A Comprehensive Overview of Nevada Probate Forms
Why You Need an Attorney for Probate in Nevada
The surviving spouse must undergo probate when a loved one dies. The Nevada probate process usually refers to administrating the real property and estates of the deceased. This often involves the court administration of the decedent’s estate that died intestate.
After the decedent’s death, one of the most important things for the surviving spouse is to obtain probate documents. There are different types of probate forms in Nevada that you may use to file probate, which we detail below.
Probate Forms in Nevada
It is critical to remember that any document legal forms you sign at the beginning is just the starting point of the probate process. However, you should be aware that probate documents may vary in style and content, and each court may have specific requirements.
As such, it is essential to note the court for which you are filing the probate form so that you can file according to the requirements of that court. Contacting the court clerk where you are filing is essential to meet the content, formatting, and procedural requirements.
When finding forms, the starting point is to visit court websites and any self-help center with resources and information on obtaining the forms. These include:
- Second Judicial District Court Packets & Forms for Washoe County
- State of Nevada Self-Help Center for all Counties in the state
- Family Law Self-Help Center for Clark County
- Civil Law Self-Help Center for Clark County
Note that this list is simply a starting point; you can find other sources for forms and documentation.
If you are the surviving spouse or administrator of the estates of a deceased loved one, you will benefit from the assistance of an estate planning attorney. The estate planning attorneys at the Wood Law Group have extensive experience and skills working on similar cases. We may help by providing the services you need in the probate process.
We understand that this process can be overwhelming. We are here to help you make it easier and simpler. Contact us today for a free consultation.
Nevada Probate Process
Probate refers to the legal process of transferring a deceased person’s assets to their beneficiaries or heirs according to their will. Probate is typically required when a person passes away, and they do not have a mechanism in place, such as Transfer on Death, Pay on Death, or Rights of Survivorship designations.
Wills do not automatically transfer the legal title of assets or an estate to beneficiaries. Instead, a will directs an executor or court on who is entitled to the deceased’s estate. Through the process, the transfer of entitlement is made legally binding.
If a person dies without their assets in their name, you will not need to undergo the probate process. This is usually the case for deceased persons with instruments such as living trusts that own all their assets.
In instances where a person has their property in their name, their estate may be subjected to the probate process, which usually includes the following process:
- Appointment of an administrator or executor to handle the probate process.
- Gathering the property owned by the deceased
- Notifying beneficiaries, creditors, and heirs
- Handling taxes and debts
- Concluding business affairs
- Transferring legal title to the beneficiaries and heirs
- Filing federal, state, or any other necessary documentation in court
If you are looking for legal advice or representation, you require the services of an estate planning and probate lawyer.
At the Wood Law Group, we have experience in cases ranging from preparing an affidavit to the requisition of probate forms. We have successfully assisted many clients needing our services over the years, and we may assist you, too.
Nevada Probate Rules on Succession
It is only when a person dies intestate without estate planning documents or a will that their property will be distributed according to the Nevada laws on succession. The succession statutes offer an effective way to transfer the deceased’s property to their heirs according to their relationship with the deceased.
For instance, if a person dies without estate planning documents or a will in Nevada, the probate court will follow a particular process in distributing their property.
- If a deceased dies with one child and a spouse, half of their estate will go to the child and the other half to the surviving spouse.
- If the deceased dies with a spouse and more than one child, the wife or husband gets one-third, and the children will split the remainder.
- If the deceased died with a spouse and no children, half of the estate would go to their spouse, one-fourth to their father, and one-fourth to their mother if both are alive.
- If the deceased dies with a spouse, no parents, and no children, half will go to the surviving wife or husband and the other half in equal shares to the decedent’s siblings.
- If the deceased died with no spouse or direct descendants, the estate would go half to the mother and half to the deceased’s father if both are alive.
- The entire estate passes to the surviving spouse if there are no direct descendants and no siblings, mother, or father.
- Suppose the deceased died without direct descendants, spouse or mother, and father living. In that case, the estate will be shared between the deceased’s siblings and the lawful descendants of any of the decedent’s sisters or brothers by right of representation.
- If the deceased leaves no direct descendants, mother or father, surviving spouse or siblings, the property will pass equally to the next of kin.
- If the deceased dies with no surviving spouse but still has children, the estate will be split by right of representation.
- If the deceased died with no kindred or surviving spouses, their estate would pass to the state for educational purposes.
The rules of probate are many, varied, and complicated for the layperson to understand, which is why you need the services of an estate planning attorney. This is where the Wood Law Group comes in, as we are well-versed in all aspects of probate law and may be able to help you procure forms and any other documentation you need.
Nevada Probate Court Forms
There are many different kinds of forms that you can obtain from different organizations in Nevada. Some of the forms include:
- Affidavit of Entitlement for estates
- Generic affidavit
- Certificate of mailing
- Motion to consolidate
- Ex Parte Petition for an order of cremation
- Creditors claim
- Petition for Order of Discharge
- Inventory, appraisal, and/or record of value
- Ex Parte Petition for an order to release medical records
- Petition to redact personal information
- Ex Parte Petition for the order to open a safe deposit box
- Petition to set aside without administration
- Petition to set aside without administration and to prove will
- Petition for special letters of administration
- Request to close case and status report
- Petition for an order directing the transfer of property
Nevada Probate Rules and Frequently Asked Questions
Given how critical probate can be, many people have questions, some of which include:
What Are the Duties of an Executor or Administrator?
The executor is charged with several obligations that include:
- Safeguarding the assets and property of the deceased’s estate
- Mailing a notice to the decedent’s creditors, devisees, and heirs
- Making an inventory of the estate, including all property held in the deceased’s name
- Submitting inventories or accounts to the court as needed
- Paying the expenses and debts of the deceased, including credit card bills, medical expenses, and funeral and burial expenses
- Payment of any state or federal taxes
- Distribution of the deceased’s estate to his beneficiaries or if there is no will to the heirs designated by the state statute
How Can You Avoid Probate?
In most instances, a decedent’s property would be subjected to probate. Some assets, such as CDs or insurance policies, would name a beneficiary or automatically pass to a surviving joint owner.
If the deceased owned less than a certain amount of property, the estate might be subjected to small estate administration rather than probate.
Assets held in an account, trust, or policy with a financial institution or insurer with an explicitly named beneficiary will usually not be subjected to probate. Moreover, transfer on death or survivorship accounts is not subject to probate.
Property held in trust will usually pass according to the set terms of the trust. One of the most effective ways to ensure that an asset is not subjected to probate is to include a “pour-over” clause in a trust, which exempts the property from the process.
Motor vehicle titles or bank accounts may also specify a beneficiary upon death, exempting such assets from the probate process.
Sometimes, an heirship affidavit could be used instead of probate when the property involved is a small estate.
How Long Does the Probate Process Take?
Several factors may impact how much time it takes, including:
- The type, nature, and value of property owned by the decedent at the time of death
- Disagreements and conflicts between beneficiaries, heirs, or potential beneficiaries or heirs
- Whether the decedent passed away intestate or if there is a will
Probate can take a few days, months, or even years, mainly if the entitlement could run very high, as the heirs and beneficiaries will typically fight over how much and who gets what.
How Can I Get a Letter of Administration in Nevada?
The first step is to file a petition for letters of administration (or letters of testamentary) with the court. The application must be filed in the county where the decedent resided at the time of their death.
The probate court will require that interested parties, such as beneficiaries and heirs, be notified of the hearing on the petition for letters of administration. After the hearing, the court will issue letters of administration to the person or persons named in the petition.
Who Can Administer Estate in Nevada If There is No Will?
The court will appoint an administrator to handle the estate if there is no will. The administrator is typically a close relative, such as a spouse or child. However, any interested party may petition the court to be appointed administrator.
The administrator is responsible for doing all of the duties that an executor would do if there were a will, such as collecting the assets, paying debts and taxes, and distributing any remaining property per state law.
The Wood Law Group can assist you with any of these matters. We have extensive experience in Nevada probate law and can help you understand the rules, regulations, and forms involved. Contact us today for a consultation and to review your situation.
Get Legal Help From Experienced Las Vegas Probate Attorneys
The probate process can be complex and challenging. Our experienced Las Vegas probate lawyers are here to help at the Wood Law Group. We have the knowledge and experience you need to ensure that your loved one’s estate is administered correctly per Nevada law. Contact us today for a consultation.