If your loved one died and had a will or died without having a will, you may need a Summerlin probate attorney to assist you with the probate process. A will has to be filed in district court before probate can start. When there is no will, a petition must be filed to open probate.
Contrary to what you might have heard, probate in Nevada does not need to be expensive and take forever. As our name suggests, at Simplifying Probate, our goal is to make the process as easy on our clients as possible.
How the Probate Process Works in Nevada
The process is a little different if your probate estate (the value of the property to be transferred by a will) is less than $500,000. Small estates can be administered using less formal procedures than required in a general administration probate.
Estates over $500,000 must complete the formal probate process, which requires compliance with specific procedures and deadlines. The personal representative named in a will is held accountable for performing the required duties.
Without complicating factors, a general administration probate in Nevada proceeds as follows:
- The person in possession of a will must deliver it to the appropriate court within 30 days of learning the will’s creator (testator) has died.
- A petition for probate must be filed (no time limit) to prove the will or initiate an intestate probate.
- The court schedules a hearing, and the petitioner is required to notify specific parties, including heirs and creditors.
- At the hearing, the court validates the will and appoints the personal representative (or administrator when there is no will).
- The personal representative takes possession of and inventories the decedent’s property, pays debts, and distributes the remaining property as directed by the will (or the state).
- The court discharges the probate and closes the estate.
The personal representative’s duties include closing the probate within 6 months if no federal estate tax return is required and within 18 months if a federal estate tax return must be filed.
A Will Contest can Stall the Probate Process
A will contest is a formal challenge to the validity of a will. Only ‘interested persons’, such as heirs and beneficiaries, can contest a will. Wills can only be contested for improper execution or because the testator lacked the legal capacity to execute a valid will.
A will contest must generally be filed within 90 days of the will’s admission to probate. Probate typically halts until the issue of a will’s validity is decided. Messy family relations are often at the heart of will contests.
Intestate Succession When There is No Will
An intestate (no will) probate proceeds much the same as a testate (with will) probate until the time comes to distribute the remaining property.
Nevada gives a decedent’s property to a surviving spouse and children first, then to the decedent’s parents, siblings, and more distant relatives if necessary. If no living relatives can be located, the property escheats to the state to be used for educational purposes.
Why a Summerlin Probate Attorney from Simplifying Probate is the Best Option for Probate in Clark County
People who have just lost someone they love don’t need the additional emotional toll that can come from trying to navigate probate and comply with unfamiliar laws. Add a degree of family disharmony, and things can go from bad to worse quickly.
At Simplifying Probate, we understand what it means to lose a loved one, and we know how stressful probate can be when it is not managed efficiently. With an exclusive focus on probate law and a proven track record spanning decades, our mission is to shoulder the legal burden and provide peace of mind to grieving families.
Our clients say it best. We’re here to help. Schedule a free consultation.