Losing a loved one is extremely stressful. We know. We too have lost people we love. But we also know that with an experienced Nevada probate lawyer at your side, it is much less stressful.
To help ease the stress, we like to explain in clear, simple language the process of probate. In other words, we don’t talk to you like any other attorney in Las Vegas, we talk to you like a friend.
We hope the following helps you understand the basics of probate in Nevada. Answers to the most common questions are here. If you have any others, please call the probate attorneys of Drizin Law at 702-798-4955.
After the loss of a loved one, there is much to do. The days and weeks to follow become a blur, a rapid succession of one pressing matter after another. It can leave you exhausted, drained…then, there is probate. Sadly, this process often starts just when we think we cannot handle it anymore.
After the loss of a loved one, there are many reasons you may need a lawyer for probate.
The top 10 are:
- A need to settle the estate of your lost loved one.
- To make sure estate matters are administered correctly.
- To ensure the courts honor the wishes of your deceased loved one.
- To ensure complex assets are properly managed during probate.
- To help settle disputes between unhappy beneficiaries like an ex-spouse, children from a first marriage, siblings, etc.
- To find legal solutions for a complex estate involving tax, asset appraisal, or asset concealment issues.
- To bring or defend against the contested will or an action for breach of fiduciary duty.
- To ensure personal or real property is properly transferred to you.
- To prevent someone from taking advantage of your loved one’s death.
- Finally, if you’ve been appointed the executor of an estate, you may face difficult choices ahead. Don’t worry, we can help.
- Creditors Claims
- Inheritance Law
- Deed Upon Death
- Trust And Will Contests
- Property Rights
- Hand Written Wills
As probate lawyers in Clark County, NV, Drizin Law has been helping families with the
Probate process for decades. We can help you.
Probate is the legal process of administering an estate of a deceased person. A probate court determines the legal validity of a testator’s will and grants its approval by granting probate to the executor.
In the State of Nevada, a probate court officially appoints the executor named in the will or an administrator if there is no will. This person will manage the process of collecting the assets of the deceased person, pay any liabilities and distribute the assets of the estate to beneficiaries named in the will. When a person dies without a will (intestate) assets will be distributed to the heirs of the Decedent.
At Drizin Law, our goal is to protect your rights and restore your peace of mind. Please call 702-798-4955 to learn more. We want to help.
“We Have A Will, Do We Still Need To Go Through Probate In Nevada?”
Many people are surprised to learn that even when your loved one had a will, probate is required. A will unlike a trust, does not avoid probate.
Given that probate ensures the proper, legal distribution of assets, some wonder if everything their loved one owned is subject to an order of the court? The short answer is “no”. Certain assets will not go through probate. These include:
- Retirement accounts like 401(k)s, and pension plans, provided a beneficiary is named
- Life insurance proceeds (with some rare exceptions)
- Securities registered as TOD (Transfer on death)
- Property held in a living trust
- Most employment earnings due at death
- Joint or POD (Payable on death) bank accounts
- Joint tenancy property with survivorship rights
- U.S. Savings bonds co-owned or registered POD
Also, the State of Nevada does not require probate IF there is no real property (real estate) and the value of the decedents’ possessions is less than $25,000. And, Nevada is a community property state. This means that any property acquired DURING marriage is shared equally by both and not subject to probate if it’s been titled properly.
If all this sounds complicated, well, it can be. This is why Las Vegas probate attorneys like the Drizin Law Firm remain in demand. Simply put, the more property we own, the more we need a trusted and experienced probate lawyer. And should anything go wrong…
What Can Go Wrong
If your loved one executed a will, the will may not be enforceable under certain circumstances. Moreover, even when a will is valid, disputes could arise during the probate process.
In case there were children from the previous marriage, this can also raise issues in probate. When anything goes wrong with probate, a skilled attorney is vital in protecting your interests. Why not add our number to your phone now, before you need us. It is 702-798-4955.
Depending on whom you ask, you may hear there are two or four kinds of probate proceedings in Nevada. Some say two, formal and informal. But this is a bit too general.
There are really four types:
intended for estates that exceed
$300K in value
for estates with a net value between
$100K and $300K.
for estates with a value between
$25K and $100K.
Affidavit of Entitlement
in which a signed, notarized
statement that the total value is less
than $25K with no real estate.
Even when the family may decide not to initiate a probate, creditors have the right to do so. Most people don’t realize that if their loved one was receiving Medicaid, upon the death of the recipient, the State of Nevada is entitled to be reimbursed.
In order for creditors or any other parties with an interest in the estate to receive notices and file claims with the court, most probate cases take a minimum of four to six months. But if the estate is larger and there are numerous competing claims, it can take far longer.
One of the most important things anyone can do for their family is to plan what happens to their estate once they pass. This is best seen when someone has taken the steps needed to prevent probate from falling on their loved ones after they’re gone.
The Law Offices of Lee A. Drizin probate attorneys help clients achieve their estate planning goals, including the avoidance of probate. With a strong work ethic and solid reputation for protecting the interests of our clients, we are a leader in providing effective probate administration and trust litigation advice.
Lee Drizin leads a team of caring, dedicated lawyers who give the personal attention only a small law firm can provide. We can’t make your pain go away, but we can help you navigate the legal twists of the probate process. This is why our clients consider us the best probate law firm in Las Vegas. But don’t take our word for it, read what some clients have said to us directly or review what others say on Yelp.
Once you do, we are confident you too will choose Drizin Law to handle your probate case or estate (probate-avoidance) planning. To discuss your Nevada probate legal matters right away, please contact the Law Offices of Lee A. Drizin, Chtd. (702-798-4955).
– Janet ★ ★ ★ ★ ★
I am very impressed with Drizin Law. Lee spent time explaining all my options and his paralegal was super easy to work with. They were very friendly and efficient, went above and beyond and even provided me with additional information after our case was closed. I highly recommend this firm.