The Petition for Probate of Will and for Issuance of Letters Testamentary is the court form an executor files in Nevada to prove a deceased person’s will is valid and to ask a judge for the legal authority to settle the estate. You file it in the district court of the county where the person lived when they died, and it opens a “general administration” probate case under Nevada Revised Statutes Chapter 136.
Getting this petition wrong is costly. A missing heir, a wrong estate value, or a will that lacks a valid self-proving affidavit can push your first hearing back by weeks and add months to an estate that already takes 6 to 12 months to close. Nevada district courts handle thousands of probate filings each year, and clerks routinely reject petitions over avoidable formatting and signature errors, so precision on page one saves you a second trip and a second filing fee.
In this guide, you will learn:
- 📋 Which exact Nevada petition matches your estate’s size and whether a will exists
- ✍️ How to fill out every line of the petition, box by box, with formatting rules
- 👨👩👧 Three real filled-out examples that follow named executors from start to finish
- 💵 The current filing fees, the 30-day will-lodging deadline, and the penalties for missing them
- ⚠️ The field-level mistakes that get petitions rejected and how to avoid each one
What the Form Is and Who Must File It
The Petition for Probate of Will starts a court case that does two things at once. First, it asks the judge to admit the decedent’s will to probate, which means the court formally declares the will valid. Second, it asks the court to issue Letters Testamentary, the one-page document that proves you are the legal personal representative and lets you access bank accounts, sell property, and pay debts.
The person who files is almost always the executor (also called the personal representative) named in the will. Nevada law under NRS 138.020 gives the named executor the first right to ask for appointment. If that person is dead, unwilling, or unqualified, an heir, a devisee, or a creditor may file instead and ask to serve as administrator with the will annexed.
Not every estate uses this full petition. Nevada has four probate paths, and the right one depends on the estate’s gross value minus debts and mortgages, as explained by the Civil Law Self-Help Center. Estates over $100,000 generally use the full general administration petition described in this guide. Smaller estates may qualify to skip formal administration entirely, which the comparison table below explains.
| Estate Path | When It Applies |
|---|---|
| Affidavit of Entitlement (no court case) | Personal property valued at $25,000 or less, or $100,000 or less if the filer is the surviving spouse |
| Set Aside Without Administration | Total estate value of $100,000 or less after debts |
| Summary Administration | Estate value over $100,000 up to $300,000 |
| General Administration (this petition) | Estate value over $300,000, or any estate the court orders into full administration |
Before You Start: Documents and Information You Need
Gather everything before you open the form, because a half-finished petition with blank exhibits will sit on your desk, not the judge’s. Nevada requires you to attach the original will and to list facts you cannot guess at, so missing items stall the whole case.
- The original signed will, not a copy, because NRS 136.050 requires the original to be lodged with the court, and a copy alone triggers a harder “lost will” proceeding.
- The certified death certificate, because the court needs proof the decedent actually died and the date fixes your filing deadlines.
- The decedent’s full legal name and any aliases, because bank and title records must match the name in your petition or institutions will refuse to release assets.
- The date and county of death, because venue and jurisdiction depend on where the person resided.
- A complete list of heirs and devisees with current addresses, because every one of them must receive mailed notice, and a missing address voids the notice.
- An estimate of the estate’s gross value, split into real property and personal property, because this number sets your filing fee and your probate path.
- The names and addresses of the proposed personal representative and any co-representatives, because the court appoints by exact name.
- Any self-proving affidavit pages from the will, because a will that self-proves under NRS 133.055 skips the step of tracking down living witnesses.
If you cannot find the original will, do not file this petition blind. You will need a separate lost-will petition with extra proof, and that detour can add a month or more to your timeline.
Where to Get the Form and How to Access It
Nevada does not publish one statewide probate petition that every county shares, so where you get the form matters. The most widely used free template comes from the Civil Law Self-Help Center, which serves the Eighth Judicial District Court in Clark County (Las Vegas) and posts fillable PDF packets that include the cover sheet, petition, notice of hearing, certificate of mailing, and proposed order.
For northern Nevada, the Second Judicial District Court in Washoe County (Reno) hosts its own probate forms page with packets keyed to its local rules. Statewide self-represented filers can also start at the Nevada Self-Help Center, which the Administrative Office of the Courts expanded in 2025 to add a dedicated probate section.
Always download the newest version directly from the court that will hear your case, and check the revision date printed in the footer of the PDF before you type a single word. Counties update line numbering and local rule references periodically, and an outdated packet can include a box your court no longer accepts. Print on plain white letter paper, use black ink for signatures, and never staple pages the e-filing system expects as one PDF.
Step-by-Step: How to Fill Out the Petition for Probate of Will Line by Line
The petition follows a fixed order: the caption at the top, then numbered allegations, then your prayer for relief, then the verification and signature. Fill each section in the order it appears, because later sections refer back to facts you state earlier. Throughout this walkthrough, sample entries appear in italics so you can tell what gets typed on the form apart from the instructions.
1. The Caption: Court, County, and Department
The caption is the block at the very top of page one that names the court, the county, and leaves room for the case number and department. It asks which court will hear your case and identifies the estate by the decedent’s name.
To answer it, type the court name on the top line, then the county, then in the title block write In the Matter of the Estate of [DECEDENT’S FULL LEGAL NAME], Deceased. Leave the case number and department lines blank, because the clerk assigns those when you file.
For example, Aisha Bennett files for her late father and types In the Matter of the Estate of ROBERT JAMES BENNETT, Deceased in the title block of the Eighth Judicial District Court, Clark County.
A common nuance is the decedent’s name. If your father went by “Bob Bennett” on his bank accounts but his will says “Robert James Bennett,” list the legal name first and add also known as ROBERT “BOB” BENNETT so asset records line up later.
The most common mistake here is filling in the case number yourself or guessing a department, which confuses the clerk and can route your case to the wrong judge. A frequent misconception is that the caption is just a heading you can rewrite freely; it is the legal identity of your case, and it must match every later document you file word for word.
2. Petitioner’s Name and Status
This section asks who is bringing the petition and what right they have to do so. It identifies you and explains your connection to the decedent and the will.
Answer it by stating your full legal name, then the basis for your standing, such as Petitioner, ROBERT’S daughter and the Executor named in the Will. State plainly whether you are the named executor, an heir, a devisee, or a creditor.
For example, Aisha Bennett writes Petitioner is AISHA BENNETT, the adult daughter of the decedent and the Executor nominated in the decedent’s Last Will and Testament dated 04/12/2019.
A nuance arises when two people are named as co-executors. If your sibling is also named, both of you must be identified here and both must sign, or the court cannot appoint the one who signed alone.
The common mistake is claiming you are the executor when the will actually names someone else first who is still living and willing to serve, which gives that person priority and can get your petition denied. The misconception to drop is that being the oldest child automatically makes you executor; only the will or the statutory priority order decides that.
3. Decedent’s Death Information
This part asks when and where the decedent died and where they lived. It establishes that this court is the right place to hear the case, which lawyers call venue.
To answer, enter the date of death in MM/DD/YYYY format, the place of death, and the decedent’s county of residence at death. Use the exact date printed on the certified death certificate.
For example, Aisha enters that the decedent died on 11/03/2025 in Las Vegas, Clark County, Nevada, and was a resident of Clark County, Nevada at the time of death.
A nuance covers nonresidents. If the decedent lived in California but owned a house in Nevada, you can still probate the Nevada property here, and you state that the decedent owned real property in this county instead of claiming residency.
The common mistake is entering the date you found the body or the date of the funeral instead of the official date of death, which creates a conflict with the death certificate the clerk reviews. A misconception is that you can file in any county you like; venue is fixed by residence or by where the real property sits.
4. Statement That the Decedent Left a Will
This section states that the decedent died with a valid will and gives the date the will was signed. It tells the court a will exists and is the one you want admitted.
Answer it by stating that the decedent left a Last Will and Testament dated on a specific day, that the will is attached as an exhibit, and that you believe it to be the decedent’s last will. Identify the will by its execution date.
For example, Aisha writes that the decedent left a Last Will and Testament dated 04/12/2019, a true and correct copy of which is attached as Exhibit 1, and that she believes it is the decedent’s last valid will.
A nuance is amendments. If there is a codicil that changes the will, list both the will and the codicil with their separate dates, because a court that admits only the will may distribute property the codicil reassigned.
The common mistake is attaching a photocopy as the exhibit while forgetting to lodge the signed original with the clerk, which leaves the court unable to admit the will. A misconception is that a will is automatically valid once signed; Nevada requires two witnesses under NRS 133.040, and a will lacking them faces a contest.
5. Will Validity and the Self-Proving Affidavit
This part addresses how the court will know the will was properly signed and witnessed. It asks whether the will proves itself or whether you must produce witness testimony.
To answer, state whether the will includes a self-proving declaration. If it does, say the will is self-proving under NRS 133.055 and no witness testimony is needed. If it does not, attach a separate witness affidavit (often called the “Affidavit of Attesting Witness”).
For example, Aisha’s father’s will has a notarized page where he and two witnesses signed before a notary, so she states the will is self-proving pursuant to NRS 133.055 and attaches no witness affidavit.
A nuance is a will signed in another state. A will valid where it was signed is generally honored in Nevada, but if it lacks a self-proving page, you still need a witness affidavit or live testimony.
The common mistake is assuming any notarized will is self-proving; the notary must specifically attest to the witnesses’ signatures, not just the testator’s. The misconception to correct is that self-proving means the will cannot be contested; it only removes the routine step of proving signatures, and an interested party can still challenge it.
6. Names and Addresses of Heirs and Devisees
This section lists every person entitled to notice: the legal heirs and everyone named in the will to receive property. It asks who has a stake in the estate so the court can confirm they were told.
Answer by listing each person’s full name, relationship to the decedent, age status (adult or minor), and current mailing address. Include heirs even if the will leaves them nothing, because the law still entitles them to notice.
For example, Aisha lists herself, her brother Marcus Bennett, adult son, 1420 Palm Ave., Henderson, NV 89014, and a niece named in the will at her current address.
A nuance is minors and incapacitated heirs. A minor child still gets listed, and notice goes to the minor’s parent or guardian, because a minor cannot legally receive notice directly.
The common mistake is leaving out a disinherited child to avoid conflict, which is a fatal defect because that child is still an heir entitled to notice and can later void the proceeding. The misconception is that only people who inherit need to be listed; Nevada requires all heirs at law plus all devisees, even those who get nothing.
7. Estate Value and Character of Property
This part asks what the estate is worth and what kind of property it holds. The dollar figure sets your filing fee and confirms you chose the correct probate path.
To answer, state the estimated gross value of the estate, then break it into real property and personal property. Use your best good-faith estimate based on records and recent values; you are not locked into the exact penny.
For example, Aisha states the estate is worth approximately $520,000, consisting of real property valued at $410,000 and personal property valued at $110,000, which places it in general administration.
A nuance is jointly held or beneficiary-designated assets. A house owned in joint tenancy or a life-insurance policy with a named beneficiary passes outside probate and should not be counted in the estate value here.
The common mistake is reporting only the equity in a home instead of its gross value, which understates the estate, picks the wrong probate path, and underpays the fee. The misconception is that you must hire an appraiser before filing; a reasonable estimate is enough to file, and the formal inventory and appraisal come later.
8. Request for Appointment and Bond
This section is your “prayer for relief,” where you ask the court to admit the will, appoint you, and address bond. It tells the judge exactly what orders you want signed.
Answer by asking the court to admit the will to probate, appoint you as personal representative, and issue Letters Testamentary. State whether the will waives bond; if it does, ask the court to appoint you without bond.
For example, Aisha’s father’s will says the executor serves without bond, so she requests the court admit the Will to probate, appoint Petitioner as Executor without bond, and issue Letters Testamentary.
A nuance is when the will is silent on bond. If the will does not waive bond and heirs do not waive it in writing, the court may require a surety bond sized to the estate’s value to protect heirs and creditors.
The common mistake is requesting “without bond” when the will never waived it and no waivers are attached, which forces the court to set a bond and delays your Letters. The misconception is that Letters Testamentary issue automatically with the petition; they issue only after the judge signs the order and you take your oath.
9. Verification and Signature
The final section is the verification, a sworn statement that the facts in the petition are true. It asks you to swear, under penalty of perjury, that what you wrote is accurate.
To answer, sign and date the verification on the signature line, printing your name below it. In Nevada you may sign “under penalty of perjury” under NRS 53.045 without a notary, though some packets still provide a notary block.
For example, Aisha signs the verification, prints AISHA BENNETT, and dates it 12/01/2025 before filing.
A nuance is co-petitioners. If two people petition together, each must sign their own verification, because one person cannot swear to facts on another’s behalf.
The common mistake is filing an unsigned petition, which the clerk rejects on sight and which costs you days of mailing time to fix. The misconception is that a typed name counts as a signature on a verification; the court needs your actual signature, wet ink on paper or a valid electronic signature in the e-filing system.
Three Filled-Out Examples Using Real Scenarios
The scenarios below follow three named executors through the petition’s major sections so you can see how different estates fill out the same form.
Scenario 1: Aisha Bennett — Self-Proving Will, One Executor, Mid-Size Estate
| Form Section | What Aisha Enters |
|---|---|
| Caption | In the Matter of the Estate of ROBERT JAMES BENNETT, Deceased |
| Petitioner and status | AISHA BENNETT, daughter and Executor named in the Will |
| Date and place of death | 11/03/2025, Las Vegas, Clark County, Nevada |
| Will and date | Last Will and Testament dated 04/12/2019, attached as Exhibit 1 |
| Self-proving status | Self-proving under NRS 133.055; no witness affidavit needed |
| Heirs and devisees | Aisha Bennett (daughter); Marcus Bennett (son), Henderson, NV |
| Estate value | $520,000 ($410,000 real, $110,000 personal) |
| Bond | Without bond, as waived in the Will |
| Relief requested | Admit Will, appoint Executor, issue Letters Testamentary |
Scenario 2: Marcus Delgado — Large Estate, House Plus Out-of-State Heirs
| Form Section | What Marcus Enters |
|---|---|
| Caption | In the Matter of the Estate of ELENA MARIE DELGADO, Deceased |
| Petitioner and status | MARCUS DELGADO, son and Executor named in the Will |
| Date and place of death | 09/18/2025, Reno, Washoe County, Nevada |
| Will and date | Last Will and Testament dated 07/01/2021, attached as Exhibit 1 |
| Self-proving status | Self-proving under NRS 133.055 |
| Heirs and devisees | Marcus Delgado (son), Reno NV; Sofia Delgado (daughter), Austin TX |
| Estate value | $1,150,000 ($900,000 real, $250,000 personal) |
| Bond | Without bond; sister Sofia files written waiver of bond |
| Relief requested | Admit Will, appoint Executor without bond, issue Letters Testamentary |
Scenario 3: Janet Pierce — Will With No Self-Proving Affidavit
| Form Section | What Janet Enters |
|---|---|
| Caption | In the Matter of the Estate of HAROLD PIERCE, Deceased |
| Petitioner and status | JANET PIERCE, surviving spouse and Executor named in the Will |
| Date and place of death | 10/22/2025, Las Vegas, Clark County, Nevada |
| Will and date | Last Will and Testament dated 03/15/2008, attached as Exhibit 1 |
| Self-proving status | Not self-proving; Affidavit of Attesting Witness attached as Exhibit 2 |
| Heirs and devisees | Janet Pierce (spouse); David Pierce (son), Las Vegas NV |
| Estate value | $340,000 ($260,000 real, $80,000 personal) |
| Bond | Bond waived by Will and by heir’s written consent |
| Relief requested | Admit Will, appoint Executor, issue Letters Testamentary |
How to File the Completed Form
Once your petition is signed, you file it with the district court clerk in the decedent’s county, pay the fee, and lodge the original will. Nevada offers several filing channels, and the right one depends on your county and whether you have a self-help or attorney account.
E-filing (most common in Clark and Washoe counties): File through the court’s electronic system, such as the Clark County e-filing portal or the Washoe County File & Serve system. Upload the petition and exhibits as a single PDF, pay by credit card, and download the file-stamped copy the system returns as your proof of filing.
In person: Bring your signed petition, the original will, and payment to the clerk’s office at the courthouse. The clerk file-stamps your copy on the spot, which is your proof of filing, and you hand over the original will to be lodged the same day.
By mail: Mail the petition, the original will, and a check to the clerk, along with a self-addressed stamped envelope so the clerk can mail back a file-stamped copy. Mailing is slower and risks loss of the original will, so use certified mail with tracking.
The filing fee depends on the estate’s value under NRS 19.013. No fee is charged when the stated estate value is $2,500 or less, and a tiered fee applies above that, commonly around $72 for mid-size estates, with the Civil Law Self-Help Center listing roughly $537.50 in total opening costs for larger general-administration estates. Accepted payment is usually credit card online or check and cash in person; keep your file-stamped copy and your payment receipt as proof.
What Happens After You File
Filing the petition triggers a court hearing, which the clerk sets weeks out, often 3 to 6 weeks after filing. You must give notice of that hearing to every heir and devisee by mail and publish notice in a local newspaper, then file a certificate of mailing and proof of publication before the hearing date.
At the hearing, if no one objects and your paperwork is complete, the judge signs an order admitting the will and appointing you as personal representative. You then take an oath, post bond if required, and the clerk issues your Letters Testamentary, the document banks and title companies will ask to see.
After appointment, your duties under NRS Chapter 143 begin. You file an inventory and appraisal of the estate within 60 days, give notice to creditors, pay valid debts and taxes, and eventually file a final accounting and petition to distribute the remaining property and close the estate, a process that commonly runs 6 to 12 months.
Mistakes to Avoid When Filling Out the Form
- Filing a copy instead of the original will. The court cannot admit a will it does not physically hold, so your case stalls until the original appears.
- Leaving out a disinherited heir. A missing heir voids the notice, and the proceeding can be reopened later.
- Wrong date of death. A date that conflicts with the death certificate triggers clerk review and rejection.
- Reporting net equity instead of gross value. Understating the estate picks the wrong path and underpays the fee.
- Requesting “without bond” when the will never waived it. The court must then set a bond, delaying your Letters.
- Forgetting to attach the will as an exhibit. The petition references an exhibit that is not there, so it is incomplete.
- Claiming executor status when a higher-priority person is alive and willing. That person’s priority can get your petition denied.
- Skipping the witness affidavit on a non-self-proving will. The court has no way to confirm the will was properly signed.
- Filing an unsigned verification. The clerk rejects unsigned petitions on sight.
- Guessing the case number or department in the caption. It misroutes your case and confuses the clerk.
- Missing the 30-day deadline to lodge the will. NRS 136.050 can expose a will-holder to liability for resulting damages.
- Mismatched names across documents. A name that differs from bank records blocks asset access.
Do’s and Don’ts
Do’s
- Do lodge the original will within 30 days of death, because Nevada law requires it and late lodging can create liability.
- Do list every heir and every devisee with a current address, because each is entitled to mailed notice.
- Do estimate the estate’s gross value in good faith, because that number sets your fee and your probate path.
- Do check the form’s revision date, because counties update line numbering and an old version can be rejected.
- Do keep your file-stamped copy and payment receipt, because they are your proof the case is open.
- Do confirm whether the will waives bond, because that decides whether you must post a surety bond.
Don’ts
- Don’t count joint-tenancy or beneficiary assets in the estate value, because they pass outside probate.
- Don’t fill in the case number yourself, because the clerk assigns it at filing.
- Don’t sign for a co-executor, because each petitioner must sign their own verification.
- Don’t assume a notarized will is self-proving, because the notary must attest to the witnesses specifically.
- Don’t mail the original will without tracking, because a lost original forces a harder lost-will case.
- Don’t skip newspaper publication, because the court requires proof of publication before the hearing.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Pro: No attorney fees, which preserves estate value | Pro: A lawyer catches defects before the clerk rejects them |
| Pro: Free fillable packets exist through the self-help centers | Pro: Faster path through hearings and creditor issues |
| Pro: Full control over timing and communication with heirs | Pro: Statutory attorney fees come from the estate under NRS 150.060, not your pocket |
| Pro: Workable for simple, uncontested, self-proving estates | Pro: Essential when a will contest or creditor dispute arises |
| Pro: Self-help center staff can review forms for completeness | Pro: An attorney handles complex assets, businesses, and tax issues |
| Con: Easy to miss a field that triggers rejection and delay | Con: Fees reduce what heirs ultimately receive |
| Con: You handle notice, publication, and deadlines alone | Con: Less day-to-day control over the case |
| Con: A mistake can reopen the estate months later | Con: Overkill for a small, simple, uncontested estate |
FAQs
Do I file in the county where the decedent died or where they lived?
No. You file in the district court of the county where the decedent resided at death, or where their Nevada real property sits if they lived out of state.
Do I need the original will, or is a copy enough?
No. A copy is not enough; Nevada requires you to lodge the original signed will with the court, and a copy alone forces a harder lost-will proceeding.
Do I write the decedent’s legal name or nickname in the caption?
Yes, use the full legal name first, then add “also known as” with the nickname so bank and title records match the court filing.
Do I list heirs who were disinherited in the will?
Yes. All heirs at law must be listed and given notice, even those left nothing, because leaving one out can void the proceeding.
Do I count a jointly owned house in the estate value box?
No. Property held in joint tenancy passes outside probate, so you exclude it from the estate value you report in the petition.
Do I need a notary to sign the verification?
No. Nevada lets you verify the petition under penalty of perjury without a notary, though some county packets still include an optional notary block.
Do I have to hire an appraiser before filing?
No. A reasonable good-faith estimate of value is enough to file; the formal inventory and appraisal are filed later, within 60 days of appointment.
Do co-executors both have to sign the petition?
Yes. If the will names co-executors who both intend to serve, each must sign their own verification, or the court cannot appoint the one who signed alone.
Do I get Letters Testamentary as soon as I file?
No. Letters issue only after the judge signs the order at the hearing and you take your oath, not at the moment you file the petition.
Do I have to publish notice in a newspaper?
Yes. You must publish notice of the hearing and file proof of publication, along with proof of mailed notice, before the court will proceed.
Do I put the case number in the caption myself?
No. Leave the case number and department blank, because the clerk assigns both when your petition is accepted for filing.
Do small estates need this full petition?
No. Estates of $100,000 or less can often use a set-aside or affidavit process instead, and only larger estates need full general administration.
Do I owe a filing fee if the estate is tiny?
No. Under NRS 19.013, no fee is charged when the stated estate value is $2,500 or less; larger estates pay a tiered fee.
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