Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF NEVADA
PETITION FOR
SUMMARY ADMINISTRATION PACKAGE
Control Number – NV – ET30
NOTES ON COMPLETING THESE FORMS
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DISCLAIMER
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PETITION FOR
SUMMARY ADMINISTRATION PACKAGE
NV-ET30
INCLUDED:
Form One - Petition for Letters of Summary Administration.
Form Two - Notice of Petition for Letters of Administration and Affidavit of Mailing
Form Three - Proposed Order Approving Petition and granting letters of summary
administration, and Letters of Administration
Form Four - Notice to Creditors
Form Six - Notice of Hearing upon filing of final account and petition for
distribution.
Form Seven - Final Account and Petition for Distribution
Form Eight - 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 to be named as the estate
administrator. Notice of this petition must be given to all parties with an
interest in the estate.
Step Two – Contact the court administrator regarding a hearing date for the petition.
Step Three – Upon approval of petition by probate judge, tender to the judge an order
approving the petition and letters of administration.
Step Four – Notify all creditors of the estate of the administration, and allow them the
opportunity to make a claim against the estate.
Step Five – File with the court an accounting of the estate and a petition to distribute
the assets of the estate, taking care to notify interested parties of the
petition and the date it will be heard.
Step Six – Present the probate judge with an order approving accounting and plan for
distributing the estate.
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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
PETITION FOR LETTERS OF SUMMARY ADMINISTRATION
COMES NOW, ____________________________________ , and files this Petition for
Unsupervised Administration and would show unto the court as follows:
1. 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 ______ ,
with without a will. If a will exists, same is attached to this petition.
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24 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 $200,000, is as follows:
Real and Personal Property Location Estimated Value
(Attach additional pages if necessary)
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24 5. The following are the names and addresses of all parties with an interest in the estate 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
6. The petitioner has/has never been convicted of a felony and is a just and proper party to
act as an administrator of this estate.
THEREFORE, PREMISES CONSIDERED, the petitioner would respectfully request that this
Court issue an order,
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24 (a) Granting the petitioner letters of administration and authority as a personal representative of
this estate to resolve this estate through summary administration.
(b) Directing that all regular proceedings and notices are dispensed with except;
(1) Notice of initial petition for summary administration,
(2) Notice and confirmation of sale of real property
(3) Notice of final account and petition for distribution and request for attorney’s fees.
(4) Notice to Creditors.
(c) Directing that an inventory and appraisement or record of value must be filed by the
petitioner, and
(d) 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
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24 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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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
NOTICE OF HEARING FOR APPOINTMENT OF ADMINISTRATOR
PLEASE TAKE NOTICE , that ______________________________ , filed with the
court a Petition for Appointment of Administrator 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 :
____________________________________________________________ .
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24 DATED this ______ day of __________________ , 20 ______ .
Signature of Party
Printed Name
Address
City, State, and Zip
Telephone Number
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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
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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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
ORDER APPROVING PETITION
Upon consideration of the petition of ______________________________ , and it
appearing to the satisfaction of the Court that publication against creditors and other
interested persons has been completed, and no objections having been filed, it is by the
Court this the ______ day of __________________ , 20 ______ ,
Ordered:
1. The petitioner is hereby granted authority to resolve this estate in an abbreviated
probate proceeding.
2. The will exhibited by the petitioner is hereby admitted to probate.
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24 3. Any witnesses to an alleged will are hereby ordered to appear and give testimony
regarding its execution.
4. Any person alleged to have custody of a will is hereby required to deliver it to the
Court.
5. Any interested person is hereby directed to show cause why the provisions of any
lost or destroyed will should not be admitted to probate as expressed in the petition.
6. The petitioner is hereby named as an unsupervised personal representative of the
decedent.
SO ORDERED THIS THE ______ DAY OF __________________ , 20 ______ .
_______________________________
Judge of the Probate Court
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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
LETTERS OF ADMINISTRATION
On the ______ day of __________________ , 20 ______ , the Court entered an Order
appointing ______________________________ as Administrator of the Decedent’s
Estate. The Order includes:
A directive for no bond.
A directive for the establishment of blocked accounts.
A directive for the posting of bond in the sum of $ __________________ ; or,
A directive for both the establishment of blocked accounts for sums in excess of
$ __________________ and the posting of bond in the sum of $ __________________ .
The Administrator, having duly qualified, may act and has the authority and
duties of Administrator.
In testimony of which, I have this date signed these Letters and affixed the seal of
the Court.
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24 ________________________
Clerk of Court
OATH
I, ______________________________ , whose mailing address is
________________________________________________ , solemnly affirm that I will
faithfully perform according to law the duties of Administrator and that all matters stated
in any petition or paper filed with the Court by me are true of my own knowledge or, if
any matters are stated on information and belief, I believe them to be true.
_________________________________
Administrator
State of Nevada
County of __________________
Subscribed and affirmed before me,
This the ______ day of __________________ , 20 ______ ,
____________________________________
Clerk or Notary Public
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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
Notice to Creditors
Notice is hereby given that on the ______ day of __________________ ,
20 ______ , the undersigned was duly appointed and qualified by the above-entitled Court
as Personal Representative of the Estate of ______________________________ ,
deceased. All creditors having claims against the Estate are required to file their claims,
with supporting documentation attached, with the Clerk of the Court,
__________________ County Courthouse, ________________________ , Nevada,
____________ , within ____________ days after the mailing of the first publication (as
the case may be of this notice).
This the ______ day of ____________ , 20 ______ .
Signature of Personal Representative
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Printed Name
Address
City, State, and Zip
Telephone Number
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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
Notice of Hearing on First and Final Report and Account and Petition
for Final Distribution and Approval of Costs and Fees.
PLEASE TAKE NOTICE that ______________________________ , the
Personal Representative(s) of the Estate of the above-named Decedent, filed in the
above-entitled Court a First and Final Report and Accounting to settle the administration
of the Estate, a Petition for Final Distribution of the Estate and for Approval of payment
of attorney’s fees in the sum of $ __________________ , and other costs of
administration; that a hearing on these matters has been set for the ______ day of
__________________ , ____________ - at the hour of ____________ ______ .M. in Dept
______ - of the above entitled Court which is located at the __________________
County Courthouse, __________________ , Nevada, ____________ . Further details
concerning these matters can be obtained by reviewing the court file at the office of the
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24 County Clerk, __________________ County, Courthouse, or by contacting the
Petitioner(s) or the attorney for the Petitioner(s) whose name, address, and telephone
number is: ____________________________________________________________ .
This the ______ day of __________________ , 20 ______ .
____________________________________
Signature
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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
First and Final Account and Petition for Distribution
COMES NOW , ______________________________ , as duly appointed administrator of
the estate of ______________________________ , deceased, and would state as follows:
1. Summary administration of the estate of the above-named decedent was ordered
by this Court on the ______ day of __________________ , 20 ______ .
2. The following is a first and final accounting offered for the purposes of settling
said estate.
3. Assets of the estate and their estimated values:
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24 ASSET DESCRIPTION COMPLETE ASSET ADDRESS DOLLAR
VALUE
4. Obligations and Expenses of the Estate:
[ ] Funeral and burial expenses (attach statement and/or receipts):
Type of
service:
Services by:
Address:
Amount:
Paid/Due:
[ ] Last illness expenses (attach statement and/or receipts):
Type of
service:
Services by:
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24 Address:
Amount:
Paid/Due:
[ ] Attorney’s fees or other costs of administration (attach statement and/or receipts):
Type of
service:
Services by:
Address:
Amount:
Paid/Due:
5. Those entitled to Distribution :
Surviving Spouse:
Address:
City:
State:
Zip code:
HEIRS, BENEFICIARIES OR CREDITORS
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
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DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
6. Petitioner requests payment or distribution to:
Name
Address:
City:
State:
Zip Code:
Asset Description and
Value:
Name
Address:
City:
State:
Zip Code:
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24 Asset Description and
Value:
WHEREFORE, PREMISES CONSIDERED, the petitioner would respectful request that
this Court issue an order approving the settlement of said estate, including expenditures
enumerated above, and that the petitioner be given leave as administrator to distribute the
assets of the estate as above
This the ______ day of __________________ , 20 ______ .
_________________________________
Signature
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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24 Document Code __________________
(Your name) __________________
(Address) __________________
__________________
(Telephone) __________________
In Proper Person
DISTRICT COURT
COUNTY, NEVADA
In the Matter of the Estate of: )
)
)
Deceased )
) CASE NO. ____________
DEPT. NO. ____________
ORDER APPROVING PETITION FOR DISTRIBUTION OF ESTATE
Upon consideration of the petition of ______________________________ , said
petition is well taken and it is hereby ordered:
1. The settlement of the estate of ______________________________ , as set out
in the administrator’s petition is hereby approved.
2. Further, the expenses and distributions as set out in the petition are also
approved.
3. The administrator is hereby authorized to distribute the assets of the estate as
set out in said petition
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24 ORDERED AND ADJUDGED THIS THE ______ DAY OF __________________ ,
20 ______ .
_______________________________
Judge of the Probate Court
SELECTED NEVADA STATUTES
CHAPTER 145 - SUMMARY ADMINISTRATION OF ESTATES
NRS 145.010 Application of chapter. The provisions of this chapter shall apply only to estates of
which summary administration shall be ordered.
NRS 145.020 Contents of petition seeking summary administration. All proceedings taken under
this chapter, whether or not the decedent left a will, must be originated by a petition for letters
testamentary or letters of administration containing:
1. Jurisdictional information;
2. A description of the property of the decedent, including the character and estimated value of the
property;
3. 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 each heir and devisee to the decedent, so far as known to the petitioner; and
4. A statement that the person to be appointed as personal representative has never been convicted of
a felony.
NRS 145.030 Notice required. Notice of a petition for the probate of a will and the issuance of
letters must be given as provided in NRS 155.010.
NRS 145.040 Conditions for ordering summary administration. If it is made to appear to the
court that the gross value of the estate does not exceed $200,000, the court may, if deemed advisable
considering the nature, character and obligations of the estate, enter an order for a summary
administration of the estate.
NRS 145.050 Certain regular proceedings and notices dispensed with by order for summary
administration. The order for a summary administration of the estate must:
1. Dispense with all regular proceedings and further notices, except for the notices required by NRS
145.030, 145.070, 145.075 and 147.010; and
2. Provide that an inventory and appraisement or record of value be filed with the clerk.
NRS 145.060 Creditors' claims: Filing, approval and payment; procedure if claim of
department of human resources rejected.
1. Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days
after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of
the notice to creditors pursuant to NRS 155.020, and within 10 days thereafter the personal representative
shall allow or reject the claims filed.
2. Any claim which is not filed within the 60 days is barred forever, except that if it is made to
appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant
did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of
the final account.
3. Every claim which is filed as provided in this section and allowed by the personal representative,
must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course
of administration, except that payment of small debts in advance may be made pursuant to subsection 3
of NRS 150.230.
4. If a claim filed by the welfare division of the department of human resources is rejected by the
personal representative, the state welfare administrator may, within 20 days after receipt of the written
notice of rejection, petition the court for summary determination of the claim. A petition for summary
determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall
give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the
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court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal
representative.
NRS 145.070 Sales of real property: Notice and procedure. All sales of real property, if summary
administration is ordered, must be made upon notice given and in the manner required by chapter 148 of
NRS.
NRS 145.075 Hearing and notices required upon filing of final account and petition for
distribution.
1. Upon the filing of a final account and petition for distribution of an estate for which summary
administration was ordered, the notice of hearing, the account and petition, together with notice of the
amount agreed or requested as attorney's fees, must be given to the persons entitled thereto.
2. The petitioner shall give notice of hearing for the period and in the manner provided in NRS
155.010.
NRS 145.080 Close of administration and distribution. The administration of the estate may be
closed and distribution made at any time after the expiration of the time for the personal representative to
act on the claims, if it appears to the court that all the debts of the estate, expenses and charges of
administration and allowances to the family, if any, have been paid, and the estate is in condition to be
finally settled.
NRS 145.110 Revocation of summary administration. If at any time after the entry of an order for
the summary administration of an estate it appears that the gross value of the estate exceeds $200,000 as
of the death of the decedent, the personal representative shall petition the court for an order revoking
summary administration. The court may, if deemed advisable considering the nature, character and
obligations of the estate, provide in its order revoking summary administration that regular administration
of the estate may proceed unabated upon providing such portions of the regular proceedings and notices
as were dispensed with by the order for summary administration.
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
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.
NRS 147.010 Notice to creditors. A personal representative shall publish and mail notice to creditors in
the manner provided in NRS 155.020.
NRS 155.020 Method and form for notices.
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1. Notice of a petition for the probate of a will and the issuance of letters and the notice to creditors
must be given to:
(a) The persons respectively entitled thereto, including the state welfare administrator, as provided in
NRS 155.010; and
(b) The public, including creditors whose names and addresses are not readily ascertainable, by
publication on three dates of publication before the hearing, and if the newspaper is published more than
once each week, there must be at least 10 days from the first to last dates of publication, including both
the first and last days.
2. Every publication required by this section must be made in a newspaper published in the county
where the proceedings are pending, but if there is not such a newspaper, then in one having general
circulation in that county.
3. The notice of the hearing upon the petition to administer the estate must be in substantially the
following form:
NOTICE OF THE HEARING UPON THE PETITION TO
ADMINISTER THE ESTATE
Notice is hereby given that ................................ has filed in this court a petition for the probate of a
will and for letters testamentary, or for letters of administration, of the estate of ................................,
deceased, and a hearing has been set for the .......... day of the month of................, of the year......,
at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate
are notified to appear and show cause why the petition should not be granted.
Dated .............................................
4. As soon as practicable after appointment, a personal representative shall, in addition to publishing
the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily
ascertainable as of the date of first publication of the notice and who have not already filed a claim. The
notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title
of the court and the date of appointment) as personal representative of the estate of ................................,
deceased. All creditors having claims against the estate are required to file the claims with the clerk of
the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of
this notice.
Dated .............................................
5. If before the last day for the filing of a creditor’s claim under NRS 147.040, the personal
representative discovers the existence of a creditor who was not readily ascertainable at the time of first
publication of the notice to creditors, the personal representative shall immediately mail a copy of the
notice to the creditor.
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