Some Nevada estates do not need to go through a long probate case. When a loved one leaves behind a smaller estate, a court process called a set aside may offer a shorter way to transfer the property.
A Spring Valley probate attorney at Simplifying Probate can review the estate and explain whether this process may be available. Our firm focuses on Nevada probate matters and helps families handle the court papers, notices, and other legal steps needed to transfer a loved one’s property.
Why Choose Simplifying Probate?
Simplifying Probate makes Nevada probate easier for families to understand. Our firm brings decades of combined legal experience and a dedicated focus on probate and estate matters.
Partner Stuart Taylor also understands probate from personal experience. His father died suddenly while Taylor was in law school, leaving his family to deal with probate while they were grieving. That experience helped shape his goal of helping other families avoid unnecessary confusion and delay.
Clients can expect probate-focused experience, clear communication, an efficient process, and personal attention. We understand that probate often comes during a difficult time for a family.
What Is a Set Aside in Nevada?
A set aside allows a Nevada court to transfer all or part of a qualifying estate without full probate administration. Under current Nevada law, an estate valued at no more than $150,000 may qualify for a set aside. A set aside may be available whether the person died with or without a will. Property handled through this process may include:
- Bank accounts
- Vehicles
- Stocks and investments
- Real estate
- Furniture
- Personal belongings
Some property may pass outside probate, such as certain jointly owned property or accounts with named beneficiaries. Because every estate is different, it is important to identify which assets are part of the probate estate.
How Does the Set Aside Process Work?
The process starts by filing a petition with the probate court. Generally, you cannot file the petition until at least 30 days after the person’s death. The court will need information about the estate, its value, potential heirs, and any existing will. The basic steps may include:
- Gathering estate information: This may include the death certificate, will, property records, account information, and a list of debts.
- Preparing and filing the petition: The petition asks the judge to set aside the estate and transfer the property.
- Giving required notice: Certain heirs, beneficiaries, creditors, and other parties may need to receive notice.
- Attending the court hearing: The judge reviews the information and decides whether the estate meets Nevada’s requirements.
If the court approves the request, it can order the property distributed to the people legally entitled to receive it.
What Happens to Estate Debts?
Estate debts still need to be considered in a set-aside case. Nevada law generally provides an order for paying attorney fees and costs, certain final expenses, creditors, and then the people who are entitled to the remaining estate.
Different rules may apply when the person who died left a surviving spouse or minor children. Our attorneys can review the debts and the estate property before filing the petition.
Get Help from Our Spring Valley Set Aside Lawyers
Even a shorter probate process still involves court rules and legal documents. Our Spring Valley set aside probate attorneys can determine whether the estate qualifies, prepare the petition, provide required notice, and help complete the transfer of property.
Simplifying Probate offers free consultations to families who need help understanding their options after a loved one dies. Contact us today.