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Home » Self-Help » Probate » Administration of Estates » Estates Over $300,000 » General Administration: Estates Over $300,000

General Administration: Estates Over $300,000

General administration is the probate procedure used for estates that are valued above $300,000.00. This is the longest and most complicated probate procedure for an administration of an estate. It is highly recommended that you retain an attorney to represent your interests in a general administration. The procedure requires the drafting of court documents, proper notice to different parties, and appearances at court hearings. The Civil Law Self-Help Center does not have forms for general administration. Again, due to the complexity of the procedures and the value of the estate, counsel is strongly suggested.

Several chapters in Title 12 of the Nevada Revised Statutes are relevant to the general administration. The purpose of a general administration is to divide the assets amongst the devisees and heirs and pay off the estate's creditors. A minimum of 120 to 180 days should be expected for the general administration process. The petitioner in a general administration, if approved by the court, becomes the personal representative of the estate. This person owes a "fiduciary duty," which means that representative will be held to the highest standard under the law, and must treat the estate with the utmost care. (NRS 142.010.)

Below are the very general steps to the general administration process. Many variations can occur, and again, because of the complexity of the procedure, an attorney is recommended.

Step 1: Filing of the Petition.

The first step for a general administration is the filing of the initial petition. The petition should be filed by the person named in the decedent's will, or the person in highest priority of intestacy. See here for more information on intestate succession. An interested party can also file the petition for probate. (NRS 132.185.)

The petition should contain the following information: (1) an explanation as to why the probate court in Clark County has jurisdiction; (2) a certified copy of the decedent's death certificate; (3) whether the person named in the will agrees or disagrees with your peition; (4) the names and addresses of all the heirs and devisees; (5) a list of the type of property in the estate and the values; (6) whether the decedent had any known debts; (7) your name, as petitioner, and if you have ever been convicted of a felony; and (8) the names of any people who are named in the will but are no longer alive. (NRS 136.090.)

The petition will need to be filed with the Eighth Judicial District Court on the 3rd floor of the Regional Justice Center at 200 Lewis Avenue, Las Vegas, NV 89155. The filing fee is $537.50.

Step 2: Issue Notice of the Petition.

The filing of the petition will trigger a court hearing, which the clerk's office will set. The petitioner will have to provide notice at least 10 days before the hearing to (1) the heirs of the decedent; (2) the devisees named in the will; (3) any other personal representatives; (4) The Department of Health & Human Services; and (5) the public. (NRS 136.100; NRS 155.010.)

Following the mailing of the notice of the hearing to the heirs, devisees, personal representatives and The Department of Health & Human Services, the petitioner will prepare a Certificate of Mailing that shows that the notice was mailed to all the parties, and on which day it was done. That Certificate of Mailing will be filed with the clerk's office of the Eighth Judicial District Court.

The public is noticed through publication in a newspaper. The notice of the hearing must be published 3 times in a newspaper in the county where the proceeding is pending. If the newspaper is published more than one time each week (e.g., a daily newspaper), then there must be at least 10 days from the first date to the last date of publication, including both the first and last day. (NRS 155.020.)

After notice via publication is completed, the personal representative will file an Affidavit of Publication of Notice with the clerk's office for the Eighth Judicial District Court, which should show the dates and manner of publication.

Step 3: Attend the hearing.

The hearing will be held at the Regional Justice Center at 200 Lewis Avenue in Las Vegas, Nevada, in the courtroom on the date and time that your notice provides. The hearing will be open to anyone who is interested or who has an objection, but it will be up to the judge to decide who is permitted to speak or argue. The attendees will have to wait until the matter is called (the case is referred to by the decedent's name--i.e., "The Estate of John Smith, deceased) before they are heard. The judge can grant the petition, deny it, or continue the hearing.

Step 4: Get Letters Testamentary or Letters of Administration.

If the court grants the petition, you should get Letters Testamentary or Letters of Administration. These are documents issued by the court that name the administrator or personal representative of the estate and give the powers that each has in the probate proceeding. Letters Testamentary are issued when the decedent had a will, and Letters of Administration are issued when there was no will. Some financial institutions might request to see a certified copy of the Letters. You can get certified copies from the court clerk's office at the Regional Justice Center.

Step 5: File and Notice Inventory.

Within 60 days from the date of appointment of the personal representative, the personal representative will file an inventory of the estate. This must include: (1) all of the real and personal property of the decedent; (2) a statement of all receivables, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money, belonging to the decedent, specifying the name of the debtor in each security, the date, the sum originally payable, any endorsements with their dates, and the sum which, in the judgment of the appraiser, may be collectible on each debt, interest or security; (3) mortgages of any kind on the real and personal property of the estate; (4) what portion of the estate is community property, and which is separate; and (5) an account of all money belonging to the decedent that has come into the representative's possession. (NRS 144.040.) The inventory must also contain a notarized oath that the inventory contains a true statement.

Notice of the inventory must be mailed to all interested heirs or devisees within ten days of filing. (NRS 144.010(2).) To show that this was properly done, the representative should file a Certificate of Mailing.

Step 6: Notice the creditors.

The personal representative must notify the estate's creditors that he or she was appointed to be the personal representative. (NRS 155.020.) This notice will also be published to the public.

Creditors will have 30 days from the date of mailing of the notice or 90 days from the first publication to file a claim. (NRS 147.040.) The personal representative will decide which claims are valid or invalid within 15 days after the close of the claim period or after the 90 days is up. If the personal representative rejects the creditor's claim, the personal representative must provide written notice to the creditor within the 15 day period. The creditor then has 60 days from the date of that notice to bring suit or file a petition for summary determination, if the creditor disagrees with the rejection of its claim. (NRS 147.130.) A creditor's failure to file a lawsuit or file that petition for summary determination could result in that claim being barred forever. (NRS 147.130.)

Step 7: Sale of Real Property

The personal representative must get court permission to sell any real property which was owned by the decedent. Even though Nevada law allows a personal representative to obtain retroactive approval, it is highly recommended that you get advance approval of any sales before they are finalized. Again, due to the complex nature of the sale of real property and court approval it is strongly encouraged that you retain an attorney especially if the estate has real property. (NRS 148.220 to NRS 148.320.)

Step 8: File the First Accounting.

The personal representative should file a First Accounting within 6 months after appointment, which should contain: (1) the amount of money received and expended by the personal representative; (2) the claims filed or presented against the estate, and whether such claim is allowed or rejected; and (3) all other matters to show the condition of the estate. (NRS 150.080.)

Step 9: Closing the Estate.

The personal representative has a duty to close an estate within 18 months after appointment. (NRS 143.037.) If a federal estate tax return is not due, the personal representative must file a report as to why the estate was not closed within 6 months after appointment (NRS 143.035), and if one is due, the personal representative will have to file a report as to why the estate was not closed within 15 months after appointment. (NRS 143.035.)

Once the creditor claims are paid or resolved, the personal representative will file a Petition for Final Distribution and Discharge, which should include a final accounting of all of the actions taken as personal representative. Once the judge approves the petition, the estate will be closed.