PROBATE COURT GUIDELINES
Effective July 1, 1999
(Revised September 2008)
All uncontested probate and trust matters will be heard by the Probate Commissioner. All hearings will take place in the Probate Court located at the Courthouse on 75 Court Street, Reno, Nevada, on Thursdays at 8:30 a.m. (Note: Beginning November 1, 2012 -- hearings will start at 8:15 a.m.) If a legal holiday falls on a Thursday the probate calendar will be heard at such time as set by Probate Judge or Probate Commissioner. Guardianships are not heard by the Probate Court. They will continue to be heard in Family Court. All guardianships remaining in General Jurisdiction departments have been transferred to Family Division Court and will be set and heard there as usual.
All probate and trust matters will be placed on either the “approved” list or the “heard” list. Attorneys and parties for matters on the approved list need not be present for the hearing. All matters placed on the heard list will continue to be heard by the Probate Commissioner. Sales of real property (and Petition for Instructions) must always be heard.
Please refer to Rule 10 and Rule 57 of the Rules of Practice for the Second Judicial District Court (WDCR).
- All filed papers must use the “PR” designation for probate court in the place of the department number. All new cases filed will be given a new case number and assigned to Probate Court. All cases currently on file will continue to have the same case number and department number, but all papers filed in that case will need to reflect the department number as “PR”. Example:
- All petitions must be verified and have the appropriate code for the type of document filed. Example: Petition for Probate of Will and for Issuances of Letters Testamentary use code $3575 (a $ in front of any code indicates a filing fee is required).
- Choosing a hearing date: The Probate Commissioner’s calendar is posted on the Second Judicial District Court’s web site www.washoecourts.com. (Select the pull down menu for Departments and select Probate). Hearing dates must be reserved using the calendaring function. Do not prepare and send your Notice of Hearing to the required parties until you have received a confirmation of your reserved hearing date.
- Effective November 1, 2008 it will no longer be necessary to deliver a courtesy copy of your Notice of Hearing to the Probate Commissioner’s Office. It is suggested that you check the website, immediately after you receive the confirmation email from the Court, to insure that your matter is properly set on the Probate Commissioner’s Calendar.
- All proposed orders, together with any copies to be conformed, for matters to be heard on the Probate Commissioner’s calendar must be delivered no later than three days after you file your petition or other moving paper. If the order is not received, the matter scheduled for hearing will be continued from the bench to a later date selected by the Commissioner.
- File your proofs of service immediately after you complete service. Proofs of service must be filed with the Filing Office no later than 12:00 noon Friday two weeks before your hearing date. If the proofs of service are not filed, the matter scheduled for hearing will be continued from the bench to a later date selected by the Probate Commissioner.
- Deficiencies will be posted on the Probate page of the website at www.washoecourts.com . Deficiencies will include a deadline. If deficiencies are not cured by the deadline given, the matter scheduled for hearing will be continued from the bench to a later date selected by the Probate Commissioner.
- At the commencement of the calendar, the Probate Commissioner will have all of the files on calendar and will call the approved list and will inquire if there are any objections. The Probate Commissioner will thereafter hear the heard list.
- Once the Probate Commissioner and the Probate Judge sign the order, the attorney can pick the order up in the Probate Commissioner’s office reception area in the alphabetical boxes.
- Contested matters. If a party appears to object to any matter on the “approved list,” the matter will be continued, depending on the nature of the objection, to allow the objector to file a written objection. The Probate Commissioner’s office will notify counsel for the petitioner of the objection and continuance if he or she was not present. If nothing is on file by the continued date, the original request may be granted at the continued hearing. In all matters in which an objection/contest is filed, the parties are required to set a settlement conference with the Probate Commissioner and contested hearing date with the Probate Judge or Alternate Probate Judge such that the matter can be heard within 90 days. (Administrative Order 08-06) Confidential settlement conference statements must be provided to the Probate Commissioner’s Office by noon of the fourth working date. If settlement statements are not received the Probate Commissioner may vacate the settlement conference. Statements shall be limited to five pages, exclusive of exhibits.
- Place a signature line for the Probate Commissioner in addition to the signature line for the Probate Judge on all orders. Orders must have text on the signature page, not just the signature lines. If real property is being transferred, the legal description, assessor’s parcel . number (APN) and street address must be included. Likewise, if vehicles are being transferred, the Order must contain the vehicle identification numbers (VIN). See WDCR 57.8.
- Inventories must contain all assets of the decedent as of the date of death. They must also identify the property as either community or separate. Also, list known debts. Total each section (real property, personal property, cash assets, automobiles, etc.) and show a recapitulation with a totaled column of all sections. Inventories must be mailed to all interested parties and an affidavit of mailing filed with the Court. The Inventory or Record of Value are due 60 days after appointment of the personal representative. NRS 144.010.
- Accountings must be detailed and itemized, i.e. show each receipt with the date, payor, description and amount. Show each disbursement with the date, payee, description and amount. Total all columns in each section. A recapitulation must be included showing the assets as of the date of death (as shown on the inventory), plus receipts, less disbursements and assets to distribute (itemized). You may attach a photocopy of a check register or bank statement as support for your accounting, but the above information must be typed and attached to your petition for approval of accounting.
- Attorneys’ fees request must be supported by a detailed and itemized billing, i.e., the date of service, a description of the service, the time charged and the hourly rate. Costs must be itemized and all columns totaled.
- All creditor claims filed must be listed in the petition for approval of an accounting, including the date filed, the name of the creditor, the amount and the disposition of the claim (approved, paid, or rejected) .
- You can review the court-approved instructions to Personal Representatives on our website at www.washoecourts.com. Personal Representatives should be given a copy of the Instructions and, if he or she executes it, it should be filed after the letters are issued by the Clerk of Court.
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