Petition To Set Aside Estate Without Administration

CLARK COUNTY CIVIL LAW RESOURCE CENTER INSTRUCTIONS FOR PREPARING THE PETITION TO PROVE WILL AND SET ASIDE THE ESTATE WITHOUT ADMINISTRATION ($75,000 OR LESS) THIS PACKET CONTAINS INSTRUCTIONS AND SAMPLE FORMS ALONG WITH THE FOLLOWING BLANK DOCUMENTS 1. 2. 3. 4. 5. 6. Civil Cover Sheet Petition to Prove Will and Set Aside the Estate without Administration ($75,000 or Less) Affidavit of Proof Notice of Hearing to Prove Will and Set Aside the Estate without Administration Certificate of Mailing Order to Set Aside the Estate without Administration REVIEW THE CONTENTS OF THIS PACKET BEFORE FILLING OUT ANY OF THE FORMS. YOU MAY NEED TO MAKE ADD COPIES OF THE BLANK FORMS BEFORE YOU START. THE PERSON ENTITLED TO THE ESTATE MUST COMPLETE THESE FORMS. TO DETERMINE IF THIS IS THE RIGHT FORMS PACKET FOR YOUR USE, READ "PROBATE AND ADMINISTRATION OF SMALL ESTATES: A GUIDE FOR NONLAWYERS." © Clark County Civil Law Resource Center Probate and Administration of Estates -1- ALL RIGHTS RESERVED u:\CRC\probate\packet_2\ins_101805.wpd American LegalNet, Inc. www.FormsWorkflow.com INSTRUCTIONS FOR PREPARING THE PETITION TO PROVE WILL AND SET ASIDE THE ESTATE WITHOUT ADMINISTRATION ($75,000 OR LESS) IMPORTANT THIS PACKET IS IN NO WAY INTENDED TO SUBSTITUTE FOR THE ADVICE OF A PRIVATE ATTORNEY The law allows any person to represent him or herself in a legal action. However, filing an action with the court and representing yourself in the courtroom can be a complicated legal procedure and this packet does not attempt to address all the legal issues involved in bringing your matter before the court. This packet is created to help you access the legal system without the assistance of an attorney. When representing yourself, you are responsible for understanding the law that governs your case and for filing and serving the proper `legal documents. The laws and rules are set out in the Nevada Revised Statutes, The Rules of Civil Procedure, and the local rules governing the jurisdiction in which you are filing your documents. When you sign these documents and present them for filing with the court, it is assumed by the court that you have carefully read the documents, that you understand all the terms in the documents, that you agree with all the provisions in the documents, and that you are aware of all the consequences those provisions may produce. Read all the materials contained in this packet before filling in any portion of the documents. Use black ink and type or print clearly when filling out documents. The Clerk's office will not accept documents that are hard to read. For more information on document preparation read the "Document Preparation Pamphlet" on the County Clerk's web page, on-line at: WWW.CO.CLARK.NV.US or at the County Clerk's office located on the 3 floor of the Regional Justice Center, 200 Lewis Avenue, Las Vegas, Nevada. THIS INFORMATION IS PROVIDED AS A COURTESY ONLY. THE COURT, SELFHELP CENTER, NON-PROFIT ORGANIZATION OR LAW LIBRARY THAT MAY PROVIDE THIS INFORMATION SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING OF THIS MATERIAL. © Clark County Civil Law Resource Center Probate and Administration of Estates -2- ALL RIGHTS RESERVED u:\CRC\probate\packet_2\ins_101805.wpd American LegalNet, Inc. www.FormsWorkflow.com PETITION TO PROVE WILL AND SET ASIDE THE ESTATE WITHOUT ADMINISTRATION ($75,000 OR LESS). You may use this form packet if the decedent left a Last Will and Testament and the conditions for setting aside the estate are met. The set aside provisions under NRS 146.070, apply to estates with a value of $75,000 or less after deductions for encumbrances. The court may set aside an estate, after directing such payments as the court deems proper, to a surviving spouse or minor child or children, If there is no surviving spouse or minor child or children the court may set aside an estate to pay funeral expenses, expenses of the decedent's last illness, money owed to the department of human resources as a result of payment of benefits for Medicaid to the decedent and to pay the decedent's creditors. Any balance remaining after these claims are paid is distributed according to the terms of the decedent's Last Will. The court will require proof that the will you submit is the valid Last Will of the decedent. There are several ways to prove that the will is genuine. This packet provides instructions on how to "prove up" a written will by using affidavits if the will is not already self-proving. You must petition the court, schedule a hearing on the petition, and give notice as provided in NRS 155.010 of your request to have the estate set aside without administration. If the court finds that the provisions of NRS 146.070 are satisfied the judge will sign an order directing that the estate be set aside without administration. WITHIN THIRTY (30) DAYS OF THE DECEDENT'S DEATH YOU MUST FILE THE ORIGINAL LAST WILL WITH THE CLERK'S OFFICE. MAKE A COPY OF THE WILL TO FILE WITH YOUR PETITION. Preparing Your Documents All papers presented to the Clerk's office for filing must be flat, unfolded, firmly bound together at the top and on standard quality white paper, 81/2 x 11 inches in size. Papers must be two (2) hole punched at the top. You must stamp or print "ORIGINAL" on the top of the first page of each original document in the space between the punched holes. If the document contains more than one page you must staple the pages together in the upper left corner. Exhibits must clearly show the exhibit number at the bottom of the page (Example: EXHIBIT #1). You may use the blank documents provided in this packet to submit your request to the court. Simply fill in the appropriate information in the space provided, if you chose to type your own documents use the exact format shown for the blank documents. Use numbered legal pleading paper where indicated. © Clark County Civil Law Resource Center Probate and Administration of Estates -3- ALL RIGHTS RESERVED u:\CRC\probate\packet_2\ins_101805.wpd American LegalNet, Inc. www.FormsWorkflow.com Petition The petition is a formal request for the court to prove the will and issue an order directing the set aside of the estate without administration if the court finds the value of the estate does not exceed $75,000. The upper left-hand portion of the petition must contain the document code (PET) followed by your printed or typed name, complete address, tel