How Probate Laws Work in Nevada

If you’ve recently lost a loved one who lived in Nevada, you may be wondering what the next step is. While you’re grieving, you will have to take care of the estate and any assets of the deceased person. This process cannot be delayed for long, especially when other heirs are hoping to inherit from the decedent.

Probate is the legal method of distributing the assets of the estate and paying any debts owed. The court oversees the handling of the estate to ensure the wishes of the decedent as outlined in the will are followed. If you’re involved in the process, it’s important that you understand some of the basics.

Is Probate Required in Nevada?

Probate is necessary in Nevada to disperse the estate and is required by state statute. However, not all estates will need to go through probate. Before petitioning for probate, you need to know if an estate qualifies to skip the process.

How Do You Avoid Probate in Nevada?

The best way to avoid having an estate be in probate is by placing it in a revocable living trust. As long as you have a named beneficiary of the trust, all assets will automatically go to that person.

Any assets that have a beneficiary named for them will not have to be included in probate. This may include life insurance policies and retirement accounts. Bank accounts and investment tools also often have someone named as payable on death. If the asset is owned jointly by two or more people, it will go to the surviving owners with no need to include it in probate.

Can an Executor of an Estate in Nevada be Compensated?

Yes, an executor or personal representative may be compensated for their time working on the estate. They may also be paid for any expenses they incur as they do their job of managing the estate.

How Much Does an Executor in Nevada Get Paid?

Chapter 150 of Title 12 of the Nevada Revised Statutes allows for compensation as outlined in the will. If no compensation was included in the will, they can receive four percent of the first $15,000 of the value of the estate. They may get three percent of the next $85,000 and two percent for anything over $100,000.

How Long Does Probate in Nevada Take?

The timeline for probate can vary based on the size and complexity of the estate. An estate that can be set aside or use summary administration will take less time than formal probate. At minimum, you can expect probate to take four to six months, since creditors have three months to submit claims. However, it is more likely to take around a year. If there are any disputes or other delays, probate can take many months or even years.

Do All Estates Have to Go Through Probate in Nevada?

Not all estates must go through probate in Nevada. If the estate was placed in a trust, you can avoid probate. Even if the estate must go through probate, you have options. For small estates up to $20,000 with no real property, an affidavit is all that is needed to transfer ownership of the estate. If the sole heir is the spouse of the deceased, the property may be valued up to $100,000 and still qualify as a small estate. For those with multiple heirs with an estate at $100,000 or less, an heir can file a petition with the court to set aside the assets for those who will inherit them. This is known as a set aside estate.

A third option exists for estates up to $300,000 with a summary administration. This is a shortened probate process with less oversight by the court.

Does a Will Have to Be Probated in Nevada?

A will must be filed with the court within 30 days after the person’s death. The court will determine the validity of the will if there is a question or if it is contested. The will must be filed even if the estate doesn’t need to be probated.

Settling an Estate in Nevada

The process of settling an estate in Nevada is similar to what happens in other states. The details may be different, especially as it applies to deadlines and forms necessary for the process. If you’re involved in the process, you should know the basic steps for probating an estate.

If you have questions about any of the steps, you can talk to an estate attorney who can help you through the process. Some estates will require more oversight from the court.

How Long Do You Have to File Probate After a Death in Nevada?

The will must be filed with the court within 30 days of the person’s death even if a petition to file probate is not submitted at the same time. There is no deadline or statute of limitations to file probate in Nevada. However, it is important to file in a timely manner to gain access to any assets.

Probate Court in Nevada

Probate is handled by the district court in Nevada. There are 11 district courts, which serve the 17 counties of Nevada. To find the location of these courts, you can visit the Nevada Courts website District Courts (nvcourts.gov).

Probate Code in Nevada

The statutes regarding probate in Nevada are found in the Nevada Revised Statutes, Chapter 136. You can find the statutes on the state legislative website NRS: Titles and Chapters (state.nv.us).

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