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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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State of NV Estate, brother passed away, have copy of will

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State of NV Estate, brother passed away, have copy of will given to me in 1990 prior to departing for desert storm. Will is motorized in state of Texas, copy does not have embossed notary seal, only copy of seal. Simple will instructing executor to pay all bills in closing estate. State of NV, Clark county court adminastrator does not recognize copy of will, says we must have original. Brother did have attorney in state of MO, she states that she was never directed to create a will and as far as she knows this is only will he has. Brother has trailer recently purchased within 3 weeks, need to get same cleaned and disposed of due lot rent and late fees.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that in all states, except for some very rare cases where the heirs can prove the original was destroyed by fire or flood etc, an original will is required for probate. If you cannot find any original will, then you would have to open probate under the intestate laws in the state where your brother resided at the time of his death and you would have to seek to be named administrator. If his total estate assets are less than $20,000 and this was in Nevada as you state, then you could do a small estate probate by filing an affidavit and getting letters of administration of the estate to handle all of his affairs. If the estate total value is worth more than that you have to file a petition for intestate probate and get the court to name you administrator for the estate.

Under intestate succession rules in NV, if there was a surviving spouse and children, they are the first in line as heirs. Absent spouse, children, grandchildren, next in line are parents and absent parents then siblings as heirs of his estate (if anything is left after paying his bills).

If you want to probate this is what you need to do and you should get a local NV probate attorney to file if you have to do more than small estate affidavits. Your other choice if there really is nothing in the estate but bills is as you stated, just walk away and let the creditors fight over the property and tell them the estate is insolvent. But you should have a local probate attorney just review the estate first before making that decision, because they may find something for you that would be worth it to you to probate the estate.

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