In Nevada, a legally complex and personally annoying situation known as “double probate” can arise. When it does, it often catches families by surprise. Clear Counsel Law Group frequently handles such cases and offers free consultations to clarify these matters.
What is Probate?
Probate is a legal process triggered when someone passes away leaving assets (like a house, car, or bank account) in their name only. This process, overseen by the probate court, ensures the payment of debts and distribution of assets to the rightful heirs or those designated in a will.
Double probate typically happens when an asset, such as a house, remains solely in the name of a deceased person and isn’t addressed through probate at the time of their death. For example, if a mother passes away and leaves a house only in her name, and the father (her surviving spouse) also passes away years later without having transferred the house’s title, the children will face a double probate situation.
The Double Probate Process
In double probate, two separate probate processes are required. First, the mother’s estate must go through probate to transfer the property officially. Now that the house and other assets are officially the property of the father, the father’s interest in the property must also pass through probate. This dual process can be complex and requires careful legal handling.
From certain perspectives this can seem needlessly complex and even silly. It is obvious that assets jointly owned would transfer from one spouse to another and then from that spouse to children and other descendants. However, people remarry, some assets are sold or transferred, and the paperwork that certifies all of those changes needs to exist to put out fires and avoid disputes.
Addressing Double Probate Issues
Probate attorneys gain extensive experience dealing with double probate cases simply because they come up so frequently. They guide families through the intricacies of handling two estates simultaneously, ensuring that assets are correctly transferred to the entitled heirs.