Probate
Commissioner James Fontano
The Probate Commissioner prepares the calendar and related materials for and conducts the Friday session of Probate. In addition, the Probate Commissioner, as a hearing master, conducts Evidentiary Hearings of contested probate matters.
Department Information
Location:
Phoenix Building
330 South 3rd Street Las Vegas, NV 89101
Location Hours:
Mon – Fri: 8:00AM – 5:00PM
Mon – Fri: 12:00PM – 1:00PM (Closed for lunch)
Contact:
Phone: (702) 455-2650
Email: probate@clarkcountycourts.us
Department Resources
Court
Probate court is held on Friday mornings each week, except holidays. The sales calendar starts at 9:30 a.m., and our hearing calendar follows immediately at 9:45 a.m. Probate does not have an assigned courtroom, so please check the Approved List for the courtroom location prior to attending.
| The Nevada Supreme Court has adopted the following standards detailing which hearings require in-person hearings. If your case-type is listed as “Presumptively In-Person”, you are expected to appear in person unless good cause is shown to justify a virtual (Zoom) appearance. For good cause shown, the court will allow appearance by Zoom. To appear by Zoom, you must email our office not less than 48 hours prior to the hearing, and notice must be filed into the case and served on all other parties. | ||
| Case/Hearing Types | Presumptively In-Person | Presumptively Virtual |
|---|---|---|
| Calendar Call | X | |
| Probate Status Hearings | X | |
| Uncontested Probate Hearings (e.g., on the “Approved” list) | X | |
| General Law and Motion | X | |
| Probate Sales Hearings | X | |
| Contested Probate Hearings | X | |
| Evidentiary Hearings | X | |
| Injunctive Relief Hearings (before the District Judge) | X | |
Frequently Asked Questions (FAQs)
I don’t know anything about probate, where do I start?
The Civil Law Self-Help Center provides an excellent introduction to probate, the different types of probate, and the process for starting and administering a probate estate on their website. We also encourage you to speak with an attorney that practices in estate planning and probate or contact the Clark County Law Library for assistance.
Do you have a list of probate attorneys you recommend?
We cannot provide recommendations for specific attorneys; however, the Nevada State Bar offers a free, online Lawyer Referral Service, which is also available by telephone at 702-382-0504 or toll-free at 800-789-5747.
If I hire an attorney, who pays the attorney’s fees?
That is an excellent question for the attorney! You can read about attorney’s fees in probate cases in Chapter 150 of the Nevada Revised Statutes.
If I can’t afford an attorney, how can I get free or affordable legal advice about probate?
The Probate Commissioner’s office cannot provide you with legal assistance or advice, but there are resources available. Legal Aid Center of Southern Nevada hosts a probate and estates-related Ask-A-Lawyer event every second Tuesday of the month. Learn more and sign up at https://www.lacsn.org/what-we-do/ask-a-lawyer. We also recommend that you contact the Civil Law Self-Help Center or the Clark County Law Library for assistance.
Who can act for the interest of the Decedent’s estate?
Only someone that has been appointed as a personal representative of an estate has authority to act on behalf of the estate. If the decedent gave you power-of-attorney before their death, that power is no longer effective.
How do I become the personal representative and what are their responsibilities?
The Probate Commissioner’s office cannot provide you with legal assistance or advice. You can get a good overview of the probate process by visiting the Civil Law Self-Help Center and by reviewing Title 12 of the Nevada Revised Statutes (scroll down to Chapters 132 through 156). If you still have questions, we recommend that you speak with a lawyer that specializes in estate planning and probate, or that you visit the Clark County Law Library.
Do I have to open a probate case with Clark County?
The Probate Commissioner’s office cannot instruct you as to whether your matter will require probate or where probate should be opened. We recommend that you speak with an attorney that practices in estate planning and probate, or that you contact the Civil Law Self-Help Center or Clark County Law Library for forms and information regarding the probate process.
How can I find whether a probate case has already been opened?
All probate cases are matters of public record. You can search online by the decedent’s name at the Eighth Judicial District Court Portal, or you can contact the District Court Clerk’s Office here:
Regional Justice Center
200 Lewis Ave, 3rd Floor
Las Vegas, Nevada 89155
Telephone: 702-671-0501
What is the case number?
All probate case numbers are in the form P-YY-XXXXXX-E (for estates) or P-YY-XXXXXX-T (for trusts), where YY represents the 2-digit year the case was filed, and XXXXXX represents the assigned case number (e.g., P-23-123456-E). You can find the case number by searching by the decedent’s name at the Eighth Judicial District Court Portal or by contacting the District Court Clerk’s Office.
I am an heir of the decedent’s estate—where is my check?!
The Probate Commissioner’s office does not handle any money or distribution of estate assets. If an order has been entered for distribution, you should contact the personal representative or the attorney for the estate.
How can I request a meeting with the Probate Commissioner?
The Probate Commissioner generally does not meet with members of the public. The Commissioner’s responsibility is to review pleadings and consider evidence, and then make a recommendation to the Probate Judge as to what should or should not be done in a case. Because of the judicial nature of the position, meeting one-on-one with petitioners creates a conflict of interest.
The deceased’s name is wrong in the system, how can I correct that?
If the mistake was made by the Clerk’s office (meaning that it was correct on your petition, but was incorrectly transcribed when filed), then you can contact the District Court Clerk’s Office and ask them to make the change. If the mistake was on the original filing, then you’ll need to ask the court to make the correction by filing a motion to correct name. You can use the Motion (Generic) form available on the Civil Law Self-Help Center website (the name of the Estate should be listed as the Plaintiff, with no Defendant listed).
The deceased owned a home, how can I sell the house?
Sales of real property have to be approved by the court before the property is transferred. We strongly recommend that you hire an attorney that practices in estate planning and probate, or that you contact the Civil Law Self-Help Center or Clark County Law Library for forms and information regarding this part of the probate process.
How can I get the deceased’s medical records?
The Civil Law Self-Help Center can provide forms and information regarding this part of the probate process.
How do I get permission to get the decedent’s body cremated?
Many funeral homes provide forms and assistance for getting an order allowing cremation—you should check with the funeral home where the decedent is located. If they are unable to help, then the Civil Law Self-Help Center can provide forms and information regarding this part of the probate process.
How can I get the decedent’s remains from the facility holding them?
The Civil Law Self-Help Center can provide forms and information regarding this part of the probate process.
How do I get a list of real properties for probate?
The Probate Commissioner’s office does not publish a list of real properties on the calendar for approval of sales. You should check the legal advertisements section in the Las Vegas Review Journal or the Nevada Legal News.
I got my (order, letters, etc.)… Now what do I do?
It feels redundant, I know, but the Probate Commissioner’s office cannot provide you with legal assistance or advice. We recommend that you hire an attorney that practices in estate planning and probate, or that you contact the Civil Law Self-Help Center or Clark County Law Library for forms and information.
What if I need another order so I can do something else with the estate?
If you or someone else filed a prior petition, regardless of whether that petition was granted, you need to file a new petition in the previous case. Write the case number (P-YY-XXXXXX-E) in the case caption to the right of the case name. Do not submit your petition as a new case or you will be required to consolidate the cases before the court takes any action on your new petition.
Why do I have to consolidate my case, and how do I do it?
Under EDCR 4.30, there can only be one active probate case per decedent. If two or more petitions with different numbers have been filed with reference to the same probate or trust matter, the court will require that all of the related matters be consolidated into the case that was filed first (i.e., the case with the lowest number). You can find a Motion to Consolidate at the Civil Law Self-Help Center.
How do I file a petition or motion with the court?
Filing of all matters in probate is handled by the District Court Clerk. All documents may be filed online, or by mail or in person at the following address:
District Court Clerk’s Office
REGIONAL JUSTICE CENTER
200 Lewis Avenue, 3rd Floor
Las Vegas, Nevada 89155
For help with filing, you can reach the Clerk’s office by calling 702-671-0514. The probate commissioner’s office cannot file documents for you and does not have any information regarding filing fees, copies, etc. All of those questions should be directed to the Clerk’s office.
How do I file a will?
The original Will must be filed with the Clerk of the Court within 30 days after the death of the Decedent. Deliver the Will in person or by certified mail (so you can track it) to the District Court Clerk’s Office at the following address:
Attn: District Court Clerk’s Office
REGIONAL JUSTICE CENTER
200 Lewis Avenue, 3rd Floor
Las Vegas, Nevada 89155
Phone Number: 702-671-0530
The fee for lodging a will is $18, payable to the Clerk of the Court. If you are admitting or proving a Will, you must state the date that the original Will was filed with the Clerk of Court in your petition.
What do I do with a cover sheet?
The Civil Cover Sheet needs to be completed, signed, and submitted with the original petition. Please select the appropriate type of probate filing and the applicable dollar amount.
Where do I send in camera submissions?
In camera submissions may be submitted by email to our office at probate@clarkcountycourts.us.
I received a letter in the mail from the clerk’s office regarding correcting paperwork filed, how do I fix it?
Please follow the instructions on the letter as to filing a conforming (corrected) document. If you have questions, contact the Clerk’s office at 702-671-0530.
How do I prove the value of the decedent’s assets or the amount of their debts?
For vehicle values, you may use Kelley Blue Book or J.D. Power, etc.
For real property values, online comparatives or values from sites such as Zillow or Redfin are acceptable for an initial petition or a petition to set-aside. For manufactured or mobile homes, an estimate from J.D. Power is acceptable. You can also use a sales comparative value analysis prepared by a real estate professional as proof of value of real estate or mobile homes.
For the inventory and record of value in a summary or full administration, you will need either an appraisal or an ex parte petition & order for verified record of value as provided in NRS 144.020(4).
All Notices of Hearing must properly reflect the correct address as Regional Justice Center, 200 Lewis Avenue, Las Vegas, NV 89155, Dept. PC1, Courtroom TBD.
What happens if I put the wrong address on my notice of hearing?
If your notice contains an incorrect address for the court, the hearing will be vacated by the court and you will be required to file an Amended Notice, with the correct address, to reset the matter on the calendar for hearing.
Why do I need to serve notice of the hearing to Medicaid if the deceased never used it?
Notice to Medicaid is required by statute, even if the decedent never used Medicaid benefits. See NRS 155.020.
How do I send the notice to Medicaid?
The Division of Health Care Financing and Policy is responsible for fulfilling all functions of the Medicaid Estate Recovery program, which includes verifying the recipient status of deceased individuals, providing information for all Medicaid claims to personal representatives, administrators, executors and attorneys, and procuring recovery against the estates of deceased Medicaid recipients. Per NRS 155.010 et. seq. and other applicable probate and trust law, the DHCFP must be served with formal written notice for deceased individuals by U.S. Mail to the following address:
Division of Health Care Financing and Policy
Attention: Medicaid Estate Recovery Unit
1100 E. William Street, Suite 101
Carson City, Nevada 89701
If you have questions for the Medicaid Estate Recovery Unit, you may contact them by email at mer@dhcfp.nv.gov or by telephone at 775-687-8416. Service of notice by email is not acceptable and will result in your matter being taken off calendar.
How do I get a hearing date for my petition?
All hearings in the Court are scheduled by Master Calendar. When you file a petition or a motion, include the phrase “HEARING REQUESTED” below the case number in the caption, and Master Calendar will set the matter for hearing and issue a Notice of Hearing. You need to serve this notice, with a copy of the petition or motion, on all interested parties. For any questions regarding scheduling a hearing or obtaining a Notice of Hearing, please contact Master Calendar in the District Court Clerk’s Office directly at 702-671-0535.
Why is the next hearing date so far away?
The probate commissioner handles approximately 150 matters each week on calendar. With the exception of certain matters requiring immediate attention, all cases are heard on a first-come, first-served basis.
How can I get an earlier probate hearing date?
If you have an emergency requiring an earlier hearing date, you can submit a motion for an order shortening time. See EDCR 2.26. Orders shortening time will not be granted absent a showing of good cause. Please contact the Civil Law Self-Help Center or the Clark County Law Library for forms and information.
How can I push back my hearing to a later date?
If you have a conflict and would like additional time, you may move the court for an order extending the time for the hearing. See EDCR 2.25. Please contact the Civil Law Self-Help Center or the Clark County Law Library for forms and information.
When is the next hearing?
Hearings are generally set 90-120 days after the date of filing, depending upon the volume of cases pending. If you need a date for your notice of hearing, please call Master Calendar at 702-671-0535.
How do I check the status of my case when it’s on the Friday Calendar?
Check the Approved List.
What does COURT’S DISCRETION mean on Friday Calendar?
Any matter marked as COURT’S DISCRETION on the Approved List means that the matter requires a hearing before the Probate Commissioner. This is generally done in person, although video-conferencing via Zoom is available in certain circumstances.
Why was my case taken off calendar?
If a petition does not meet statutory requirements, including providing notice, the petition will be taken off calendar subject to renotice. Please review the notes on the Approved List or any correspondence from our office.
Am I required to attend the hearing?
If your matter is marked as APPROVED on the Approved List and no objection is expected, then you are not required to attend the hearing. If it shows as COURT’S DISCRETION, then a hearing is required and your appearance is necessary.
Does the attorney have to appear in person to hearings?
The Probate Commissioner prefers that contested matters be addressed in person. For good cause, the court will allow you to appear by video-conference on Zoom. The Zoom link is listed under Department Information on the Probate Webpage.
How can I submit an order?
Submit your proposed order to our department by email at probateinbox@clarkcountycourts.us. This email is for orders and reports and recommendations only—do not send any other communication or documents to the probate department through this email address. The document must be in PDF format and be the only attachment to the email (do not attach multiple documents). Do not include any additional argument or message in the body of the email, as it is not received in the system. The subject line of your order must be in the following format:
Case Number – CODE – Case Name, e.g.: P-23-123456-E – ORDR – Estate of John Smith. If you are using forms from the Self-Help Center, the code is located at the top left of the first page above the petitioner’s address block. A list of codes can also be found here.
How long does it take for an order to be signed?
After the Probate Commissioner recommends a matter for approval, it may take up to ten days for the order to be processed by the Probate Commissioner’s office, sent to the Probate Judge, signed, and filed. If you submitted the order and it’s been more than two weeks since your hearing, please email our office.
How do I get a copy of the signed and filed order from the judge?
Per Administrative Order 20-17, all lawyers and self-represented litigants are required to register for electronic service. Please ensure you are registered to receive electronic service in Odyssey at https://nevada.tylertech.cloud/OfsWeb so that you will receive the electronically filed document once processed. For help registering for electronic service, please see the “To Add the Service Contact to the Case without filing” instructions here.
I didn’t receive the file-stamped order—how do I get that?
If your order was signed and filed by the Judge and you did not receive a copy, you can obtain documents through the online Portal or by requesting copies from the Records division by email at recordsrequest@clarkcountycourts.us. You can find more information at the District Court Clerk’s Office
How do I get copies of filed documents?
The probate commissioner’s office does not provide copies of documents. You can obtain documents through the online Portal or by requesting copies from the District Court Clerk’s Office.
Where can I get a copy of the minutes from the hearing?
Copies of minutes are available through the Portal.
How can I request a copy of the video recording of the hearing?
Complete and submit a JAVS request form to the District Court Clerk’s Office, or call 702-455-4977.
Approved List
Cases can only be pre-approved prior to the hearing time if all proper documents and pleadings have been filed and there are no known objections to the relief requested in the petition. Cases that are pre-approved are indicated by “APPROVED” in the NOTES column.
DISCLAIMER
Every effort is made to keep the Approved List current. Circumstances may result in cases that were initially identified as Approved to be removed and set on Court’s Discretion. Please check frequently for updates.
How to Get On the Approved List
Each week our office reviews many cases. Those that meet all statutory requirements and for which no objection has been filed are recommended for approval. There are many, each week, that don’t make that list and have to be denied or taken off calendar and re-noticed. Here are the most common reasons that matters do not make the approved list:
- Verification: Your petition must be verified (meaning that it includes “a declaration that a statement is true, made under oath or affirmation under penalty of perjury for false statement.” NRS 132.360). A sample verification is available from the Civil Law Self-Help Center.
- Notice of Hearing: A copy of the notice of hearing with the correct hearing date and the correct address must be served on all interested parties. If you’ve served a notice of hearing with a blank date, we have to take the matter off calendar and it has to be renoticed. (Please note, if you serve your filed notice of hearing with a blank date along with a Clerk’s notice of hearing with the correct hearing date, the requirement is satisfied.)
- Service: We need proof that you’ve served the petition and notice on all interested parties. Serve by mail or electronic service through Odyssey, and then file the Certificate of Service confirming the date of service and the names and addresses of all persons served, and make sure that you’ve served more than 10 days before the hearing. If you serve by text or email or word of mouth, your matter will come off calendar and you’ll have to renotice.
- As of December 1, 2024, the Medicaid Estate Recovery (MER) program will be moving to the following new address:
DHCFP – Medicaid Estate Recovery
4070 Silver Sage Drive
Carson City, Nevada 89701Do not serve them by email! Service must comply with statutory requirements.
- Objections: This goes without saying, and it is beyond your control, but there cannot be any objection filed to your petition. If someone objects, the matter cannot be pre-approved.
- Death Certificate: Death certificates, if available, must be attached to the initial petition as an exhibit. Make certain that you’ve redacted the decedent’s social security number!
- Consolidation: There cannot be a prior case opened for the decedent’s estate. Search in the Portal and, if there is another case, file your petition under that case number.
Forms
The Civil Law Self-Help Center provides an extensive forms library for probate and other civil matters at https://www.civillawselfhelpcenter.org/forms. Any questions about the forms provided or how to use them should be addressed to the Self-Help Center directly.
Links
| Resource | Telephone: | Website: |
|---|---|---|
| Civil Law Self-Help Center | 702-671-3970 | LINK |
| Clark County Assessor | 702-455-3882 | LINK |
| Clark County Coroner | 702-455-3210 | LINK |
| Clark County Law Library | 702-455-4696 | LINK |
| Clark County Public Administrator | 702-455-4332 | LINK |
| Clark County Recorder | 702-455-4336 | LINK |
| District Court Clerk: Civil/Criminal | 702-671-0530 | LINK |
| District Court Clerk: Filing | 702-671-0514 | LINK |
| District Court Clerk: Master Calendar | 702-671-0535 | |
| District Court Clerk: Records Dept. (Copies) | 702-671-0555 | LINK |
| Eighth Judicial District Court Portal | LINK | |
| Guardianship | 702-671-4614 | LINK |
| Legal Aid Center of Southern Nevada | 702-386-1070 | LINK |
| Nevada Medicaid Estate Recovery | 775-687-8416 | LINK |
| Nevada Secretary of State | 775-684-5708 | LINK |
| Odyssey eFileNV | 800-297-5377 | LINK |
| Southern Nevada Health District | 702-759-1000 | LINK |
| State Bar of Nevada: Lawyer Referral Service | 702-382-0504 | LINK |
Resources
The Probate Commissioner’s office cannot provide legal advice or assistance in filing or processing Probate Petitions in the District Court. Self-represented persons are strongly encouraged to consult with an attorney specializing in estate and probate law, or to visit the Clark County Law Library or Civil Law Self-Help Center for assistance. The Legal Aid Center of Southern Nevada hosts a probate and estates-related Ask-A-Lawyer event every second Tuesday of the month. Learn more and sign up at https://www.lacsn.org/what-we-do/ask-a-lawyer. The following resources are available through our website: