What Is the Process of Probate in Nevada?

What Is the Process of Probate in Nevada?

Posted on May 9, 2024 in estate planning

The probate process can be a complicated one, especially if there is someone who is planning to contest the contents of a will. Ideally, you want the probate process to go as smoothly as possible so you can focus on grieving your recent loss. Regrettably, that is not always the case. If you are dealing with a recent loss and prospective legal action, you may be wondering, “What is the process of probate in Nevada?” You may want to consult Las Vegas probate attorneys.

What Is the Probate Process in Nevada?

Probate is the court-led act of verifying someone’s last will and testament after they have passed away. After a lengthy verification process, the estate named in the will is administered according to the wishes contained in the will, assuming it is verified without much contesting. In the event that there is no will, probate court continues anyway, only this time the estate is administered according to Nevada state law.

Probate can become a complex, frustrating process that can divide families, hurt relationships, and bring family secrets to light. It is important to protect yourself and retain an experienced probate attorney, as well as understand exactly how the process works in Nevada. Here is a brief rundown of the important steps in the probate process and how they work:

• Filing the petition. Probate court begins with a filing of the probate petition, as well as a request for a personal representative to carry out the estate plan. If there is a last will and testament, it is likely that the representative is already named as part of the deceased’s wishes. The petition will be filed in the county in which the deceased was living at the time of their death.
• Notify the heirs. Once the probate petition has been filed and approved, the probate court can officially begin. Any legal documents, like the last will and testament or any recent addendums, will be presented before the probate court. These documents all need to be accurately verified and approved by the court.At that point, any heirs who are named in the will shall be notified by the court that the deceased person in question has passed away and that they have been named a beneficiary in the will. In addition, any creditors that the deceased had dealings with will be notified, as this will be the last time they are able to collect any outstanding debts before the process is over.
• Asset collection. Once the pertinent parties have been notified that the will is being verified, it will be time to inventory all assets and put a monetary value on them. This includes real estate, vehicles, bank accounts, jewelry, retirement funds, and anything of significant value that the deceased owned. All these assets must be located, counted, and valued before they can be distributed to the beneficiaries according to the will.
• Debts are paid. Before the assets can be distributed to the beneficiaries of the will, the amount owed in outstanding debt and taxes needs to be sold off. Once those financial responsibilities are handled, then probate court can continue.
• Distribution. Once the will is verified and the assets counted, the assets will be distributed to the will’s beneficiaries according to the wishes of the deceased. Once all assets are divided, the estate is officially closed, and probate court comes to an end. This whole process can take anywhere from several months to a whole year to complete.

FAQs

Q: How Much Does an Estate Have to Be Worth to Go to Probate in Nevada?

A: An estate must be worth at least $25,000 for it to go to probate court in Nevada. If there is no real estate that needs to be settled, probate court will go quite smoothly and quickly. An affidavit just needs to be signed that releases the estate to the intended heir named in the will. If an estate is worth less than $100,000, probate court can also be quick as long as there is no real estate involved.

Q: Is There a Time Limit to File Probate in Nevada?

A: Under Nevada law, a person who is in possession of someone’s will after death needs to provide it to the court within 30 days of learning about the death. At that point, there is no specific, hard deadline at which to file probate. Still, it is recommended that you file probate as soon as possible to allow the will’s beneficiaries to access any inheritance money they may have been awarded. It also provides them with a sense of closure.

Q: Do You Have to Go Through Probate if You Have a Will in Nevada?

A: No, you do not automatically have to go through probate court if you have a will in Nevada. Only estates that are worth a certain amount are required to go through probate court. If an estate is worth at least $300,000, it must go through probate court to ensure that the estate’s assets are properly valued and distributed to the correct parties. If an estate is worth less than that, there are multiple options to take, such as summary administration.

Q: How Much Does It Cost to File a Probate in Nevada?

A: Typically, there are many fees attached to probate court. Court filing fees are just one of several, including probate attorney fees, executor fees, and various other expenses that may show up. Thankfully, you are able to pay out these fees using a portion of the estate value. There is no telling what these fees may be for you, as every case is different and has different circumstances attached to it.

Contact a Probate Attorney Today

Dealing with probate court can become overwhelming quickly. Having a probate attorney by your side who can help you understand the process and ensure you do not miss certain deadlines can be quite helpful. The legal team at Ken R. Ashworth & Associates is prepared to help you settle probate and start the healing process. Contact us to schedule a consultation as soon as you can.