When someone dies, their family may need to deal with bank accounts, property, vehicles, and other belongings. Many people assume this always means going through a long probate case. However, in Nevada, some smaller estates may qualify for a shorter court process called a set aside.
A North Las Vegas probate attorney at Simplifying Probate can review the estate and explain whether this option may be available. Our firm focuses on Nevada probate matters and helps families handle the court filings and other legal steps needed to transfer a loved one’s property.
Why Choose Simplifying Probate?
Simplifying Probate helps Nevada families through probate and estate matters. Our firm’s approach grew in part from partner Stuart Taylor’s own experience with probate.
Taylor’s father died suddenly while Taylor was in his final year of law school. His family then had to handle insurance issues, property transfers, delays, and legal questions while grieving. That experience helped lead him to focus his career on making probate easier to understand for other families.
Today, the firm brings decades of combined legal experience to Nevada probate cases. Our team focuses on clear explanations, meeting court requirements, and helping families move through the process without unnecessary confusion.
What Is an Estate Set Aside in Nevada?
A set aside allows certain estates to be transferred without full probate administration. Under Nevada law, an estate valued at $150,000 or less may qualify for this process. Family members cannot simply divide or transfer the property on their own, however. A court order is still required. A petition must be filed that provides the court with information about the estate, its property, debts, and the people who may have a right to inherit. Property involved in a set aside may include:
- Bank accounts
- Cars and other vehicles
- Stocks and investments
- Real estate
- Furniture and personal belongings
Whether an estate qualifies depends on its value and the facts of the case.
How the Set Aside Process Works
Nevada law requires families to wait at least 30 days after the person’s death before starting a set aside proceeding. The process generally starts with identifying and valuing the estate property. The petition must describe the property and provide information about known liens and other obligations.
Next, a petition is filed with the court asking for the estate to be set aside. Required parties must receive notice, and the court reviews the request.
If the judge approves the petition, the court issues an order stating how the property will be transferred. Banks, government offices, and others can then use that order to transfer estate assets to the people entitled to receive them.
What Happens When There Is a Spouse or Minor Child?
Nevada law gives special protection to a surviving spouse and minor children in set aside cases. The court considers these family members when deciding how to distribute a qualifying estate.
Depending on the circumstances, the court may set aside property for a surviving spouse, minor children, or both. In some cases, the estate may be transferred for their benefit without first paying certain creditors.
Get Help With a North Las Vegas Set Aside
A set aside can make handling a smaller estate easier, but families must meet Nevada’s requirements. Simplifying Probate can determine whether the estate may qualify, prepare the petition, provide required notices, and guide the case through the court process. Contact us today to schedule a free consultation.