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Petition To Set Aside Estate Without Administration In Clark
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State:
Multi-State
County:
Clark
Control #:
US-000297
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FAQ
If there is no named executor, a person, usually a friend, family member or another interested party, may come forward and petition the court to become the administrator of the estate by obtaining letters of administration.
Trusts Can Help You Avoid Probate Most of the time, Nevada residents do this by creating revocable living trusts. This type of trust is organized and then handed over to a trustee upon the death of the person who created the trust. The trustee then has the right to distribute the property after the decedent's passing.
Petitions to Set Aside Estate Without Administration For Estates Less Than $100,000. Nevada law allows a process called the "set aside" for estates that are less than $100,000.00 in value (the sum of the decedent's assets minus his/her liabilities). (NRS 146.070.)
To open a probate proceeding and to appoint a personal representative, Nevada courts generally require: A petition to open probate. As exhibits to the petition: a certified copy of death certificate; and. a file-stamped copy of the will that has been submitted to the clerk (if the decedent died testate).
First publication must be at least 15 days before the hearing date. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient.
What is Nevada Set Aside without Administration? The Nevada Set Aside is a shortened process that eliminates the need to go through a formal probate procedure. There is no need for the court to appoint a legal personal representative for the estate and you do not need to go through multiple court hearings.
In Nevada, there is no time limit or “statute of limitations” for when to file for probate. But bad things can happen if you wait too long. Timely filing for probate protects the deceased person's assets and prevents someone with little connection to the deceased from opening probate first.