Probate

Definitions

NRS Chapter 132 provides important probate-related definitions.

What is a Testate Estate?

NRS 132.340 "Testate estate" defined. "Testate estate" means an estate with respect to which a will has been offered and admitted to probate.

What is an Intestate Estate?

NRS 132.195 "Intestate estate" defined. "Intestate estate" includes an estate where no will has been admitted to probate as the last will and testament or an estate where the will does not distribute the entire estate.

What happens to the Estate when there is no Will?

The Estate proceeds by intestate succession, which means that it goes in shares to certain relatives of the decedent. NRS Chapter 134 gives illustrations of who may be entitled to inherit under intestate succession.

What is the Definition of Will?

NRS 132.370 "Will" defined. "Will" means a formal document that provides for the distribution of the property of a decedent upon the death of the decedent.

What is the Definition of Probate?

NRS 132.275 "Probate" defined. "Probate," used as a noun, means a legal proceeding in which the court has jurisdiction to administer, pay out and distribute the assets of a decedent to the persons entitled to them, including devisees, heirs, creditors and others.

What is a Petition?

NRS 132.270 "Petition" defined. "Petition" means a verified written request to the court for an order.

What is a Notice?

NRS 132.240 "Notice" defined. "Notice" means information provided pursuant to NRS 155.010 or 155.020 or any other statute requiring advance information of an opportunity, obligation or the occurrence of an event.

What is an Inventory?

NRS 132.200 "Inventory" defined. "Inventory" means the description of assets required by NRS 144.040.

What is a Personal Representative?

NRS 132.265 "Personal representative" defined. "Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.

What is an Administrator?

NRS 132.040 "Administrator" defined. "Administrator" means a person not designated in a will who is appointed by the court to administer an estate.

What is an Heir?

NRS 132.165 "Heirs" defined. "Heirs" means persons, including the surviving spouse and the state, who are entitled by intestate succession to the property of a decedent.

What is a Beneficiary?

NRS 132.050 "Beneficiary" defined. "Beneficiary," as it relates to:
  1. A trust, includes a person who has a present or future interest, vested or contingent, and the owner of an interest by assignment or other transfer;
  2. A charitable trust, includes any person entitled to enforce the trust;
  3. An instrument designating a beneficiary, includes a beneficiary of any non-probate transfer; and
  4. A beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under a designation, a donee, an appointee or a taker in default under a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary or representative capacity is exercised, but does not include a person who receives less than $100 under a will.

What is an Estate?

NRS 132.120 "Estate" defined. "Estate" includes the property of the decedent or trust whose affairs are subject to this title as it is originally constituted and as it exists from time to time during administration.

What is an Executor?

NRS 132.130 "Executor" defined. "Executor" means a person nominated in a will and appointed by the court to execute the provisions of the will and administer the estate of the decedent.

Who are the Interested Persons of an Estate?

NRS 132.185 "Interested person" defined. "Interested person" means a person whose right or interest under an estate or trust may be materially affected by a decision of a fiduciary or a decision of the court. The fiduciary or court shall determine who is an interested person according to the particular purposes of, and matter involved in, a proceeding.

What are Letters?

NRS 132.220 "Letters" defined. "Letters" includes letters testamentary, letters of administration, letters of administration with will annexed and letters of special administration.