EX PARTE PETITION FOR ORDER TO OPEN SAFE DEPOSIT BOX PR 1

Transcription

1 EX PARTE PETITION FOR ORDER TO OPEN SAFE DEPOSIT BOX PR 1 The District Court Filing Office is located on the first floor at: 75 Court Street Reno, NV 89501

2 EX PARTE PETITION FOR ORDER TO OPEN SAFE DEPOSIT BOX PACKET PR-1 INSTRUCTIONS FOR COMPLETING FORMS CAREFULLY READ ALL INSTRUCTIONS BEFORE STARTING TO FILL OUT ANY OF THE FORMS Use black or blue ink only. Neatly type or print the information requested. Do not use correction fluid/tape on the forms. This packet contains the following forms: 1. Ex Parte Petition for Order to Open Safe Deposit Box 2. Index of Exhibits and Exhibit Cover Page 3. Request for Submission 4. Inventory 5. Index of Exhibits and Exhibit Cover Page DO NOT COPY OR FILE THIS PAGE The penalty for willfully making a false statement under penalty of perjury is a minimum of 1 year, and a maximum of 4 years in prison, in addition to a fine of not more than $5, N.R.S REV KV 11/16 PR1 VISUAL INSTRUCTIONS

3 INSTRUCTIONS: STEP 1 Complete the Ex Parte Petition for Order to Open Safe Deposit Box as Shown: A certified copy of the decedent s death certificate OR other proof of death must be attached as Exhibit 1. 1) Print your name, address, telephone number, and address. You will be assigned a case number when you file the Petition with the Court. 2) Print the Decedent s name. 3) Complete pages 1-3 following the instructions on each page. DO NOT COPY OR FILE THIS PAGE REV KV 11/16 PR1 VISUAL INSTRUCTIONS

4 Code: 3615 Name: Address: Telephone: Self-Represented Litigant IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 8 IN AND FOR THE COUNTY OF WASHOE 9 10 IN THE MATTER OF THE ESTATE OF: , Deceased. / Case No. Dept. No. PR 14 EX PARTE PETITION FOR ORDER TO OPEN SAFE DEPOSIT BOX I, a self-represented litigant, allege as follows: I am the of Decedent,, and (Decedent s name) (Your relationship to Decedent) reside at. (Your Street address, City, State, and Zip Code) Decedent died on, in, (Date, to include month, day, year) and on the date of death, Decedent resided at (Street address and City) (County where death occurred), Washoe County, Nevada. A certified copy of DECEDENT S DEATH CERTIFICATE OR OTHER PROOF OF DEATH is attached as Exhibit Jurisdiction is proper in this proceeding. 4. The names, relationships, ages of minors and residence addresses of all the devisees, 1 REV 4/2015 ER EX PARTE PETITION SAFE DEPOSIT BOX

5 1 2 legatees, heirs, and next-of-kin of Decedent, as known to me, are (include spouse, parents, siblings, and all children of Decedent, even if estranged or out of State (if address is unknown, write 3 unknown)): 4 Name 5 6 Address (1) 7 (2) 8 (3) 9 (4) 10 Relationship/Age (5) 11 (6) 12 If more room is needed, attach additional sheets Decedent, at the time of death, was the holder of a safe deposit box at 15 (Name and address of bank) The box number is and the location of the key is: Check any one or more of the following as the reason(s) for the request: 21 I believe Decedent may have executed a Last Will and Testament, but it has not been 22 located among the Decedent s personal effects, and would most probably be in the 23 Decedent s safe deposit box. 24 I believe that there may be other documents or items in the box, which will 25 assist with the preservation of the Estate. 26 Other (please explain): REV 4/2015 ER EX PARTE PETITION SAFE DEPOSIT BOX

6 WHEREFORE, I pray: 1. That the Court make and enter an Order directing the officers of 7 (Name of bank) 8 to open the safe deposit box rented by 9 10 Decedent, in my presence, for the purpose of inventorying the contents of the box and determining if the Last Will of Decedent, or any other documents or items which will assist with the 11 preservation of the Estate, are contained therein; and If such Will or similar document is found, directing that it be removed by me and deposited with the Clerk of this Court, and that such safe deposit box be then re-locked until such time as further ordered by this Court. 16 I declare, under penalty of perjury under the law of the State of Nevada, that I have read the 17 foregoing document and know the contents thereof, and the contents are true of my own knowledge, except for those matters stated therein on information and belief, and, as to those matters, I believe them to be true. 20 This document does not contain the Social Security number of any person Date: 23 Your Signature: Print Your Name: REV 4/2015 ER EX PARTE PETITION SAFE DEPOSIT BOX

7 INSTRUCTIONS: STEP 2 Complete the Index of Exhibits and Exhibit Cover Sheet(s) as Shown: 1) Write the exhibit number, number of pages (not including the Exhibit Cover Page), and a description for each exhibit. If more space is needed, attach additional sheets. 2) Attach the Index of Exhibits to the document after the last page of the document, before any exhibits. 3) For each exhibit, create a numbered Exhibit Cover Page. 4) Write the exhibit number on the Exhibit Cover Page. 5) Attach the correct Exhibit Cover Page to the front of each exhibit. 6) Attach your exhibits in the order listed on the Index of Exhibits. REV KV 11/16 PR1 VISUAL INSTRUCTIONS

8 INDEX OF EXHIBITS Exhibit Number

9 EXHIBIT EXHIBIT EXHIBIT

10 INSTRUCTIONS: STEP 3 Complete the Request for Submission as Shown: 1) Print your name, address, telephone number, and address. 2) Print the Decedent s name. 3) Print your name. 4) Print the date the Petition was filed. 5) Date, sign, and print your name. DO NOT COPY OR FILE THIS PAGE REV KV 11/16 PR1 VISUAL INSTRUCTIONS

11 Code: 3860 Name: Address: Telephone: Self-Represented Litigant IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 8 IN AND FOR THE COUNTY OF WASHOE IN THE MATTER OF THE ESTATE OF: , Deceased. / Case No. Dept. No. PR REQUEST FOR SUBMISSION I,, request that the (Print your name) Ex Parte Petition For Order to Open Safe Deposit Box that was filed on (Date Petition was filed) be submitted to the Court for decision. This document does not contain the Social Security Number of any person. 23 Date: Signature: 24 Print Your Name: REV 4/2015 ER REQUEST FOR SUBMISSION - SAFE DEPOSIT BOX

12 INSTRUCTIONS: STEP 4 Filing the Documents All documents in Probate cases must be electronically filed (E-Filed). To E-File, you must sign up for an E-Flex account by going to You will need to scan the original document and upload to E-Flex. E-Flex is available online or in the Filing Office. Assistance with E-Filing is available at the Filing Office, Law Library, or Self Help Center. The Filing Office and Law Library are located on the first floor of the Courthouse at 75 Court Street, Reno, Nevada, The Self Help Center is located on the first floor of the Courthouse at One South Sierra Street, Reno, Nevada, Scanner and copy machines are available at the Law Library. There is a per page charge for copying. STOP Once you receive the Court Order, proceed to Step 6. DO NOT COPY OR FILE THIS PAGE Any additional documents regarding this decedent shall be filed with this case number. REV JB 01/16 PR1 VISUAL INSTRUCTIONS

13 INSTRUCTIONS: STEP 5 Filing an Inventory of the Safe Deposit Box: You must complete and file an Inventory of the Safe Deposit Box within 30 days of the date of the Court s Order, or as the Order may otherwise state. The Bank will provide you with a copy of the Inventory Form that they complete at the time of the opening of the box. Attach that Form as Exhibit 1 to the Court s Inventory (SEE INSTRUCTIONS: STEP 3) and file with the Clerk of Court (SEE INSTRUCTIONS: STEP 5). 1) Print your name, address, telephone number, and address. 2) Print the Decedent s name and the case number just as they appear on all other documents in this case. 3) Print the date you went to the bank, the name and address of the bank, and the Safe Deposit Box number. 4) Check the correct box. If contents were found, attach the Inventory as Exhibit 1. 5) Date, sign, and print your name. REV KV 11/16 PR1 VISUAL INSTRUCTIONS

14 Code: 1815 Name: Address: Telephone: Self-Represented Litigant 5 6 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA 7 IN AND FOR THE COUNTY OF WASHOE 8 9 IN THE MATTER OF THE ESTATE OF: , Deceased. / Case No. Dept. No. PR 13 INVENTORY OF SAFE DEPOSIT BOX On, I went to (Date of bank visit), to open and inventory Safe Deposit Box No (Name and address of bank) NO CONTENTS FOUND OR CONTENTS FOUND, and the Inventory is attached as Exhibit I declare, under penalty of perjury under the law of the State of Nevada, that I have read the 22 foregoing document and know the contents thereof, and the contents are true of my own 23 knowledge, except for those matters stated therein on information and belief, and, as to those 24 matters, I believe them to be true. 25 This document does not contain the Social Security number of any person Date: 28 Your Signature: Print Your Name: REV ER 4/2015 INVENTORY SAFE DEPOSIT BOX

15 INDEX OF EXHIBITS Exhibit Number

16 EXHIBIT EXHIBIT EXHIBIT

17 Legal Assistance The information in this packet is provided as a courtesy only. This packet is not a substitute for the advice of an attorney. Counsel is always recommended for legal matters. If you do not have an attorney, you are encouraged to seek the advice of a licensed attorney or visit the Family Court Self Help Center, which is located at One South Sierra Street, Reno, NV. The Family Court Self Help Center cannot give legal advice but can give information regarding court procedures. You may also wish to speak with a lawyer at no cost through the Law Library s Lawyer in the Library program, or to seek assistance from other free or reduced-cost legal resources in the area, to include: LAWYER IN THE LIBRARY First Floor (to the left of the filing office) of the courthouse located at: 75 Court Street, Reno, NV. (775) rd Wednesday Evening of the Month Arrive by 4:25 p.m. NEVADA LEGAL SERVICES 204 Marsh Avenue Reno, NV (775) x 237 leave message if necessary WASHOE LEGAL SERVICES 299 S. Arlington Avenue Reno, NV (775) leave message if necessary DO NOT COPY OR FILE THIS PAGE REV ER 4/15 PR1 VISUAL INSTRUCTIONS

18 The following definitions and explanations are only to be used as general guidance. The definitions provided do not explain the entire legal meaning or importance of the terms. A private attorney, licensed to practice in the State of Nevada, or a representative of one of the local legal resource agencies can provide you with a full explanation of the terms. Testate: A person who dies leaving a will. Intestate: A person who dies without leaving a will. Estate: The possessions, property, and debt left by a person at death. Heir: Persons, including the surviving spouse and the state, who are entitled by intestate succession to the property of a person who has died. Beneficiary: A broad definition for any person or entity who is to receive assets or profits from an estate, a trust, an insurance policy or any legal document in which there is distribution. Devisee: A person who receives a gift of real property by a will. Legatee: A person or organization receiving a gift of an object or money under the terms of the will of a person who has died. Personal Representative: Person(s) who manages the decedent s estate, including an executor, an administrator, a successor personal representative, and/or a special administrator. Intestate Succession: The inheritance of an ancestor's property according to the laws that are applied when the deceased does not have a valid will. Chapter 134 of Nevada Revised Statutes. Inventory: A description of the decedent s assets and debts. An inventory must include all the decedent s estate, wherever situated, that is subject to the jurisdiction of the court. The inventory must contain: - The entire estate of the decedent. - A statement of all receivables, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money, belonging to the decedent, specifying the name of the debtor in each security, the date, the sum originally payable, any endorsements with their dates, and the sum which, in the judgment of the appraiser, may be collectible on each debt, interest or security. - Mortgages of any kind on the real and personal property of the estate. The inventory must show: - So far as can be determined, what portion of the estate is community property and what portion is the separate property of the decedent. - An account of all money belonging to the decedent that has come into the possession of the personal representative. DO NOT COPY OR FILE THIS PAGE