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Setting Aside A Civil Default Judgment

Learn what to do if you’ve discovered that a “default judgment” was entered against you, which can happen even if you didn’t know you’d been sued and never appeared in court.

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Cremation

In Nevada, a funeral home or mortuary will require you to get a court order before it proceeds with a cremation of the decedent's body. In order to get that court order to take to the funeral home or mortuary, you will need to petition the court for approval to cremate the body. Title 41, Chapter 451 of the Nevada Revised Statutes governs the handling of dead bodies, and the authority required for cremation.

In order to obtain court authority to cremate the decedent's body, follow these eight steps:

Step 1: Collect information.
Step 2: Fill out the packet.
Step 3: Gather consent forms.
Step 4: Fill out affidavit.
Step 5: Attach documents to your petition.
Step 6: File packet.
Step 7: Check status of case.
Step 8: Get order.

Each of these eight steps are discussed in more detail below.

Step 1: Collect information.

First, you will need to know the name of the funeral home or mortuary that will perform the cremation.

Then, gather a list of all the persons who have equal or higher priority than you to authorize the cremation of a deceased person. Nevada law (NRS 451.024) lists the order of priority of persons who can authorize the cremation of the deceased person. The order of priority is as follows:

  1. A person designated as the person with authority to order the cremation of the human remains of the decedent in a legally valid document or in an affidavit (this is an affidavit that the decedent notarized before death that authorizes a specific person to order the cremation)
  2. The decedent's spouse
  3. The decedent's adult son or daughter
  4. The decedent's parents
  5. The decedent's adult brother or sister
  6. The decedent's grandparent
  7. The decedent's guardian at the time of death
  8. A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death

A registered domestic partner under NRS 122A.200 can also apply for the cremation of his/her domestic partner.

Find out where you are in the list above, then gather the names, ages, and addresses of all the people who are equal or higher than you on that list.

Step 2: Fill out the packet.

Click here and select the "Clark County Petition for Cremation" interview for an automated forms interview that will fill out the entire packet for you after you answer a series of questions. Once you complete the interview, it will produce all the forms mentioned in this step and Steps 3 and 4. At the end of the interview, you will have to print your forms, sign them and get them signed by other parties if necessary, and move on to Step 5.

If you prefer to fill out by hand, a packet for the Ex Parte Petition for Order of Cremation is available free of charge at the Civil Law Self-Help Center. You can also download an Ex Parte Petition for Order of Cremation on your computer by clicking one of the listed formats underneath the form's title below. This packet also includes the consent form referred to in Step 3. (Remember, you will not be filling out the consent form. Read Step 3 for more information.)

EX PARTE PETITION FOR ORDER OF CREMATION
PDF FILLABLE

You can also download a form completion guide to show you how to fill out the form by clicking on the link below:
GUIDE

For information about how to fill out and file court forms, read Basics of Court Forms and Filings.

Complete the Ex Parte Petition for Order of Cremation form carefully, providing all requested information in all blanks. You, the person completing the packet, are the petitioner. Do not forget to sign the petition and verification.

Step 3: Gather consent forms.

Refer back to your list of family members that you compiled in Step 1 and that you included in your petition. Each person on that list who consents to the cremation should complete a consent form. Remember, you do not fill out this form; the family members who consent do. Also remember that if you are the person of highest priority, or if you do not have the consent of the family members of equal or higher priority than you, then you will not need this step. If you do have the consents of family members, you can pick up a consent form at the Civil Law Self-Help Center or download it on your computer in the packet in Step 2. You might need to print out more than one consent form if you have more than one family member filling out a consent.

Step 4: Fill out affidavit.

Refer back to your list of family members that you compiled in Step 1 and that you included in your petition. Go through that list and note which family members on that list did not fill out a consent to the cremation in Step 3. An explanation for each of those family members needs to be provided in an affidavit. You can download an affidavit on your computer by clicking a link underneath the form's title below.

AFFIDAVIT
PDF NONFILLABLE | PDF FILLABLE

You will explain in the affidavit why you did not get the consent from each of those family members (e.g., no one knows how to contact that person, the person is estranged from the family, or the person consents but is deployed and can't fill out a consent, etc.). Note that if you are the person with the highest priority, you might not need to complete this step. 

Step 5: Attach documents to your petition.

Gather the following documents and attach them to the back of your petition:

  1. A copy of your ID.
  2. A copy of the will, if there was one.
  3. Consent forms filled out by the people of equal or higher priority than you who consent to the cremation, if there are such people.
  4. An affidavit filled out by you explaining why the people of equal or higher priority than you have not filled out a consent form, if there are such people.

Step 6: File packet.

After you complete the petition and order and the packet is ready with your attachments, submit the entire packet with the Eighth Judicial District Court. The clerk's office where you can submit the packet is on the 3rd floor of the Regional Justice Center at 200 Lewis Avenue, Las Vegas, NV 89155. There is no fee to file.

Step 7: Check status of case.

After filing your petition, you should continuously check the court docket to see if anyone has filed an objection. You can go to the Eighth Judicial Court website and search under "Family Records" by the decedent's name to see if anyone has filed an objection. If an objection gets filed, the court might set the matter for hearing. Note that hearing date and attend the hearing. However, if there are no objections, generally the court will not set the matter for hearing. 

You should also continuously check the probate court's matter listing or "Pickup List" to see if the court has granted your petition. Click here for the probate webpage and click on the link for "The District Court Probate Pickup List." Search for the decedent's name under the column "Name of the Estate" then follow it to the "Status" column. If your petition has been granted, you will see the list will reflect "OK," and that means the judge has signed off on the order.

Step 8: Get Order.

Once the judge has signed off on the order, you can wait for the order to be mailed to you. If there are no objections filed to your petition, you can expect to receive the order in the mail about 3 to 4 weeks after filing your petition. You can pick also up the order at the clerk's office on the 3rd floor where you filed. Once you have the order, you can bring it to the funeral home or mortuary.

NOTE! All this packet does is give permission for the decedent to be cremated. It does NOT entitle anyone to keep the remains, nor does it dictate how the remains will be spread or maintained. To decide that, another probate petition will have to be completed. See Administration of Estates.

 

 

Medical Records

The Health Insurance Portability and Accountability Act (HIPAA) provides that certain entities, like most healthcare insurance companies and providers, are responsible for safeguarding a patient's protected health information. Because of that, if you need the decedent's medical records, you will need to petition the court for an order providing that the medical facility turn over the medical records to you. (NRS 629.061.) A common reason you might need medical records released to you is because a life insurance company wants to see the reason or cause of death before releasing insurance proceeds.

In order to obtain a court order that authorizes a hospital or medical provider to turn over medical records to you, follow these eight steps:

Step 1: Collect information.
Step 2: Fill out packet.
Step 3: Gather consent forms.
Step 4: Fill out affidavit.
Step 5: Attach documents to your petition.
Step 6: File packet.
Step 7: Check status of case.
Step 8: Get order.

Each of these eight steps are discussed in more detail below.

Step 1: Collect information.

First, you will need to know the name and address of every medical facility (e.g. hospitals, doctors' offices) from whom you want records.

NOTE! Make sure you list the facility that is holding the medical records you want. A doctor can work for a hospital and have her own clinic, so you will have to decide who has the decedent's medical records. Use the facility name and address where you think the records are held, and when in doubt, list both. If you are looking for medical records to show the cause of death, you will want to include the facility and address of the place where the decedent died.

Then, gather a list of all the persons who have equal or higher priority than you to authorize the release of medical records. You will need their names, ages, relationships to decedent, and addresses. The order of priority of persons who can request medical records is as follows:

  1. The decedent's spouse;
  2. The decedent's adult son or daughter;
  3. The decedent's parents;
  4. The decedent's adult brother or sister;
  5. The decedent's grandchildren;
  6. Any family entitled to share in the distribution of the estate.

(NRS 139.040.)

Find out where you are in the list above, then gather the names, ages, and addresses of all the people who are equal or higher than you on that list.

Step 2: Fill out packet.

Click here and select the "Clark County Petition to Order Release of Medical Records" interview for an automated forms interview that will fill out the entire packet for you after you answer a series of questions. Once you complete the interview, it will produce all the forms mentioned in this step and Steps 3 and 4. At the end of the interview, you will have to print your forms, sign them and get them signed by other parties if necessary, and move on to Step 5.

If you prefer to fill out by hand, a packet for the Ex Parte Petition for Order to Release Medical Records is available free of charge, at the Civil Law Self-Help Center. You can also download an Ex Parte Petition for Order to Release Medical Records on your computer by clicking one of the listed formats underneath the form's title below. This packet also includes the consent form in Step 3. (Remember, you do not fill out the consent form. Read through Step 3 for more information.)

EX PARTE PETITION FOR ORDER TO RELEASE MEDICAL RECORDSPDF nonfillable

You can also download a form completion guide to show you how to fill out the form by clicking on the link below:
GUIDE

AUTOMATED FORMS INTERVIEW AVAILABLE! There is an automated interview for people filling out their Petition for Order to Release Medical Records packet. This interview will complete the forms for you after you answer a series of questions. To use the interview, click here and select "MEDICAL RECORDS: Probate Petition for Medical Records." At the end of the interview, you will have to print your forms, sign them, and file them.

For information about how to fill out and file court forms, read Basics of Court Forms and Filings.

Complete the Ex Parte Petition for Order to Release Medical Records carefully, providing all the requested information in all blanks. You, the person completing the packet, are the petitioner. Do not forget to sign the petition and verification.

Step 3: Gather consent forms.

Refer back to your list of family members that you compiled in Step 1 and that you included in your petition. Each person on that list who consents to the release of medical records should complete a consent form. Remember, you do not fill out this form; the family members who consent do. Also remember that if you are the person with the highest priority, or if you do not have the consent from family members of equal or higher priority, you will not need to complete this step. If you do have consent from family members, you can pick up a consent form at the Civil Law Self-Help Center or download it on your computer by clicking one of the listed formats in Step 2. You might need to print out more than one consent form depending on how many family members are giving consent.

Step 4: Fill out affidavit.

Refer back to your list of family members that you compiled in Step 1 and that you included in your petition. Go through that list and note which family members on that list did not fill out a consent to the release of medical records in Step 3. An explanation for each of those family members needs to be provided in an affidavit. You can download an affidavit on your computer by clicking a link underneath the form's title below. 

AFFIDAVIT
PDF NONFILLABLE | PDF FILLABLE

You will explain in the affidavit why you did not get the consent from each of those family members (e.g., no one knows how to contact that person, the person is estranged from the family, or the person consents but is deployed and can't fill out a consent, etc.). 

Step 5: Attach documents to your petition.

Gather the following documents and attach them to the back of your petition:

  1. A copy of your picture ID.
  2. A copy of the death certificate.
  3. A copy of the will, if there was one.
  4. Consent forms filled out by the people of equal or higher priority than you who consent to the release of medical records, if there are such people.
  5. An affidavit filled out by you explaining why the people of equal or higher priority than you have not filled out a consent form, if there are such people.

Step 6: File packet.

After you complete the petition and order and the packet is ready with your attachments, submit the entire packet to the Eighth Judicial District Court. The clerk's office where you submit the packet is on the 3rd floor of the Regional Justice Center at 200 Lewis Avenue, Las Vegas, NV 89101. There is no fee to file.

Step 7: Check status of case.

After filing your petition, you should continuously check the court docket to see if anyone has filed an objection. You can go to the Eighth Judicial Court website and search under "Family Records" by the decedent's name to see if anyone has filed an objection. If an objection gets filed, the court might set the matter for hearing. Note that hearing date and attend the hearing. However, if there are no objections, generally the court will not set the matter for hearing.

You should also continuously check the probate court's matter listing or "Pickup List" to see if the court has granted your petition. Click here for the probate webpage and click on the link for "The District Court Probate Pickup List." Search for the decedent's name under the column "Name of the Estate" then follow it to the "Status" column. If your petition has been granted, you will see the list will reflect "OK," and that means the judge has signed off on the order.

Step 8: Get Order.

Once the judge has signed off on the order, you can wait for the order to be mailed to you. If there are no objections filed to your petition, you can expect to receive the order in the mail about 3 to 4 weeks after filing your petition. You will receive a plain order as well as a certified order in the mail. You can also pick up a certified copy of the order at the clerk's office on the 3rd floor where you filed. Once you have the order, you can bring it to the medical facility and show them that the court has authorized the release of medical records to you. Some medical facilities might request to see the certified copy of the order. 

Special Administrators

The appointment of a special administrator is a special, temporary situation where a person is appointed to do the limited tasks of checking into a decedent's assets, accounting the assets, marshaling the assets, protecting the assets, and/or acting as a real party in interest in lawsuits involving the estate. The appointment of a special administrator does not give the special administrator the right to disburse or keep any assets. Common situations where a special administrator is required are when: (1) no one knows what the estate consists of or no one knows the value of the estate; (2) someone needs to be appointed right away to protect the assets of the estate; and (3) when there is a lawsuit pending involving the decedent and someone needs to step in and defend or participate in that lawsuit. Special administrators are governed by Nevada Revised Statutes Title 12, Chapter 140.

Read below for some frequently asked questions and answers, as well as the steps to becoming appointed special administrator.

Do I need to be appointed special administrator?

You might be looking into special administration because a bank has told you to be appointed. Perhaps the bank refused to tell you the value of the decedent's bank account, and the bank representative tells you to be appointed as special administrator so that information can be turned over to you. While it is true that being appointed special administrator will get you that information, there might be an easier way of getting it. Digging into the decedent's mail might get you a bank statement or information into an online account, where you can find out the value of the account. Remember that being appointed special administrator does not authorize the money in that bank account to be turned over to you or anyone else. It only gives the special administrator the right to look into and investigate the assets. Once you know the value of the bank account, you will have to determine how to administer the money based on the estate's value. Click Administration of Estates to read more.

What are the duties and liabilities of a special administrator?

As special administrator, you will have special powers and duties, and you will have immunity from certain claims. The special administrator has to collect and preserve all the money of the estate and manage the estate so it does not lose value. This includes managing any income to the estate (e.g., rents received on the property in the estate) and taking care of the property (e.g., making sure the property is in good condition and does not turn into waste).

The special administrator can begin, maintain, or defend any court actions and be the person who is involved in lawsuits on behalf of the estate. The special administrator can also sell certain "perishable" items from the estate (property that will lose value if it is not disposed of right away), and ask the court to lease or mortgage real property in the estate.

Special administrators are not liable to any creditors of the estate, and even if the special administrator takes part in litigation on behalf of the estate, the special administrator is not liable for any claims against the decedent, except for claims of wrongful death, personal injury, or property damage if the estate only contains a policy of liability insurance and nothing else.

(NRS 140.040.)

Who should petition to be appointed as special administrator?

The order of priority for appointment as administrator is as follows (NRS 139.040):

  1. Surviving spouse
  2. Adult children
  3. Father or mother
  4. Brother or sister
  5. Grandchildren
  6. Anyone entitled to share in the estate
  7. Public administrator
  8. Creditors
  9. Any kindred within 4th degree of consanguinity (aunts, uncles, nieces, nephews, first cousins)
  10. Any person legally qualified

This does not mean that if you are of lower priority, you cannot be appointed. It means that if someone of higher priority than you also petitions, the court might favor that person to be appointed if they are of higher priority than you.

How do I get appointed as special administrator?

In order to be appointed special administrator, follow these 11 steps:

Step 1: Decide if this is the right application for you.
Step 2: Decide if you are eligible to serve as special administrator.
Step 3: Collect information.
Step 4: Fill out the packet.
Step 5: Gather any nominations.
Step 6: Fill out affidavit.
Step 7: Attach documents to your petition.
Step 8: File the packet.
Step 9: Check status of your case.
Step 10: Get order.
Step 11: Get Letters of Administration signed by the clerk.

Each of these eleven steps are discussed in more detail below.

Step 1: Decide if this is the right application for you.

Read and answer the following questions.

  1. Do you understand that becoming special administrator does not entitle you to any assets or give you the authority to disburse the assets? (WARNING: Sometimes you will get information from a bank or other agency that asks for Letters of Administration. This is different from this petition for special administration. Also, beware, because terminology gets mixed up from different states. So an agency from another state might tell you that this is what you need, but Nevada law is different.)
  2. Do you really not know the value of the decedent's estate? (Make sure you've done your own research. Real property values can be found online; car values can be found online; bank account values can be found by checking the decedent's mail.)

If you answered "no" to either or both questions, you should review Administration of Estates to see if there is another process that might work for you. However, if your answer was "yes" to both questions, this might be the right application for you, and you can proceed to the next step. 

Step 2: Decide if you are eligible to serve as special administrator.

In order to be appointed as special administrator, you must:

  1. Be a resident of Nevada (unless the will names you as a representative or you have a Nevada cooadministrator),
  2. Be over the age of 18, and
  3. Never have been convicted of a felony. (If you do have a felony on your record, you can still petition to become special administrator, but it will be up to the judge to decide if you can still be appointed. Felonies related to moral turpitude, theft, and financial-related crimes will bar appointment. For drug-related felonies and other felonies, it will be up to the judge to decide, based on the time that has passed since the crime and the severity of the crime.)

(NRS 139.010.)

If you are eligible to be special administrator, move on to Step 3.

Step 3: Collect information.

Collect the names, ages, and addresses of any persons who have equal or higher priority than you to be appointed special administrator. Nevada law (NRS 139.040) lists the order of priority of persons who are entitled to petition to be special administrator as follows:

The order of priority for appointment as administrator is as follows (NRS 139.040):

  1. Surviving spouse
  2. Adult Children
  3. Father or mother
  4. Brother or sister
  5. Grandchildren
  6. Anyone entitled to share in the estate
  7. Public administrator
  8. Creditors
  9. Any kindred within 4th degree of consanguinity (aunts, uncles, nieces, nephews, first cousins)
  10. Any person legally qualified

Find out where you are in the list above, then gather the names, ages, and addresses of all the people who are equal or higher than you on the list. This will include, of course, a surviving spouse, and any children of the decedent, amongst all others.

Step 4: Fill out the packet.

Click here and select the "Clark County Petition for Special Letters of Administration" interview for an automated forms interview that will fill out the entire packet for you after you answer a series of questions. Once you complete the interview, it will produce all the forms mentioned in this step and Steps 5 and 6. At the end of the interview, you will have to print your forms, sign them and get them signed by other parties if necessary, and move on to Step 7.

If you prefer to fill out by hand, a packet for the Petition for Special Letters of Administration is available free of charge at the Civil Law Self-Help Center. You can also download a Petition for Special Letters of Administration on your computer by clicking one of the listed formats underneath the form's title below. This packet also contains the nomination form described in Step 5. (You will not fill out the nomination form. See Step 5 for more information.)

PETITION FOR SPECIAL LETTERS OF ADMINISTRATION
PDF nonfillable

You can also download a form completion guide to show you how to fill out the form by clicking on the link below:

GUIDE

For information about how to fill out and file court forms, read Basics of Court Forms and Filings.

Complete the Petition for Special Letters of Administration carefully, providing all requested information in all blanks. You, the person completing the packet, are the petitioner. Remember, you will have to list a good reason as to why you need to be appointed as special administrator, and you will explain to the judge why you do not know about the decedent's assets. Do not forget to sign the petition and verification.

Step 5: Gather any nominations.

Sometimes the family wants a specific person to serve as special administrator. For example, when there are siblings who are arguing over the estate, there might be a cousin who all the siblings trust to serve as administrator. If there are family members who wish to nominate you as special administrator, they can fill out a nomination form.

Refer back to your list of family members that you compiled in Step 3. Each person on that list who wants to nominate you as special administrator should fill out the nomination form. Remember, you do not fill out this form; the family members nominating you do. You can pick up a nomination form at the Civil Law Self-Help Center or download it on your computer by clicking one of the listed formats in Step 4--the packets include the nomination forms. You might have to print out more than one nomination form depending on how many family members are nominating you.

Step 6: Fill out affidavit.

Refer back to your list of family members that you compiled in Step 3. Go through that list and note which family members on that list did not fill out a nomination in Step 5. An explanation for each of those family members needs to be provided in an affidavit. You can download an affidavit on your computer by clicking a link underneath the form's title below. 

AFFIDAVIT
PDF NONFILLABLE | PDF FILLABLE

You will need to explain what efforts you have used to contact the family members, and why they cannot be found. If there are no heirs or family that you know of, you will also have to complete the affidavit explaining your relationship to the decedent, and why you do not know of any heirs (e.g., "I lived with the decedent for 15 years, and he never mentioned a wife or kids. I know his parents and siblings are all deceased.") 

Step 7: Attach documents to your petition.

Gather the following documents and attach them to the back of your petition:

  1. A copy of your picture ID.
  2. A copy of the will, if there was one.
  3. A copy of the decedent's death certificate.
  4. The nomination(s), if you have them.
  5. An affidavit filled out by you explaining why the people of equal or higher priority than you have not filled out a nomination form, if there are such people.

Step 8: File the packet.

After you complete the petition and order and the packet is ready, submit everything with the Eighth Judicial District Court. The clerk's office where you can submit the packet is on the 3rd floor with the Regional Justice Center at 200 Lewis Avenue, Las Vegas, NV 89155.

There is no fee to file initially. However, if the probate progresses, and the clerk's office discovers that the estate was valued between $25,000.01 and $299,999.99 and you file another petition to distribute the assets, the clerk's office will require a filing fee. The fees are: $0 if the estate is valued at less than $2,500.00; $185.50 if the estate is between $2,500.01 and $20,000.00; $284.50 if the estate is between $20,000.01 and $200,000.00; and $537.50 if the estate is valued at $200,000.01 or more.

Step 9: Check status of your case.

After filing your petition, you should continuously check the court docket to see if anyone has filed an objection. You can go to the Eighth Judicial District Court website and search under "Family Records" by the decedent's name to see if anyone has filed an objection. If an objection gets filed, the court might set the matter for hearing. Note that hearing date and attend the hearing. However, if there are no objections, generally the court will not set the matter for hearing.

You should also continuously check the probate court's matter listing or "Pickup List" to see if the court has granted your petition. Click here for the probate webpage and click on the link for "The District Court Probate Pickup List." Search for the decedent's name under the column "Name of the Estate" then follow it to the "Status" column. If your petition has been granted, you will see the list will reflect "OK," and that means the judge has signed off on the order.

Step 10: Get order.

Once the judge has signed off on the order, you can wait for the order to be mailed to you. If there are no objections filed to your petition, you can expect to receive the order in the mail about 3 to 4 weeks after filing your petition. You will receive a plain order as well as a certified copy of the order in the mail. You can also pick up a certified copy of the order at the clerk's office on the 3rd floor where you filed. Some institutions might request to see a certified copy of the order, so make sure you have one.

Step 11: Get Letters of Administration signed by the clerk.

Once you have the order, fill out the remaining blanks on the Letters of Special Administration, and take it to the clerk's office on the 3rd floor. The clerk will witness you taking the oath and sign off on the Letters, then return it to you. You can use these Letters of Special Administration to present to any entities who require this before sharing any information about the estate.