Probate Law FAQ
Las Vegas Probate Attorney
At the Roland Law Firm, our Las Vegas probate attorneys have more than 30 years of collective experience assisting clients with their probate proceedings in Las Vegas and Henderson. Since most people encounter probate proceedings maybe once or twice within their lifetime, they are often very unfamiliar with the process.
We have compiled a list of frequently asked questions regarding probate in order to provide some valuable answers. For more information, we encourage you to contact our firm directly to schedule a free case evaluation. We're here to help clarify and streamline the probate process for you so you can utilize Nevada's laws to your greatest advantage.
What is probate?
Probate is the formal legal proceeding that validates a will and appoints an executor or a personal representative to administer an estate. Once the executor or personal representative is confirmed, that individual will gather the assets and value them, pay off all debts and distribute the remaining assets to the beneficiaries.
Does every estate go into probate?
In Nevada, if the total amount of the deceased person's assets exceeds $20,000, or if there is real estate involved, then probate (or administration) will be required. Under Nevada law, a person in possession of the will must deliver it to the clerk of the district court within 30 days of the person's death. However, if the value of the assets subject to probate does not exceed $100,000 exclusive of liens, then a special petition by the beneficiary or heirs may allow the estate to be "set aside" and distribution commenced without further court proceedings.
What is summary administration?
In Nevada, an estate valued at $100,000 to $200,000 goes through summary administration, which is a simplified probate procedure. If at any time after the entry of the order for summary administration, it is discovered that the estate is worth more than $200,000, the personal representative must petition the court to revoke the summary administration status and instead order a general administration.
What is general administration?
If an estate is valued over $200,000, then general administration is the usual course of action. With general administration, the original will must be filed with the County Clerk's Office within 30 days of the testator's death. If there is no personal representative named in the will, or if there is no will, then the personal representative must be a resident of Nevada.
Can attorney fees be paid by the estate?
While all attorney fees must be approved by the court, attorneys are entitled to compensation for their services rendered to the estate. The executor or personal representative can combine the petition for approval with the petition for the First and Final account. The attorney's fees are then paid for by the estate itself.
How long does probate or administration take?
In Nevada, probate generally takes from 120 to 180 days. This timeframe allows for publication of creditor notices and it gives creditors time to file claims against the estate. However, when complications arise probate can take much longer.
For more information regarding probate proceedings in Nevada, contact a Las Vegas probate lawyer from the Roland Law Firm to schedule your free case evaluation. We can be reached at (702) 452-1500.