When someone dies, they leave behind property and other assets. They may also have debts, liens, taxes, and other bills that must be paid. These debts must be settled before the remaining assets can be divided and distributed. Paying the debts of the estate and distributing the remaining assets is one of the primary functions of probate and estate administration. If you were appointed as the personal representative of someone who recently passed away, you might have questions about how to provide a notice to creditors.
Nevada probate attorney Natalia Vander Laan can help by answering your questions and guiding you through the probate and estate administration process. From her offices in Minden and Carson City, Nevada, Natalia Vander Laan proudly serves people throughout the Carson Valley, Carson City, and Lyon County.
Time Limits for Notice to Creditors in Deceased Estates
Under Nevada probate law, the personal representative of the estate is required to give notice to creditors. Creditors then have a window of time to file a claim against the estate. Creditor claims are filed with the Clerk of Court in the county where the deceased person lived.
If the value of the estate is less than $300,000, creditors have 60 days to file a claim. If the estate is worth more than $300,000, creditors have 90 days. Claims that are not filed within the prescribed time period are forever barred. These deadlines are strictly enforced.
Types of Creditors: Known and Unknown
Different rules and notice procedures apply if the creditor is unknown versus if the creditor is known.
As part of the estate administration process, the personal representative of an estate should gather the decedent’s records to identify creditors. But even after the most diligent search, some creditors may not be discovered. To give notice to these creditors, Nevada law (NRS 155.020(4)) requires notice through publication in a newspaper using the form below.
The notice must be published three times over a period of at least ten days. Once the publication is complete, the personal representative of the estate must submit an affidavit that notice to the creditors was published.
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as personal representative of the estate of ………………………….., deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within ………. (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.
Notice to Known Creditors
Known creditors are entitled to individual notice by mail. The personal representative of the estate should mail a copy of the notice to creditors whose names and addresses are “readily ascertainable.”
If a creditor was not known to the personal representative when the notice was first published but is discovered before the time for filing claims against the estate expires, the creditor must be mailed a notice informing them of the timeframe for filing a claim. The timeframe is 30 days after the notice is mailed to the newly discovered creditor or the original expiration date, whichever is later.
The Vander Laan Law Firm: A Personal Approach to Nevada Probate Law
Serving as the personal representative of an estate is a big responsibility, and it is not easy. But with guidance from an experienced probate and administration attorney, the process can be handled smoothly and without personal liability exposure for the estate representative.
If you have been named the personal representative of an estate, Nevada probate attorney Natalia Vander Laan can help by answering your questions and guiding you through the estate administration process. In any matter she takes on, Natalia strives to explain complex concepts in plain language so her clients understand the details of what is happening in their case. Her clients find that she is patient and understanding, and has a thorough knowledge of Nevada probate law.
Natalia makes sure to spend as much time as necessary with her clients, getting to know them and their unique needs. She takes pride in providing top-notch legal advice and representation.