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The death of a friend or family member may leave you wondering how to settle your loved one’s personal and financial affairs and wondering whether probate is necessary.

The probate attorneys at Clear Counsel Law Group provide a free consultation to provide clear answers to your questions quickly, inexpensively and correctly. You may not need to hire an attorney.

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When dealing with the unfortunate loss of a loved one, family members are often faced with the daunting task of locating and deciding what to do with the property of the deceased. There may be homes to be sold, creditors to pay, and money to be distributed. This is known as the probate process which can be an extremely complicated and frustrating task. The good news is that an experienced probate attorney can make the process simple and easy for you.

Types of Probate Administrations in Nevada

There are four different types of probate administrations in Nevada, depending on the value of the decedent’s assets. In some cases, a personal representative will be appointed and that person will be in charge of collecting all of the assets and making sure that they are passed to their rightful heir. In certain cases, the personal representative may also be charged with making sure that creditors of the decedent are paid.

First, if the person who passed away had less than $20,000.00 in assets and no homes or land, then the probate process is called an “Affidavit of Entitlement.” This is a streamlined process which a knowledgeable attorney can complete for you fairly quickly. The Affidavit of Entitlement process cannot be started until forty days after death. The standard is different for a surviving spouse. A surviving spouse can claim up to $100,000 with an affidavit of entitlement, provided none of it is real property.

If you don’t know what assets your loved one had or you don’t know the value, then a “Special Administration” petition can be filed with the Court.

Second, if the person who passed away had less than $100,000.00 in assets, a “Set Aside” proceeding can be used. The value of the estate can include personal property, homes, or land. This process can be started 30 days after death. Minimal court involvement is necessary for this process.

Third, if the person who passed away had assets valued at less than $300,000.00 then a “Summary Administration” will be needed. This process is significantly more complicated than the first two and requires following procedures for giving notice to creditors of the decedent and paying claims that meet certain criteria. In certain cases, the court requires that the personal representative buy a bond to ensure that they don’t mishandle assets. However, if you hire a reputable law firm, the bond requirement is often waived.

Fourth, if the person who passed away had assets over $300,000.00 then a “General Administration” will be conducted. Because of the large amount of money involved, this process is the most complicated and involves a significant amount of court supervision. In certain cases, the court requires that the personal representative buy a bond to ensure that they don’t mishandle assets. However, if you hire a reputable law firm, the bond requirement is often waived.

General Administration

For any estate over $300,000

Summary Administration

For estates with a net value under $300,000

Set Aside

For estates with a net value of under $100,000

In each case, the personal representative will be held responsible for payment of all damages caused by their mishandling of the estate’s property. For that reason, it is extremely important to make sure that you hire an attorney who has handled many probate matters and will carefully guide you through each step. A skilled attorney will also assist the representative in transferring titles of property, including homes and cars, to their rightful owner. If the title to a home or car is not properly transferred into the beneficiary’s name, it is still owned by the decedent and will be susceptible to foreclosure or repossession and there is nothing the beneficiary will be able to do about it. But, if the title is properly transferred, then the beneficiary will have authority to deal with banks and lenders because they are the properly documented owner by inheritance.

What if I don't know the value of assets?

If you don’t know what assets your loved one had or you don’t know the value, then a “Special Administration” petition can be filed with the Court. This process gives a personal representative authority to investigate into the decedent’s property to determine what property they owned and what it was worth. After the Special Administration is complete, the probate may be transferred into one of the types named above (other than an affidavit of entitlement), and the assets can then be distributed.

The attorneys at Clear Counsel Law Group handle many probate matters in all different categories. Clear Counsel Law Group has the knowledge, expertise, and experience to guide you through the probate process as quickly and painlessly as possible.

Testimonials

Clients and Legal Professionals Speak Out

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Very friendly, caring, listens very well, remembers the small detail. He has a great assistant name Natasha. Very caring and friendly as well.

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Client
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Jonathan is an excellent attorney and a great person. I can, without reservation, recommend him to my current and former clients for their probate matters.

Cory Jones

Personal Injury Attorney
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My husband and I had a great experience with Clear Counsel Law Group partner Jonathan Barlow and his thoughtful and efficient preparation of our wills! He helped us to think of the many scenarios that needed to be addressed that we never would have thought of. I originally prepared my own will with a software from a well known financial planner. However, I wanted to make sure that my children and spouse had a document that would hold up without any problem in probate court. I'm glad I did because I had some missed some very important items.

Nancy S.

Client
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Jonathan is a great person and attorney. He represented an elderly veteran in a case where I represented the guardian and he conducted himself intelligently in court and compassionately with his client. He visited his client and endeavored to make him feel heard. I highly recommend his services for estate planning, probate, guardianship, and the like.

Homa Woodrum

Guardianship Attorney
Clear solutions in a difficult time

Maximize Your Inheritance, Not Your Attorneys’ Fees

Probate is the court-supervised administration of a deceased person’s estate, including collecting and selling the deceased person’s assets, paying creditors and taxes, and distributing the remaining assets to heirs or beneficiaries.

 

Probate can be expensive, time-consuming and emotionally draining if you have the wrong probate attorney representing you or if you try to do it alone.

 

Our Nevada probate attorneys have the experience to ensure that after-death legal issues are resolved quickly, inexpensively and correctly. Let our experienced team protect your loved-one’s estate from creditors, taxes, disinherited parties, fraud, and expensive legal fees.

Common Probate Questions

The question that I am asked most frequently when someone has lost a loved one is whether probate is necessary. To answer this question, I find it easiest to make three columns into which we place the deceased individual’s assets: the first column is for assets that are owned by only the deceased individual with no joint owner and no one named as the beneficiary of the asset; the second column is for assets that have a joint owner or designated beneficiary; the third column is used if your loved one had a trust to identify any assets that are owned by the trust. All assets that fall in the first column generally require some form of probate proceeding. Depending on the total value of these assets, the probate process may be quick or may require more thorough probate court involvement. With very small estates, a simple affidavit may be used to transfer the assets without probate court involvement. It is important to note that even if your loved one had a trust, if he or she had any assets that fall in this first column, probate is still necessary for those assets. All other assets that fall in the second or third columns do not require any probate process before the assets can be transferred. READ MORE HERE
Depending on the size and complexity of the estate, you may need a probate attorney. Review the questions below and if the answers to them are yes, you likely need a probate attorney. Are the assets held outside of probate avoidance vehicles like trusts or life insurance? Does the size of the estate exceed the "small estate" rules? Is there family drama? Does the estate contain a business, commercial real estate, or other special asset? Does the estate lack the funds to pay its debts? Does the estate owe federal or state taxes? READ MORE HERE
You need to decide if you have the time and desire to serve as executor. Being an executor requires the time and diligence to wrap up the affairs of the deceased person. It also involves dealing with a fair amount of legal paperwork. If you do not feel that you can complete these tasks you can hire an executor support firm that will complete many of the tasks for you. If you can also petition the court to allow you to renounce your executorship.
Estates with a few assets are not subject to the complex, expensive probate process. In Nevada, if you the estate has less than $20,000, you do not need to go through probate. Rather, you can complete a form called an Affidavit of Entitlement that will allow you to transfer assets, such as a bank account, without court involvement. It is not necessary for a lawyer to complete this form, but we have skilled probate professionals on staff that will help with a few assets probate if you like. READ MORE HERE
No. The estate is the responsible party for the debts and taxes. However, it is important to consult an attorney if the estate cannot pay the debts and taxes. Certain creditors have priority over other creditors.
How do I access bank accounts? How do I sell my loved one’s house or vehicles? Or, can I keep the house? How do I distribute my loved one’s assets properly? Can I be reimbursed for funeral costs or other expenses I have paid? What should I do with my loved one’s household property? My brother is the executor, but he is not following the Will. What do I do? My loved one has a trust. Is probate necessary? Do i need a probate attorney? What do i do if my loved one had very few assets? Synopsis of Nevada probate law Do i have to pay my loved one's debts and taxes? Is probate necessary for my loved one's estate? I am named as executor in the will - What do i do now?   If you have asked these or similar questions, please set up a free probate consultation with one of our probate attorneys.

Flat Fee Pricing

Clear Counsel Law Group has extensive experience in representing executors in administering probate estates of all sizes and varieties. Our unique Flat-Rate Probate pricing is sometimes available for ordinary probate and trust administration services and protects your loved one’s estate and your inheritance from unnecessary fees. Don't stress! We'll be with you every step of the way.

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What about disputes?

Unfortunately, disputes may arise regarding your loved one’s estate. Someone may contest the will or believe that another person has taken advantage of your loved one.

The Nevada probate attorneys of Clear Counsel Law Group have extensive experience handing disputed probate and trust matters and guiding executors, trustees, and beneficiaries through the difficult process of handling disputes over your loved one’s estate or trust.

Other Practice Areas

Personal Injury

Estate Planning

What is probate?

Probate is the process that transfers legal title of property from the person who has died (the decedent) to their beneficiaries. The term probate refers to “proving.” Proving the existence of a valid last will and testament or determining and proving who one’s legal heirs are if there is no will. In other words, probate is the process used to determine who gets their property. Even if there’s a valid will in place, probate can take months or years before the distribution to inheritors.

probate attorneys nevada

Probate may be very complex and expensive. Because probate requires court approval, the process can tie up property for a year or more. If there is disagreement about who gets what, there could even be litigation. For this reason, it’s always wise to consult with a probate attorney. A good attorney can help speed the process and takes the burden off the hands of those who are grieving.

Is probate necessary in Nevada?

The primary function of probate is transferring title of the decedent’s property to their heirs and/or beneficiaries. If there is no property to transfer, there is usually no need for probate.

The probate process also provides a mechanism for setting a deadline for dependents and creates a time frame for the distribution of the remainder of the estate’s property to ones’ rightful heirs.

Nevada has different requirements for different sizes of estates:

Set Aside – For estates with a net value of under 100,000 dollars, a “Nevada Set Aside Without Administration” is allowed. The entire estate is immediately distributed to the surviving spouse and/or minor children.
Summary Administration – For estates with a net value of over 100,000 dollars, but less than 300,000 dollars, a slightly more streamlined probate option is available. Your attorney will know if this is the right option for you.
General Administration – For estates with a net value of over 300,000 dollars, Nevada requires a full probate proceeding. This may be complex and lengthy and a probate attorney is recommended to ease things along.

Can probate be avoided?

Probate can only be avoided with an effective estate plan. If you are making end of life arrangements now, consider meeting with an estate planning attorney to set up a trust. The cost of a trust may seem expensive, but it only a fraction of what probate can cost. If you are facing probate for a loved one, speak with a probate attorney to help streamline the work that will need to be put in. Ask if they offer a flat-rate solution to keep your costs down.

Having a last will and testament can help. Nevada allows for “holographic” or hand-written wills. Alternatively, some estate planning attorneys will offer to help you write a will at no charge.

Is there probate help?

Yes. There is help. There are attorneys, such as our law firm, but there are also many resources in your community and online. Never be afraid to reach out and seek guidance from trusted sources. Your financial, legal, and end-of-life professionals will know of resources that can help you and who to trust during these stressful times.