Estate planning and probate laws are complicated and difficult to understand. One of the most common questions that clients ask is if they need to go through the probate process if they already have a will in Nevada. To guide you through this process, our Las Vegas probate attorneys explain when individuals need and don’t need to go through probate. We also provide tips on how to avoid the probate process entirely.
If you need help going through probate, contact our Las Vegas probate attorneys today at (702) 323-5750 to schedule a consultation!
Is Probate Required in Nevada?
If you recently lost a loved one, you might be wondering what are the next steps you need to take. Unfortunately, it isn’t always easy to determine if a family needs to go through probate after a loved one passes away. The state of Nevada requires individuals to go through probate to distribute the estate. However, not all estates will need to go through the probate process.
Do I Need to Go Through Probate with a Will?
Yes, in Nevada, probate is a court-monitored process used to prove the validity of a will. When a person doesn’t have a will, you would be required to go through the Administration process used to settle deceased affairs. However, just because you use probate to validate a will, doesn’t mean you will need to go through the entire probate process.
When Is the Probate Process Required?
In Nevada, you will need to go through the probate process if the total amount of the deceased person’s assets exceed $20,000, or if real estate is involved. If you possess the deceased person’s will, you must take it to the clerk of the district court within 30 days of their death.
What If My Loved One’s Assets Are Under $20,000?
If your loved one’s assets don’t include real estate and are under $20,000, you will not need to go through the probate process. Certain surviving family members entitled to inherit the property will be able to receive assets 40 days after the person’s death. No court proceedings will be required if you filled out the Affidavit of Entitlement form. An experienced attorney can guide you through the process to help you avoid probate if assets are under $20,000 and no real estate is involved.
Can I Become the Executor or Administrator of an Estate If I Don’t Live in Nevada?
Yes, even if you live in another state but were listed as an executor or administrator in a will, you can still take on that role. However, the state of Nevada does require a non-resident
The administrator of an estate to associate with a Nevada resident as co-administrator if a will was not created.
Do I Need a Probate Attorney?
The probate process is not an easy one. Especially after dealing with the death of a loved one. Having an experienced attorney on your side is vital to ensure that you take the proper steps to protect your loved one’s assets and family. Our team at Hurtik Law & Associates has helped families throughout Nevada with their estate planning and probate proceedings. We have the skills, knowledge, and experience needed to guide you through the process from start to finish.
Contact our Las Vegas probate attorneys today at (702) 323-5750 to schedule a consultation!