Nevada Probate

STATE OF NEVADA
SHORTENED PROBATE PACKAGE
Control Number – NV – ET20

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Petition for Distribution of Small Estate

Document Code

(Your name)

(Address)

(Telephone)

In Proper Person

DISTRICT COURT
COUNTY, NEVADA

In the Matter of the Estate of:

CASE NO.

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.

3. The petitioner, , of the following address, , 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:

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.

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.

7. A statement of the debts of the decedent so far as known to the petitioner is as follows:

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).

(1) 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

(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 .

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, , or by contacting the Petitioner(s) or the attorney for the Petitioner(s) whose name, address, and telephone is:

DATED this day of , 20.

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.

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

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.

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.

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.

3. Proceedings taken under this section must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing specific property, liens, estimated value, debts, and heirs/devisees information.

4. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing to heirs and devisees and to the Director of the Department of Health and Human Services.

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.

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 bond, or to a custodian, or may require that a guardian be appointed, as deemed in the best interests of the minor.

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, and the gross value of the decedent's property in this State does not exceed $20,000, a person entitled to succeed may collect money due the decedent and receive the property upon furnishing an affidavit.

2. An affidavit made pursuant to this section must state the affiant's name and address, date and place of death, value of property, notice to successors, debts paid or provided for, description of property, and other required statements.

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, a petitioner shall cause notice of the time and place of the hearing of a petition to be given to each interested person.

2. Notice must be given by mail at least 10 days before the hearing or by publication for 3 consecutive weeks if the address or identity is not known.

3. Proof of notice must be filed on or before the hearing.