Everything You Need to Know About the Las Vegas Probate Court
Where Is the Las Vegas Probate Court?
The Probate Commissioner is currently the initial judge on all probate cases and those that remain uncontested. The probate commissioner works from the Phoenix Buildings 10th floor at 330 S. Third St in Las Vegas. The Probate Court hearings are held in downtown Las Vegas at 200 Lewis Avenue, the Regional Justice Center.
Clark County Probate Court Records
The court has records stretching back to 1909 to the present, which the Clerk of the Court maintains. Most records from the 1990s can be searched on the online website of the Clark County Probate Court.
The Clerk of the Court offers the legal community, the public, and court-related agencies access to important Clark County court records. However, any records before 1909 need to be obtained from Lincoln County.
You may access case records and forms on the website and indicate if you wish to have the copies mailed to you or picked up from the Records Division.
One may use a JAVS request form from the Regional Justice Center to access the forms for video hearings in criminal or civil cases.
The Transcript Video Services department usually processes domestic court hearing videos.
You can usually request court hearing records from the Clark County Nevada courts Records Visions by email to [email protected].
You could also access the Clark County court records by mailing a request to the following address:
Clerk of Court Attn: Records
200 East Lewis Avenue
Las Vegas NV 89155
Clark County Court Records Search
The public and other parties may view the records, reproduce documents, and search the records of the Las Vegas Probate Courts. Note that while anyone may search the records of the Clark County court, there are some restrictions:
- The public may not inspect sealed domestic records as only litigants and attorneys of record may view these records. They may view sealed records if they present proper identification except for adoption records which require a court order.
- Sealed criminal and civil cases will require a court order to be acquired by anyone that needs to obtain information or documents.
- It is illegal to remove any exhibits, files, or documents for viewing outside the Clark County Clerk’s office.
- You will need a case number to access Clark County court records. You may also use the names of the two parties in addition to the year the case was filed.
- For cases not found on the online records system, you may leave your request with the staff of the Records Division, who will consult the microfilm index for a fee. The staff will also charge for information provided and photocopy and certify the documents for a fee.
- Unsealed admitted evidence is usually provided on an appointment, even though you must produce valid and current photo identification.
If you are looking for legal advice on probate matters, there is no one better law firm than the Wood Law Group. We have experienced probate lawyers licensed to practice law in the County of Clark in Nevada, and we may help you with anything from filing records to representing you in court.
How to File an Objection in Probate Court Las Vegas NV
Contrary to popular public opinion, there is typically no automatic probate when a person dies. Probate is activated when a person files a probate case.
Most people with substantial assets in Nevada usually plan their affairs to ensure that they do not end up in court. Many will usually put their estates in a trust payable to their beneficiaries upon their death.
Depending on the value of the decedent’s property, the administration of the estate may take years to resolve. The probate process typically involves the collection of financial assets, the distribution of assets, and the payment of any final taxes.
Typically, when someone files probate, they hope to be awarded the deceased’s property. The exception is when a decedent dies in such a way that the Clark County public administrator is alerted.
For instance, when a person dies in an apartment alone, the body has to be collected by the County Coroner, who alerts the Public Administrator. If no family members are found, the real estate or other valuable property may be subjected to probate proceedings.
How to File a Will With Probate Court Las Vegas
A will can usually not be filed until the testator, the writer of the will, is dead. Once the testator is dead, the person who has the original will in their custody needs to present it to the courts within 30 days.
Here is how to file a will in Probate Court in the Clark County, Nevada Courts:
Initial Petition and Document Filing
Typically all documents need to be electronically filed, and your lawyer can usually do this from their offices. However, you can also use the courthouse scanner to file your petition online.
There are two exceptions to having to file online probate petitions, that include the following:
- If there is an original will, it has been presented to the court clerk for filing. The clerk will then put their stamp on a copy of the original, and the stamped file copy will have to be attached to the petition.
- Letters Testamentary or Letters of Administration have to be physically issued by the courthouse.
Acceptance of the Initial Petition
Upon filing an initial petition, it will take several days for the filing to be accepted and given a case number. The initial acceptance is based on accurate scanning of the documents and proper signatures.
Once the petition has a number assigned, the attorney will usually file a Notice of Hearing. Most probate hearings will be held at 9:30 am on Friday mornings, where it is common to have more than 100 petitions each hearing.
Review of Petitions
The Monday morning before the Friday hearing, the probate commissioner assisted with judicial assistants will typically review all the petitions.
The petitions are usually classified into those with no opposition filed and those with an opposition. If an objection has been filed, the district court judge will read the petition and opposition and listen to oral arguments at the Friday Hearing.
In instances of opposition, the probate judge and their assistants will review the objection to determine if it meets all the legal requirements. If anything is not as it should be, a judicial clerk will usually email the presiding attorney on Tuesday or Monday before the hearing asking them to furnish the district court with whatever is missing.
You can usually Google relevant petition keywords on the Monday before the Friday hearing and see the calendar for the hearing online. The cases usually have the case name and to the right some other comment or “OK.”
Cases with “OK” usually mean that you should get a pre-signed order approving your petition if no one objects to it at the Friday hearing. Cases with comments such as “needs proof of……..” may require that you provide some missing item, and the pre-signed order will be approved if there is no opposition at the Friday hearing.
The probate judge will usually read out the approved list at the Friday hearing and ask anyone who objects to stand when their case name is read. Objections are rare, but if there is an objection, the pre-signed order is pulled aside, and the case will be heard with other contested matters.
For unobjected orders, the attorneys can usually file their orders from their offices, or if not, go downstairs and get a certified copy.
At the Wood Law Group, we have helped many of our clients with their probate matter filings in the Nevada Probate Court. We usually advise that you talk with an attorney as they have the necessary experience to look at the facts in your case and offer the legal advice you need in such cases.
Given our experience, we may also predict how a probate judge might rule compared to the staff at the Self Help Center, who may not be well-versed in the law.
How Long Does Probate Take in Nevada?
If you have a probate case in the Nevada state court, the average time from start to finish is about 4-6 months. Some cases may take as long as 12 months, depending on whether there are any creditors and/or an objection filed that requires a hearing.
How Much Does Probate Cost in Nevada?
Probate costs can vary depending on the number of documents and whether there is a hearing or not. A typical probate matter costs between 2%-4% of the estate.
At the Wood Law Group, we have a preferred rate for all our clients to make it more affordable and ensure a timely resolution. If you want to find out more about how much a probate matter costs in the Nevada Probate Court, contact us.
Using the Clark County Probate Court Electronic Filing
The Clerk of the court allows parties to serve and file probate forms online using Odyssey File & Serve. This is an electronic system set up by the court in Clark County, Nevada that allows you to search the forms library by the party or case number and begin the electronic service and filing.
The Las Vegas, Nevada court currently accepts electronic filing of motions, proof of requirements, notices setting slip, and other filings, which do not require a judicial officer’s initial signature and review.
Given the complexities of the filing process, it is critical to seek legal advice from a probate attorney. At the Wood Law Group, our probate lawyers have a solid understanding and knowledge of the rules, laws, and processes of the Probate Court.
Contact us today by phone or using the contact form on our website. We can provide representation and legal advice on probate matters ranging from wills and trusts to complex inheritance matters.