Entering a will into probate plays a key role in initiating the legal process for the estate. It also makes it easier to complete probate, and ensures that the estate is settled fairly according to the decedent’s wishes. Simplifying Probate understands the implications this process may have on your future, and an experienced Nevada probate lawyer protects your interests as they simplify the process and advocate on your behalf.
Personal Representatives are Responsible for Delivering the Will and Petitioning the Court
After an individual passes, it is the responsibility of the decedent’s personal representative to initiate probate. To begin the process, the representative must first find and deliver the will to the court clerk in the county where the deceased lived at the time of their death. This must be done within 30 days of the decedent’s death. It is essential that it is delivered to the right court so that probate of wills is handled by the correct court jurisdiction. Talk with a lawyer or the courts if you are unsure which district you are in.
A petition to open probate is filed with the court along with the will. The petition must contain several key pieces of information, which include:
- The jurisdiction information
- Whether or not the personal representative for the decedent accepts or renounces their role
- Names and addresses of all heirs, beneficiaries, devisees, and creditors
- Inventory and appraisal of the estate
- Name of personal representative and whether or not they have had a felony conviction
- Names of deceased devisees
- Reason for petitioning the district
The petition must be signed and submitted to the court for the hearing. Individuals who neglectfully or intentionally fail to file the will or uphold the duties assigned therein can be held liable and may be subject to jail time.
The Court Verifies the Validity of the Will
Once a will is submitted, it must be verified to make sure it is valid before probate can proceed. The executor of the estate must provide notice after initiating probate so all interested parties have the opportunity to respond or contest the will and attend the initial hearing.
Witnesses are subpoenaed and required to provide testimony during the hearing regarding the legality of the will. The court will also address any contests during this time, which may increase the initial stage or probate. If a will is declared valid after the hearing, the court will approve and appoint an executor for the estate. This individual can proceed with inventorying and appraising the estate, paying creditors, and distributing assets according to the will. The court continues to provide oversight throughout this process until probate is closed.
Importance of Retaining Representation for Probate in Nevada
Hire a lawyer at the outset of probate to ensure the will is filed on time and all requirements are met. While not required, hiring representation provides peace of mind, streamlines the process, and helps secure a better outcome for the estate. Book an appointment today and talk with the team at Simplifying Probate about filing a will and opening probate.