Probate

Probate is a legal process for paying a deceased person's debts and distributing the rest of the deceased person's property to beneficiaries named in a will or trust, or to the legal heirs according to Nevada law. Probate is necessary to change legal title to a deceased person's assets when those assets are held in the deceased person's name alone without a designation of a beneficiary or a right of survivorship. Whether a person executed a will (or trust) before death, and the extent of the deceased person's assets will determine what type of probate procedure is necessary in any particular case. Probate and trust cases are governed by Title 12 and Title 13 of Nevada Revised Statutes.

To learn how the probate process works, read our Probate Flow Chart with a Will or Probate Flow Chart Without A Will.

1. General Administration (or Full Administration): When the Estate's assets of have a gross value of more than $300,000.00.
2. Summary Administration: When the Estate's assets have a gross value of more than $100,000.00 but less than $300,000.00. Summary Administration must be specifically requested and approved by the Court.
3. Set-Aside of Estate Without Administration: When the Estate's assets have a gross value of $100,000.00 or less (may include real property).
4. Small Estates Affidavit/Affidavit of Entitlement: When the Estate's assets have a gross value of $100,000.00 or less (spouse claimant only) AND does not include real property; or, is $25,000.00 or less (any other claimant), AND does not include real property.

Other than the basic information above, neither the Court Clerk's office nor the Probate Department can provide you with legal advice as to which process you should use (see Nevada Supreme Court Rule 44). You may research each process by reading the Nevada Revised Statutes which can be found online or in the Courthouse Law Library. Title 12, beginning at Chapter 132, pertains to Probate, and Title 13, beginning at Chapter 163, pertains to Trusts.

In addition, you may consult with an attorney or read our Court Rules online. Rule 57 of the Rules of Practice for the Second Judicial Court specifically deals with the Probate Division.

The Probate Lawyer in the Library program is held virtually, and will require participants to use either a computer or phone to attend a free 15 minute session with a licensed Nevada Probate attorney.

The Probate Law program is held every first and third Wednesday of the month. We are taking a limited number of participants each week.

Appointment requests will be accepted on a first-come, first-served basis beginning on Thursdays at 9:00 AM.

Probate Law Lawyer in the Library sign-up sheet: https://washoecourtslawlibrary.libcal.com/calendar?cid=15988

The Estate itself pays the fees and costs for the probate, with rare exceptions. However, no fees can be paid until they are reviewed and approved by the Probate Court and a hearing is held.

If you are filing a probate case in the Second Judicial District Court, please read and follow our Revised Probate Court Guidelines as well as our Rules of Practice for the Second Judicial District Court of the State of Nevada to use proper procedure for filing your case.

All of the above probate case types, except the Small Estates Affidavit/Affidavit of Entitlement, must be started by filing a Petition with the Clerk, setting it for hearing before the Probate Court, and serving it upon all interested parties. The requirements of Notice, Hearing, and Service are discussed in NRS Chapter 155, and are mandatory. In nearly all cases, the Notice of Hearing must also be served on the State of Nevada, Department of Health and Human Services. In some cases, your Notice of Hearing must be published in the newspaper.

To request a hearing date click here or use the blue button on the main Probate Page entitled "Click to Schedule a Probate Hearing." It is necessary that you follow all steps for obtaining a hearing date, and that you respond to any of the Probate Department's e-mails that you may receive.

Once your hearing date is set, you should check the Calendar on Probate Department website approximately two (2) weeks prior to your hearing date. Review the Priority Code listed next to your case to see if your matter is on the Approved list, Heard list, Deficiency Heard list, or Continued to a new date. Follow the directions provided in the Probate Court Guidelines.

The Probate calendar is designed so that, if your Petition has been approved, no Court appearance is required. You should watch for a Priority Code of "1" on the website, which means you are approved. A Priority Code of "2" or "4" means that an appearance at the hearing is required. Usually any sale or transfer of real property requires an appearance on your part, and there may be other reasons for the Court to require your attendance as well.

If your case has a Priority Code '4' (deficient) for an upcoming hearing, then your case has problems that need to be addressed. To find out what you need to do to fix your case before the hearing, click here to review the Deficiency Report. If the deficiency is not corrected, your hearing may be vacated (cancelled) or continued to a new hearing date.

In some instances, you may apply for appointment as a Special Administrator and for Letters of Special Administration (see NRS Chapter 140). This allows you to take certain actions with Court authority, but those actions and the results must be reported back to the Court in writing. Examples of actions allowed in a Special Administration include: entering property of the Decedent that you have been denied access to, discussing emergency financial matters with creditors or a mortgage company, and commencing a lawsuit on behalf of the deceased party.

Usually no hearing is required for appointment of a Special Administrator, although the Court has the discretion to request a hearing. The Court may require you to post a bond. After the specific tasks have been resolved, the Court's Order usually requires you to commence a regular probate proceeding within a number of weeks or months.

Your Petition for Appointment as Special Administrator must meet the requirements of any other Petition for Appointment; see NRS Chapters 136, 138, & 139.

If you have received a Notice of Hearing in the mail, please note that you do not have to appear at the hearing unless you wish to object or to otherwise be heard by the Court. If you have questions, the filing party's or their attorney's contact information will appear on the Notice of Hearing. The petitioner or the petitioner's attorney may be able to answer questions you have about the case.

You may file a written Objection to the Petition. You may also appear at the hearing and let the Court know that you object, at which time you will be instructed to file a written Objection within a certain time limit.

NRS 136. 050 provides: Any person having possession of a Will shall, within 30 days after knowledge of the death of the person who executed the Will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the Will.

To lodge a will in person:

1. Bring the original Will to the Court's Resource Center along with proof of the date of death.
2. Remember to make several copies of the Will to keep in your possession.
3. There is no cost to lodge a Will, at this time.
4. The Resource Center accepts cash, money order, cashier's check, and credit card with valid ID. They do not accept personal checks.

To lodge a will by mail:

1. Mail the original Will to the Court Filing Office along with a letter that includes your name, address, phone number and/or e-mail address, and the date of death of the decedent.
2. Remember to make several copies of the Will to keep in your possession.
3. There is no cost to lodge a Will, at this time.
4. By mail, the Filing Office accepts a money order or cashier's check. They do not accept personal checks.

1. Click here to search the Wills database.
2. Type the person's Last Name and First Name and click the Submit Query button.
3. Click here to get information on how to obtain a copy of a will or contact the Filing Office at (775) 328-3110.
4. You will need to provide the name of the decedent, date of death, and the date the will was lodged with the Court. This information can be found by searching the Wills database.

1. Click here to search the Court's database. (Case Inquiry Menu > Person Search)
2. Type the person's Last Name and First Name and click the Submit Query button.
3. Any cases that have been filed in the Second Judicial District Court containing the name you are searching for will appear. Look for a Case Number that begins with "PR," which is the Probate/Trust case type. Very old cases may begin with "PRCV." (Examples: PR16-00700 or PRCV87-2210)
4. To pull up Case Information, click on the Case Number that is hyperlinked in blue next to the name.
5. On the Case Information page, click on the arrows next to Event Information and Docket Entry Information to review hearing dates and a list of documents that have been electronically filed into the case record.
6. If you need copies of documents, and you do not have access through eFlex the Court's electronic filing system, you will need to make a formal written request to the Filing Office (see directions below).

For assistance with copies of case documents, click here.

Click here for all probate forms and packets.

We do not provide forms for the following case types: Set Aside, Summary Administration, and General Administration. These are complex cases that you may want to file with professional help from an attorney.

You may also choose to use another court's probate forms as a template (e.g., Eighth Judicial District Clark County Probate Forms). However, these forms need to be edited to comply with our local court rules or the case may be rejected.

• Petition for Order to Release Medical Records
• Petition for Order to Open Safe Deposit Box
• Petition for Appointment of Special Administrator
• Petition for Order of Cremation
• Petition to Extend Time to File Inventory/Accounting
• Petition for Decree of Discharge

PLEASE NOTE that in order for the Court to act on any of the above Ex Parte requests, you must also file a Request for Submission form.

Please contact the Clerk of the Court at (775) 328-3110 or review the Filing Fee Schedule.