September 22, 2023


Equality opinion

Understanding Probate Laws in Nevada

Probate In Nevada: Everything You Need to Know - Wood Law Group

Understanding probate laws in Nevada is critical if you have an interest in a deceased person’s estate. Whether you’re the executor of the will or a beneficiary seeking to contest the will, there are several steps you should take to ensure everything goes according to plan.

For starters, it’s important to know that not all assets go through probate.

What is Probate?

In Nevada, probate is a legal process that ensures the legal distribution of estate inheritance. It involves itemizing the assets in an estate, paying debts, and distributing property to heirs. The process can take months to years, depending on the size of the estate and the complexity of the will.

A skilled probate lawyer can help you understand the law in your state. Using a trust can avoid many of the problems that arise during probate, such as a fight amongst creditors or family members.

Some assets do not go through probate, including properties held as joint tenants with right of survivorship, 401(k) or IRA accounts that have designated beneficiaries, and bank accounts with pay on death or in trust for designations. Probate can also be shortened through a small estate affidavit or summary administration, but both will still require a court to supervise the proceedings. This is why it is important to plan ahead and consult with a knowledgeable attorney.

How Do I Avoid Probate?

Probate court proceedings are time-consuming and costly. However, there are many ways for individuals to avoid probate and ensure their assets are divvied up as they want them to be after death.

One way is to set up a living trust. This involves preparing a trust document, naming someone to take over as trustee after your death (called a successor trustee), and transferring ownership of your assets to the trustee. Your successor trustee will then manage and distribute your estate according to the terms of your living trust without going through probate.

You can also avoid probate by arranging for joint tenancy with rights of survivorship or adding payable-on-death stipulations to bank accounts. Additionally, you can qualify for Nevada’s simplified “small estate” probate procedure if your combined assets are less than $100,000. Contact a qualified Nevada probate attorney for more information on the above strategies. They can provide a thorough explanation of the process and help you create an estate plan that best suits your needs.

What Happens if I Die Without a Will?

In Nevada, the estate of a deceased person must go through the probate process. This means the assets must be inventoried, valued, and transferred to beneficiaries. The process can be complex and confusing, especially if the deceased left no will or didn’t have an estate plan.

When someone dies without a will in Nevada, their property will pass to their closest relatives according to state laws called “intestate succession.” This can cause complications, especially when family members have complicated relationships. For example, step children are not considered to be the deceased’s children and would inherit nothing. In addition, the surviving spouse receives all of the deceased’s community property and half of their separate property.

Certain types of property don’t need to go through the probate process, such as assets held in joint tenancy or tenancy by the entirety with a right of survivorship and insurance policies with designated beneficiaries. However, these properties are not necessarily exempt from taxes.

How Long Does Probate Take?

The death of a loved one can be an emotional time, but it’s important to take care of estate matters. That includes distributing any assets to the rightful beneficiaries and paying any lawful debts owed. This is a process known as probate, and it’s overseen by the court to ensure that the wishes of the deceased are honored.

The length of probate varies depending on the size and complexity of the estate. A simple, uncomplicated probate will probably last around three months, but it could take longer if creditors submit claims or other issues arise.

To make sure your family’s affairs are handled properly, it is important to understand Nevada’s probate laws. This will help you determine whether your loved one’s estate qualifies for a probate shortcut, whether you should contest the terms of a will or trust, or how to handle the estate’s assets. You should also consider consulting a qualified attorney about your options.