Shortened Probate Package

STATE OF NEVADA SHORTENED PROBATE PACKAGE

Control Number – NV – ET20

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

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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.

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 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.

PETITION FOR DISTRIBUTION OF SMALL ESTATE

In Proper Person

DISTRICT COURT

COUNTY, NEVADA

In the Matter of the Estate of:

Deceased

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 , .

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 is 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.

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 , , at the hour of A.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 , .

AFFIDAVIT OF MAILING

I HEREBY CERTIFY that service of the Notice of was made this the day of , , by depositing a copy of the same in the U.S. Mails, postage prepaid, return receipt requested addressed to:

This the day of , .

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 , .

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.

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.

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.

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 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 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 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.

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.