Probate Resolution Process in Nevada
There are many reasons why you might need to go through the probate process. Learn about the probate process in Nevada and how to make it easier.
What is Probate, and Why Does Nevada Have a Probate Court?
Probate is the legal process that settles someone’s affairs after they pass away. In Nevada, the probate process includes proving the validity of a will, identifying the decedent’s property and assets, and transferring them to their rightful heirs.
Title 12 of the Nevada Revised Statutes, Part IV of the Eighth Judicial District Rules (in Clark County), Nevada Rules of Civil Procedure, and published Nevada Probate Court rulings control probate in Nevada. This combination of guidelines is what makes Nevada law a little bit different than other states when it comes to estate administration.
Types of Estate Proceedings in Nevada
There are a few types of estate proceedings in Nevada:
- General administration
- Summary administration
- Set aside estate
- Small estate affidavit
- Ancillary probate
For the most part, we will focus on general probate administration and summary administration on this page. But, if you have questions about other types of estate proceedings, the team at Wood Law Group is ready to assist you.
Probate Process in Nevada
In Nevada, to open a probate proceeding, you need to file a petition to open probate and submit it along with a copy of the decedent’s death certificate and a file-stamped copy of the last will.
If the decedent (the person who has passed away) died intestate (without a will), legal steps or probate estate must be followed to distribute their property. In addition, if there’s no will, or if the will is invalid, then state law determines who gets what and how it’s distributed among family members and others who are interested in it.
General administration in probate court is necessary if your estate is worth more than $300,000 in Nevada.
The purpose of probate is not only to provide for the distribution of assets after the decedent’s death but also to protect creditors by ensuring they receive payment for their claims against the deceased person’s estate before anyone else receives any money or assets from it. The assets could be real property or balance.
However, if the personal representative files the last will and testament with the court, the probate judge will consider it. The personal representative
How Long Does Probate Take in Nevada?
In Nevada, a probate petition can take a minimum of 120 to 180 days to complete. The length of time depends on how complicated your case is and how quickly your Executor moves through the process.
Here are some factors that may increase or decrease your case’s length:
The size of the estate: The more money and assets in the decedent’s estate, the more work it takes to get everything settled and distributed properly.
How long it took for a personal representative (Executor) to be appointed: If you didn’t specify an executor (or if none could be found), a judge would have to appoint one, which could take several months. Suppose all parties agree on who should be appointed as personal representative (Executor). In that case, this process could take less time than if disagreements about who should be in charge of administering the estate.
If there are multiple beneficiaries: When multiple beneficiaries are involved in your estate, it can take longer to sort out who gets what.
If the estate is being contested: If someone is contesting your will or the way your Executor handles the estate, that can add months or even years to the probate process.
Probate Court Dispute Resolution Services in Nevada
When dealing with a probate dispute, you must know your rights and responsibilities.
Here are the general steps of the probate process:
- The first thing to do is file a petition with the appropriate court.
- The petitioner must then give notice to all of the decedent’s heirs and any statutory heirs (if no will exists).
- A Personal Representative may be appointed by the court if there are no willing heirs.
- The Executor’s job is to inventory and appraise all estate assets, pay off the estate debts/creditor claims (if there are any), pay any federal estate tax return, and finally distribute the remaining assets to the beneficiaries like the decedent’s surviving spouse.
Disputes can arise anywhere in the process. If someone disagrees with what the will says, if there are assets that the decedent’s family members did not previously know about, or if someone believes the distribution is unfair — all of these situations can lead to a dispute.
In that case, mediation or litigation may be the next step.
With our experience as Las Vegas probate lawyers, we can help you navigate this difficult process by providing effective representation during probate hearings or mediation sessions. Ideally, we can help you reach a peaceful resolution.
Common Misconceptions about Working with a Nevada Probate Lawyer
Regarding probate law and estate planning, there is a lot of misinformation floating around. For example, some people believe that probate is only for the wealthy or elderly.
The truth is that anyone with assets and property can benefit from having a Nevada probate lawyer on their side. Even if you don’t have large sums of money or property, having an understanding of Nevada law and the probate process can help ensure that your wishes are followed when distributing those assets after your death.
If you have questions about Nevada probate law or need help with estate planning and administration, contact Wood Law Group, a trusted estate planning attorney in Las Vegas.
How Can a Probate Attorney in Nevada Help You?
The probate process can be a long, complicated and confusing one. Many different aspects need to be taken care of, and knowing where to start is not easy.
If you need help with probate, you might consider hiring a probate attorney in Nevada. These lawyers have experience in this area and can help you move through probate quickly and efficiently.
Here are some ways that a probate attorney in Las Vegas, Nevada, can help you.
They May Help You Get Through the Process Faster
Many people are afraid that it will take forever if they go through the probate process on their own. A probate attorney knows exactly what needs to be done and can help ensure that no mistakes or errors are made along the way, so there are not any inadvertent delays in the process.
They Know How the System Works
Regarding probate law, there is no uniform set of rules that applies across all states. Instead, each state has its laws and procedures for handling the cases. A Nevada probate and trust lawyer can guide you through the process and help you understand how it works in this state. They can also help you understand the expected timelines, process the documents at each stage of probate, and more.
They Can Help You Avoid Mistakes
Probate attorneys have extensive experience working with estates, so they know what mistakes people tend to make when dealing with probates. They will strive to prevent these mistakes and help ensure that your case goes smoothly through every process step.
How Much Does ItCost to Hire an Attorney for Probate in Nevada?
The cost of hiring an attorney for probate proceedings depends on several factors, including the attorney’s experience and case complications. You would need to compare the skills, experience, areas of practice, and how complicated your case is. Some attorneys charge a small percentage of estate value at the end of the case. However, some charge a fixed rate or hourly rate. The attorney fees might differ in different areas.
Work with Skilled Probate Attorneys
If you’re in the market for a will or you are dealing with the probate proceeding of a loved one in Nevada, reach out to Wood Law Group. Our attorneys have the skills and experience to help you understand your legal options. We offer free consultations and would be more than happy to answer any questions you have.