Probate in Nevada
When you have lost a loved one, many legal decisions must be made. For assistance during this difficult time, call our compassionate attorneys at 702-515-1500.
What is the Definition of Probate?
“Probate” is the term used when discussing the process of administering the estate of an individual who has passed away. Many people are left wondering what to do when a loved one passes. The individual that has passed is known as the “decedent.” The decedent may leave behind real property (e.g,. house), debts, assets (bank accounts, etc.), personal property, and may or may not have left a Will. Where do you begin?
The first step is to try and locate a Will if one was left behind. This document must be properly recorded in a timely manner, and your attorney will inquire about it right away. If no Will was left behind or you are unable to locate the Will, simply let your attorney know. During your initial consultation, your attorney will ask you a series of questions regarding the decedent and his/her affairs. It is a chance for you to ask questions as well.
The actual Probate process, if necessary, in your case, will involve the filing of the Will (if one exists), notification of all creditors, and the distribution of the decedent’s assets to beneficiaries.
Is there a “Reading of the Will?”
Only in Hollywood! The reading of the Will, while it makes for good TV, is not actually required in any case. Nor, in our experience, has any client ever asked for one to be read.
Different Levels of Probate in Nevada
In Nevada, there are different levels or methods of Probate depending on the value (and makeup) of the estate.
- Affidavit of Entitlement;
- Set-Aside without Administration;
- Summary Administration;
- General Administration.
Affidavit of Entitlement
Nevada law provides a streamlined process for estates that do not include any real property (homes or land) and are valued at less than $25,000 (not including vehicle values). For surviving spouses, this process can also be used if the estate is less than $100,000 and does not include any real property. When at least 40 days have passed after the decedent’s death, the Affidavit of Entitlement process requires you fill it out and sign it in front of a notary. If others who are considered by law to be equal or higher priority than you who are entitled to the estate, you must give them 14 days notice before signing the affidavit.
Set-Aside Without Administration
If the estate is valued less than $100,000 (the sum of the decedent’s assets minus liabilities), it may qualify for a Set-Aside Without Administration. This process can begin 30 days after the decedent’s death. It will involve notifying all of the decedent’s heirs, devisees, and creditors. This process requires a court hearing, but typically fewer hearings than what takes place with larger estates.
For estates valued between $100,00.01 and $300,000, Summary Administration is the procedure used. This procedure is more complex and involves proper notice to different parties, drafting and filing of court documents, and appearances at court hearings. The process involves, but is not limited to, the appointment of a personal representative, Letters of Testamentary issued, the sale of real property, filing and notice of the inventory.
For estates valued over $300,000 general administration is used. This is the most complex form of Probate. This procedure requires drafting and filing of court documents, notice to different parties, appearances at court hearings, and is more complex than even Summary Administration.
Regardless of what level of Probate is required in your situation, our compassionate, experienced, and professional Las Vegas Probate Attorneys will put you at ease as they navigate the complex waters of probate for you so you can concentrate on caring for yourself and loved ones during this time.
Continue reading below for more information about the Probate Process in Nevada. For a free consultation call us today at 702-515-1500 or Schedule Your Consultation online now.
Are Nevada Courts the right Court to use for Probate?
If the answer is “yes” to any of the statements below, Nevada probably has jurisdiction to handle your probate case:
- The decedent lived in Nevada;
- Nevada is where the decedent passed away; or
- The decedent owned property in Nevada at the time of death.
Note that Nevada courts only have jurisdiction over real property in Nevada. This means that if the decedent lived or died in Nevada, Nevada courts have jurisdiction strictly over the property or estate located in Nevada. If there is property in another state, that state’s laws determine how the real property in that state will be distributed. An ancillary probate (meaning additional or supplementary) is required to change title on the property located out of state.
Is Probate Necessary?
If the decedent has property that did not automatically transfer upon death, then probate is likely necessary. At the time of passing, if the decedent left outstanding debts, probate might help resolve the creditors. Probate is also necessary If there is a dispute over who should inherit the decedent’s assets. Probate may not be necessary if there is no property left to transfer. When in doubt, call our Las Vegas Probate Lawyers to determine if Probate is required in your case.
More Questions? Call our Las Vegas Probate Attorneys today for assistance. 702-515-1500 or Schedule Your Consultation online now.