FAQs

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. 

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.

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.

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.

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. 

Your estate is all the property you own at the time of your death. Your estate may include real property, like houses and investment properties, as well as personal property such as bank accounts, retirement accounts, and investment accounts, as well as jewelry, automobiles, and other items.

A lawyer can help by drafting a Will and other estate planning documents, like a trust, a Property Power of Attorney, a Healthcare Power of Attorney, a Living Will, and other Advance Directives. A lawyer will also provide advice on how to title your assets to minimize your estate tax liability and ensure a smooth administration of your estate.

A basic estate plan includes a Last Will and Testament or a Trust and associated documents, an Estate Planning Letter, a Property Power of Attorney, a Healthcare Power of Attorney, a Living Will, an Affidavit Authorizing Burial or Cremation and Request to Nominate Guardian. These documents give you control over how you will spend your final days, describe how your property will be transferred upon your death, and ensure that your wishes will be carried out if you are unable to carry them out on your own.

Your estate planning attorney may recommend a Trust or a Will. A Trust is similar to a Will in that it specifies how your property will be transferred, but a Trust offers additional privacy and increased flexibility to accommodate more complex estate planning situations.