Detailed Answer
Short answer: Sometimes. In Nevada, courts often will enter a consent order (also called a stipulation and order) that disposes of a claim or directs distribution of funds without an oral hearing if the parties agree and there are no statutory or procedural barriers. But some kinds of sales and distributions typically require court supervision or an express statutory procedure, so you cannot always “skip” a hearing simply by agreement.
How consent orders work in Nevada
A consent order is a written document that the parties submit to the judge asking the court to enter judgment, dismiss a case, or direct a particular action (for example, distribution of money from a sale). Nevada courts will generally sign and enter a consent order if it is properly supported, executed by the necessary parties (and their counsel), and does not conflict with law or public policy. The Nevada Rules of Civil Procedure and local court rules govern the format and filing of stipulations and proposed orders; courts also retain discretion to require a hearing.
See Nevada Rules of Civil Procedure and related court rules for procedural requirements: https://nvcourts.gov/Supreme/Court_Rules/Rules_of_Civil_Procedure/
When a consent order is usually acceptable to avoid a hearing
- Both (all) parties and known lienholders sign a clear agreement about how to divide sale proceeds.
- The agreement does not affect third parties who are not joined and whose rights could be impaired.
- All statutory notice and filing requirements have been met (for example notice to creditors when required).
- The proposed order is supported by proper documentation (accounts, payoff statements, lien releases, etc.).
- No party objects or asks the court for a hearing to resolve disputed facts or legal issues.
When a hearing is likely required despite a consent agreement
Certain matters commonly require active court oversight or a judicial determination and therefore are unlikely to be resolved solely by filing a consent order without a hearing. Examples include:
- Matters affecting minors or persons under guardianship: settlements that release a minor’s claim or distribute a minor’s money often require court approval or a guardian ad litem review to protect the minor’s interests.
- Probate, conservatorship, or guardianship estate sales and distributions governed by probate statutes or local probate procedures.
- Judicial sales and some foreclosure-confirmation procedures where statute or rule requires notice, accounting, or confirmation (allowing the court to determine lien priorities, surplus distribution, or challenge redemption rights).
- Receivership, bankruptcy, or other insolvency proceedings where a receiver, trustee, or bankruptcy court controls distributions.
- Disputes over entitlement to funds, lien priorities, distribution amounts, or whether the sale itself was proper—these often require an evidentiary hearing.
Practical steps to try to resolve distribution by consent order
- Identify all parties and potential claimants to the sale proceeds (co-owners, lienholders, judgment creditors, taxing authorities).
- Obtain written releases or payoff statements from lienholders and any necessary lien satisfactions.
- Draft a clear stipulation and proposed consent order that allocates the net proceeds, accounts for costs and attorney fees, and states how remaining funds will be distributed or held in trust.
- File the stipulation and proposed order with the court along with supporting exhibits (payoff statements, signed releases, accounting). Follow NRCP and local rules for submission: https://nvcourts.gov/Supreme/Court_Rules/Rules_of_Civil_Procedure/
- Serve or provide notice to any person statutorily entitled to notice. If you cannot obtain agreement from a party or an interested person cannot be located, the court may require a hearing or special notice procedures under Nevada law, and you should consult NRS guidance: https://www.leg.state.nv.us/NRS/
- Ask the clerk whether the judge will enter the order on papers or whether the judge prefers a short hearing. Be prepared to explain why no hearing is needed and to provide evidence supporting the distribution.
Hypothetical example
Two co-owners jointly sell a rental home and agree to split net proceeds after paying a mortgage payoff and taxes. They obtain a payoff statement from the mortgage company, obtain lien releases, and sign a stipulation allocating the net funds 60/40. They submit a proposed consent order with the court that lists payoffs, the cost of sale, and the agreed split. The court reviews the documents, confirms that no other creditors or interested parties are known, and signs the consent order without an oral hearing. The clerk then distributes the funds according to the order.
When you should consider court involvement or an attorney
Seek court involvement or legal advice if any of the following apply:
- There are competing claims to the money or to the property.
- Parties cannot agree on allocation, liens, or costs.
- Funds involve minors, incompetents, probate estates, receiverships or bankruptcy.
- You are unsure whether required notices or statutory procedures have been followed.
Key Nevada resources
- Nevada Rules of Civil Procedure and court rules (procedures for filings, stipulations, and proposed orders): https://nvcourts.gov/Supreme/Court_Rules/Rules_of_Civil_Procedure/
- Nevada Revised Statutes (search statutes that may govern sales, probate, guardianship, and foreclosure procedures): https://www.leg.state.nv.us/NRS/
Bottom line
You can often use a consent order in Nevada to avoid an oral hearing and direct distribution of sale proceeds — provided all parties and necessary claimants agree, statutory notice requirements are met, and the judge finds the order lawful. However, some types of sales and distributions are governed by statutes or special procedures that make a hearing or court supervision necessary. When in doubt, confirm procedural requirements with the court clerk and consider consulting an attorney to make sure all parties and lienholders are properly handled.
Helpful Hints
- Don’t assume a clerk can sign a judge’s order—some judges require a brief hearing even for agreed orders. Ask the court clerk about local practice.
- Get written payoff statements and lien releases. A consent order that directs distribution without clearing liens can expose parties to future claims.
- If minors or incapacitated persons are involved, expect stricter court scrutiny and likely a hearing.
- File a proposed order that clearly lists calculations: gross sale price, costs of sale, payoffs, liens, fees, and the net distributable amount. Clear math reduces the chance of a hearing.
- Record or register any required releases or satisfaction documents promptly to clear title and avoid later disputes.
- When multiple counties or out-of-state lienholders exist, confirm service and jurisdictional requirements before relying on a consent order.
Disclaimer: This article explains general Nevada procedure and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed Nevada attorney.