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. At the time of death the Decedent was a resident of [COUNTY] County, Nevada. Jurisdiction and venue of the settlement of the estate are proper in this Court under NRS 136.010 because the Decedent resided in this county at death.

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. This Court is a convenient forum to the person named as personal representative and to the heirs, devisees, and interested persons (NRS 136.090(1)(g)).

e. ☐ 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 of this Court within 30 days of the date of death as required by NRS 136.050.

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

c. Proof of the Will:
☐ The Will is self-proving — it bears a self-proving affidavit / declaration of the attesting witnesses; the attendance of the witnesses is unnecessary and the Will may be proved by their affidavits under NRS 136.130 and 136.160.
☐ The Will is not self-proving; an attesting witness will be subpoenaed and testify, or proof will be made as provided in NRS 136.140–136.170.
☐ 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. The person named as personal representative in a will that is the subject of a pending petition for probate is entitled to appointment, taking priority over the intestate-succession order of NRS 139.040; a nominee of that person has the same priority.

c. Petitioner is qualified: Petitioner is at least 18 years of age and ☐ has not been convicted of a felony ☐ has been convicted of a felony, the details of which are stated (NRS 136.090(1)(e)).

d. ☐ Petitioner is a resident of Nevada. ☐ Petitioner is a nonresident executor (no Nevada co-representative is required for an executor named in a will).

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 was a resident of this county;

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); and

g. 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 of the hearing at least ten (10) days before the hearing to the heirs, devisees, any other named personal representatives, and the Director of the Department of Human Services, by mail, personal delivery, or another method permitted by NRS 136.100 and NRS 155.010. Petitioner shall also publish the notice on three dates of publication in a newspaper published in the county or, if none exists, one having general circulation there. If that newspaper publishes more than once each week, at least 10 days must run from the first to the last publication date, inclusive. See NRS 155.020.

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)
☐ Self-proving affidavit / declaration of attesting witnesses (NRS 136.160), if applicable
☐ 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://law.justia.com/codes/nevada/chapter-136/statute-136-090/
• NRS 136.070 — Persons qualified to petition for probate: https://www.leg.state.nv.us/nrs/nrs-136.html
• NRS 139.040 — Order of priority for right to appointment; priority of nominee: https://law.justia.com/codes/nevada/chapter-139/statute-139-040/
• 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