Petition for Probate of Will and for Letters Testamentary - Nevada

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries
7. Heirs and Next of Kin Entitled to Notice
8. Nomination, Priority, and Qualification
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Hearing / Certificate of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Case No.: [____________________________________] Dept.: [____]

Hearing Date: [__/__/____] Time: [____]

Administration requested: ☐ General Administration ☐ Summary Administration (NRS 145)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Nevada [ZIP CODE]
Telephone: [________________________________]
Capacity: Executor / Personal Representative named in the Last Will of the Decedent.
Relationship to Decedent: [RELATIONSHIP]
Standing to petition: Petitioner is the executor named in the Will, an interested person qualified to petition for probate under NRS 136.070.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____]. (Jurisdictional facts — NRS 136.090(1)(a).)

b. Under NRS 136.010(1), jurisdiction exists because [the Decedent was a Nevada resident at death / part of the estate is located in Nevada: DESCRIBE PROPERTY]. Under subsection (2), venue is proper in this Nevada district court. Facts bearing on the convenience of this forum are [________________________________].

c. The character and estimated value of the property of the estate (NRS 136.090(1)(d)):

• Personal property: $[________________]
• Real property: $[________________]
• Total estimated value: $[________________]

d. Facts showing how this Court is a convenient forum to the named personal representative or trustee and to the heirs, devisees, interested persons, or beneficiaries and counsel (NRS 136.090(1)(g)): [________________________________].

e. If summary administration is requested under NRS 145.020 and 145.040, estimated encumbrances are $[________]; gross estate value less encumbrances is $[________], and the nature, character, and obligations of the estate support that request because [________________________________].

f. ☐ No prior petition for probate of the Decedent's Will has been granted in this or any other court.

5. THE WILL OFFERED FOR PROBATE

a. The Decedent executed a Last Will and Testament on [__/__/____] ☐ together with [____] codicil(s) dated [__/__/____]. The original Will was delivered to [the Clerk / the named personal representative] on [__/__/____]. Under NRS 136.050, record which delivery deadline applies to the person who possessed the Will and when that person learned of the death or appointment: [________________________________].

b. The Will was attested by the following subscribing witnesses:

c. Proof of the Will:
☐ Attesting-witness affidavits under NRS 136.160 are filed; under NRS 136.130(2), witness subpoenas need not issue on that basis.
☐ Attesting-witness affidavits are not filed; address subpoenas for witnesses residing in the county under NRS 136.130(1), testimony under NRS 136.140, or the unavailable-witness route under NRS 136.170.
☐ The Will is a holographic will, to be proved under NRS 136.190.

d. The person named as personal representative in the Will: ☐ consents to act ☐ renounces the right to letters (NRS 136.090(1)(b)).

e. ☐ No devisee named in the Will is deceased. ☐ The following devisee(s) are deceased: [______________________] (NRS 136.090(1)(f)).

6. DEVISEES AND BENEFICIARIES

The devisees named to take under the Will, with residences and the age of any minor (NRS 136.090(1)(c)):

7. HEIRS AND NEXT OF KIN ENTITLED TO NOTICE

The heirs and next of kin of the Decedent, their relationship, residences, and the age of any minor, so far as known to Petitioner (NRS 136.090(1)(c)):

☐ Surviving spouse: [NAME]

8. NOMINATION, PRIORITY, AND QUALIFICATION

a. The Will names [PETITIONER FULL LEGAL NAME] as executor / personal representative; letters are requested for this person (NRS 136.090(1)(e)).

b. If the Will is admitted to probate and Petitioner qualifies, the Court shall direct letters to the personal representative named in the Will under NRS 138.010(1).

c. Petitioner is qualified under NRS 138.020: Petitioner has reached the age of majority and ☐ has not been convicted of a felony ☐ has a felony conviction; details and grounds for a favorable court determination under NRS 138.020(1)(b) are [________________________________]. The petition states felony status as required by NRS 136.090(1)(e).

d. ☐ Petitioner is a resident of Nevada. ☐ Petitioner is a nonresident individual named as executor; confirm qualifications under NRS 138.020.

e. Before letters issue, Petitioner will take and subscribe the oath of personal representative under NRS 142.010.

9. BOND

a. Under NRS 142.020, the requirement of a bond is discretionary with the Court, whether or not a bond is expressly required or waived by the will; and under NRS 142.070, the Court may require a bond despite a will provision waiving it.

☐ The Will directs that the personal representative serve without bond; Petitioner requests appointment without bond.
☐ Petitioner requests waiver of bond and, if directed, will deposit estate assets in a blocked account with a financial institution in lieu of bond (NRS 142.020(3)).
☐ Petitioner will furnish bond in the amount fixed by the Court.

Estimated amount of bond, if required: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Set this Petition for hearing and order notice as required by NRS 136.100 and NRS 155.020;

b. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to probate;

c. Find that the Decedent died testate and that Nevada estate jurisdiction exists on the facts stated above;

d. Appoint Petitioner as Executor / Personal Representative of the estate;

e. Issue Letters Testamentary to Petitioner upon qualification and the taking of the oath (NRS 142.010);

f. Fix bond, waive bond, or authorize a blocked account, as appropriate (NRS 142.020, 142.070);

g. ☐ If the summary administration box above is checked and NRS 145.040 is satisfied, order summary administration; and

h. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the law of the State of Nevada that I have read the foregoing Petition, and that the matters stated in it are true of my own knowledge, except those stated on information and belief, and as to those, I believe them to be true.

Executed on [__/__/____] at [CITY], Nevada.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

12. NOTICE OF HEARING / CERTIFICATE OF SERVICE

Upon filing, the Clerk shall set the Petition for hearing. Petitioner shall give notice to the heirs, devisees, other named personal representatives who are not petitioning, and the Director of the Department of Human Services under NRS 136.100(2). Under NRS 155.010(1)(a), mailing or personal delivery must occur at least ten (10) days before the hearing. An electronic route requires the court system or written consent under subsection (1)(b); unknown identity or address may require the separate publication route in subsection (1)(c). Court-ordered changes and written waivers are addressed in subsections (3) and (5). File proof of notice on or before the hearing under subsection (4). The public notice under NRS 155.020(1)-(2) must be published on three dates before the hearing in the specified county newspaper or a newspaper with general circulation there; if it publishes more than once weekly, at least ten days must run from first to last publication, inclusive.

If another named personal representative does not join this Petition, also serve that person with the Petition under NRS 136.120.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Nevada State Bar No.: [________________] (if applicable)
Firm / Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

13. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicils), lodged with the Clerk (NRS 136.050)
☐ Attesting-witness affidavit under NRS 136.160, if available
☐ Certified copy of Death Certificate
☐ Notice of Hearing and proof of mailing / affidavit of publication (NRS 136.100, 155.010, 155.020)
☐ Oath of Personal Representative (NRS 142.010)
☐ Bond, request to waive bond, or proof of blocked account (NRS 142.020, 142.070)
☐ Proposed Order admitting the Will to probate and appointing the personal representative
☐ Proposed Letters Testamentary
☐ Filing fee payment

SOURCES AND REFERENCES

• NRS Chapter 136 — Probate of Wills and Petitions for Letters: https://www.leg.state.nv.us/nrs/nrs-136.html
• NRS 136.090 — Petition for probate: Requirements; effect of defect: https://www.leg.state.nv.us/NRS/NRS-136.html#NRS136Sec090
• NRS 136.070 — Persons qualified to petition for probate: https://www.leg.state.nv.us/nrs/nrs-136.html
• NRS 138.010 and 138.020 — Named executor and qualifications: https://www.leg.state.nv.us/NRS/NRS-138.html
• NRS 142.010, 142.020, 142.070 — Oath and bond of personal representative: https://www.leg.state.nv.us/nrs/nrs-142.html
• NRS 155.020 — Notice of hearing; publication: https://www.leg.state.nv.us/nrs/nrs-155.html