A Nevada Set Aside Order Testate is a judicial order issued by a court in Nevada to invalidate or set aside a will. This order may be used when there is a dispute over the validity of a will or if a will was created under improper circumstances. There are two key types of Nevada Set Aside Order Testate: 1) An order to set aside a will under Nevada Revised Statutes (NRS) 134.080; and 2) An order to set aside a will that is a forgery or otherwise invalid under NRS 134.090. The order will invalidate the will, meaning it will no longer be considered valid or enforceable. The order may also provide for the distribution of the deceased’s estate according to the laws of intestacy.
Nevada Set Aside Order Testate
State:
Nevada
Control #:
NV-SKU-0174
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PDF
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Set Aside Order Testate
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Nevada Set Aside Procedure The procedure for obtaining a Set Aside in Nevada starts with filing a ?Petition to Set Aside Estate Without Administration? in the local probate court. This petition must include, among other things, whether the Decedent was married and/or had minor children.
A person who dies without a will has died ?intestate?, and his or her estate will be administered by a court-appointed administrator, and that person's assets pass to his or her heirs, who are those designated under state law to inherit the estate.
(NRS 146.070.) The "set aside" process can begin 30 days after the decedent's death and requires mailed notice to the decedent's heirs, devisees, and creditors. The "set aside" process does require a court hearing, but generally requires fewer hearings than the probate administration processes of larger estates.
In Nevada, if the total amount of the deceased person's assets exceeds $20,000, or if real estate is involved, probate (or administration) will be required and there is normally no reason to delay starting the process.
If a deceased Nevada resident-owned assets worth $100,000 or less at the time of death and left behind no real estate, you may be able to avoid formal probate by filing a Nevada Small Estate Affidavit.