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Unclaimed Property and Probate in Nevada

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donadenese

Junior Member
What is the name of your state (only U.S. law)? Nevada
I have submitted a claim to the State Treasurer of Nevada's Unclaimed Property Division for the sum of $18,865.85. The sum represents a CD and was owned by my Aunt who is now deceased. As Executor of the Estate I have provided the Treasurer's office with all the required documents proving I am the rightful owner of this property; Claim form, my ID, Death Certificate, SS and Tax ID Nos., Powers of Attorney, Will, Living Will, Declaration of Trust, Affidavit of Small Estate, all signed and notarized. The Treasurer's Office, it seems, is never satisfied and now demands that the $18,000.00 which constitutes "The Estate" go through Probate, and that I produce a Final Order of Probate or my claim will be denied. The whole of the Estate, house, bank accounts, and all personal property was settled nearly 10 years ago without probate.
I have met with two Estate Planning and Probate Attorneys and have been told that because the sum is under $20,000, Probate is not necessary.
Ive sent a Letter of Protest and asked for a review hearing, but I can't help but wonder if my claim will be denied no matter what proof I provide. Please advise. Any information or personal experience in claiming property from the State Treasurer's Office Unclaimed Property Division whould be greatly appreciated. Thank you, Donadenese
 


Dandy Don

Senior Member
On what basis are you calling yourself the executor of the estate? If you have not filed to open up probate, you have not yet been given that title. Do as you have been instructed by the unclaimed property office and get probate opened up--that is the only way that the money can legally and properly be distributed to the valid legal heirs. If you are the only heir, then the money will be all yours, but if there are other heirs (was the lady survived by a husband or children), then they deserve their share of the money also. Check at the county courthouse probate court and you will probably find simplified procedures for filing for a "smaller" estate. Make things easier with the unclaimed property office by sending a letter withdrawing or cancelling your "Letter of Protest" and admit that it was sent in error and that you did not fully understand the procedures.
 

donadenese

Junior Member
Thank you Dandy. But the money held by the State of Nevada is named in the Will and the Will became a Trust. Isn't one of the reasons Trusts are formed is to avoid Probate? Oh and about being the Executor; I was named the Executor by my Aunt and Uncle in their Declaration of Trust Document.
donadenese
 
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Dandy Don

Senior Member
Yes, the purpose is to avoid probate. But because someone slipped up here--either the executor or the trustee, in how this money was handled or not claimed, now probate is the only solution to claim the money. Are you also named as trustee or is the money held in the name of a trust? If so, then the trustee is the only party eligible to claim it. You will not officially and legally become executor until probate is filed.
 

Dandy Don

Senior Member
Please do not automatically assume that probate will be expensive. Court costs will probably be a few hundred dollars. This is a simple project that you can do yourself but you can hire a probate attorney if you wish to.
 
I agree with Dandy Don. You are not the executor until a court appoints you as such. You need to probate all assets put into the trust by the pourover will. Probate may not be that expensive. (If you want to do it on the cheap, get a Nolo Press book.)
 

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