I don’t know anything about probate, where do I start?
The Civil Law Self-Help Center provides an excellent introduction to probate, the different types of probate, and the process for starting and administering a probate estate on their website. We also encourage you to speak with an attorney that practices in estate planning and probate or contact the Clark County Law Library for assistance.
Do you have a list of probate attorneys you recommend?
We cannot provide recommendations for specific attorneys; however, the Nevada State Bar offers a free, online Lawyer Referral Service, which is also available by telephone at 702-382-0504 or toll-free at 800-789-5747.
If I hire an attorney, who pays the attorney’s fees?
That is an excellent question for the attorney! You can read about attorney’s fees in probate cases in Chapter 150 of the Nevada Revised Statutes.
If I can’t afford an attorney, how can I get free or affordable legal advice about probate?
The Probate Commissioner’s office cannot provide you with legal assistance or advice, but there are resources available. Legal Aid Center of Southern Nevada hosts a probate and estates-related Ask-A-Lawyer event every second Tuesday of the month. Learn more and sign up at https://www.lacsn.org/what-we-do/ask-a-lawyer. We also recommend that you contact the Civil Law Self-Help Center or the Clark County Law Library for assistance.
Who can act for the interest of the Decedent’s estate?
Only someone that has been appointed as a personal representative of an estate has authority to act on behalf of the estate. If the decedent gave you power-of-attorney before their death, that power is no longer effective.
How do I become the personal representative and what are their responsibilities?
The Probate Commissioner’s office cannot provide you with legal assistance or advice. You can get a good overview of the probate process by visiting the Civil Law Self-Help Center and by reviewing Title 12 of the Nevada Revised Statutes (scroll down to Chapters 132 through 156). If you still have questions, we recommend that you speak with a lawyer that specializes in estate planning and probate, or that you visit the Clark County Law Library.
Do I have to open a probate case with Clark County?
The Probate Commissioner’s office cannot instruct you as to whether your matter will require probate or where probate should be opened. We recommend that you speak with an attorney that practices in estate planning and probate, or that you contact the Civil Law Self-Help Center or Clark County Law Library for forms and information regarding the probate process.
How can I find whether a probate case has already been opened?
All probate cases are matters of public record. You can search online by the decedent’s name at the Eighth Judicial District Court Portal, or you can contact the District Court Clerk’s Office here:
Regional Justice Center
200 Lewis Ave, 3rd Floor
Las Vegas, Nevada 89155
Telephone: 702-671-0501
What is the case number?
All probate case numbers are in the form P-YY-XXXXXX-E (for estates) or P-YY-XXXXXX-T (for trusts), where YY represents the 2-digit year the case was filed, and XXXXXX represents the assigned case number (e.g., P-23-123456-E). You can find the case number by searching by the decedent’s name at the Eighth Judicial District Court Portal or by contacting the District Court Clerk’s Office.
I am an heir of the decedent’s estate—where is my check?!
The Probate Commissioner’s office does not handle any money or distribution of estate assets. If an order has been entered for distribution, you should contact the personal representative or the attorney for the estate.
How can I request a meeting with the Probate Commissioner?
The Probate Commissioner generally does not meet with members of the public. The Commissioner’s responsibility is to review pleadings and consider evidence, and then make a recommendation to the Probate Judge as to what should or should not be done in a case. Because of the judicial nature of the position, meeting one-on-one with petitioners creates a conflict of interest.
The deceased’s name is wrong in the system, how can I correct that?
If the mistake was made by the Clerk’s office (meaning that it was correct on your petition, but was incorrectly transcribed when filed), then you can contact the District Court Clerk’s Office and ask them to make the change. If the mistake was on the original filing, then you’ll need to ask the court to make the correction by filing a motion to correct name. You can use the Motion (Generic) form available on the Civil Law Self-Help Center website (the name of the Estate should be listed as the Plaintiff, with no Defendant listed).
The deceased owned a home, how can I sell the house?
Sales of real property have to be approved by the court before the property is transferred. We strongly recommend that you hire an attorney that practices in estate planning and probate, or that you contact the Civil Law Self-Help Center or Clark County Law Library for forms and information regarding this part of the probate process.
How can I get the deceased’s medical records?
The Civil Law Self-Help Center can provide forms and information regarding this part of the probate process.
How do I get permission to get the decedent’s body cremated?
Many funeral homes provide forms and assistance for getting an order allowing cremation—you should check with the funeral home where the decedent is located. If they are unable to help, then the Civil Law Self-Help Center can provide forms and information regarding this part of the probate process.
How can I get the decedent’s remains from the facility holding them?
The Civil Law Self-Help Center can provide forms and information regarding this part of the probate process.
How do I get a list of real properties for probate?
The Probate Commissioner’s office does not publish a list of real properties on the calendar for approval of sales. You should check the legal advertisements section in the Las Vegas Review Journal or the Nevada Legal News.
I got my (order, letters, etc.)… Now what do I do?
It feels redundant, I know, but the Probate Commissioner’s office cannot provide you with legal assistance or advice. We recommend that you hire an attorney that practices in estate planning and probate, or that you contact the Civil Law Self-Help Center or Clark County Law Library for forms and information.
What if I need another order so I can do something else with the estate?
If you or someone else filed a prior petition, regardless of whether that petition was granted, you need to file a new petition in the previous case. Write the case number (P-YY-XXXXXX-E) in the case caption to the right of the case name. Do not submit your petition as a new case or you will be required to consolidate the cases before the court takes any action on your new petition.
Why do I have to consolidate my case, and how do I do it?
Under EDCR 4.30, there can only be one active probate case per decedent. If two or more petitions with different numbers have been filed with reference to the same probate or trust matter, the court will require that all of the related matters be consolidated into the case that was filed first (i.e., the case with the lowest number). You can find a Motion to Consolidate at the Civil Law Self-Help Center.
