June 21st, 2022
Losing a loved one can be difficult, and the process of administering a person’s estate after their death can make things even more stressful. Dealing with probate court is challenging under the best of circumstances. But the probate court process can seem even more onerous when the decedent (the person who died) owned property in a different state.
If someone you love recently passed away and owned property out-of-state, you may have questions about what to do next. The Vander Laan Law Firm, LLC can help.
Nevada probate attorney Natalia Vander Laan is pleased to assist people with Nevada probate and estate administration matters and is available to answer your questions. If your loved one owned real estate outside of Nevada, Ms. Vander Laan can refer you to an out-of-state attorney who can assist with ancillary probate in another state. And if your loved one lived in another state and owned real estate in Nevada, Ms. Vander Laan can assist with the ancillary probate proceedings in Nevada.
What Is Ancillary Probate?
Probate is the legal process that deals with administering a person’s estate after their death. Normally, probate occurs in the place where the decedent lived. But if the decedent owned real estate in another state, there will be an ancillary probate proceeding in the state where the decedent owned real estate.
For example, if a person lived in Nevada but owned real estate in California, the primary probate proceeding would occur in Nevada, and there would be an ancillary probate proceeding in California. Likewise, if a person lived in Oregon but owned real estate in Nevada, the main probate proceeding would take place in Oregon, and there would be an ancillary probate proceeding in Nevada.
Another common situation arises when a person owns a timeshare in Nevada. Under Nevada law, timeshares are treated as real property. The timeshare might specify that the owner has a specific number of points, and the owner might be able to use those points in any state. However, the timeshare deed may refer to the owner as having a fractional interest in Nevada real estate. Therefore, ancillary probate proceedings are common for timeshare owners as most people do not own a timeshare in the same state that they live in.
Nevada Ancillary Probate Proceedings
Under Nevada probate laws, the ancillary probate process is the same for someone who lives out of state as it is for a Nevada resident. As the administrator or executor of the estate, you will need to analyze the value of the Nevada property and open probate.
While Nevada does not have a separate ancillary probate proceeding, Nevada probate courts have a simplified process for smaller estates. If the value of the Nevada property is less than $300,000, the estate representative can apply for a Summary Administration of Estates. And for an estate where the value of the Nevada property is less than $100,000, other alternatives are available to further streamline the probate process.
How to Avoid Ancillary Probate in Nevada
Ancillary probate proceedings are common in Nevada, especially for people who own timeshares or property near Lake Tahoe and other popular vacation destinations. The Vander Laan Law Firm frequently handles ancillary probate proceedings for out-of-state families when a loved one owned property in Nevada.
Out-of-state families who own a Nevada real estate and wish to avoid Nevada probate proceedings can include the Nevada property in their trust, if they have one, place the timeshare in a joint tenancy, or use a transfer on death deed. If you own a timeshare and wish to discuss options for avoiding ancillary probate, the Vander Laan Law Firm can help.
Contact the Vander Laan Law Firm for Assistance in Nevada Probate Court
If a loved one died in another state and owned property in Nevada, contact the Vander Laan Law Firm for assistance.
Nevada probate attorney Natalia Vander Laan works closely with estate representatives to explain the Nevada probate court process and achieve results while minimizing the stress on her clients. Ms. Vander Laan is available to answer your questions, probate the estate, and represent you in Nevada probate court.
With offices in Minden and Carson City, the Vander Laan Law Firm proudly represents people throughout the Carson Valley. To learn more about Natalia Vander Laan and her unique approach to Nevada probate law, contact the Vander Laan Law Firm today to schedule a confidential consultation to discuss your situation and how she can help.