Clark County Probate Court Audit Underway

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Probate Commissioner Wesley Yamashita addresses the Probate Bench/Bar meeting in Las Vegas, Nevada on February 6, 2017.
Probate Commissioner Wesley Yamashita addresses the Probate Bench/Bar meeting in Las Vegas, Nevada on February 6, 2017.  The Court is currently performing an audit of all probate cases in Clark County, Nevada.

An audit of all open probate cases in Clark County, Nevada is underway.  The Probate Section of the State Bar of Nevada held a Bench/Bar Meeting on February 6, 2017.  The meeting addressed and provided information about the ongoing audit.

The District Court hired a full-time employee in October 2016 to begin auditing the probate cases which are currently open in the Clark County Probate Court.  According to the information presented, there are approximately 12,000 probate cases which are open.

The audit has identified three categories of unresolved probate cases:

  • In the first group, probate administration is complete.  However, formal closure has yet to occur.
  • In the second group, someone has filed a probate petition. However, Letters of Administration/Letters Testamentary have not issued.
  • In the third group, the Court has issued Letters.  However, for whatever reason, administration is not complete and the Court has not issued a final discharge order.

The judges are concerned with the audit’s third category.  In these cases, someone started administration of the estate.  However, for whatever reason, the administration is not complete. The Court may schedule a hearing to inquire as to the reasons why administration of the estate is not complete. If necessary, the Court may issue an Order to Show Cause if issues remain unresolved.

Additionally, Judge Gloria Sturman reminded everyone that through this process, the Court will close some cases as “statistically closed” under EDCR 2.90. 1)“Any civil case which has been pending for more than 12 months and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice.” EDCR 2.90(a). However, EDCR 2.90 does not apply to probate matters.  A statistical closure doesn’t necessarily indicate an adjudication on the merits.  It’s simply a matter of docket management.  See Brown v. MHC STAGECOACH, LLC, 301 P. 3d 850 (Nev. 2013). A party or attorney must file a motion to reopen a statistically closed case.  Accordingly, the motion must simply state the reason why you want the case reopened.

 

 

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References   [ + ]

1. “Any civil case which has been pending for more than 12 months and in which no action has been taken for more than 6 months may be dismissed, on the court’s own initiative, without prejudice.” EDCR 2.90(a).