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

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)

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.

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:

  1. 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.
  2. 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.)
  3. 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.
  4. 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.
  1. 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.
  2. 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!
  3. 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:

Resource Link
Synopsis of Nevada Probate Law LINK
Attorney’s Procedure Checklist LINK
Add Service Contact LINK
Document Codes LINK
Eighth District Court Rules: Part IV LINK
Nevada Revised Statutes: Title 12 LINK
Nevada Rules of Civil Procedure LINK
Wills Index LINK