Eighth Judicial Court Rules

Rule 4.03 – Scope of rules.

Rule 4.03. Probate commissioner, generally.

  • (a) All probate and trust proceedings under Title 12 and Chapters 162 through 167 of Title 13 of the NRS are automatically referred to the probate commissioner, subject to Rule 4.08. The probate commissioner shall be deemed a special master as governed and defined under NRCP 53 and these rules.

    (b) A district court judge may refer any other matter to the probate commissioner for recommendation unless prohibited by law. Such referral may be by application of a party to the action or on the judge’s own initiative.

    (c) In any civil action in which the capacity or standing of a party to represent a decedent or an estate is in question, any district court judge may refer the matter to the probate commissioner for determination of standing or capacity. The probate commissioner shall conduct a review of all necessary documents, conduct hearings as needed, prepare and file a written report containing findings, conclusions, and a recommendation for resolution as provided under these rules.

    (d) The probate commissioner shall hear and make recommendations on all matters assigned to the probate commissioner, except those matters that require disqualification or those matters that are referred or removed to the probate judge or the chief judge’s designee as provided under these rules. The probate commissioner shall disclose on the record the basis of the probate commissioner’s disqualification and shall ask the parties and their lawyers to consider, out of the presence of the probate commissioner, whether to waive disqualification. If, following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers all agree that the probate commissioner should not be disqualified, and the probate commissioner is willing to participate, the probate commissioner may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding.

          [Added; effective September 2, 2014.]