Las Vegas Probate Lawyers
Over 50 Years of Combined Experience
At Hurtik Law & Associates, we help clients resolve probate matters quickly and effectively. We understand that this area of law is complex and that court proceedings are often challenging. If you require assistance navigating the process, our Las Vegas probate attorneys have the knowledge, skills, and resources to manage your case.
Contact our probate attorneys at Hurtik Law & Associates at (702) 323-5750 to schedule a consultation. Se habla Español.
What is Probate?
When someone dies, their estate (property, money, and possessions) needs to be sorted, this process is referred to as probate. It is a court-supervised process that distributes property after a person’s death. This involves gathering all assets, paying all taxes and debts, and distributing what is left over to the decedent’s family. The family will typically need to go through the probate process to determine their loved ones’ wishes, pay debts, and distribute the property according to the person’s wishes.
What Happens During the Probate Process?
In the event that the deceased has left a will, there will be a designated individual who is responsible for administering the estate. This person is referred to as the executor of the will.
The probate process will vary based on several factors, including:
- The type and amount of assets involved
- The creditors to whom debts are owed
- The beneficiaries of the estate
- The instructions left in a will
How Does Probate in Las Vegas Work?
After the probate court authenticates the last will and testament, the value of assets, remaining bills & taxes will be investigated, and assets will be distributed to beneficiaries.
Here's how probate works:
- The probate court appoints an administrator or executor to settle the state.
- The executor locates the assets.
- They notify any creditors of the death and pay debts.
- They prepare the file final tax returns.
- They assist with distributing assets of the estate.
What If There Is No Will?
If the deceased person did not have a will, a court-appointed administrator would handle the proceedings. The executor or administrator is responsible for filing the required documents with the probate court after the individual’s death.
How Long Does the Probate Process Take?
The probate process typically takes between six months to a year.
Talk to a skilled Las Vegas probate lawyer at (702) 323-5750.
What Can Go Wrong in the Probate Process?
During probate, the process is often complicated when disputes arise between various parties who have an interest in the deceased’s estate, including the executor, beneficiaries, and creditors.
here are several complications that can create such dispute such as:
- Invalid wills
- Unequal distribution of assets
- Unnamed guardians of minors
Is it Possible to Avoid the Probate Process?
Yes, it is possible to avoid probate in Nevada. Since the probate process can be long, costly, and confusing, many people take steps to spare their families the hassle of probate.
In Nevada, you can make a living trust to avoid probate for nearly any type of asset, whether it’s real estate, bank accounts, vehicles, or more. Similar to a will, a living trust will require you to name someone to take over as a trustee after your death (known as a successor trustee). However, you will need to transfer ownership of your assets to yourself as the “trustee of the living trust.” This will allow the successor trustee to control your assets after your death. Then they will be able to transfer your assets to your beneficiaries without needing to go through probate proceedings.
Probate can also be avoided if there is joint ownership for an asset. This means that when one of the property owners dies, the full ownership will automatically go to the other owner. This typically occurs when spouses are joint owners of real estate, vehicles, bank accounts, and more.
In Nevada, you can add a payable-on-death (POD) designation to bank accounts. This will still give you control of all the money in your account and won’t give your POD beneficiaries any rights to the money until your death. The beneficiary can then claim the money directly from the bank without having to go through the probate process.
Won’t a Will Help Avoid Probate?
Unfortunately, a will doesn’t help avoid the probate process. In fact, the probate process will be required to authenticate the will and use it to go through the entire probate. A person would need other estate plan documents to avoid probate, such as the ones listed above.
Who Is Responsible If Probate Can’t Be Avoided?
If probate can’t be avoided, an executor named in the will or the court-appointed individual will be responsible for overseeing the probate process. The executor will be responsible for obtaining the decedent’s original will, hire a probate attorney, manage the probate process, cancel credit cards, notify government agencies of the death, and manage assets.
Speak to a Dedicated Legal Professional
At Hurtik Law & Associates, our role as estate planning lawyers is to help you avoid and deal with the various complications that occur during probate. Our lawyers have years of experience helping families through long and difficult probate proceedings. We have also helped individuals gather the legal documents they need to create a comprehensive estate plan. Regardless of your unique circumstances, our legal team is here to help you from beginning to end.
When our probate lawyers in Las Vegas are on your side, we can keep all affairs in proper order and help you get through the process as efficiently as possible.