How Long Do You Have to File for Probate After Death?

When a relative or loved one dies intestate or leaving only a will, a court proceeding must be opened to ensure the deceased person’s assets are accounted for and distributed according to the laws of intestate succession or their wishes and that all legally enforceable debts are paid. The legal process for accomplishing these tasks is called probate.

Amidst the grief that can accompany the loss of a loved one, it is easy to lose sight of the need to open an estate. Many people ask, “How long do you have to file for probate? And what are the probate deadlines?”

Here, we answer general questions about when and how to file for probate and why probate is important. If you recently lost a loved one and were named as the estate executor or administrator, contact the Vander Laan Law Firm to schedule an appointment to speak with Nevada probate attorney Natalia Vander Laan. She can answer questions and help you handle your loved one’s legal affairs.

When to File for Probate

In Nevada, there is no time limit or “statute of limitations” for when to file for probate. But bad things can happen if you wait too long. Timely filing for probate protects the deceased person’s assets and prevents someone with little connection to the deceased from opening probate first.

A stranger with little relationship to the deceased person can legally open probate. For example, a creditor who is owed a debt, an opportunistic realtor looking to sell property, the County Public Administrator, or a lawyer looking to capitalize on the death of your loved one can all open probate.

There are also practical reasons for opening an estate soon after losing a loved one.

• Heirs and beneficiaries are often entitled to some of the deceased person's assets. An inventory must be taken before probate assets can be transferred to the deceased person’s heirs and beneficiaries.
• Once an estate is opened, the probate court will issue “Letters Testamentary” or “Letters of Administration” that authorize the estate administrator or executor (“personal representative”) to conduct business on behalf of the estate. Without this legal authority, estate assets are left in a sort of legal limbo and cannot be transferred.
• Opening an estate allows the named executor or administrator to conduct business on behalf of the deceased person’s estate. Suppose, for example, squatters move into the deceased person’s house. Without Letters, the deceased person’s heirs have no way to force the squatters to leave.
• Many brokerage houses will only hold a person’s assets for a limited time after death. If the financial institution can no longer communicate with the account holder or their representative, they might turn the funds over to the state’s Unclaimed Property Division.

Even though Nevada does not impose a firm legal timeframe for opening probate, the Vander Laan Law Firm recommends consulting with a probate attorney and opening an estate soon after the loss of a loved one.

How to File for Probate

Probate begins by filing a petition to open probate. The person opening the probate proceeding must provide a certified copy of the death certificate and the original will, if the deceased person had one. The probate court will review these documents and issue “Letters Testamentary” if there was a will or “Letters of Administration” if there is no will.

Once the estate has been opened, the probate process entails:

• Providing notice to creditors that the estate has been opened.
• Identifying and inventorying assets that are subject to probate court jurisdiction
• Paying estate debts and taxes
• Filing a petition for final distribution
• Closing the estate

Do I Need an Estate for a Small Estate?

In some situations, estate assets transfer outside of probate, such as if assets were owned by a trust, in a joint tenancy, or in the case of retirement assets with a named beneficiary.

In other cases, such as when the value of the estate falls below the legal threshold, opening an estate may be unnecessary. If the total gross value of the estate is less than $300,000, the estate may qualify for Summary Administration. If the estate is valued at less than $100,000, it may qualify for Set-Aside Probate. And for estates valued at less than $25,000 (excluding the value of any vehicles) that do not include real property, the estate representative may only need to file an Affidavit of Entitlement.

How the Vander Laan Law Firm Can Help

Probate can be a complicated and time-consuming process. When you lose a loved one, it is important to allow yourself to process the loss and grieve for your loved one. Let the Vander Laan Law Firm shoulder the burden of filing for probate and managing your loved one’s estate so you can concentrate on the grieving process and mourning the loss of your loved one.

Contact Natalia Vander Laan Today

The Vander Laan Law Firm can provide advice and legal guidance to help you navigate the Nevada probate court process. 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.