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What is the legal procedure to have a grant of Letters of Administration revoked?

Las Vegas, NV |

If the Probate Registry issues a grant of Letters of Administration to a kin of the deceased and then issues a grant of Letters of Administration to an applicant claiming to be a common-law spouse, then a competing administration of the estate has been created and one grant needs to be revoked. Would the 2nd grant be revoked on the basis it was issued when an existing grant was in place? Would the 1st grant be revoked on the basis it was issued to a lesser priority party? Would a common-law spouse have to prove they were in fact the common-law spouse first before either grant was revoked? What would be the various procedures or methods one could consider taking to resolve this issue legally?

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Attorney answers 1


If would help if you state what state is involved. In Nevada the term "Probate Registry" is not used, so I expect your question concerns a different state. Probate procedures can vary a lot from one state to another.

Dara J. Goldsmith

Dara J. Goldsmith


Additionally, Nevada does not accept common law marriage unless it was created in another state and that state allows for the same. The common law marriage would need to have been created prior to relocating to Nevada in order to be given full faith and credit under Nevada law.

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