Probate Process in Nevada

Probate is the legal process through which a deceased person’s assets are distributed according to their will, or if there is no will, according to state law, and their final affairs are settled under court supervision.

Probate is necessary if the descendent chose to have a last will and testament as part of their estate plan or if the decedent had no estate plan and owned assets solely in their name, without joint ownership or beneficiary designations.

The probate process involves multiple steps, including proving the validity of the will, inventorying and appraising assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries or heirs.

The probate process in Nevada typically begins by filing a petition with the court in the county where the decedent resided at the time of their death. The petition may be filed by an interested party, such as a personal representative named in the decedent’s will or a qualified family member if there is no will.

Once the petition is filed, the hearing takes place, at which time the court will appoint a personal representative to manage the probate process, if such person meets the legal requirements.

The personal representative is responsible for identifying, inventorying, and appraising the decedent’s assets. The probate estate may include real properties, bank and investments accounts, personal property, and other property owned by the decedent at the time of their death. The inventory and appraisal serve as the basis for determining the value of the estate, distributing assets to beneficiaries, and determining the attorney’s fees.

Nevada law requires the personal representative to notify known creditors of the probate process via mail. The unknown creditors are notified by publishing a notice in a local newspaper. Creditors have a specified period of time, typically 60 or 90 days, to file their claims against the estate. The personal representative is then responsible for reviewing the claims and paying valid claims from the estate’s assets.

Once creditors’ claims have been addressed, all administrative issues have been resolved, and taxes have been paid, the personal representative can petition the court for approval to close the estate. The court will review the final accounting, calculation of attorney’s fees and costs, calculation of personal representative’s compensation, if any, and the planned distribution of assets, and if there are no objections, the court will issue an order approving the petition and officially closing the probate proceeding.

The attorney’s fees and costs as well as personal representative’s compensation are paid from the estate and the remaining assets are distributed to the beneficiaries according to the terms of the decedent’s will or Nevada’s intestate succession laws if there is no will. The personal representative is responsible for ensuring that assets are distributed accurately and in accordance with the law.

The probate process in Nevada can be complex, expensive, and time-consuming, but understanding the main steps and requirements can help expediate the administration of the estate and ensure the efficient and proper distribution of assets to beneficiaries.

Natalia Vander Laan is a Minden attorney