Nevada Probate Process: A Comprehensive Guide

Losing a loved one is never easy, and navigating what comes next can feel overwhelming. Understanding Nevada’s probate process is an important step towards settling your loved one’s affairs with clarity and confidence. The time and complexity involved in probate can vary widely depending on the value of the estate, the types of assets left behind, and whether thoughtful estate planning was done in advance.

The Vander Laan Law Firm, LLC, is a Nevada probate and estate planning law firm with offices in Minden and Carson City. We are pleased to provide legal advice and guidance to clients in Douglas County, Carson City, and Lyon County, guiding them through the probate process and ensuring the correct documents are filed on time and with the appropriate court.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. The Nevada probate court validates the deceased person’s Will and oversees the settlement of outstanding debts and distribution of remaining assets and property to the deceased person’s heirs and beneficiaries. Probate is required when an individual dies owning real estate or other assets that are not transferred through joint ownership, a trust, or designation of beneficiaries.

When Is Probate Required?

Under Nevada law, an estate must go through probate when:

• It includes any Nevada real estate, regardless of value
• The gross value of the estate exceeds $150,000
• The estate is complex and involves unresolved debts or disputes among heirs
• A petition for appointment of personal representative is pending or has been granted

Court probate may not be necessary when:

• Assets are held in joint tenancy or with a right of survivorship
• Assets have designated beneficiaries
• Assets are held in a living trust

Even if an estate qualifies for simplified administration, certain legal procedures are still required, including waiting 40 days after death, providing a detailed affidavit, or notifying other potential claimants.

How Do I Start Probate Proceedings?

To begin probate proceedings, the estate executor, a family member, or the person in possession of the deceased person’s Will must “lodge” it with the probate court. This must occur within 30 days after the deceased person died.

Once the Will has been lodged, someone must file a petition to begin the formal probate process. The petition is a comprehensive document that provides essential information about the deceased person and their estate. It includes details about their assets and proposes a personal representative who will manage the estate. Two important documents are required to initiate probate proceedings:

1. The original Will (if one exists)
2. A certified copy of the death certificate

When the deceased person died without a Will (“intestate”), an interested person such as a close relative must file a petition in the county where the deceased person lived along with a certified copy of the death certificate.

Who Is the Personal Representative and What Do They Do?

Once the petition has been filed, the court will appoint a personal representative who will be responsible for managing the estate. If there is a valid Will, the court will typically appoint the person named in the Will. Once appointed, the personal representative will be responsible for:

• Identifying and collecting the deceased person’s assets
• Paying valid debts and taxes
• Distributing the remaining assets to the deceased person’s heirs and beneficiaries
• Closing the estate

Who Notifies Creditors and Pays Valid Debts?

The personal representative must provide written notice to creditors about the probate proceedings. Creditors have a limited time to file claims against the estate: in general administration, 90 days from the first publication of notice, and in summary administration, 60 days from the first publication of notice, or 30 days from direct notification.

Once creditors present their claims, the personal representative must review them to determine whether the claims are valid. They must pay legitimate debts in the order of priority established under Nevada law, and reject invalid claims.

How are Assets Distributed?

Once debts and taxes have been paid, the personal representative can begin distributing the remaining assets to heirs and beneficiaries.

If the deceased person had a valid Will, the assets are distributed according to its terms.

If the person died without a valid Will (intestate), assets are distributed according to Nevada laws of intestacy.

Preparing the Final Account

Before final distribution can occur, the personal representative must prepare an Inventory of Assets and Final Account. The reports include:

1. An inventory of estate assets
2. A record of all income received by the estate
3. A list of debts and expenses paid
4. Information about tax liabilities

The Final Account must be submitted and approved by the probate court before the personal representative can proceed with the full distribution of assets.

Closing the Estate

Once all debts and taxes have been paid and assets are ready for final distribution, the personal representative must file a petition for final distribution, which includes:

• A summary of the estate administration
• The proposed plan for distributing the remaining assets
• A Request that the court approve the Final Account and distribution

Once the court reviews and approves the Final Account and distribution plan, the personal representative can file for a final discharge and close the estate.

Do I Need an Attorney for Probate?

You do not need an attorney for probate, but an experienced probate attorney can explain the probate process, answer your questions, help you gather the necessary documents, and provide valuable advice and legal representation throughout the probate process.

How the Vander Laan Law Firm, LLC, Can Help

Probate is an important and challenging legal process, and mistakes can be costly. Nevada probate attorney Natalia Vander Laan can help you understand Nevada probate laws, identify assets that are subject to probate, and provide peace of mind knowing an experienced professional is handling the probate process.

Contact the Vander Laan Law Firm Today

The Vander Laan Law Firm provides probate and estate planning services to individuals and families throughout Douglas County, Carson City, and Lyon County. Discover what makes our approach to estate planning unique, then call (775) 461-2897 or contact our law office to schedule a free consultation to discuss your needs and how Attorney Natalia Vander Laan can assist you.