Nevada law sets out who may serve, who has priority, and who is disqualified. Recent legislation has tightened those rules considerably. Here is how appointment actually works.
Executor, administrator, personal representative: what’s the difference?
All three terms describe the same job, and Nevada courts use personal representative as the general term.
- An executor is a personal representative named in a valid will.
- An administrator is a personal representative appointed by the court when there is no will, or when the named executor cannot or will not serve.
The distinction matters mainly for how the person gets the job. Once appointed, the responsibilities are largely the same: inventorying and safeguarding assets, notifying heirs and creditors, paying valid debts and taxes, and distributing what remains.
Being named in a will is not the same as being appointed
This trips up a lot of families. A will nominates an executor, but that nomination does not take effect on its own. The person must petition the court, and the court must issue letters testamentary or letters of administration before they have any authority to act.
Until those letters are issued, no one can legally sell estate property, close accounts, or distribute anything — no matter what the will says. Banks and title companies will ask for the letters, not the will.
Nevada’s order of priority
When there is no will, or the named executor declines, Nevada law establishes an order of priority for appointment. It generally begins with the surviving spouse and moves outward through the decedent’s family before reaching anyone else.
Senate Bill 404, effective October 1, 2025, revised both that order of priority and the question of who may serve at all. If you are working from older guidance about who ranks where, it is worth confirming against the current statute.
Who cannot serve
Nevada disqualifies certain individuals outright. Grounds for disqualification have historically included being a minor, having been convicted of a felony, and a court finding that a person lacks the integrity or capacity to execute the duties of the office. A person with a conflict of interest may also be blocked from serving.
Notably, Nevada does not require a personal representative to live in the state. Out-of-state family members frequently serve, though there are practical considerations — and sometimes bond requirements — that come with administering an estate from a distance.
What changed under SB 404 — and why
The most significant recent development came out of investigative reporting. A Las Vegas Review-Journal investigation documented a pattern in Southern Nevada probate cases: matters that were opened without family participation, homes sold to a small circle of buyers and resold within months, and heirs who ultimately received nothing.
The vulnerability was structural. Nevada’s priority list ended with a catch-all category for anyone “legally qualified,” which was a low bar — in practice, nearly any adult who was not a convicted felon could petition to run a probate case.
SB 404, which was proposed by the Probate and Trust Law Section of the State Bar of Nevada, addressed this directly. Under the new law, a petitioner who qualifies only under that catch-all category must now obtain a finding of good cause for their appointment, supported by evidence including a statement of qualifications and an affidavit describing their due diligence in locating the decedent’s family.
The legislation also narrowed independent administration — the streamlined process that allows a personal representative to sell property and pay claims without prior court approval. That authority is now limited to personal representatives named in a will, the surviving spouse, and family members of the decedent. The fast track that previously allowed outside parties to control estate sales is closed to non-family petitioners.
For families, the practical effect is meaningful: it is now considerably harder for a stranger to take control of a relative’s estate, and easier for family members to object when someone tries.
When more than one person wants the job
Contested appointments are common, particularly among adult siblings. When two people with equal priority both petition, the court decides — weighing factors like each candidate’s ability to manage the estate’s assets, any conflicts of interest, and whether one has already been acting in ways that raise concern.
These disputes are worth taking seriously at the outset. The personal representative controls the estate’s assets, its records, and the pace of the administration. It is far easier to raise a concern before appointment than to unwind decisions afterward.
Removing a personal representative later
Appointment is not permanent. A personal representative who breaches their fiduciary duties — by self-dealing, failing to account, neglecting the estate, or refusing to communicate with beneficiaries — can be removed for cause.
Beneficiaries sometimes hesitate to raise these issues, particularly when the personal representative is a family member. But a personal representative is a fiduciary, legally obligated to act in the beneficiaries’ interests rather than their own. Our discussion of removing an executor for cause covers the grounds and the process, and our look at the missteps that most often lead to litigation may help you recognize a problem early.
If there is no will at all
When someone dies intestate, the appointment question and the inheritance question arrive together — and they have different answers. The person appointed to administer the estate is not necessarily the person who inherits the most from it. We walk through both in our guide to dying without a will in Nevada.
Talking through your situation
Whether you are preparing to petition for appointment, weighing whether to object to someone else’s petition, or serving already and want to be sure you are meeting your obligations, these decisions benefit from early guidance. The appointment stage sets the direction for everything that follows.
Solomon Dwiggins Freer & Steadman, represents personal representatives, heirs, and beneficiaries throughout Nevada, and our attorneys have been closely involved in the development of the state’s trust and estate statutes. You can read more about our probate and estate administration practice, or call our Las Vegas office at (702) 853-5483.