Fill and Sign the Shortened Probate Package Form

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 The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand.It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible.By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Nevada. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 StatutesPLEASE 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 notice 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. 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 1 Document Code __________________(Your name) __________________(Address) __________________ __________________ (Telephone) __________________In Proper Person DISTRICT COURT COUNTY, NEVADAIn 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______. 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 2 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: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. 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 3 Name Address Relationship (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 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 4 (Attach additional pages if necessary) 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 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 5 (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 __________________ 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 6 This instrument was acknowledged before me on __________________ (date) by ______________________________ (name(s) of person(s)). (Seal) Notary PublicMy Commission Expires: ____________ Type or Print Name 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 1 Document Code __________________(Your name) __________________(Address) __________________ __________________ (Telephone) __________________In Proper Person DISTRICT COURT COUNTY, NEVADAIn the Matter of the Estate of:) )Deceased)) CASE NO. ____________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 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 2 City, State, and Zip Telephone Number 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 1 Document Code __________________(Your name) __________________(Address) __________________ __________________ (Telephone) __________________In Proper Person DISTRICT COURT COUNTY, NEVADAIn 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 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 2 Printed Name Address City, State, and Zip Telephone Number 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 1 Document Code __________________(Your name) __________________(Address) __________________ __________________ (Telephone) __________________In Proper Person DISTRICT COURT COUNTY, NEVADAIn the Matter of the Estate of:) )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 1 2 3 4 5 6 7 8 9 10 1112 13 1415 16 17 18 19 20 21222324 25 2 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; and5.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 - 1 - 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, afterdeducting any encumbrances, does not exceed $100,000, and there is asurviving spouse or minor child or minor children of the decedent, theestate must not be administered upon, but the whole estate, after directingsuch 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 minorchild or minor children, or for the support of the minor child or minorchildren, if there is no surviving spouse. Even if there is a survivingspouse, the court may, after directing such payments, set aside the wholeof the estate to the minor child or minor children, if it is in their bestinterests. 2. If there is no surviving spouse or minor child of the decedent and thegross value of a decedent's estate, after deducting any encumbrances, doesnot exceed $100,000, upon good cause shown, the court shall order that theestate not be administered upon, but the whole estate be assigned and setapart in the following order: (a) To the payment of funeral expenses, expenses of last illness, moneyowed to the Department of Health and Human Services as a result of paymentof benefits for Medicaid and creditors, if there are any; and (b) Any balance remaining to the claimant or claimants entitled theretopursuant to a valid will of the decedent, and if there is no valid will,pursuant to intestate succession. - 2 - 3. Proceedings taken under this section, whether or not the decedent lefta valid will, must not begin until at least 30 days after the death of thedecedent 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 thedecedent'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 thepetitioner. (e) The names and residences of the heirs and devisees of the decedentand the age of any who is a minor and the relationship of the heirs anddevisees to the decedent, so far as known to the petitioner. 4. The clerk shall set the petition for hearing and the petitioner shallgive notice of the petition and hearing in the manner provided in NRS155.010 to the decedent's heirs and devisees and to the Director of theDepartment of Health and Human Services. If a complete copy of the petitionis not enclosed with the notice, the notice must include a statementsetting forth to whom the estate is being set aside. 5. No court or clerk's fees may be charged for the filing of any petitionin, or order of court thereon, or for any certified copy of the petition or - 3 - order in an estate not exceeding $2,500 in value. 6. If the court finds that the gross value of the estate, lessencumbrances, does not exceed the sum of $100,000, the court may directthat the estate be distributed to the father or mother of a minor heir ordevisee, with or without the filing of any bond, or to a custodian underchapter 167 of NRS, or may require that a general guardian be appointed andthat the estate be distributed to the guardian, with or without bond, as inthe discretion of the court is deemed to be in the best interests of theminor. The court may direct the manner in which the money may be used forthe 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 withoutissuance of letters of administration or probate of will; affidavit showingright to assets. 1. If a decedent leaves no real property, nor interest therein, normortgage or lien thereon, in this State, and the gross value of thedecedent's property in this State, over and above any amounts due to thedecedent for services in the Armed Forces of the United States, does notexceed $20,000, a person who has a right to succeed to the property of thedecedent pursuant to the laws of succession for a decedent who diedintestate or pursuant to the valid will of a decedent who died testate, onbehalf of all persons entitled to succeed to the property claimed, or theDirector of the Department of Health and Human Services or publicadministrator on behalf of the State or others entitled to the property,may, 40 days after the death of the decedent, without procuring letters ofadministration or awaiting the probate of the will, collect any money duethe decedent, receive the property of the decedent, and have any evidences - 4 - of interest, indebtedness or right transferred to the claimant uponfurnishing the person, representative, corporation, officer or body owingthe money, having custody of the property or acting as registrar ortransfer agent of the evidences of interest, indebtedness or right, with anaffidavit showing the right of the affiant or affiants to receive the moneyor 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 bylaw 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, exceptamounts due the decedent for services in the Armed Forces of the UnitedStates, does not exceed $20,000, and that the property does not include anyreal 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 decedentattached to the affidavit; (e) That no petition for the appointment of a personal representative ispending or has been granted in any jurisdiction; (f) That all debts of the decedent, including funeral and burialexpenses, and money owed to the Department of Health and Human Services asa result of the payment of benefits for Medicaid, have been paid orprovided for; (g) A description of the personal property and the portion claimed; (h) That the affiant has given written notice, by personal service or bycertified mail, identifying the affiant's claim and describing the propertyclaimed, to every person whose right to succeed to the decedent's propertyis equal or superior to that of the affiant, and that at least 14 days haveelapsed since the notice was served or mailed; (i) That the affiant is personally entitled, or the Department of Health - 5 - and Human Services is entitled, to full payment or delivery of the propertyclaimed or is entitled to payment or delivery on behalf of and with thewritten authority of all other successors who have an interest in theproperty; and (j) That the affiant acknowledges an understanding that filing a falseaffidavit constitutes a felony in this State. 3. If the affiant: (a) Submits an affidavit which does not meet the requirements ofsubsection 2 or which contains statements which are not entirely true, anymoney or property the affiant receives is subject to all debts of thedecedent. (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 trustfor all other successors who have an interest in the property. 4. A person who receives an affidavit containing the information requiredby subsection 2 is entitled to rely upon that information, and if theperson relies in good faith, the person is immune from civil liability foractions based on that reliance. 5. Upon receiving proof of the death of the decedent and an affidavitcontaining the information required by this section: (a) A transfer agent of any security shall change the registeredownership of the security claimed from the decedent to the person claimingto 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 newcertificate of title, ownership or registration to the person claiming tosucceed to ownership of the property. 6. If any property of the estate not exceeding $20,000 is located in astate 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 - 6 - an agent outside this State, any person qualified pursuant to theprovisions of subsection 1 to have the stocks or bonds or other propertytransferred may do so by obtaining a court order directing the transfer.The person desiring the transfer must file a petition, which may be exparte, 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 thedecedent'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 heirsand devisees. (e) A request for the court to issue an order directing the transfer ofthe stocks or bonds or other property if the court finds the gross value ofthe estate does not exceed $20,000. (f) An attached copy of the executed affidavit made pursuant tosubsection 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, thecourt 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: - 7 - (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.