How can an attorney help with probate?

An experienced Nevada probate attorney can answer your questions and assist you and your family with estate administration and the probate process. An attorney can assist with an inventory of the estate assets, notifying heirs, beneficiaries, and creditors, administering a trust, paying applicable taxes, and distributing estate assets. 

Is a power of attorney valid after the death of a family member?

No. A Property Power of Attorney, Healthcare Power of Attorney, Living Will, and other Advance Directives cease to be valid once a person dies. When a person dies, their Last Will and Testament and any applicable trusts govern, if they had one. If not, their estate will proceed under the laws of intestacy. 

What is a Living Will and Advance Directives?

A Living Will and Advance Directives allow you to make your wishes known regarding the end of your life, especially as it relates to extra-ordinary life-saving measures and medical care and treatment you do or do not wish to receive.

What does probate mean?

Probate is the legal process of administering a person’s estate after their death. Your estate must pass through probate regardless of whether or not you have a Last Will and Testament.

If you have a Will, a judge will review your Will to ensure that it is valid and properly executed. Then your executor will administer the estate according to the instructions in your Will. This includes who will have custody of and care for your children, paying any applicable estate taxes, and distributing your assets. A probate lawyer can help the executor administer your estate.

If you die without a Will, the probate court will appoint an estate administrator and follow Nevada laws of intestacy to distribute your assets.

What should I do if a family member died?

Losing a family member can be difficult. First, take time to grieve. If your loved one had minor children or pets, make arrangements to make sure they are cared for. When you are ready to move forward, start by obtaining certified copies of the death certificate. Notify family members. If your loved one was receiving benefits like a pension, retirement benefits, or had a life insurance policy, notify the appropriate provider. Then contact a probate attorney to help you have the Will admitted to probate and to have the estate administered.

What happens if I die without a Will?

A person who dies without a Will died intestate. Nevada has enacted laws that specify how your assets will be transferred in the event you die without a Will. However, by relying on the laws of intestacy, family members may receive estate assets in a manner different than what you would prefer. 

Do I need a Will?

You are not required to complete a Will. However, by completing a Will, you have a plan for the distribution of your assets when you die. A Will can also contain provisions for who will care for your minor children after you die. You can also identify the executor of your estate: the person who will be responsible for managing your affairs after your passing.