Las Vegas Valley has become a premier destination for retirees in recent years, offering affordable housing, a robust healthcare infrastructure, and plenty of outdoor activities. When you’ve shared so much, it’s especially difficult to say goodbye, and trying to deal with legal formalities can feel overwhelming.
A North Las Vegas probate lawyer from Simplifying Probate expresses condolences to those who have lost someone dear to them. Please be comforted to know there is compassionate and reliable legal help available to assist with those final responsibilities.
What Type of Probate Do I Need in Nevada?
Probate is required to validate a will or to administer an estate when there is no will. The probate estate consists of all of a decedent’s property that does not pass to a beneficiary or survivor automatically upon death. The state has a plan for distributing property when there is no will.
The value of the probate estate determines the specific probate process. Nevada allows smaller-sized estates to streamline the process, saving families time and money. Probate can be accomplished in one of the following ways:
Small Estate Affidavit (Affidavit of Entitlement)
A small estate affidavit (sworn statement of facts) may be used to legally claim a decedent’s property if the following conditions are met:
- No real property
- 40 days have passed since the death
- Estate value under $25,000 (excluding value of vehicles)
- Estate value under $150,000 (surviving spouse only)
The affidavit must state specific information, including that all debts have been paid or provided for and there are no known claims for damages against the decedent.
Set Aside without Administration
Probate estates valued at less than $150,000 can petition the court to ‘set aside’ probate administration 30 days after a decedent’s death. The court will set aside the estate to pay certain creditors, with the balance distributed according to a decedent’s will or state law.
If a decedent leaves a surviving spouse or children, the court must set aside the entire estate for the benefit of the surviving family, unless to do so would be manifestly unjust.
Summary Administration
A summary administration probate is available (with court approval) to estates valued under $500,000. The process is similar to a general administration probate, but the procedures have been condensed to speed up the process and reduce costs.
General Administration
Estates valued at over $500,000 must use the court-supervised general administration probate process. It requires the appointment of an executor or administrator, who must follow specific procedures for inventorying property, paying creditors, and presenting an accounting to the court before the property can be distributed and the estate closed.
A general administration probate takes a minimum of 4 months, but many typically close between 6 and 18 months.
Why Choose to Work with Simplifying Probate?
The need to settle a loved one’s estate comes at a difficult time when people are not in the best frame of mind to be handling legal matters. We understand what you’re going through. We all have families too.
Genuine reasons you can trust the North Las Vegas probate attorneys at Simplifying Probate to steer you through the probate process include:
- Decades of probate experience
- Dedication to client satisfaction
- Hundreds of grateful clients
Simplifying Probate can help. Schedule a free consultation.