FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

In Nevada, probate proceedings begin when an interested person files a petition in the district court. The court clerk normally sets a hearing date under NRS 132.040. If your petition remains on file without a scheduled hearing, you can take the following steps to request and schedule one:

1. Confirm Court Status: Contact the probate clerk’s office to verify that your petition is complete and awaiting assignment. Ask if any additional documents or fees are outstanding.
2. Prepare a Motion to Set Hearing: Draft a simple motion titled “Motion to Set Probate Hearing” stating that you filed a petition on a specific date and no hearing has been scheduled. Cite NRS 132.040 (time and place for hearing; notice).
3. Propose Available Dates: Include in your motion two or three possible hearing dates that comply with local rules (often 30–45 days after filing). Coordinate with any known counsel for other parties to ensure availability.
4. Serve Interested Parties: Under NRS 132.060, serve a copy of your motion and notice of hearing on all interested parties and file proof of service with the court.
5. File and Submit to Clerk: File the motion, notice, and proof of service with the clerk. Pay any required filing or hearing fees. Request a hearing date from the clerk’s office if not auto-assigned.
6. Confirm the Hearing: Once the court assigns a date, review the minute order or scheduling notice. Verify the date, time, courtroom, and any special instructions for attendance (in‐person or remote).

If the court does not respond within two weeks of your motion filing, follow up in writing or by phone. If necessary, you may also ask for a status conference to explain any delays.

Helpful Hints

• Check the local rules for your specific district court: each county may have unique filing procedures for probate motions.
• Include a proposed order with your motion to streamline clerk and judicial review.
• Serve documents promptly; late service may delay scheduling.
• Use the court’s online case management system (if available) to monitor docket activity.
• Consider contacting an attorney if complex issues arise, such as challenges to the will or competing petitions.