Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF NEVADA
SHORTENED PROBATE PACKAGE
Control Number – NV – ET20
NOTES ON COMPLETING THESE FORMS
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SHORTENED PROBATE PACKAGE
NV-ET20
INCLUDED:
Form One - Petition for Distribution of Small Estate.
Form Two - Notice of Hearing Regarding Distribution of Small Estate and Affidavit of
Mailing
Form Three - Proposed Order Approving Petition.
Selected Nevada Statutes
PLEASE NOTE: The following is a limited set of instructions regarding the use of the included
forms. This in no way should be considered a complete discussion of the process of probating
an estate. Nevada statutes regarding probate are particularly complex, and care should be taken
to read and understand applicable statutes. Consultation with a knowledgeable attorney is
always advised.
Step One – Submit a petition to the probate court requesting authority to distribute the
assets of the estate.
Step Two – Contact the court administrator regarding a hearing date for the petition.
Step Three – A n otice of the petition and date of hearing must be given to all heirs and
devisees of the decedent.
Step Four – Upon approval of petition by probate judge, tender to the judge an order
approving the petition.
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25 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
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) CASE NO. ____________
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Deceased ) DEPT. NO. ____________
)
PETITION FOR DISTRIBUTION OF SMALL ESTATE
COMES NOW, ____________________________________ , and files this Petition for
Distribution of a Small Estate, and would show unto the court as follows:
1. The estimated value of the estate of the decedent, ______________________________ ,
does not exceed $100,000, and this Court has jurisdiction over this estate as the deceased resided
at ________________________________________________ , Nevada at the time of death, or
this court is entitled to jurisdiction in this matter for the following reasons:
________________________________________________________________________ .
2. The decedent, ______________________________ , a resident of
________________________ , residing at ____________________________________ , passed
from this life at ________________________ on the ______ day of __________________ ,
20 ______ .
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________________________________________________ , holds an interest in the estate of the
deceased through the following relationship, that of ________________________ .
4. The character, location, and estimated value of the decedent’s real and personal
property, the value of which is not in excess of $100,000, is as follows:
Real and Personal Property Location Estimated Value
(Attach additional pages if necessary)
5. The following are the names and addresses of all heirs and devisees of the decedent,
including the age of any who is a minor and the relationship of each heir and devisee to the
decedent, so far as is known to the petitioner.
Name Address Relationship
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(Attach additional pages if necessary)
6. The following is a list of all liens and mortgages of record at the date of the decedent’s
death, including estimated value of same.
Holder Estimated Value
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7. A statement of the debts of the decedent so far is known to the petitioner is as follows:
Creditor Amount
(Attach additional pages if necessary)
THEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request that this
Court issue an order,
(a) Finding that the estate of the decedent does not exceed $100,000 in value, and
(b) Directing that the estate shall not be administered upon but that the assets of the estate be
distributed by the petitioner as directed by order of the Court including:
(If there is a surviving spouse and/or minor child(ren) of the decedent use the following
paragraph).
(1) The payment of such expenses as the Court finds just, and
(2) That the remainder of the estate be set apart for the support of the surviving spouse or
minor child or minor children, or for the support of the minor child or minor children if
there is no surviving spouse.
(If there is no surviving spouse and/or minor child(ren) use the following paragraph).
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department of human resources as a result of payment of benefits for Medicaid and
creditors, if there are any; and
(2) Any balance remaining to the claimant or claimants entitled thereto pursuant to a
valid will of the decedent, and if there is no valid will, pursuant to intestate succession.
(3) Any other relief that the Court finds appropriate.
Under penalties of perjury, the undersigned declares that he is the petitioner named in the
foregoing petition and knows the contents thereof; that the pleading is true of his own
knowledge, except as to those matters stated on information and belief, and that as to such
matters he believes it to be true.
This the ______ day of __________________ , 20 ______ .
____________________________________
Petitioner
STATE OF ____________
COUNTY OF __________________
This instrument was acknowledged before me on __________________ (date) by
______________________________ (name(s) of person(s)).
(Seal) Notary Public
My Commission Expires: ____________
Type or Print Name
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(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of:
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Deceased )
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DEPT. NO. ____________
NOTICE OF HEARING REGARDING DISTRIBUTION OF ESTATE
PLEASE TAKE NOTICE , that ____________________________________ , filed with the
court a Petition for the Distribution of a Small Estate for the estate of the above-named decedent;
that a hearing on the petition has been set for the ______ day of __________________ ,
20 ______ , at the hour of ____________ ______ .M. in Dept. ______ of the above-entitled Court
which is located at the ____________ County Courthouse,
____________________________________ , Nevada, ____________ . Further details
concerning this Petition can be obtained by reviewing the Court file at the Office of the County
Clerk, ____________ County Courthouse, or by contacting the Petitioner(s) or the attorney for
the Petitioner(s) whose name, address, and telephone is :
________________________________________________________________________ .
DATED this ______ day of __________________ , 20 ______ .
Signature of Party
Printed Name
Address
City, State, and Zip
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Telephone Number
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Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of:
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Deceased )
) CASE NO. ____________
DEPT. NO. ____________
AFFIDAVIT OF MAILING
I HEREBY CERTIFY that service of the Notice of ______________________________
was made this the ______ day of __________________ , 20 ______ , by depositing a copy
of the same in the U.S. Mails, postage prepaid, return receipt requested addressed to:
________________________________________________
________________________________________________
________________________________________________
________________________________________________ .
This the ______ day of __________________ , 20 ______ .
Signature of Party
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Printed Name
Address
City, State, and Zip
Telephone Number
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Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of:
)
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Deceased )
) CASE NO. ____________
DEPT. NO. ____________
ORDER APPROVING PETITION
Upon consideration of the petition of ______________________________ , the
Court finds that the estate of the decedent is not in excess of $100,000 in value and
further finding that the petition is well taken, it is hereby ordered:
1. The petitioner is hereby granted authority to distribute the estate as set forth in
his/her petition, including:
(Insert if surviving spouse and/or minor children)
2. The payment of such expenses as the Court finds just, and
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3. That the remainder of the estate be set apart for the support of the surviving
spouse or minor child or minor children, or for the support of the minor child or minor
children if there is no surviving spouse.
(If there is no surviving spouse and/or minor child(ren) use the following paragraph).
4. The payment of funeral expenses, expenses of last illness, money owed to the
department of human resources as a result of payment of benefits for Medicaid and
creditors, if there are any; and
5. Any balance remaining to the claimant or claimants entitled thereto pursuant to a
valid will of the decedent, and if there is no valid will, pursuant to intestate succession.
6. Any other relief that the Court finds appropriate.
SO ORDERED THIS THE ______ DAY OF __________________ , 20 ______ .
_______________________________
Judge of the Probate Court
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SELECTED NEVADA STATUTES
DISTRIBUTION OF SMALL ESTATES
NRS 146.070 Estates not exceeding $100,000: Petition; notice; fees;
distribution of interest of minor.
1. If a person dies leaving an estate the gross value of which, after
deducting any encumbrances, does not exceed $100,000, and there is a
surviving spouse or minor child or minor children of the decedent, the
estate must not be administered upon, but the whole estate, after directing
such payments as may be deemed just, must be, by an order for that purpose,
assigned and set apart for the support of the surviving spouse or minor
child or minor children, or for the support of the minor child or minor
children, if there is no surviving spouse. Even if there is a surviving
spouse, the court may, after directing such payments, set aside the whole
of the estate to the minor child or minor children, if it is in their best
interests.
2. If there is no surviving spouse or minor child of the decedent and the
gross value of a decedent's estate, after deducting any encumbrances, does
not exceed $100,000, upon good cause shown, the court shall order that the
estate not be administered upon, but the whole estate be assigned and set
apart in the following order:
(a) To the payment of funeral expenses, expenses of last illness, money
owed to the Department of Health and Human Services as a result of payment
of benefits for Medicaid and creditors, if there are any; and
(b) Any balance remaining to the claimant or claimants entitled thereto
pursuant to a valid will of the decedent, and if there is no valid will,
pursuant to intestate succession.
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3. Proceedings taken under this section, whether or not the decedent left
a valid will, must not begin until at least 30 days after the death of the
decedent and must be originated by a petition containing:
(a) A specific description of all the decedent's property.
(b) A list of all the liens and mortgages of record at the date of the
decedent's death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the
petitioner.
(e) The names and residences of the heirs and devisees of the decedent
and the age of any who is a minor and the relationship of the heirs and
devisees to the decedent, so far as known to the petitioner.
4. The clerk shall set the petition for hearing and the petitioner shall
give notice of the petition and hearing in the manner provided in NRS
155.010 to the decedent's heirs and devisees and to the Director of the
Department of Health and Human Services. If a complete copy of the petition
is not enclosed with the notice, the notice must include a statement
setting forth to whom the estate is being set aside.
5. No court or clerk's fees may be charged for the filing of any petition
in, or order of court thereon, or for any certified copy of the petition or
order in an estate not exceeding $2,500 in value.
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6. If the court finds that the gross value of the estate, less
encumbrances, does not exceed the sum of $100,000, the court may direct
that the estate be distributed to the father or mother of a minor heir or
devisee, with or without the filing of any bond, or to a custodian under
chapter 167 of NRS, or may require that a general guardian be appointed and
that the estate be distributed to the guardian, with or without bond, as in
the discretion of the court is deemed to be in the best interests of the
minor. The court may direct the manner in which the money may be used for
the benefit of the minor.
[117:107:1941; A 1941, 130; 1931 NCL § 9882.117] — (NRS A 1963, 1271; 1965,
171; 1973, 431; 1975, 1772; 1981, 1794; 1983, 193; 1989, 647; 1995, 2573;
1997, 113, 1249, 1487; 1999, 2305; 2003, 881, 2512; 2007, 896)
NRS 146.080 Estates not exceeding $20,000: Transfer of assets without
issuance of letters of administration or probate of will; affidavit showing
right to assets.
1. If a decedent leaves no real property, nor interest therein, nor
mortgage or lien thereon, in this State, and the gross value of the
decedent's property in this State, over and above any amounts due to the
decedent for services in the Armed Forces of the United States, does not
exceed $20,000, a person who has a right to succeed to the property of the
decedent pursuant to the laws of succession for a decedent who died
intestate or pursuant to the valid will of a decedent who died testate, on
behalf of all persons entitled to succeed to the property claimed, or the
Director of the Department of Health and Human Services or public
administrator on behalf of the State or others entitled to the property,
may, 40 days after the death of the decedent, without procuring letters of
administration or awaiting the probate of the will, collect any money due
the decedent, receive the property of the decedent, and have any evidences
of interest, indebtedness or right transferred to the claimant upon
furnishing the person, representative, corporation, officer or body owing
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the money, having custody of the property or acting as registrar or
transfer agent of the evidences of interest, indebtedness or right, with an
affidavit showing the right of the affiant or affiants to receive the money
or property or to have the evidence transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiant's name and address, and that the affiant is entitled by
law to succeed to the property claimed;
(b) The date and place of death of the decedent;
(c) That the gross value of the decedent's property in this State, except
amounts due the decedent for services in the Armed Forces of the United
States, does not exceed $20,000, and that the property does not include any
real property nor interest therein, nor mortgage or lien thereon;
(d) That at least 40 days have elapsed since the death of the decedent,
as shown in a certified copy of the certificate of death of the decedent
attached to the affidavit;
(e) That no petition for the appointment of a personal representative is
pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including funeral and burial
expenses, and money owed to the Department of Health and Human Services as
a result of the payment of benefits for Medicaid, have been paid or
provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by
certified mail, identifying the affiant's claim and describing the property
claimed, to every person whose right to succeed to the decedent's property
is equal or superior to that of the affiant, and that at least 14 days have
elapsed since the notice was served or mailed;
(i) That the affiant is personally entitled, or the Department of Health
and Human Services is entitled, to full payment or delivery of the property
claimed or is entitled to payment or delivery on behalf of and with the
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written authority of all other successors who have an interest in the
property; and
(j) That the affiant acknowledges an understanding that filing a false
affidavit constitutes a felony in this State.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of
subsection 2 or which contains statements which are not entirely true, any
money or property the affiant receives is subject to all debts of the
decedent.
(b) Fails to give notice to other successors as required by subsection 2,
any money or property the affiant receives is held by the affiant in trust
for all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information required
by subsection 2 is entitled to rely upon that information, and if the
person relies in good faith, the person is immune from civil liability for
actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit
containing the information required by this section:
(a) A transfer agent of any security shall change the registered
ownership of the security claimed from the decedent to the person claiming
to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of title,
ownership or registration to personal property shall issue a new
certificate of title, ownership or registration to the person claiming to
succeed to ownership of the property.
6. If any property of the estate not exceeding $20,000 is located in a
state which requires an order of a court for the transfer of the property,
or if the estate consists of stocks or bonds which must be transferred by
an agent outside this State, any person qualified pursuant to the
provisions of subsection 1 to have the stocks or bonds or other property
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transferred may do so by obtaining a court order directing the transfer.
The person desiring the transfer must file a petition, which may be ex
parte, containing:
(a) A specific description of all the property of the decedent.
(b) A list of all the liens and mortgages of record at the date of the
decedent's death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages of any minors and residences of the decedent's heirs
and devisees.
(e) A request for the court to issue an order directing the transfer of
the stocks or bonds or other property if the court finds the gross value of
the estate does not exceed $20,000.
(f) An attached copy of the executed affidavit made pursuant to
subsection 2.
(If the court finds that the gross value of the estate does not exceed
$20,000 and the person requesting the transfer is entitled to it, the
court may enter an order directing the transfer.
(Added to NRS by 1957, 130; A 1975, 1773; 1979, 478; 1983, 194; 1995, 2574;
1997, 1250, 1488; 1999, 2306; 2001, 2346; 2003, 476, 882)
NRS 155.010 Method of giving notice; notice to certain persons required; court may dispense
with notice; proof; waiver of notice.
1. Except as otherwise provided in a specific statute relating to the kind of notice required or
otherwise ordered by the court in a particular instance, a petitioner shall cause notice of the time and
place of the hearing of a petition to be given to each interested person and to every other person entitled
to notice pursuant to this Title or his attorney if he has appeared by attorney or requested that notice be
sent to his attorney. Notice must be given:
(a) By mailing a copy thereof at least 10 days before the time set for the hearing by certified,
registered or ordinary first-class mail addressed to the person being notified at the post office address
given in his demand for notice, if any, or at his office or place of residence, if known, or by personally
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delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing;
or
(b) If the address or identity of the person is not known and cannot be ascertained with reasonable
diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper
having general circulation in the county where the hearing is to be held, the last publication of which
must be at least 10 days before the date set for the hearing.
2. The court, for good cause shown, may provide for a different method or time of giving notice for
any hearing, or may dispense with the notice otherwise required to be given to a person under this Title.
3. Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.
4. A person entitled to notice may, in writing, waive notice of the hearing of a petition.
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