The Nevada Probate Process
There are different levels of probate in the State of Nevada. If an estate is valued at $20,000 or less, and does not include interest in real property, assets can be claimed via an affidavit, and probate court proceedings are not required. When an estate is valued at $100,000 or less, assets can be set aside without administration by court order. Liens and encumbrances are not included in the estate's value, so an estate valued at $180,000 with a $90,000 mortgage, for example, would qualify for assets to be set aside.
Certain properties valued at $200,000 or less may qualify for a summary administration, which means notice of hearing does not need to be published with the initial probate petition, and creditors have 60 days to file a claim, instead of the regular 90 days. A majority of estates over $200,000 will have a regular probate administration, which requires the personal representative to complete a certain number of steps prior to closing an estate.
If you have been named a personal representative, or a loved one has died without a will, and need assistance with your loved one's probate, please contact the Las Vegas probate lawyer at Roland Law Firm.
Completing Probate in Las Vegas
If the person passed away with a valid will, the personal representative named in the document will be in charge of administering the estate. The personal representative must lodge the original copy of the decedent's will with the probate court and then petition the court to admit the will to probate, so the will may be proven valid. A notice of hearing on the initial probate petition must be mailed to heirs and beneficiaries listed in the will, contests may be filed to oppose a will and/or the appointment of the personal representative. The personal representative must then publish a notice of the deceased's death to creditors, and creditors have 60 or 90 days to file a claim.
The personal representative must then obtain appraisals, collect assets and properties, and prepare an inventory of the estate to file with the court. If creditors have filed claims, the personal representative must determine if said claims are legitimate, as well as pay the decedent's necessary taxes and debts. After claims, taxes, and debts have been paid, the court may order the final distribution. Then the personal representative divides and distributes the decedent's assets according to the will. If a person dies without a will, the court must appoint an administrator, and the administrator will divide the decedent's estate according to Nevada State law.
Need probate assistance?
The probate process may be incredibly difficult for people who have not had previous probate experience. Our Henderson probate law attorneys at Roland Law Firm help personal representatives with the entire probate process and ensure the process is completed as quickly and efficiently as possible. We know which estates qualify for which type of probate, and what items are counted in a decedent's probate estate.
Please contact our firm at (702) 452-1500 to learn more about how we may be able to help you and your family.