Sales Calendar Starting in 2023, the Office of the Probate Commissioner will begin holding a separate weekly Sales Calendar at 9:15 a.m. on Friday mornings, immediately before our regular calendar, which begins at 9:45 a.m. As a result, all Petitions for Confirmation of Sale of Real Property that are filed on or after November 21, 2022, will be automatically placed on the soonest Sales Calendar available, but no earlier than 28 days from the date that the Petition is filed. “Rule 4.08 Requests” for these Petitions should no longer be made to the District Court Judge assigned to the case as th ..read more

What is a Nevada pretermitted spouse? In Nevada probate, a pretermitted spouse is a surviving spouse (Widow/Widower) whose spouse (Decedent/Testator) died with a valid will executed prior to marriage. Nevada probate law goes to great lengths to protect the rights of a surviving spouse. A pretermitted spouse is no exception. Provisions of Nevada’s probate code seek to protect a surviving spouse from the harsh result of disinheritance based on a pre-marriage will. Imagine this scenario: Bob executes a last will and testament that is valid under Nevada law in 1974. At the time Bob executes his wi ..read more

Number Date Document 1 12/2/2020 Consent and Nomination to Serve As Co-Special Administrators 2 12/2/2020 Ex Parte Application for Appointment of Special Administrator, For Issuance of Letters of Special Administration With General Powers 3 12/3/2020 Affidavit of Mailing 4 12/3/2020 Supplement to Ex Parte Application for Appointment of Special Administrator, For Issuance of Letters of Special Administration with General Powwers 5 12/3/2020 Order Granting Application for Appointment of Special Administrator, for Issuance of Letters of Special Administration with General Powers 6 ..read more

Jeffrey Epstein’s estate will likely be in litigation for many years. Sexual predator Jeffrey Epstein committed suicide this week.  At the time he committed suicide, he was worth approximately $559 million.  Since his arrest on July 6, 2019, Epstein faced criminal charges for sex trafficking minors in Florida.  However, this misconduct is not a recent development in Epstein’s life. Epstein plead guilty to several sex crimes in 2008.   It is believed that Epstein engaged in a lifetime of sexual abuse, exploitation and trafficking.  That will make resoluti ..read more

Half siblings have the same rights as full siblings in Nevada probate proceedings.  This point of law is codified in NRS 134.060: Kindred of half blood.  Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the decedent by descent or devise from an ancestor, in which case all those who are not of the blood of the ancestor are excluded from the inheritance. Half Siblings, Blended Families & Probate Blended families tend to be more prone to probate litigation and disputes.  Complex family relationships are oft ..read more

The Clark County Probate Court may issue an order for cremation of a body. From the Associated Press: The parents of a 21-year-old West Point cadet fatally injured in a skiing accident raced the clock to get a judge’s permission to retrieve his sperm for “the possibility of preserving some piece of our child that might live on. U.S. Military Academy Cadet Peter Zhu was declared brain dead Wednesday, four days after the California resident was involved in a skiing accident at West Point that fractured his spine and cut off oxygen to his brain. … The parents asked a state court j ..read more

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A person who executes a will must have testamentary capacity. Testamentary capacity is the standard to measure whether a person was of sound mind at execution of a will.  Testamentary capacity is established by proving three elements: “A testator has testamentary capacity if, at the time of making his will, he understands the nature of the act of making a will, the nature and situation of his property, and his relationship to the persons who have claims upon his bounty and will be affected by the will.” Estate of Ross, 204 Cal. App. 2d 82, 92 (Cal. App. 1962); see also In re Estate o ..read more

A document, transfer or beneficiary designation procured by undue influence is void under Nevada law.Undue Influence General Rule “In order to establish undue influence under Nevada law, ‘it must appear, either directly or by justifiable inference from the facts proved, that the influence … destroy[ed] the free agency of the testator.'” In re Estate of Bethurem, 313 P. 3d 237, 241 (2013) quoting  In re Estate of Hegarty, 46 Nev. 321, 326, 212 P. 1040, 1042 (1923). The destruction of an individual’s free will is very hard to establish in the absence of the presumption, discu ..read more

Filing a Will in Nevada is a Serious Responsibility. Every person must know filing a will in Nevada is a serious responsibility. “Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.” NRS 136.050(1).  This rule is absolute.  Any person in possession of an original will must deliver it to the Clerk of the Court within 30 days of knowledge of death.  Usually, the person in pos ..read more