Where To Probate?

Real estate must always be probated in the state in which it is located. Obviously, this can require more than one probate if there is real estate in two or more states.

Timeshares in Nevada are Real Estate. Typically Nevada timeshare companies sell the right to use a particular type of property, e.g., 2 bedroom unit, at a particular address in a particular week each year or every other year. But bigger timeshare companies also may describe the timeshare as having so many points which can be used in locations outside Nevada where the company has timeshares.

Personal property must always be probated in the state in which the Decedent was a resident at the time of death. Courts generally look at the residence listed on the death certificate to determine residency. Sometimes, the residence listed on the death certificate can be arbitrary.

For Example:
A funeral director might ask the next of kin what state the Decedent was a resident of and accept whatever answer is given and put that on the death certificate. An erroneous death certificate residence can be corrected by applying to the state for a corrected death certificate with appropriate supporting documentation.

If the decedent was a Nevada resident, his or her will must be probated in the County in which the decedent was resident at the time of death.

If the decedent was not a Nevada resident at death, but there is a need for an ancillary Nevada probate, this Ancillary Nevada Probate can be filed in any Nevada county in which any part of the Nevada estate is located. For example, if the decedent was a California resident who had real estate in Las Vegas in Clark County, a bank account in Nye County, and a mobile home in Washoe County, the ancillary Nevada probate could be filed in any of these three counties. These rules are set out in N.R.S. 136.010.

Is A Mobile Home Considered Personal Property or Real Estate?

What if the decedent was not a Nevada resident but owned a mobile home and a mobile home lot in Nevada? The Nevada court has jurisdiction over the lot; will the Nevada court accept jurisdiction over the mobile home which could be considered personal property as it is mobile, or could be considered real estate as it is attached to the land? Attorneys in Nevada have been getting mixed results when asking a judge to accept jurisdiction over the lot and mobile home if the Decedent's death certificate lists a non-Nevada state of residence.