Set Aside Probate lawyers
Meet Your Set Aside Probate Attorneys
Nevada law provides a simplified probate option called Set Aside that helps families avoid the lengthy traditional probate process. Also known as “set aside without administration,” this streamlined approach allows qualifying estates to transfer assets more quickly and directly to heirs.
The set aside probate attorneys at Clear Counsel Law Group help Nevada families determine if their loved one’s estate qualifies for Set Aside probate. We’ve guided numerous families through this expedited process, saving them both time and stress during an already difficult period.
For many Nevada families, Set Aside probate offers welcome relief from complex court proceedings. Our Nevada Set Aside probate lawyers handle the legal details while you focus on what matters most – honoring your loved one’s legacy and taking care of your family.
What is Set Aside Without Administration?
Set Aside is a procedure within probate law that facilitates the direct transfer of a deceased person’s assets to rightful heirs without undergoing the complete probate process. Aimed at expediting the distribution of assets from smaller and less complex estates, this method minimizes the time, paperwork, and expenses often associated with standard probate.
Set Aside is handled in two different fashions based on the will. If there is a will, a Petition to Provide Will and Set Aside without Administration is filed. If there is no will then a Petition to Set Aside without Administration is used. An experienced probate attorney can assist you in determining which path is right for you.
What Qualifies for Set Aside in Nevada?
Set Aside offers a streamlined path for smaller estates, but specific requirements must be met to use this simplified process.
Estate Size Requirements Nevada law allows Set Aside for estates valued under $100,000. This helps families with modest estates avoid lengthy probate procedures. While this might seem like a substantial amount, it represents the total value of all assets combined.
Types of Property Allowed Set Aside works best with straightforward assets like bank accounts, stocks, vehicles, and personal belongings. While Nevada does permit real estate in Set Aside cases, additional legal steps are required. Most families find Set Aside most beneficial when dealing with basic financial accounts and personal items.
Managing Estate Debts Before pursuing Set Aside, it’s crucial to review any outstanding debts of the estate. Even if debts would reduce the estate’s value below $100,000, Set Aside may not be appropriate for estates with significant liabilities. The process works best for estates with minimal debt, as complex debt situations require more thorough legal procedures.
How Long Does Set Aside Take vs. Regular Probate in Nevada?
The Set Aside Timeline After a loved one passes, families can start the Set Aside process in just 30 days. The court reviews a simple petition – either to prove a will and set aside the estate, or to set aside without administration. Since Set Aside serves smaller estates, the court typically processes these cases quickly. Most families receive their inheritances within a few weeks to two months, depending on the court’s schedule and how straightforward the estate is.
The Standard Probate Timeline Regular probate takes considerably longer than Set Aside. The process begins when someone files a petition with the probate court. The court then appoints an executor (if there’s a will) or administrator (if there isn’t) to manage the estate. This person must inform all possible heirs, beneficiaries, and anyone the deceased person owed money to. They also need to pay off all debts before giving out any inheritances. Due to these requirements, standard probate often takes several months to several years, especially if family members disagree or the estate involves complex assets.
Get Help Choosing Your Path At Clear Counsel Law Group, we help Nevada families determine whether Set Aside offers the right solution for their situation. Set Aside can spare families from a lengthy probate process during an already difficult time. Our probate attorneys will examine your specific circumstances and guide you toward the most efficient path for distributing your loved one’s estate. Contact us to discuss which option best suits your family’s needs.