Common Questions Concerning Nevada’s Probate Process

Probate is an important legal process that occurs when a loved one dies. The probate court oversees the distribution of the deceased person’s assets and payment of outstanding debts and other financial obligations, and ensures compliance with state laws and regulations. Because most people only deal with probate once or twice in their lifetimes, few non-lawyers are familiar with the process or how it works.

The Vander Laan Law Firm, LLC, is an experienced probate and estate planning law firm in Nevada that proudly serves the Carson Valley community. With over a decade of experience practicing law in Nevada, Natalia Vander Laan helps people understand and successfully navigate the Nevada probate process. Here, she answers some of the most common questions about the Nevada probate process.

What is probate?

Probate is the legal process by which a person’s assets are inventoried and distributed to heirs and beneficiaries and estate debts are paid.

What is the typical process for opening an estate?

The probate process begins with the opening of an estate. The person who opens the estate must provide a certified copy of the death certificate and the original Will, if the deceased person had one. Once the estate is opened, the court will issue letters testamentary, if there was a Will, or letters of administration, if there is no will.

What court has jurisdiction over Nevada probate proceedings?

In Nevada, the district court in the county where the deceased person lived has jurisdiction over probate proceedings. If the deceased person did not live in Nevada but owned real estate here, then the district court in the county where the real property is located has jurisdiction.

How long does probate usually take?

Many factors affect how long the probate process takes, and it is difficult to provide a precise timeframe. The most simple estates can be completed in a few months, while probating a complex estate with a contentious family could take years.

Is probate expensive?

Every case is unique, but the cost of probate is typically tied to the size of the estate. Probating a simple estate with relatively few assets will cost comparatively little, while a complex estate with contentious legal hearings will be more expensive. In Nevada, the attorney’s fees in probate are prescribed by the statute.

Does an estate need to go through probate? Can probate be avoided?

In general, an estate needs to go through probate. However, you can avoid probate through proper titling of assets, placing assets in non-probate accounts, using Transfer on Death (TOD) and Payable on Death (POD) designation, or by using a trust.

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 advice and legal representation throughout the probate process.

What if a loved one was not named in the Will?

There are special considerations if the recently deceased person explicitly excluded certain people from their Will. This is known as “disinheriting” someone. However, there are limitations on who can be disinherited, and disinheriting someone from a Will is a frequent reason for a Will contest.

What is a Will contest, and who can contest a Will?

A Will contest occurs when someone disagrees with how an estate is being handled or believes they were wrongly excluded from the Will. Only someone with legal standing can contest a Will. To have standing, you must be a beneficiary named in the Will, a beneficiary named in a prior version of the Will who was removed from the most recent version, or someone not named in the Will who would otherwise be eligible to inherit through state intestacy laws.

How the Vander Laan Law Firm, LLC, Can Help

Probate is an important and challenging legal process, and mistakes can be costly. 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. She can ensure minimize the likelihood of a will contest and help you update your estate plan to protect your assets and reflect your wishes after the loss of a spouse.

Contact the Vander Laan Law Firm Today

Call (775) 461-2897 or contact the Vander Laan Law Firm online today to schedule an appointment to discuss your situation and how we can help.