Nevada probate falls into one of three categories: general probate and administration, summary administration, and special administration. The process used to resolve an estate is dependent on its value. A Las Vegas probate lawyer from Simplifying Probate can help you determine how much your loved one’s estate is worth and guide you through the appropriate process. Contact us today to schedule a consultation with one of our experienced probate administration lawyers.
Choose Us at Simplifying Probate?
- Simplifying Probate has extensive experience handling each type of estate administration to efficiently and effectively reach a successful outcome.
- Our team files documents and communicates on your behalf with courts, creditors, and other applicable parties to streamline the process and safeguard you and the estate.
- We act quickly to resolve challenges, protect your interests, and ensure that all legal requirements are fulfilled.
What is General Probate and Administration?
General probate is the process used to settle an individual’s estate if they have a will. If the decedent died without a valid will, then general administration is used to resolve their estate through intestate succession. General administration is also used to settle estates valued at over $300,000.
During the probate process in Nevada, the court will verify the validity of the decedent’s will, and the estate’s executor can begin conducting an inventory and appraisal, paying creditors and applicable taxes, and distributing remaining assets to heirs and beneficiaries.
Administrators for estates without a will follow a similar process, but assets will be divided up by the hierarchy of the decedent’s surviving family. The decedent’s spouse and child are first to inherit, followed by parents, siblings, next of kin, and the state if no family is present.
How Can a Las Vegas Probate Administration Lawyer Help You?
Though probate is a legal process overseeing the distribution of the deceased’s assets, it is also an emotional time punctuated by loss. A probate administration lawyer in Las Vegas with our firm offers experienced guidance to an estate’s personal representative and families with probate’s time-consuming processes. A lawyer with our firm can help you:
- Understand the duties required by law of a personal representative
- File the appropriate court documents, like admitting a will into probate
- Petition a Las Vegas probate court for appointment as the personal representative or executor over the estate
- Ensure proper transfer of real and personal property
- Identify estate assets and file an inventory with the court
- Finalize tax documents on behalf of the deceased
- Contest a will, defend against accusations of a breach of fiduciary duty, or file legal action to protect against breaches of fiduciary duty
- Assist with the finalization and distribution of assets
The goal of Simplifying Probate is to ease families’ emotional and legal burdens. Avoiding missteps can help you navigate the probate process in Nevada more effectively.
Nevada’s Intestacy Laws
The hierarchy of distribution of community property to the decedent’s family under Nevada’s intestacy laws allows a spouse to receive 100% of a deceased spouse’s property. Separate property, including assets owned before marriage, inheritances, or gifts received during a marriage, is generally divided as follows when no will exists:
- A surviving spouse receives 100% of assets classified as separate property when the deceased has no children.
- Equally, when a decedent has one child and a living spouse
- One-third of the assets go to a surviving spouse, and two-thirds to any children, shared equally.
Nevada’s Intestacy Laws When a Decedent is Unmarried
No distinctions exist between community and separate property when the decedent is unmarried. The division of assets is more straightforward, allowing the nearest living relative to be the beneficiary. The hierarchy of distributions is:
- Children of the deceased will divide the assets equally by right of representation
- The deceased’s living parents are beneficiaries of the deceased’s assets when there are no children. A deceased’s siblings are named beneficiaries when there are no living parents.
- The closest kin becomes the beneficiary when there is no spouse, living parents, or siblings. Nevada uses a chart of consanguinity to identify the closest living relatives.
- When no living relatives exist, assets become the property of the state.
Exceptions to Nevada’s Intestacy Laws
Certain assets are not subject to Nevada’s intestacy laws nor considered part of the decedent’s estate. These assets include:
- Life insurance proceeds
- Properties held in a living trust
- Various IRA accounts and 401(k)s with payable-on-death-designations
- Bank accounts with designations of payable-upon-death
- Automobiles with designations to transfer-on-death
- Joint tenant properties with right of survivorship or community property with right of survivorship
Assets with a payable-on-death designation go to the named beneficiary regardless of whether a will exists.
Potential Intestacy Laws in Nevada That May Apply
Nevada’s intestacy laws impact step-children, half-blood relations, and non-citizens. Laws specify:
- Step-children are not beneficiaries of the deceased’s assets because the state does not recognize them as the decedent’s children.
- Adopted children are beneficiaries in the same manner as a decedent’s biological children.
- The hierarchy of asset distribution applies the same to half-blood relatives.
- The hierarchy of distribution applies to non-citizens after a loved one’s death
Our Nevada probate administration lawyers work to ensure the laws are applied effectively to protect the assets that will benefit you.
What is Summary Administration in Las Vegas?
Estates valued between $100,000 and $300,000 must go through a process known as summary administration. This is very similar to general probate, but the process is more streamlined. Since these estates are large and complex, it is important to hire an experienced lawyer for this process.
To begin the process, the decedent’s personal representative must file the initial petition to open probate and provide heirs, devisees, other representatives, and the Department of Health & Human Services with notice at least 10 days before the assigned court hearing on the petition. If granted, Letters Testamentary or Letters of Administration are issued so probate can begin. The personal representative will then inventory the estate, settle debts with creditors, sell property if needed, file an accounting of the property, and distribute assets and close the estate.
What is Special Administration in Nevada?
During probate, special administration is used in very specific circumstances where an individual is temporarily assigned to handle limited tasks related to the estate. Special administrators are generally needed when the value of the estate is unknown, an administrator is needed to protect the estate, or there is a pending lawsuit. This individual may handle finances and court actions, but cannot distribute assets or be liable for debts.
How Long Does Probate Take in Nevada?
Probate generally takes six months to a year to complete. However, significant factors can impact how long probate takes in Nevada, potentially extending the probate timeline. Our experience navigating complex challenges can reduce the time it takes to resolve probate.
Call Our Las Vegas Probate Administration Lawyers Today
Simplifying Probate helps you identify the correct process for settling your loved one’s estate. Our team takes the time to thoroughly assess your situation so we can efficiently and effectively provide solutions. We know this is an overwhelming and confusing time, and we provide compassionate support to guide you through. Contact us today at (702) 800-8354 to schedule a free consultation and discuss the administration of your loved one’s estate.