Probate is a legal process that requires organization, attention to detail, and diligence to be done efficiently. A personal representative or administrator who does not handle their responsibilities appropriately may be liable for any harm done.
A North Las Vegas probate attorney knows Nevada probate laws, has significant experience handling probate matters, and will ensure everything gets done in the right way and on time.
Probate Administration in Nevada
The level of probate administration really depends on the value of the probate estate, the complexity of the property in the estate, and whether there are collateral issues that need to be resolved to keep the process moving.
Estate Value Determines Level of Probate Administration
Probate has an image problem for a reason. A general administration probate can drag on for months or even years and get pretty expensive if not managed properly. Nevada has summary procedures in place for smaller estates to minimize delay and costs.
- Affidavit (of Entitlement) – Estates up to $25,000 ($150,000 if surviving spouse) and no real estate
- Set Aside – Estates valued up to $150,000
- Summary Administration – Estates valued up to $500,000
For probate estates exceeding $500,000, a general administration probate is required. The court-supervised process takes a minimum of 4 months, but is typically longer.
Resolving Issues Related to Property in the Estate Can Extend Probate
The duties of a personal representative or an administrator include taking possession of the property that belonged to the decedent. Sometimes that property may be in another state or even country and require a separate probate procedure. Sometimes a decedent may have owned a business that needs to be sold or continue operating until the decedent’s share can be bought out.
Property that was thought to be owned outright may have title issues, or co-owned property may need to be divided. There might be a claim against a decedent’s property, or the decedent may have had a surviving claim against someone else.
Depending on the particular issue, additional legal proceedings may be required, adding months or even years to probate.
Interested Parties Can Dispute Assumed Facts and Delay Probate
Any person who stands to gain or lose something from the probate proceeding can raise an issue challenging the validity of a will or the adherence to probate procedural rules.
Interested parties must generally contest a will within 90 days of the will being admitted to probate. A will may be declared invalid if the will’s creator was not of sound mind when the will was executed or if other legal requirements were not met.
In summary probate proceedings, interested parties may challenge the credibility of the petitioning party and request that the court terminate the summary proceedings.
Why You Should Consult a Probate Administration Attorney from Simplifying Probate
Probate can get messy, but it doesn’t usually have to. When you know the process and can anticipate and proactively resolve issues, probate administration can proceed efficiently with minimal delays and fewer opportunities for conflict.
A North Las Vegas probate administration attorney can:
- Ensure the proper probate is initiated
- Handle document filing and notification requirements
- Locate and inventory property
- Avoid or minimize opportunities for disputes
Call Simplifying Probate® today. The consultation is free.