Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate is a commonly used form within Nevada. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate:

• This form pertains to the State of Nevada

• The current version of this form was last revised on May 5, 2017

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Nevada’s Form Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Nevada form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Nevada probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate, take a break, and then review. Probate and estate settlement processes in NV are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Nevada Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Nevada.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Nevada can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Nevada. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Nevada is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Nevada probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Nevada probate clerk or court for exact answers regarding Form Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate is one of the many probate court forms available for download through Atticus.

It may also be available through some Nevada probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Nevada.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Nevada probate court office.

Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Nevada-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Nevada Form Instructions For Petition To Prove Will And Set Aside Estate Without Administration - Testate. You can use this to get an idea of the context of the form and what type of information is needed.

This document has been prepared as a courtesy and to assist you with completing your court filing. It is not to be construed as providing legal advice or representation on how to prepare your case. Page 1 of 5 Rev. 1, 5/5/17 © Civil Law Self-Help Center INSTRUCTIONS FOR PETITION TO PROVE WILL AND SET ASIDE ESTATE WITHOUT ADMINISTRATION Nevada law allows a process called the set aside for estates that are less than $100,000.00 in value (the sum of the decedent's assets minus his/her liabilities). (NRS 146.070.) The set aside process can begin 30 days after the decedent's death and requires mailed notice to the decedent's heirs, devisees, and creditors. The set aside process does require a court hearing, but generally requires fewer hearings than the probate administration processes of larger estates. In order to request that the court prove the will and set aside the estate without administration, follow these 12 steps: Step 1: Decide if this is the right process for you. If you can answer yes to the following questions, the set aside process might be the process for you: • Have at least 30 days passed since the death? • Is the gross value of the estate (the sum of the decedent's assets minus his/her liabilities) less than $100,000? • Are you entitled to the decedent's estate pursuant to the will or do you wish for the estate to be distributed the way the will says it should be distributed? Once you have determined that the set aside process is the one for you, then move on to the following steps for the set aside. Step 2: Gather information. Collect the following information and documents: 1. Specific descriptions of all the property of the decedent. This includes bank accounts, CDs, stock certificates, etc. Gather names of the institutions where property is held (i.e., bank names) and account numbers. For example, gather the year, make and model of the vehicles and their VINs (vehicle identification numbers), furniture, jewelry, and cash. For real property, gather the street address, legal description of the property, and the assessor's parcel number (APN). Legal descriptions and APNs can be found on the Clark County Assessor page (www.clarkcountynv.gov/assessor). 2. Proof of all the liens and mortgages of record at the time of decedent's death. This includes all secured debt--debt where if the payments are not made, the lender can take Instructions for Preparing & Filing for Petition to Prove Will & Set Aside w/o Administration (Cont.) This document has been prepared as a courtesy and to assist you with your court filing. It is not to be construed as providing legal advice or representation on how to prepare your case. Page 2 of 5 Rev. 1, 8/23/18 © Civil Law Self-Help Center property back. Home mortgages and car loans are the most common types of secured debt. Collect the most recent statements from the lienholders or banks. 3. An estimate of the value of the property. You can use Kelly Blue Book for car estimates and Zillow for real property. You will need to print out value estimates of the property and attach these to your petition as exhibits. 4. Proof of the known debts of the decedent. This can include credit card bills, medical bills, and any statements that show what the decedent owed. 5. The names, ages, and addresses of any heirs or devisees to the decedent's estate. This includes every person named in the will as a devisee, and any person who would have a right to the property if there was no will. If there is a surviving spouse or minor child, you will need their information. If you cannot find this information after doing your best research, you will have to explain to the judge why you do not have this information in an affidavit in Step 4. Step 3: Fill out the packet. Fill out the attached packet and complete all the forms carefully, providing all the requested information in all blanks. You, the person completing the packet, are the petitioner. Since you already collected all your information in Step 2, you will plug in a lot of that information into the petition. Do not forget to sign the petition and verification. Step 4: Fill out declaration, if necessary. Refer back to your list of family members that you compiled in Step 2. Each family member must be listed in your documents with their addresses. If you don’t have a complete name or address, an explanation for each of those family members needs to be provided in an affidavit/declaration. Also think about any creditors or interested people whose complete names or address you don’t know. An explanation for those parties will have to be provided as well. You will explain to the judge why you do not have the names or addresses of certain devisees or heirs (e.g., no one knows how to contact the decedent's son, who has been estranged for 20 years, etc.), as well as any creditors or interested parties. You can pick up a blank Affidavit/Declaration from the Civil Law Self-Help Center or get one from www.civillawselfhelpcenter.org. Step 5: Complete fee waiver, if necessary. The fee to file a Petition to Prove Will and Set Aside without Administration is generally $284.50, unless you think the value of the estate is between $2500.01 and $20,000.00, then the filing fee is $185.50. If the estate is valued at less than $2,500.00, then there is no fee to file. If you cannot afford to pay the filing fee, you can ask the court to waive that fee by filing an Application to Proceed in Forma Pauperis (usually called a fee waiver application). If the court grants your fee waiver application, the fee will be waived. However, if the fees are not waived, Instructions for Preparing & Filing for Petition to Prove Will & Set Aside w/o Administration (Cont.) This document has been prepared as a courtesy and to assist you with your court filing. It is not to be construed as providing legal advice or representation on how to prepare your case. Page 3 of 5 Rev. 1, 8/23/18 © Civil Law Self-Help Center you will receive a call from the court clerk, who will ask you to pay the filing fee if you want the petition to move forward. The Application to Proceed In Forma Pauperis, or fee waiver, is available free of charge at the Civil Law Self-Help Center, or you can print one out from www.civillawselfhelpcenter.org. Step 6: Attach documents to the packet. After the packet is completed, attach the following documents behind the appropriate Exhibit sheets: 1. The decedent's death certificate. 2. A copy of the will. 3. A copy of your picture ID. 4. Proof of the values of the estate property that you collected in Step 1. 5. Proof of the decedent's liens and mortgages that you collected in Step 1. 6. Proof of the decedent's debts that you collected in Step 1. 7. An affidavit explaining why you do not have the names, ages, or addresses for any of the devisees or heirs, if necessary (Step 4). Step 7: File packet and get hearing date. After you complete the packet and you have all the necessary attachments to it, submit everything to the Eighth Judicial District Court. The clerk's office where you can submit the packet is on the 3rd floor of the Regional Justice Center at 200 Lewis Avenue, Las Vegas, NV 89155. When you are at the clerk's office, the clerk will fill out the blanks on the page in your packet called the Notice of Hearing with the date and time of your hearing. Make sure you make a note of that hearing date and time and remember it. If you completed Step 4 because there is a family member whose name or address you don’t know, you will have to publish notice (Step 9). If you have to publish notice, ask the clerk for a later hearing date so that you will have time to publish. Step 8: Mail Notice and publish, if necessary. After your packet is filed and the clerk gives you back the Notice of Hearing with the hearing date and time, find the page of your packet titled Certificate of Service. You should have filled out those lines on the Certificate of Service with the names and addresses of the decedent's Instructions for Preparing & Filing for Petition to Prove Will & Set Aside w/o Administration (Cont.) This document has been prepared as a courtesy and to assist you with your court filing. It is not to be construed as providing legal advice or representation on how to prepare your case. Page 4 of 5 Rev. 1, 8/23/18 © Civil Law Self-Help Center heirs, devisees, and creditors in Step 3. The number of lines you have filled out in the Certificate of Service is the number of copies of the Notice of Hearing you will need to make. Make copies of the Notice of Hearing and mail to each person or entity listed on your Certificate of Service list. This includes mailing notice to the State of Nevada Department of Health & Human Services, Medicaid Estate Recovery, which is already included on the Certificate of Service. The State of Nevada Department of Health & Human Services, Medicaid Estate Recovery must be noticed of this petition whether or not you think the decedent owed anything to Medicaid or had Medicaid. If you completed Step 4 because there is a family member whose name or address you don’t know, or if there is a creditor or interested person whose name or address you don’t know, you will have to publish notice of the hearing. If you have to publish, the publication must run once a week for 3 weeks, and the last publication has to run at least 10 days before the date set for your hearing. To get the Notice of Hearing published, contact a newspaper directly. Newspapers commonly used in Clark County are Nevada Legal News (702-382-2747) and the Las Vegas Review- Journal and the Las Vegas Sun (702-383-0383). You will have to give them your Notice of Hearing. The newspaper will usually file an Affidavit of Publication once complete. If they do not, be sure to bring the affidavit to the courthouse for filing. Step 9: Check status of case. After filing your petition, you should continuously check the court docket to see if anyone has filed an objection. You can go to the Eighth Judicial Court website (https://www.clarkcountycourts.us/Anonymous/default.aspx) and search under “Family Records” by the decedent's name to see if anyone has filed an objection. If an objection gets filed, you can go to the clerk's office on the third floor of the Regional Justice Center where you filed your documents to get a copy of the objection. It will be important to review any objections before the hearing. The week of your hearing, you should also continuously check the probate court's Friday Probate Calendar List to check the status of your case and see how the court might rule if no one objects at the hearing. Go to the probate webpage (www.clarkcountycourts.us/departments/probate/) and click on the link for for The District Court Friday Probate Calendar List. Search for the decedent’s name under the column “Name of the Estate” then follow it to the Notes column. If no objections have been filed, you will see Instructions for Preparing & Filing for Petition to Prove Will & Set Aside w/o Administration (Cont.) This document has been prepared as a courtesy and to assist you with your court filing. It is not to be construed as providing legal advice or representation on how to prepare your case. Page 5 of 5 Rev. 1, 8/23/18 © Civil Law Self-Help Center the list will reflect OK, and that means the judge will hear your case and probably grant your petition if no objections appear at the hearing. St ep 10: Appear at the hearing. Your hearing will be held at the time and place listed in your Notice of Hearing. Remember to arrive early and wait patiently in the gallery of the courtroom. If no objections have been filed, then at the beginning of the hearing, you'll likely hear the probate judge call a list of names and cases in which no objections have been filed. This is called the Approved List. Listen for the name of your case, which will be called by the decedent's name, not your name. The judge will instruct all the people involved in the cases he called to pick up their orders. When the judge has finished calling the Approved list, wait in line for the clerk to hand you the order. If objections have been filed in your case, both sides will have to make their arguments before the judge. Wait for your matter to be called, then walk up to the tables in front of the judge. Step 11: File the order. If there were no objections in your case, and the clerk handed you an order, then take that order up to the third floor at the clerk's office to have it filed. Ask the clerk for certified copies of the order. If there were objections in your case, the judge might ask you or the other side to prepare the order. If you are required to prepare it, you will need to draft and prepare the order with the specifics of what the judge ordered. You can visit the Civil Law Self-Help Center or www.civillawselfhelpcenter.org for generic orders to fill out. Prepare one and submit it with the court for the judge’s signature, and after the judge signs it, you will need to file it with the court. Step 12: Take order to appropriate places. If your petition is granted, and you get the estate set aside to you, you can take that order to the places where you need property transferred over to you. For example, if the estate included a home that was set aside to you, you can take the order to the Clark County Recorder's Office to change title. You can also take the order to the banks to have them turn over bank accounts over to you. Because some financial institutions might request to see a certified copy of the order, make sure you get one from the court clerk's office at the Regional Justice Center.