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A Nevada probate creditor claim form is a legal document filed by a creditor requesting payment from the estate of a deceased person who owed them money.
Any individual or organization who believes they are owed money by a deceased person can file a creditor claim form in Nevada probate.
The purpose of filing a creditor claim form is to inform the probate court about the debt owed by the deceased person and to seek payment from the assets of their estate.
You can obtain a creditor claim form in Nevada by contacting the probate court in the county where the deceased person resided. They will provide you with the necessary form.
The creditor claim form in Nevada typically requires information such as the name of the deceased person, the amount owed, the basis of the debt, and supporting documents.
Yes, there is a deadline for filing a creditor claim form in Nevada probate. Generally, it must be filed within 90 days from the date the Notice to Creditors is published.
After you file a creditor claim form in Nevada, the personal representative of the estate will review your claim and determine its validity. If approved, your claim may be paid from the assets of the estate.
If your creditor claim is denied in Nevada, you may have the option to challenge the decision by filing a petition with the probate court. It is recommended to seek legal advice in such situations.
Yes, you can negotiate the amount of your debt in a creditor claim. It is advisable to communicate with the personal representative or their legal representative to discuss a settlement or resolution.
If you miss the deadline for filing a creditor claim form in Nevada, your claim may be barred, and you may lose the opportunity to seek payment from the estate. It is crucial to file within the specified timeframe.
Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small Estate procedures may generally be used regardless of whether there was a Will. In general, the two forms of small estate procedures are recognized:
1. Small Estate Affidavit -Some States allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the Court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.Nevada Statues provide the following three small estate or abbreviated probate procedures:
1. Letter of Entitlement pursuant to Section 146.080. This section is only applicable to a states that do not exceed $20,000 and have no assets consisting of real property in Nevada. At least 40 days must have passed since the date of death of the decedent to use this affidavit.Nevada requirements are set forth in the statutes below.
Chapter 145 - SUMMARY ADMINISTRATION OF ESTATES
Nev. Rev, Stat. 145.010 Application of chapter.
The provisions of this chapter apply only to estates of which summary administration is ordered. Upon the granting of summary administration, all regular proceedings and further notices required by this title are waived, except for the notices required by NRS 144.010, 145.060, 145.070 and 145.075.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 2001, 2345)
Nev. Rev. Stat. 145.020 Contents of petition seeking summary administration.
All proceedings taken under this chapter, whether or not the decedent left a will, must be originated by a petition for letters testamentary or letters of administration containing:
1. Jurisdictional information;[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1997, 1487; 1999, 2301; 2009, 1628)
Nev. Rev. Stat. 145.030 Notice required.
Notice of a petition for the probate of a will and the issuance of letters must be given as provided in NRS 155.010.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1975, 1770; 1987, 780; 1989, 647; 1995, 2572; 1999, 2302)
Nev. Rev. Stat. 145.040 Conditions for ordering summary administration.
If it is made to appear to the court that the gross value of the estate, after deducting any encumbrances, does not exceed $300,000, the court may, if deemed advisable considering the nature, character and obligations of the estate, enter an order for a summary administration of the estate.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1965, 172; 1973, 431; 1975, 1770; 1983, 294; 1997, 1487; 1999, 2302; 2007, 896; 2015, 789)
Nev. Rev. Stat. 145.060 Creditors' claims: Notice, filing, approval and payment; procedure if claim of Department of Health and Human Services rejected.
1. A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1975, 1771; 1987, 781; 1995, 2572; 1999, 2302; 2001, 2345; 2003, 881, 2511)
Nev. Rev. Stat. 145.070 Sales of real property: Notice and procedure.
All sales of real property, if summary administration is ordered, must be made upon notice given and in the manner required by chapter 148 of NRS.[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1999, 2303)
Nev. Rev. Stat. 145.075 Hearing and notices required upon filing of final account and petition for distribution.
1. Upon the filing of a final account and petition for distribution of an estate for which summary administration was ordered, the notice of hearing, the account and petition, together with notice of the amount agreed or requested as attorney's fees, must be given to the persons entitled thereto.Nev. Rev. Stat. 145.080 Close of administration and distribution.
The administration of the estate may be closed and distribution made at any time after the expiration of the time for the personal representative to act on the claims, if it appears to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate is in condition to be finally settled.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1971, 1163; 1999, 2303)
Nev. Rev. Stat. 145.110 Revocation of summary administration.
If at any time after the entry of an order for the summary administration of an estate it appears that the gross value of the estate, after deducting any encumbrances, exceeds $300,000 as of the death of the decedent, the personal representative shall petition the court for an order revoking summary administration. The court may, if deemed advisable considering the nature, character and obligations of the estate, provide in its order revoking summary administration that regular administration of the estate may proceed unabated upon providing such portions of the regular proceedings and notices as were dispensed with by the order for summary administration.
(Added to NRS by 1999, 2301; A 2007, 896; 2015, 789)
Chapter 146 – SUPPORT OF FAMILY; SMALL ESTATES
Nev. Rev. Stat. 146.070 Estates not exceeding $100,000: Procedure to set aside estate; exceptions; petition; notice; fees; reduction of estate by non-probate transfer; hearing; findings; distribution of interest of minor.
1. If the value of a decedent's estate does not exceed $100,000, the estate may be set aside without administration by the order of the court.[117:107:1941; A 1941, 130; 1931 NCL 9882.117] (NRS A 1963, 1271; 1965, 171; 1973, 431; 1975, 1772; 1981, 1794; 1983, 193; 1989, 647; 1995, 2573; 1997, 113, 1249, 1487; 1999, 2305; 2003, 881, 2512; 2007, 896; 2015, 3530)
Nev. Rev. Stat. 146.080 Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets.
1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent's property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.Small Estates General Summary: Small Estate laws were enacted in order to enable heirs to obtain property of the deceased without probate, or with shortened probate proceedings, provided certain conditions are met. Small estates can be administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available. Small Estate procedures may generally be used regardless of whether there was a Will. In general, the two forms of small estate procedures are recognized:
1. Small Estate Affidavit -Some States allow an affidavit to be executed by the spouse and/or heirs of the deceased and present the affidavit to the holder of property such as a bank to obtain property of the deceased. Other states require that the affidavit be filed with the Court. The main requirement before you may use an affidavit is that the value of the personal and/or real property of the estate not exceed a certain value.Nevada Statues provide the following three small estate or abbreviated probate procedures:
1. Letter of Entitlement pursuant to Section 146.080. This section is only applicable to a states that do not exceed $20,000 and have no assets consisting of real property in Nevada. At least 40 days must have passed since the date of death of the decedent to use this affidavit.Nevada requirements are set forth in the statutes below.
Chapter 145 - SUMMARY ADMINISTRATION OF ESTATES
Nev. Rev, Stat. 145.010 Application of chapter.
The provisions of this chapter apply only to estates of which summary administration is ordered. Upon the granting of summary administration, all regular proceedings and further notices required by this title are waived, except for the notices required by NRS 144.010, 145.060, 145.070 and 145.075.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 2001, 2345)
Nev. Rev. Stat. 145.020 Contents of petition seeking summary administration.
All proceedings taken under this chapter, whether or not the decedent left a will, must be originated by a petition for letters testamentary or letters of administration containing:
1. Jurisdictional information;[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1997, 1487; 1999, 2301; 2009, 1628)
Nev. Rev. Stat. 145.030 Notice required.
Notice of a petition for the probate of a will and the issuance of letters must be given as provided in NRS 155.010.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1975, 1770; 1987, 780; 1989, 647; 1995, 2572; 1999, 2302)
Nev. Rev. Stat. 145.040 Conditions for ordering summary administration.
If it is made to appear to the court that the gross value of the estate, after deducting any encumbrances, does not exceed $300,000, the court may, if deemed advisable considering the nature, character and obligations of the estate, enter an order for a summary administration of the estate.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1965, 172; 1973, 431; 1975, 1770; 1983, 294; 1997, 1487; 1999, 2302; 2007, 896; 2015, 789)
Nev. Rev. Stat. 145.060 Creditors' claims: Notice, filing, approval and payment; procedure if claim of Department of Health and Human Services rejected.
1. A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1975, 1771; 1987, 781; 1995, 2572; 1999, 2302; 2001, 2345; 2003, 881, 2511)
Nev. Rev. Stat. 145.070 Sales of real property: Notice and procedure.
All sales of real property, if summary administration is ordered, must be made upon notice given and in the manner required by chapter 148 of NRS.[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1999, 2303)
Nev. Rev. Stat. 145.075 Hearing and notices required upon filing of final account and petition for distribution.
1. Upon the filing of a final account and petition for distribution of an estate for which summary administration was ordered, the notice of hearing, the account and petition, together with notice of the amount agreed or requested as attorney's fees, must be given to the persons entitled thereto.Nev. Rev. Stat. 145.080 Close of administration and distribution.
The administration of the estate may be closed and distribution made at any time after the expiration of the time for the personal representative to act on the claims, if it appears to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate is in condition to be finally settled.
[Part 308:107:1941; 1931 NCL 9882.308] (NRS A 1971, 1163; 1999, 2303)
Nev. Rev. Stat. 145.110 Revocation of summary administration.
If at any time after the entry of an order for the summary administration of an estate it appears that the gross value of the estate, after deducting any encumbrances, exceeds $300,000 as of the death of the decedent, the personal representative shall petition the court for an order revoking summary administration. The court may, if deemed advisable considering the nature, character and obligations of the estate, provide in its order revoking summary administration that regular administration of the estate may proceed unabated upon providing such portions of the regular proceedings and notices as were dispensed with by the order for summary administration.
(Added to NRS by 1999, 2301; A 2007, 896; 2015, 789)
Chapter 146 – SUPPORT OF FAMILY; SMALL ESTATES
Nev. Rev. Stat. 146.070 Estates not exceeding $100,000: Procedure to set aside estate; exceptions; petition; notice; fees; reduction of estate by non-probate transfer; hearing; findings; distribution of interest of minor.
1. If the value of a decedent's estate does not exceed $100,000, the estate may be set aside without administration by the order of the court.[117:107:1941; A 1941, 130; 1931 NCL 9882.117] (NRS A 1963, 1271; 1965, 171; 1973, 431; 1975, 1772; 1981, 1794; 1983, 193; 1989, 647; 1995, 2573; 1997, 113, 1249, 1487; 1999, 2305; 2003, 881, 2512; 2007, 896; 2015, 3530)
Nev. Rev. Stat. 146.080 Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets.
1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent's property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.