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Losing a loved one is a stressful, difficult, and exhausting time – not to mention a busy time. While dealing with the funeral and everything that comes with it, there is also the challenge of the probate process. The probate process involves establishing the validity of a will and dividing up the remaining assets of the decedent. In Nevada, the type of probate administration required is based upon the total value of the decedent’s net assets. In certain circumstances, the probate process can be extremely complicated, but we can help.
At JK Nelson Law, we have experience in handling the administration of estates of all sizes and will walk you through the process, being with you the entire time to ensure things are handled in a timely manner. We understand that this is a time of grieving for you and your loved ones, so we will take care of the probate process for you to allow you and your family to spend your time together. We will answer any and all of your questions to ensure that you know how the process works and will work to ease any of your concerns about your loved one’s will. We also know just how stressful things can become if the decedent did not leave a will behind. Let us represent you through this difficult time so that we can resolve your loved one’s final wishes, and let your family focus on one another.
So, what exactly is probate? What is a probate administrator? The probate process involves collecting and then dividing of a deceased person’s assets according to their will. During the process, creditors will also need to be notified of the deceased’s passing. Liabilities, or payments that must be made from the estate, will also be paid during the process. A common question we receive about the probate process is, “why do I need to have an attorney to go through the probate process?” If you were named as the “executor” of your loved one’s estate, then you should hire an attorney to help you complete and file all of the required paperwork. However, if your loved one did not leave a will, your family will need to hire an attorney for probate administration to ensure that the probate process is completed in an accurate and efficient way. To ensure that the probate process goes quickly and easily, you will want to hire an attorney as soon as possible, we will discuss what documentation you will need to have to submit to the probate court, and then will complete and submit any paperwork that the court may need to evaluate your loved one’s assets and estate.
Probate in Nevada
In Nevada, if a decedent passes away with no real estate and no debts, with their assets totaling less than $25,000, then a full probate administration before a Court may not be necessary. JK Nelson Law has the experience necessary to direct you appropriately to ensure that no more time and energy is spent in probate administration than is absolutely necessary.
If a decedent passes away with an estate less than $100,000 in assets after subtracting any liens or secured debts, then a Set Aside Probate Administration is likely the best option for the probate of the party’s estate. This generally requires a submission to the court in the county in which the person was a resident or in which there is real estate owned by the decedent. Oftentimes, the matter can be resolved with limited appearances at the Court and can be finalized within 45 to 90 days. If you find yourself in this situation, JK Nelson Law will make all appearances on your behalf and work to expeditiously finalize your matter.
A decedent passing away with an estate consisting of assets less liens and secured debts (mortgages) of $100,000 to $300,000 will require a Summary Administration to probate the estate. This will require the Court to oversee the sale of any real property and will generally take 6 months to complete. While a Summary Administration requires some oversight and additional work, JK Nelson Law will work to ensure the process goes smoothly, making appearances on your behalf, and keeping you up to date on the process.
If a decedent passes away with an estate consisting of assets less liens and secured debts (mortgage) over $300,000, the Courts will require General Administration. This probate matter is the most extensive of probate administrations and will require multiple court appearances, court filings, and other prescribed procedures. However, at JK Nelson Law, we have experience in dealing with large estates and can make sure things go as quickly and smoothly as possible.
If a decedent passes away in another state, leaving real estate located in Nevada, an ancillary probate may need to be completed. The extent of the probate administration required will depend upon the value of the real estate. JK Nelson Law has handled numerous ancillary probate matters to assist out of state clients and can work to handle your matter as well.
In Las Vegas, the probate process can take anywhere from a few weeks to a few years, so it is extremely important that you have someone guiding you throughout the entire probate process. Call us to schedule a free consultation so we can begin to take you through the probate process quickly so that you can focus on your loved ones.
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