Synopsis of
Nevada
Probate Law
Don W. Ashworth
Probate Commissioner
Eighth Judicial District Court
SYNOPSIS OF NEVADA PROBATE LAW
LETTER OF ENTITLEMENT
146.080 This section is only applicable to estates that do not exceed $20,000 and have no
assets consisting of real property in Nevada. At least 40 days must have passed
since date of death of the decedent to use the affidavit. See form # 1 for copy of
affidavit.
146.080 2 (b) The decedent need not be a resident of Nevada at the time of death.
146.080 (6) If assets are located in a state that requires an Order to transfer; or consists of
stock or bonds which must be transferred by a transfer agent outside this state, the
interested party can file an ex parte petition and receive from the Court an Order
directing the transfer.
SET ASIDE ESTATE WITHOUT ADMINISTRATION
146.070 This section is only applicable to estates whose net value do not exceed $75,000; but
it is applicable to both real and personal property be a Nevada resident. Net value is
computed by taking the fair market value of all probate assets of the estate and
subtracting there from all mortgages and/or liens, but not non secured debt.
146.070 (3) At least 30 days must have passed since the death of the decedent before a
petition can be filed.
Contents of Petition:
(a) A specific description of all the decedent*s property;
(b) A list of all the liens and mortgages of record as of the date of decedent*s death;
(c) An estimate of the value of the assets;
(d) A statement of the debts of the decedent so far as known to the petitioner; and
(e) The names and residences of the heirs and devisees of the decedent and the age
of anyone who is a minor and the relationship of the heirs and devisees to the
decedent, so far as known to the petitioner.
146.070 (4) Prepare a Notice which sets the hearing date and gives notice to all interested
persons and to the Nevada State Welfare Department as provided in 155.010
(10 days before the hearing.). No publication in a newspaper is required under
155.020. If petition is not mailed with the Notice then the Notice must specifically state to whom the
estate is being set aside.
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SUMMARY ADMINISTRATION
(Estates up to $200,000 if Ordered by the Court)
145.010 All regular proceedings and notices are dispensed with except:
(1) Notice of initial petition for summary administration (145 .030);
(2) Notice and Confirmation of Sale of Real Property (145.070);
(3) Notice of Final Account and Petition for Distribution and request for attorney*s
fees (Must either send copy of Petition with Notice or specify amount of
attorney*s fees in Notice) 145.075;
(4) Notice to Creditors, 145.060; and
(5) Must file an inventory. 144.010
145.020 Content of Petition for Summary Administration:
(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
anyone 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.
145.030 Notice mailed by regular mail to all interested parties as provided in NRS 155.010 (10
days before hearing). No publication is required under 155.020. File Notice and
Affidavit of Mailing with clerk*s office.
145 .040 If it appears to the Court that the gross estate does not exceed $200,000; the Court
may, if it deems advisable, enter an Order granting summary administration.
145.070 The sale of real property must be noticed and the sale must be confirmed by the Court
as required under Chapter 148 of NRS. All other sales are without Court confirmation.
145.110 If at any time after the entry of Order for summary administration, it is discovered that
the value of the gross estate as of the decedent*s death exceeded $200,000 the
Personal Representative must petition the Court to revoke the summary
administration status and order general administration and also must
publish notice to creditors for an additional 30 days if first publication was just for 60
days.
145.075 A Petition for Final Account and Distribution must be prepared and filed along with a
notice of hearing. The Notice must be mailed to all persons entitled thereto at least 10
days before hearing.
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GENERAL ADMINISTRATION
PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATiVE
FOR ESTATES OVER $200,000
(Cites in brackets are for estates administered without a will.)
136.050 The original will must be filed with the County Clerk*s office within 30 days of the
death of the Testator.
136.090 A petition for Probate of Will and Issuance of Letters must contain:
(139.090) (a) The jurisdictional facts;
(b) Whether the person named in the will as personal representative consents to act
or renounces the right to letters;
(c) The names and residences of the heirs, next of kin and devisees of the decedent,
their relationship to the decedent, and the age of those persons who is a minor,
so far as known to the petitioner;
(d) The character and estimated value of the property of the estate:
(e) The name of the person for whom letters are requested, and that the person has
never been convicted of a felony; and
(f) The name of any devisee who is deceased.
(139.010) If there is no personal representative named in the will or there is no will, the
personal representative must be a resident of the state of Nevada.
136.100 Notice can be sent by regular mail to all interested parties and to Nevada State (139.100)
Welfare Department as provided in NRS 155.010 (10 days before hearing).
File Notice and Affidavit of Mailing with clerk*s office.
155.020 Notice of the time for hearing the initial petition for probate of a Will or
administration must be published 3 times in local newspaper and there must be 10
days from first to last dates of publication. File affidavit of publication with the
Clerk*s office.
All remaining sections are applicable to both General and Summary Administration
except as specifically noted.
GENERAL PROVISIONS
132.270 All probate petitions must be verified under oath or affirmed under penalty of perjury.
142.010 Clerk*s office issues Letters to Personal Representative. Personal Representative needs
to take the oath of office before the clerk or a Notary Public.
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142.020 (1) The requirement of a bond of a Personal Representative is discretionary with the
Court. Whether a bond is expressly required by the will or not, the Court may:
(a) Require a bond if it determines a bond is desirable; or
(b) Dispense with the requirement of a bond if it determines a bond is
unnecessary.
(2) See form for proof of blocked account in NRS 142.020.
143.035 The duty of Personal Representative is to use reasonable diligence in closing the
estate. Within 6 months from the date of the Personal Representative being
appointed, if there is no estate tax return required to be filed, or 15 months if an
estate tax return is required to be filed, the Personal Representative must file a
report explaining to the Court why the estate is not closed.
143.037 Except as otherwise provided in this section all estates must be closed within 18
months of the appointment of the Personal Representative.
INVENTORY
144.010 Within 60 days of appointment, the Personal Representative must file an Inventory
with the clerk*s office; within 10 days of filing the Inventory, the Personal
Representative must mail a copy of the Inventory to all heirs or beneficiaries.
144.020 Appraisers, certified public accountants or other experts may be engaged by the
Personal representative to ascertain the fair market value of the assets of the estate as
of the decedent*s date of death. If it appears beyond a reasonable doubt that the assets
will not be liquidated to pay the estate*s debts, expenses or distributions in kind to
heirs or beneficiaries, the Personal Representative can petition to be allowed to file
a verification of value instead of an appraisal.
144.040 The Inventory shall include only the decedent*s 1/2 interest in community assets
together with all separate personal assets and only the real property located in
Nevada and a statement of the debts.
Inventory contents, see form # 2
144.090 Amended inventory of newly discovered property is to be filed within
20 days of discovery of new assets.
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NOTICE TO CREDITORS
147.040 Notice to Creditors must be published in a newspaper as required under 155.020 and
the notice must be mailed to all creditors who are readily ascertainable at the time of
the first publication. Creditor*s claims must be filed with the Clerk*s office within 60
days for a summary administration and within 90 days for a general administration of
mailing or publication whichever is applicable. Personal Representative must allow or
reject each claim within 10 days after the period for filing claims expires.
155.070 A creditor not readily ascertainable at the time of first publication but discovered
before the time expires to file claims, must be mailed a copy of the Notice to Creditors
informing the creditor he has the later of 30 days from the date of mailing or the
balance of the 60 day period or 90 day period (which ever is applicable) after first
publication to file a claim.
SALES
148.060 (1) Except as provided in NRS 148.170, 148.180 and in summary administration
under chapter 145 of NRS in reference to sales of personal property; all other sales
must be confirme4d by the Court within 30 days of the sale.
(2) Notice of all petitions for confirmation of sale must be given as provided under
155.010.
148.080 If the will of a testator directs the real property to be sold or gives authority to sell real
property, it can be sold without notice but the Personal Representative must file a
petition to have the sale confirmed by the Court as in all other cases.
148.170 Perishable and depreciating personal property can be sold and title pass without notice
of the sale or court confirmation of the sale. The Personal Representative is
responsible for the actual value of the personal property sold unless the Personal
Representative obtains an Order approving the sale before the close of the estate.
148.180 (1) Sale of Securities: If the will of a testator authorizes or the beneficiaries to
receive the securities under the will consent to the sale of securities and the
securities are sold on an established exchange, title passes without Court
confirmation.
(2) An Order confirming the sale of all other securities being sold must be obtained
from the Court. This can be done ex parte at the discretion of the Court.
148.190 Notice of all sales of personal property must be published in a local newspaper three
times over a two week period before the day of the sale except as provided in
148.080, 148.170, 148.180 and in summary administration under chapter 145 of
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NRS, or if all devisees or heirs consent in writing the sale may be confirmed by the
court without publication.
148.195 If all Devisees have consent in writing, the sale may be confirmed by the court
without an appraisal.
148.220 Notice of all sales of real property must be published in a local newspaper three times
over a two week period before the day of the sale except as provided in 148.080 or if
all devisees or heirs of the estate consent in writing, the Court may waive the
requirement of publication.
148.260 (1) No sale may be confirmed unless the Court is satisfied that the sum offered
represents the fair market value of the property sold, and the property was
appraised within 1 year before the time of sale except as provided in (2) below.
(2) If the Personal Representative is the sole devisee or heir of the estate or if all
devisees or heirs consent in writing, sale may be made without an appraisal. The
Personal Representative may rely on the assessed value of the property for
taxation in obtaining confirmation of the sale.
148.280 A certified copy of the Order confirming sale of real property must be recorded in the
office of the county recorder where the real property is located.
ATTORNEY**S FEES
150.060 All attorney*s fees must be approved by the Court. Attorneys are entitled to reasonable
compensation for their services rendered to the estate. The petition for approval of
attorney*s fees can be combined with the petition for First and Final account. The
petition must contain specific and detailed information supporting the entitlement to
compensation, including:
(a) Reference to time and hours;
(b) The nature and extent of services rendered;
(c) Claimed ordinary and extraordinary services;
(d) The complexity of the work required; and
(e) Other information considered to be relevant to a determination of entitlement.
The Notice of the hearing approving attorney*s fees must state specifically the amount
of the attorney*s fees being requested if a copy of the petition is not sent to all interested
persons with the Notice under 55.010.
150.020 Ordinary fees for a personal representative are computed on the value of the entire
Probate estate less liens and encumbrances, as follows:
(a) For the first $15,000, at the rate of 4 percent.
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(b) For the next $85,000, at the rate of 3 percent.
(c) For all above $100,000, at the rate of 2 percent.
150.030 Extraordinary fees for a Personal Representative may be made as the court deems just
and reasonable for extraordinary services such as:
1. Management, sales or mortgages or real or personal property.
2. Contested or litigated claims against the estate
3. The adjustment and payments of extensive or complicate estate taxes.
4. Litigation in regard to the property of the estate.
5. The carrying on of the decedent’s business pursuant to an order of the court.
6. Such other litigation or special services as may be necessary for the personal
representative to prosecute, defend or perform.
ACCOUNTING AND REPORT
150.080 Within 6 months of Personal Representative*s appointment, he must file a verified
account and report showing:
(1) The amount of money received and expended by him;
(2) The claims filed or presented against the estate, giving the name of each claimant,
the nature of his claim, when it became due or will become due, whether it was
allowed or rejected by him, or not yet acted upon; an
(3) All other matters necessary to show the condition of the estate. See form # 3
relating to an accounting.
150.105 Until all remaining property is distributed pursuant to a final Order, the Personal
Representative shall file with the Court annually an accounting for the estate.
150.110 A final account and report is required to be filed with the Court
150.115 A supplemental accounting must be filed subsequent to the final account detailing any
receipts and disbursements made by the Personal Representative since the filing of the
final account. This can be ex parte.
151.230 A Final Discharge Order may be obtained following the filing of the proper receipts.
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AFFIDAVIT OF ENTITLEMENT FOR ESTATES
THAT DO NOT EXCEED S20,000
NRS 146.080
(STATE OF NEVADA)
) ss:
(COUNTY OF CLARK)
__________________________________________________ being first duly sworn upon oath
says: That he/she is the person who has a right to succeed to the property of the decedent or is the sole
beneficiary under the last will and testament of the decedent, ______________________, who died in
the County of______________,State of, ___________________on the_____ day of,
____________________, being a resident of the____________, leaving an estate in the County
of_______________, State of_________, which is not real property nor a lien thereon, of a gross
value that does not exceed $20,000 consisting of the following:
______________________________________________________________________________
(Set forth whatever the asset may be: Bank account, stock certificate, insurance proceeds,
vehicle, payroll check, personal property, et cetera, and the portion claimed.)
That he/she has the right, pursuant to the provisions of NRS 146.080 to succeed to said
property of said decedent, and to have any evidences of interest, indebtedness or right transferred to
him/her by _______________________________________________________________.
(Person, representative, corporation or body having custody of such property or acting as
registrar or transfer agent of such evidence of interest.)
That at least forty days have elapsed since the date of death of decedent.
That no application or petition for the appointment of a personal representative is pending or has
been granted in any jurisdiction.
That all debts of decedent, including funeral and burial expenses, have been paid or provided for.
That no funds are owed to the Nevada State Welfare.
That affiant has given written notice, if necessary, by personal service or by certified mail, identifying
his/her 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 affiant, and that at least 14 days have elapsed
since the notice was served or mailed.
That affiant is personally 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.
That affiant acknowledges that he/she understands that filing a false affidavit constitutes a felony in
the State of Nevada.
Subscribed and sworn to before me
__________________________________this______ day of ______________,
(Signature)
______________________________
(Name, printed or typed)
_______________________ ______________________________
Notary Public in and for said (Street Address)
County and State ___________________________________
(City, State & Zip Code)
FORM 1
(STATE OF NEVADA )
(STATE OF NEVADA )
COUNTYOF CLARK ) OATH OF APPRAISER
I, the undersigned, appraiser of the Estate of the above-named Decedent, solemnly affirm that I will truly, honestly, and impartially appraise the
inventory of the Estate to the best of my knowledge and ability.
SUBSCRIBED AND AFFIRMED to before me this ________________________
______ day of _____________________ , Appraiser
_________________________________ ________________________
NOTARY PUBLIC ________________________
(Type name & address)
APPRAISAL
1, the undersigned appraiser of the Estate of the above-named Decedent, hereby certify that items______________________ of the inventory
of the Estate have been examined by me and that I appraise these items on the inventory at te value shown
_______________________($___________________)Dollars.
__________________________________________
Appraiser Date
(Repeat Oath & Certification for each Appraiser, attach separate sheets if necessary)
____________________________________________________________________________________________
STATE OF NEVADA )
COUNTY OF CLARK ) OATH OF PERSONAL REPRESENTATIVE
I, the undersigned Personal Representative of the Estate of the above-named Decedent, solemnly affirm that the foregoing inventory is a true
statement of all assets of the Estate which have come into my possession or of which I have knowledge and includes all money and claims of the
Deceased.
SUBSCRIBED AND AFFIRMED to before me this
_____ day of___________________, _________ _________________________________
Personal Representative
________________________________________
NOTARY PUBLIC
VERIFIED RECORD OF VALUE IN LIEU OF APPRAISEMENT
I, the undersigned, solemnly affirm that items _____________________ of the inventory of the Estate have been examined by me and that I
recorded the value of these items on the Inventory at the value shown opposite thereof for a total sum
of________________________________________________________________
___________($_________________________) Dollars.
____________________________
Personal Representative
STATE OF NEVADA )
COUN1YOF CLARK )
The undersigned, being duly sworn, states that he/she is the Personal Representative of the Estate of the above-named Decedent; that the
Personal Representative has read the above and foregoing record of value, knows the contents thereof, and that the same is true of his/her own
knowledge, except for those matters therein stated on information and belief, and as for those matters he/she believes them to be true.
SUBSCRIBED AND AFFIRMED to before me this
_____ day of__________________ , ________ ____________________________
Personal Representative
_______________________________________
NOTARY PUBLIC
FORM 2—A
INITIAL ACCOUNTING
INVENTORY as filed on (date of filing Inventory) $_________________
ADDITIONS:
Income received
(Schedule A) $_____________
Gain from sale of assets
(Schedule B) _____________
Refunds (Schedule C) ______________
Other Additions (Schedule D) ______________
TOTAL ADDITIONS ______________
TOTAL CHARGEABLE ASSETS ___________________
DEDUCTIONS:
Expenses paid (Schedule E) $
Losses from sale of assets
(Schedule F)
Other Deductions (Schedule G)
TOTAL DEDUCTIONS _________
TOTAL ASSETS ON HAND (as of__________) $___________________
RECAP OF ACCOUNTING (as of __________)
Cash in Banks (Schedule H) ____________________
Notes Receivable (Schedule I) ____________________
Shares of Stock (Schedule J) ____________________
Real Property (Schedule K) ____________________
Vehicles (Schedule L) ____________________
Other Assets (Schedule M) ____________________
RECAP TOTAL ASSETS as of______________ $___________________
FORM 3
