Who Can Serve as Executor in Nevada?

Who you name in your Will to serve as executor matters. You want the person to be trustworthy, but also must be someone that qualifies under Nevada law.

In Nevada, generally someone can serve as an executor if they are 18 years old or older, and have a clean criminal record. Being a resident of State of Nevada matters depending upon the existence of a will.

There are additional factors to consider. And there are some restrictions relating to who can serve as executor of an estate. The remainder of this article explains in more detail the restrictions on who can serve as the executor or administrator.

Basic Requirements for Who Can Serve as Executor

The requirements of who can serve as personal representative, which is the common title for both “executor” and “administrator”, is governed by Nevada Revised Statutes 138.020.

For the probate court to appoint , you’ll need to meet several basic requirements.

First, age is a crucial factor in executor qualifications. You must be at least 18 years old to take on this responsibility. This age requirement ensures that executors have the legal capacity to make important decisions and manage estate affairs.

Whether you are convicted of a felony plays a role in eligibility criteria. Felony convictions will disqualify you from serving as a personal representative in Nevada, unless the court decides that the conviction is of a type that should not disqualify you from serving.  The state aims to protect estates by excluding individuals with a history of serious criminal activity.

The court can also refuse to appoint a personal representative is that person is found to have a lack of integrity or understanding, have a conflict of interest, have a habit of drunkenness or for any other compelling reason.

Your residency can also play a role.

Nevada Residency Rules

Among the basic eligibility requirements, Nevada’s residency rule stands out as a key factor for potential personal representative. If you are the person named in a valid will, and otherwise meet the statutory requirements, then you do not need to be a resident of Nevada.

Unfortunately, if a person dies without a will, “intestate,” non-residents are typically ineligible to serve as administrators unless they associate in a Nevada resident to serve as co-administrator. This can be either an individual that resides in the State or a bank that is authorized to do business in NV.

With this workaround, a close family member or other heir may still serve as administrator even though they live out of state. And if the they do not know someone that is a resident, in our law firm, we can associate in one of our probate attorneys as the co-administrator.

Types of Executors

You’ll find two main categories of estate personal representatives: executors and administrators. An executor is the person named in the will of the testator, while administrators are appointed by the court when there’s no will to probate.

If no person is named as executor in the will, then an administrator with will annexed is appointed. The wills that I’ve seen that fail to name an executor are usually those drafted either by the decedent or for them by a non-attorney.

As for who can serve in these roles, you have several options. Family members and friends are common choices, as they’re often familiar with the deceased’s wishes and assets.

However, you can also appoint professional advisors or institutions to handle your estate. These might include attorneys, accountants, or trust companies, who often have a better understanding of the probate process and the duties and responsibilities the job entails.

If you’re creating a will, you have the freedom to choose anyone you trust as your executor as long as they meet the statutory requirements mentioned above.

But if no one is named in the will, the court needs to appoint an administrator. The court determines who is qualified to serve by first looking at the list prioritized in NRS 139.040.  At the top of the list is the surviving spouse, then children.

Seeking Legal Guidance From an Estate Attorney

The complexities of executor selection underscore the importance of seeking professional legal advice. When you’re preparing your estate plan, it’s important to consult with a reputable estate planning attorney to guide you through the process of choosing an executor. 

Your attorney can provide valuable insights into executor eligibility criteria, ensuring that your chosen candidate meets all necessary qualifications. And they can remind you of the importance of selecting an alternate executor. 

Legal advice is particularly important given the significant responsibilities executors must handle, including managing creditor claims, preparing an inventory, addressing estate taxes, and distributing assets to beneficiaries.

Frequently Asked Questions

Can a Beneficiary of the Will Serve as the Executor of an Estate?

Yes, a beneficiary may serve as executor if you’re a beneficiary. However, be aware of potential conflicts of interest and legal implications. You must uphold your duties impartially on behalf of the estate. It’s advisable to seek legal guidance to navigate complexities.

Is There a Limit on How Many Executors Can Be Appointed?

You can appoint multiple executors in your will without a specific limit. Consider executor eligibility when selecting them. It’s common to name two or more executors to serve jointly, providing checks and balances in estate administration. However, too many can lead to practical administrative issues.

Can Someone With Power of Attorney Automatically Become the Executor?

No, you can’t automatically become the executor if you have power of attorney. A power of attorney terminates with the person’s death. This distinction can lead to family conflicts and potential issues if not properly addressed.

Are There Any Professional Qualifications Required to Serve as an Executor in Nevada?

You don’t need specific professional qualifications to be an executor. However, you should understand the legal responsibilities and duties involved, as you’ll be managing the deceased person’s estate and fulfilling their wishes.

Can a Personal Representative Be Removed or Replaced After Appointment?

Yes, you can remove or replace an executor after appointment. There are legal grounds for executor accountability, including misconduct or incompetence. You’ll need to petition the court and provide sufficient evidence to support your request.

Conclusion

You now have a good overview of who can serve as an executor in Nevada. Remember, while there are specific requirements and considerations, you don’t have to navigate this process alone.

If you’re unsure about your eligibility or the best choice for an executor, it’s always wise to consult with a legal professional. We can help ensure you’re making well informed decisions that comply with Nevada’s laws and best serve your estate’s needs. Call today to schedule an appointment.