NV · rules
NJDCR 20
Probate matters
(a) Subsections (b) and (c) of this rule govern the practice and procedure of all proceedings under Title 12 of the Nevada Revised Statutes.
(b) Subject to other direction or order of this court, neither a client, petitioner, nor counsel are required to appear for a scheduled hearing if:
(1) The petition, accounting, pleading, or other document is verified and all exhibits are attached to the filed document;
(2) A certified death certificate of the decedent whose estate is at issue is contained within the court’s record;
(3) If a bond is required, the petition or pleading sets forth with particularity the personal property of the estate together with the estimated amount of annual income from all sources;
(4) A proposed order, together with any copies to be conformed, is delivered to the Court Clerk by 12:00 p.m. on the Friday of the week before the matter is to be heard. Without a showing to the court of good cause, failure to submit a proposed order may result in a continuance of the matter;
(5) Any required affidavit of mailing (or appropriate waiver) or publication is filed by 12:00 p.m. on the Friday of the week before the matter is to be heard;
(6) There is no objection to the pleading, either through a formal filing with the court or received informally by the client, petitioner, and/or counsel. Such may be documented through a written waiver filed with the court; and
(7) Petitioner and/or counsel has notified the court in writing of the intention not to appear in person. Such notification shall include a certification that petitioner and/or counsel have not received notice of any objection to the pleading. Such notification shall include a telephone number for the court to contact petitioner and/or counsel between 1:30 p.m. and 2:00 p.m. on the date of the hearing if the court has questions, and petitioner and/or counsel shall make themselves available at such time. The court greatly disfavors any standby fees charged by counsel for being available by telephone as directed by this rule and may not grant such fees on a petition for approval of attorney fees.
(c) Subsection (b) of this rule is not applicable to the following proceedings:
(1) Any contested matter;
(2) Any confirmation of sale of real or personal property during which at least one bid for a higher sale price may be requested by or offered to the court; or
(3) Any matter where the court has notified counsel, either orally or in writing, to appear.
(d) Summary administrations and small estates. Summary estate proceedings qualifying under NRS Chapter 145 and estates to be set aside without administration pursuant to NRS Chapter 146, if supported by a verified petition or affidavit, or both, and by proof or waiver of notice and service by the parties entitled to notice, and if all other legal requirements have been met, may be determined by the court on the pleadings without the presence of counsel.
(e) Special administrators. In special administrations pursuant to NRS Chapter 140, the special administrator shall provide an accounting pursuant to NRS 140.080 within six (6) months of his or her appointment, and at least annually thereafter. The proposed order appointing a special administrator shall include the date for the initial accounting. In lieu of an accounting, the special administration may be converted into a summary administration, set aside, or probate matter by filing the appropriate petition within the same case file.
(f) Continuances. For good cause, the court may vacate or continue matters. If an objection is received during or before a scheduled hearing for which the petitioner or petitioner’s counsel is not present pursuant to subsection (b) of this rule, the court may contact the petitioner and/or counsel by telephone or continue the matter as appropriate.
(g) Instructions for personal representative. Upon the appointment of a personal representative, administrator, or person acting in a similar capacity, such person shall certify that he or she has read and understands the “Instructions for Personal Representative” form available through the Clerk of the Court. The personal representative shall file the certified “Instructions for Personal Representative” prior to issuance of the Letters Testamentary or Letters of Administration by the Court Clerk.
History
[Amended; effective June 17, 2010.]
Provenance
- Source
- leg.state.nv.us
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c7b250321b024f758e8ad9bca2c58be59b36b71544323ae0771375762ca1ce0d
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