Everything You Need to Know About the Clark County Probate Court
When someone passes away in Clark County, their loved ones may choose to file a probate petition with the Clark County Probate Court. Learn more here.
Where Is the Clarke County Probate Court?
The court is headed by the probate commissioner, who often acts as the probate judge. The probate judge hears initial proceedings on probate cases and other uncontested matters.
Under the supervision of the probate judge, the probation commissioner will prepare a list of all contested probate matters that will be brought to the Friday hearing. The court is on the 10th floor of the Phoenix Building, 330 S. Third St, Las Vegas, NV 89101.
It is important to note that a probate case judge may decide to have the courts hear a case downtown at the Regional Justice Center, 200 Lewis Avenue.
Suppose you intend to file an Order for the Probate Commissioner to Sign. In that case, you will have to drop it off on the 10th floor of the Phoenix Building, 330 S. Third St. You will also have to pick up the signed orders from there, in the courtroom or in the attorney folder at the Regional Justice Center, depending on the circumstances.
The Wood Law Group provides estate planning and probate services to clients in Clarke County. We have served many clients in their dealings with the Probate Court, and we may be able to help you get favorable outcomes in your filings and any case you may have at the court.
How Do I Find Probate Records in Nevada?
The Clerk of the County Court maintains court records from 1909 to date. You can find much information and records from 1990 to the present through an online search.
The Clerk of the Court provides access to court-related agencies, the legal community, and the public who can perform searches on any record or event, whether the records on a deceased’s estate or estates or personal property.
Note that records before 1909 can only be obtained from Lincoln County. One needs to visit the court’s website to access the records online. Once on the portal, one will need to:
- Find the form for filing a copy request and indicate if they prefer to pick up their copies from the Records Division or have them mailed
- The form can usually be accessed by clicking on the search request form
- To be granted access to the form for a record of a video hearing in a criminal or civil case, request the JAVS request form that you can then bring to the office physically or via mail
- If you are interested in domestic case hearing videos, you will need to visit the Transcript Video Services website
Once you have completed a request form, you can typically send the form via email or regular mail. The email address of the Records Division is [email protected].
The mailing address of the Division is as follows:
Clerk of Court Attn: Records
200 East Lewis Avenue
Las Vegas NV 89155
If you do not have the time to go to the court to get case records, you should contact the Wood Law Group. We are well-versed in the legal processes involved in Clark County probate, and we may provide this service to your satisfaction.
Clark County Probate Procedure
Contrary to popular opinion, probate doesn’t start automatically when a person dies. It is activated when a person submits a petition to probate estate. The probate process, which includes filing a will, cannot be started until the will’s Testator or writer is dead.
The probate process is court-monitored, and it involves proving the validity of a will, settling the affairs of the deceased’s estate, paying necessary obligations, and transferring property and assets to beneficiaries.
Under probate law, the person in custody of the original will or the one appointed as an executor must file it within 30 days of the Testator’s death. The person in possession of the will has to file it to the District Court clerk’s office.
In some cases, probate is necessary in Nevada. For example, if the total amount of the deceased person’s assets exceeds $20,000, or if real estate is involved, a probate process is required, and there is no reason to delay starting it.
Lack of compliance with the filing provisions can often result in complications due to the probability of incidences such as disputes regarding the authenticity of the original will.
That is why it is crucial to hire an experienced probate lawyer for any case you have in court. Wood Law Group provides personal service to our clients in Clark County.
Contact The Wood Law Group today if you are looking for personal service! Call (702) 388-1711 for a free consultation.
How to File a Case in Clarke County Probate Court
The court follows a particular procedure which usually includes:
- Initial Petition/Document Filing
- Acceptance of Initial Petition
- Review of Petitions
- Approval of Petitions at a Court Hearing
Document Filing /Initial Petition
Generally, all documents will need to be electronically filed. Lawyers usually file their papers online even though one can also make a personal visit to the courthouse, take a number, and scan their documents before filing.
The rule is that one must file online unless their case qualifies for an exception. The two exceptions accepted include:
- If there is no original will, the original copy of the will has to be filed by being presented to the Court Clerk. Once this is done, the clerk will stamp a copy that will have to be attached to the probate petition
- You have Letters Testamentary or Letters of Administration that have to be approved at the courthouse
Original wills are usually presented at 601 N. Pecos, Las Vegas, similar to Letters of Administration or Letters Testamentary.
Acceptance of Initial Petition
Once an initial petition has been filed electronically, it will take between a few minutes and several days for the court to accept the petition and assign it a case number.
The initial acceptance may be based on little details that may include whether the petition has been signed or if it has been scanned the right side up.
Once a petition is provided a case number, one of the essential duties of the attorney is to file a Notice of Hearing. Most common probate hearings will usually be held at 9:30 AM on Friday mornings.
On the Monday morning of the week of the hearing, the probate commissioner, otherwise referred to as the probate judge, and their judicial assistants will review the petition.
The petitions are usually classified into those in which someone has filed an opposition and those without opposition.
In instances of opposition, the judge will read both the petition and the opposition and ask the parties to prepare oral arguments for the Friday hearing.
In instances of no opposition, the judge and judicial staff will review the case files to ensure that all legal provisions have been complied with.
If there is a compliance issue, a judicial clerk will usually email the attorney of record on the Tuesday or Monday before the hearing and allow them to provide whatever is missing or file their papers correctly by Thursday afternoon of the hearing week.
The Supreme Court approved probate and trust rules that guide practice in the District Court of Nevada in 1994.
Approval of Petitions at a Court Hearing
Starting on the Monday before the Friday hearing, one can usually go alone and search for “Approved Probate List Clark County Nevada” to see the hearing calendar for that week.
The calendar usually has the case name and other comments such as “ok.” If a case has an ok comment, the court will approve a pre-signed order approving the petition if no one shows up at the Friday hearing to object.
Comments such as “needs proof of ………” usually mean an item must be supplied for the hearing to go on.
There are usually more than 100 uncontested petitions with “ok” comments that go to the Friday hearing. The judge usually reads out the entire approved list and asks if anyone has an objection, which they should voice when their case name is read.
There is no objection to any of the cases on most Fridays, but if there is one, the pre-signed order will usually be pulled aside. The contested matter is then heard alongside other contested cases.
For contested matters with no objection, the lawyers will have to pick up their pre-signed orders that they can either take back to their office for online filing or, if not, they can take them downstairs where they can be filed and a certified copy issued to them.
Since objections are so rare, clients who have their attorneys at the Friday hearing do not need to attend. If there is an unexpected objection, the judge will usually allow the hearing to be delayed so that all parties to the case are present to submit their arguments.
In contested proceedings, an attorney will usually serve a copy of the proposed report to all parties at the hearing and are affected by the report unless the probate commissioner directs otherwise.
On the court’s motion or at the request of any party, the probate commission or the district court judge may direct the parties in a petition to participate in a settlement conference.
The court may offer continuances in the following circumstances:
- For a good cause – The probate commissioner has the power to continue or vacate matters at his discretion
- At the call of the calendar – If a matter is not approved or ready for hearing, it may be continued from week to week for no more than four weeks
Since court employees, including the judge, are prohibited from giving legal advice, including preparing documents, it is critical to consult with a probate attorney.
At the Wood Law Group, we have experienced attorneys who will provide all the necessary legal advice and help in the requisition and filing of the documents required for your case. Contact us today, and we may be able to help you with your probate case.
Guide to the Clark County Court Probate Case Files
To determine if your case has been filed or scrutinize the docket sheet on a probate case, you can search the court website or search on Google for “Clark County Court Records Inquiry.”
Probate cases are usually under “Family Records,” Once you bring this up, you can search by either case number or the decedent’s name. If a probate or will case has been filed under the same number or name, it will be displayed on the results.
- “W” usually indicates that the will was successfully filed. Clicking on the case number allows you to view the filer and the decedent
- “P” usually suggests that the probate case was successfully filed. Clicking the case number will enable one to see the actions that have been taken and the entire docket sheet
- “E” usually indicates estate matters while “T” stands for trust matters
If a court is asked to assume jurisdiction over a trust, the case needs to be filed with a different case number if there is no order from a probate judge allowing otherwise.
To view the probate or will filings will require the payment of either subscription fees or going to the court to purchase copies.
If you are looking to get Probate Court services, you should contact the Wood Law Group. We have experience dealing with the Probate Court and provide courteous and prompt service to clients looking to file will and probate cases in court.
Clark County Nevada Probate Case Search
The Clark County Court allows one to search for a probate case on their website. You can specify the type of case you want to explore, whether civil, trusteeship, estate, guardianship, or marriage licenses.
Some of the information that you will have to provide to search for a case include:
- Name of the person or company
- Case number
- Date of filing
You can typically set the number of matches you would like per results page, which can be as low as 25 or as high as 250.
Contact a Probate Attorney in Las Vegas
The Wood Law Group has experience dealing with the Probate Court of Clark County. Our responsibilities include but are not limited to:
- Informing the court of any changes in the status of the estate
- Paying all debts and taxes owed by the estate
- Filing all required documents with the court
- Making sure that all bequests in the will are carried out
- Preparing and filing all required tax returns
- Distributing the estate according to the terms of the will or state law
- Closing the estate
The Wood Law Group is committed to providing excellent service to our clients. We understand the responsibilities of being an executor or administrator and can help make the process as smooth as possible.
We also know that probate can be a costly process. The Wood Law Group charges a reasonable flat fee for our services. We also offer a free consultation to discuss your case and see how we can help.
If you need to resolve a probate case in this Clark County Court, contact the Wood Law Group today. Our attorney understands the court system and the legal processes and may help you with legal advice in your probate case.