A smaller estate may not need the same probate process as a larger one. Nevada law allows some estates to use a court process called a set aside. This can provide a simpler way to transfer property after someone dies.
A Sparks probate attorney at Simplifying Probate can review the estate and explain whether it may qualify. Our firm helps families with Nevada probate matters and handles the required court filings, notices, and other steps needed to transfer a loved one’s property.
Why Choose Simplifying Probate?
Simplifying Probate focuses exclusively on Nevada probate and estate matters. Our attorneys bring more than 20 years of combined legal experience and use a streamlined process designed to reduce unnecessary delays.
Our approach is also shaped by personal experience. Partner Stuart Taylor lost his father suddenly while he was in his final year of law school. His family then had to deal with asset transfers, insurance matters, delays, and legal questions while grieving. That experience led him to probate law and a focus on making the process easier for other families.
The Basics of a Set Aside in Nevada
A set aside allows certain estates to be transferred without full probate administration. Under current Nevada law, an estate valued at no more than $150,000 may qualify. The court looks at the property in the probate estate. Depending on the case, this may include:
- Bank accounts
- Stocks and investments
- Vehicles
- Real estate
- Personal belongings
Not everything a person owned counts as part of the probate estate. Some assets may pass directly to another person because of a trust, beneficiary designation, or another form of ownership.
How the Set Aside Process Works
A set aside still requires a court filing. In most cases, the process cannot begin until at least 30 days after the person dies. The basic steps may include:
- Preparing and filing a petition with the court
- Providing information about the estate’s property and debts
- Including a will if the person left one
- Giving required notice to heirs, beneficiaries, and certain other parties
- Attending a hearing if required
- Obtaining a court order that explains how to distribute the property
If the court approves the request, it can order the estate property transferred without a full probate administration in Sparks.
What If There Is a Surviving Spouse or Minor Child?
Nevada law gives special consideration to a surviving spouse and minor children in a qualifying set-aside estate. When the estate falls within the set-aside limit, the court must generally set the estate aside for the surviving spouse, minor children, or both.
The court may also allow the property to pass without paying ordinary creditors unless doing so would cause a serious hardship or unfair result. These rules can make a significant difference when a family is trying to keep needed property after a death.
A Sparks Set Aside Probate Lawyer Can Help
Even a small estate can raise questions about property values, debts, heirs, and court rules. A mistake in the petition or notice process can create added work or delay.
Simplifying Probate can determine whether a set aside may be available, prepare the required filings, address questions about creditors and beneficiaries, and help guide the case through the court process. Contact us today to schedule a free consultation.