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Petition, Hearing And Order To Set Aside The Estate Without Administration - Intestate ($75,000 Or Less) With Instructions Form. This is a Nevada form and can be use in Clark County.
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Tags: Petition, Hearing And Order To Set Aside The Estate Without Administration - Intestate ($75, 000 Or Less) With Instructions, Nevada County, Clark
CLARK COUNTY CIVIL LAW RESOURCE CENTER
INSTRUCTIONS FOR PREPARING THE
PETITION TO SET ASIDE THE ESTATE WITHOUT ADMINISTRATION: INTESTATE
($75,000 OR LESS)
THIS PACKET CONTAINS
INSTRUCTIONS AND SAMPLE FORMS ALONG WITH THE FOLLOWING BLANK
DOCUMENTS
1.
Civil Cover Sheet
2.
Petition to Set Aside the Estate without Administration: Intestate
($75,000 or Less)
3.
Verification and Acknowledgement
4.
Notice of Hearing to Set Aside the Estate without Administration
5.
Certificate of Mailing
6.
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 ADDITIONAL 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.”
USE ONLY THE MOST RECENT VERSION OF THESE FORMS.
© Clark County Civil Law Resource Center
Probate and Administration of Estates
-1-
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INSTRUCTIONS TO SET ASIDE THE ESTATE WITHOUT ADMINISTRATION:
INTESTATE ($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: HTTP://accessclarkcounty.com/clerkhome/htm or at the County
Clerk’s Office located on the third 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.
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-2-
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PETITION TO SET ASIDE THE ESTATE WITHOUT ADMINISTRATION:
INTESTATE ($75,000 OR LESS)
You may use this form packet if the decedent did not leave 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 estate 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 sur viving 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 to
the decedent’s rightful heirs.
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.
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, 8 ½ 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.
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 where indicated.
Petition
The petition is a formal request for the court to 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, telephone
number and the words “IN PROPER PERSON.”
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-3-
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The case caption — the part of the document that begins with “In the Matter of the
Estate of” — must appear exactly as shown on the blank document provided in this
packet. Print or type the decedent’s name in the space provided following the words “In
the Matter of the Estate of” on the line provided. The Clerk’s Office will provide a case
number, and schedule the date and time of the hearing, when the petition is filed.
The petitioner’s name is placed on the first line following the spaces for the date and
time. Insert the decedent’s name in the space provided.
Complete statement #1 by giving the date, and the location (city, county and state) of
the decedent at time of death. The city, county and state of residence of the decedent is
also required. You must attach a certified copy of the decedent’s death certificate
marked as “Exhibit A” to the petition.
No additional information is required for statement #2.
Statement #3 requires you to identify the type of property (real and/or personal) in the
estate. A full description of all the decedent’s property, including the estimated value of
the property, must be given. If the decedent’s estate contains real property you must
give the full legal description of the property. You must submit proof of the property’s
current value.
If there is not enough room for you to complete this information in the spaces provided
attach a property list marked as “Exhibit B” to the petition. A sample property list is
shown below:
Property Description
Net Value
Mortgage/Liens
Land and building, 10101 Main Street, Lot (3) in
block 14 of Cactus Estates, Anytown, NV
(Appraised value $125,000)
$25,000
$100,000 mortgage
Ford pickup truck, VIN 57483929385765
$4,000
F.M. Title Co. ($1,500 lien not
included in net value.)
ABC Bank account #xxxx12345*
$688.72
None
25 shares XYZ stock (EZ Exchange account
#P23Y984F) @ $5.00 share
$125.00
None
State & City Works check #573000224
$379.34
None
Acme Life Insurance check #97531
$5,000
None
Total Estate Value
$35,193.06
None
* Limit personal identifying information to the last five digits of the number. Remember to block- out references to social security
numbers, bank accounts or other personal identifying information before attaching medical, financial or other records as exhibits.
** Include the value of life insurance policies only if there is no named beneficiary or if the beneficiary died before the policyholder
Insurance policies pass outside the probate estate when there is a named beneficiary to claim the proceeds of the policy.
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Statement #4 requires you to list all liens and mortgages of record at the date of the
decedent’s death. You must submit proof of the current amount of any mortgage or lien.
To complete Statement #5 you must give an estimated value of the decedent’s total
estate.
Statement #6 requires you to list any known debts of the decedent. If necessary, you
may also attach a list showing the decedent’s debts, including the name of the creditor
and the amount owed, marked as “Exhibit C” to the petition.
Statement #7 requires you to list the names, age of any minors, relationship to
decedent, and residence of the devisees, heirs, legatees and next of kin of the
decedent.
The last section of the petition, the portion of the document following the words:
“WHEREFORE, Petitioner prays:” tells the court what you are requesting. Insert the
name of the person or persons for whom the estate is to be set aside without
administration in the space provided.
Sign the petition and print or type your name on the line at the bottom of the document.
A sample petition is provided.
Your petition must be verified and acknowledged. A verification and acknowledgement
form is included in this packet. Insert your name on the first line of the form. You must
sign and date the form in the presence of a notary public.
Notice of Hearing
The Notice of Hearing gives the date and time of the hearing on the petition. The upper
left-hand portion of the notice must contain the document code (ccl6) followed by your
printed or typed name, complete address, telephone number and the words “IN
PROPER PERSON.”
The case caption — the part of the document that begins with “In the Matter of the
Estate of” — must appear exactly as shown on the notice provided in this packet. Print
or type the decedent’s name in the space provided following the words “In the Matter
of the Estate of” on the line provided. The Clerk’s Office wilt assign a case number
(the same number assigned to the petition), hearing date and time when the document
is filed.
To complete the notice provided in this packet you must insert the name of the
petitioner, the name of the person or persons for whom the estate is to be set aside
without administration, the date and time of the hearing on the petition and the name,
address and telephone number of the petitioner in the spaces provided. You must date
and sign the notice and print or type your name in the space provided on the bottom of
the document. A sample notice is included in this packet.
© Clark County Civil Law Resource Center
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You must give notice of the petition to all interested persons who are entitled to notice,
as provided in NRS 155.010. Interested persons include those whose right to succeed
to the decedent’s property is equal or superior to that of the petitioner. You must also
give notice to the Nevada State Department of Human Resources at the address below:
State of Nevada Department of Human Resources
Division of Health Care Financing & Policy
1100 East Williams Street, Suite #101
Carson City, Nevada 89701
Notice may be given by ordinary first-class mail, addressed to the person being notified,
at least ten (10) days prior to the date of the hearing.
Certificate of Mailing
You must complete a Certificate of Mailing for each notification t at you make. The
h
original Certificate of Mailing is filed with the Clerk’s Office after the notification is made.
The upper left-hand portion of the certificate must contain the document code (CERT)
followed by your printed or typed na me, complete address, telephone number and the
words “IN PROPER PERSON.”
The case caption — the part of the document that begins with “In the Matter of the
Estate of” — must appear exactly as shown on the certificate provided in this packet.
Print or write the decedent’s name in the space provided following the words “In the
Matter of the Estate of” on the line provided. Insert the case number assigned by the
Clerk’s Office on the document.
Insert the name and complete mailing address of the person or organization that will
receive the notice in the space provided, Indicate the type of mail service used and the
date mailed. You must sign the document and print your name on the lines provided
following the words “SUBMITTED BY.”
Mail the Notice of Hearing and Petition to Set Aside the Estate without Administration to
the person or organization at the address shown on the Certificate of Mailing. A sample
certificate is provided.
Order
The order is the document that puts the judge’s decision into writing. You are
responsible for preparing the court order for the judge’s signature. The upper left-hand
portion of the order must contain the document code (ORDR) followed by your printed
or typed name, complete address, telephone number and the words “IN PROPER
PERSON.”
The case caption — the part of the document that begins with “In the Matter of the
Estate of” — must appear exactly as shown on the document provided in this packet.
Print or type the decedent’s name in the space provided following the words “In the
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Matter of the Estate of” on the line provided. The Clerk’s Office will provide a case
number (the same number assigned to the petition).
To complete the order provided in this packet you must insert the decedent’s name, the
name of the person or persons for whom the estate is to be set aside without
administration, a specific description of the property in the estate and the name of the
person or persons who are to take legal title to the property in the spaces provided. You
must sign the order and print or type your name in the space provided at the bottom of
the document. A sample order is provided.
Submitting Your Documents to the Court
Once you have prepared the petition, hearing notice and order you must attach a copy
of the signed, notarized verification and acknowledgement and certified death certificate
to the petition. You will need three copies the order, hearing notice and petition with
attachments — one original and two copies. You must two-hole punch and identify the
originals as described above. Do not print “ORIGINAL” on any of the copies.
You wilt also need the Civil Cover Sheet included in this packet. To complete the cover
sheet, type or print your name, address and telephone number in the space provided in
Section I — Party Information. The “SET ASIDE” box in Section II has been checked to
indicate the nature of the filing. After the form is signed and dated it is ready for filing.
Only one copy of the Civil Cover Sheet is required.
Take the completed notice of hearing and petition with attachments to the Clerk’s Office
located on the third floor of the Regional Justice Center. A filing fee may be required.
You may pay in cash, by check or money order. You will need personal identification if
you are paying by check.
When you arrive at the Clerk’s Office, stand in-Line behind the sign until you are called.
Do not go to the “Master Calendar” window. At the filing counter, the Clerk will assign a
case number. The clerk will then direct you to the Master Calendar window to obtain a
court date. (If you are not directed, ask the clerk where you should go to obtain a
hearing date.)
The Clerk at the Master Calendar window will keep the original and one copy of each
document. The clerk will stamp and return one copy to you. This is called your “filestamped” copy.
You wilt need to make additional copies of the file -stamped copy of each document the
Clerk returned to you. You will use these additional copies to make the required
notifications. (Remember to complete a Certificate of Mailing using the case number
assigned to the petition for each notification you make and to file the original certificate
with the Clerk’s Office.)
Write the case number assigned to the petition on all copies of the order. Take the
original order and copies to the Probate office located on the fifth floor of the Regional
Justice Center.
© Clark County Civil Law Resource Center
Probate and Administration of Estates
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You should attend the court hearing in case there is an objection to your petition during
the hearing. If there are no objections and all statutory requirements are met, you may
pick up your order after the hearing.
After you pick up your signed order, you will need to file the document with the Clerk’s
Office. To avoid making an additional trip to the Clerk’s Office, you may bring two copies
of the unsigned Order to Set Aside the Estate without Administration when you go to the
Clerk’s Office to file the signed Order to Set Aside the Estate without Administration.
The clerk will keep the original signed order and use the judge’s signature stamp to
“sign” your file-stamped copies of the order. You should request a certified copy of the
order from the Clerk’s Office to send to the property transfer agent(s).
Notifying the Transfer Agent of the Order
You must notify the transfer agent that the court has issued an Order to Set Aside the
Estate without Administration. You may do this by delivering a certified copy of the
signed court order. If the estate contained real property you must file a certified copy of
the order with the County Recorder’s office.
© Clark County Civil Law Resource Center
Probate and Administration of Estates
-8-
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This form CANNOT be filled out
online.
CIVIL COVER SHEET
County, Nevada
Case No.
(Assigned by Clerk’s Office)
I. Party Information
Plaintiff(s) (name/address/phone):
Defendant(s) (name/address/phone):
N/A
Attorney (name/address/phone):
Attorney (name/address/phone):
IN PROPER PERSON
N/A
II. Nature of Controversy (Please check applicable bold category and
Arbitration Requested
applicable subcategory, if appropriate)
Civil Cases
Real Property
Landlord/Tenant
Unlawful Detainer
Title to Property
Foreclosure
Liens
Quiet Title
Specific Performance
Torts
Negligence
Product Liability
Product Liability/Motor Vehicle
Other Torts/Product Liability
Negligence – Auto
Negligence – Medical/Dental
Negligence – Premises Liability
(Slip/Fall)
Negligence – Other
Employment Torts (Wrongful termination)
Other Torts
Anti-trust
Fraud/Misrepresentation
Insurance
Legal Tort
Unfair Competition
Condemnation/Eminent Domain
Other Real Property
Partition
Planning/Zoning
Probate
Other Civil Filing Types
Summary Administration
Construction Defect
General Administration
Chapter 40
General
Breach of Contract
Building & Construction
Insurance Carrier
Commercial Instrument
Other Contracts/Acct/Judgment
Collection of Actions
Employment Contract
Guarantee
Sale Contract
Uniform Commercial Code
Special Administration
Set Aside Estates
Trust/Conservatorships
Individual Trustee
Corporate Trustee
Other Probate
Intentional Misconduct
Torts/Defamation (Libel/Slander)
Interfere with Contract Rights
Appeal from Lower Court (also check
Civil Petition for Judicial Review
Other Administrative Law
Department of Motor Vehicles
Worker’s Compensation Appeal
applicable civil case box)
Transfer from Justice Court
Justice Court Civil Appeal
Civil Writ
Other Special Proceeding
Other Civil Filing
Compromise of Minor’s Claim
Conversion of Property
Damage to Property
Employment Security
Enforcement of Judgment
Foreign Judgment – Civil
Other Personal Property
Recovery of Property
Stockholder Suit
Other Civil Matters
III. Business Court Requested (Please check applicable category; for Clark or Washoe Counties only.)
NRS Chapters 78-88
Commodities (NRS 90)
Securities (NRS 90)
Date
Nevada AOC – Planning and Analysis Division
Investments (NRS 104 Art. 8)
Deceptive Trade Practices (NRS 598)
Trademarks (NRS 600A)
Enhanced Case Mgmt/Business
Other Business Court Matters
Signature of initiating party or representative
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Form PA 201
Rev. 2.3E
The following forms can be
filled out online.
1
2
3
PET
Name
Address
4
City, State, Zip Code
5
Telephone number
6
IN PROPER PERSON
7
DISTRICT COURT
8
CLARK COUNTY, NEVADA
9
In the Matter of the Estate of
10
11
__________
__,
Deceased.
12
13
)
)
)
)
)
)
)
Case No.: P_______________
Probate Department
14
PETITION TO SET ASIDE ESTATE WITHOUT ADMINISTRATION
15
DATE:
TIME:
16
17
, Petitioner, appearing in Proper Person, hereby petitions the
18
19
20
21
22
Court for an Order setting aside the Estate of
without admi nistration.
, Deceased,
In support of this Petition, Petitioner respectfully states the
following:
1.
County of
Decedent died on
, 20
, State of
in
,
. A certified copy of Decedent’s
23
certificate of death is attached hereto in Exhibit “A” and by reference made a part
24
hereof.
25
26
2.
There is no record of a Last Will and Testament and therefore Petitioner
believes the Decedent died intestate.
27
28
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Probate and Administration of Estates
1
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1
3.
The Decedent left an estate in Clark County, Nevada consisting of
property of a value less than $75,000, consisting of the following:
2
3
Type of Property
Estimated Value
4
5
6
7
8
9
10
11
12
4.
At the date of Decedent’s death there were liens and mortgages on the
property as follows:
5.
The estimated value of Decedent’s property (estimated gross value less
liens and mortgages but not non-secured debt) is:
$
6.
The debts of Decedent, so far as known to Petitioner are:
7.
The names, relationships, ages of minors and, residence addresses of the
13
14
15
16
17
18
devisees, legatees, heirs and next-of-kin of Decedent, so far as known to Petitioner are:
Name
Relationship
Address
19
20
21
22
23
24
25
26
27
28
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Probate and Administration of Estates
2
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1
WHEREFORE, Petitioner prays:
2
1.
That the Will be proved as the Last Will of the decedent.
3
2.
If this Court finds that the gross value of the Estate of Decedent does not
4
5
exceed $75,000, the Court enter its Order directing that the Decedent’s estate be set
aside in its entirety to
pursuant to the Last Will
and Testament of the Decedent, and N.R.S. 146.070; and
6
3.
All other necessary and proper orders be made in the premises.
7
8
Submitted by:
9
Signature
10
Print Name
IN PROPER PERSON
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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Probate and Administration of Estates
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VERIFICATION
1
2
3
STATE OF NEVADA
)
) ss,
)
COUNTY OF CLARK
4
5
6
, being first duly sworn, declares under penalty of
perjury as follows:
7
I am the Petitioner in the above -entitled action. I have read the foregoing Petition
8
to Set Aside the Estate without Administration, and know the contents thereof. The
9
Petition is true of my own knowledge except as to those matters that are stated on
10
11
information and belief, and as to those matters, I believe them to be true.
DATED this
day of
, 20
.
12
13
(SIGNATURE)
14
15
Subscribed and sworn to before me
This
day
, 20
.
16
17
18
NOTARY PUBLIC
19
ACKNOWLEDGEMENT
20
21
22
23
24
25
On this
day of
, 20
, before me, the
undersigned Notary Public in and for said county and state, personally appeared
known to me or proved to be, the person described in and
who acknowledged to me that
executed the foregoing
instrument, and who acknowledges to me that
executed
the same freely and voluntarily and for the uses and purposes mentioned therein.
26
27
28
NOTARY PUBLIC
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Probate and Administration of Estates
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1
180
2
Name
3
Address
4
City, State, Zip Code
5
6
Telephone number
IN PROPER PERSON
7
DISTRICT COURT
8
CLARK COUNTY, NEVADA
9
10
In the Matter of the Estate of
__________
11
Deceased.
12
13
14
)
)
)
)
)
)
)
Case No.: P__ __________
Probate Department
NOTICE OF HEARING TO SET ASIDE ESTATE WITHOUT ADMINISTRATION
15
16
PLEASE TAKE NOTICE that
filed with the Court
17
a Petition to Set Aside the Estate without Administration to
18
in the Estate of the above-named Decedent; that a hearing on the Petition has been set
19
for the
20
the Probate Court, which is located at the Clark County Courthouse, 200 Lewis Avenue,
21
22
day of
, 20
, at the hour of
. in
Las Vegas, Nevada, 89101. Further details concerning this Petition can be obtained by
reviewing the court file at the Office of the County Clerk, Regional Justice Center, or by
contacting the Petitioner(s) whose name, address, and telephone number is:
23
24
25
DATED this
day of
, 20
26
.
By:
(Signature)
27
IN PROPER PERSON
28
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Probate and Administration of Estates
1
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1
ORDR
2
Name
3
Address
4
City, State, Zip Code
5
6
Telephone number
IN PROPER PERSON
7
DISTRICT COURT
8
CLARK COUNTY, NEVADA
9
10
11
In the Matter of the Estate of
__________
Deceased.
12
13
14
)
)
)
)
)
)
)
Case No.: P___
____
Probate Department
ORDER TO SET ASIDE THE ESTATE WITHOUT ADMINISTRATION
15
DATE:
16
TIME:
17
It appearing to the satisfaction of the Court that a verified Petition to Set Estate of
18
the above -named Decedent without Administration has been filed, and that notice of the
19
time and place of the hearing thereon has been duly given in the manner prescribed by
20
law, and that no one has objected or presented any reason why said Petition should not
21
22
be granted:
The Court finds that the gross value of the Nevada Estate of the Decedent does
not exceed seventy-five thousand dollars ($75,000) and that this is a proper case for the
23
24
25
whole of the Estate to be set-aside, pursuant to NRS 146.070 (1). Accordingly it is
hereby
ORDERED, ADJUDICATED AND DECREED that the whole of the Nevada
26
Estate of said
27
and set aside to
, deceased and the same is hereby assigned
as follows:
28
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Probate and Administration of Estates
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1
2
3
IT IS HEREBY ORDERED, ADJUDICATED, AND DECREED by the Court that
4
5
this Order shall be used as the document transferring the title to said property to
.
6
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Dated this
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day of
, 20
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District Court Judge
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Submitted by:
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SIGNATURE
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PRINT NAME
IN PROPER PERSON
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© Clark County Civil Law Resource Center
Probate and Administration of Estates
2
ALL RIGHTS RESERVED
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