If you lost a loved one and need help with the probate process, you’ve come to the right place. We created this resource to answer the most common questions related to administering an estate and the probate process in Nevada.
- My loved one just passed away and I don’t even know where to start. What should I do? First thing you should do is understand that it’s okay to take time to grieve with your family. The probate process in Nevada cannot begin until 30 days after death, so there’s nothing you can do right now anyways. Here’s an article with more information about what to do after a loved one has passed away.
- What should I do if I’m named as executor of an estate? This is a common question. As executor of an estate, you’re going to be person responsible for initiating a probate proceeding (if required), as well as gathering and distributing your loved one’s property. Here’s more information about serving as executor of an estate.
- Should I keep paying the mortgage or car payment during probate? It depends. If possible, it’s a generally a good idea to keep paying these types of bills so that the property isn’t repossessed or foreclosed. But if money is tight, you might not have a choice. Here’s some tips on what to do in this situation.
- The bank gave me a form to fill out called an “affidavit of entitlement.” What is this? The affidavit of entitlement is a legal form that allows you to claim property that belonged to the decedent. However, it can only be used if the decedent did not own real estate and if the total value of the decedent’s other property is less than $25,000. Here is some more information on the affidavit of entitlement in Nevada.
- What type of probate proceeding will I need to use for my loved one’s estate? In Nevada, there are different kinds of probate proceedings depending on the value of the decedent’s estate. Estates worth less than $25,000 and that do not own real estate can typically skip probate, but all others usually have to go through one form or another of the probate process. Here is a quick breakdown of the types of probate in Nevada.
- How long does the probate process take in Nevada? It usually depends on the size of the estate. Very small estates can go through probate in as quickly as six weeks. Larger estates, including estates that include real estate, may take up to nine months or longer.
- My loved one died with lots of medical bills and other debt. Who is responsible for paying them off? Generally speaking, debts will be paid from the assets of the estate before anyone is given an inheritance. However, there is an important exception for surviving spouses and minor children that can result in the debts being wiped clean. Here is more information.
- Do I need a lawyer for probate? Not every estate going through probate needs a lawyer. Here’s an article to help you decide whether you need a probate lawyer.
- How much does a probate lawyer usually cost? The cost of hiring a probate lawyer will typically depend on the complexity of the estate. Some probate lawyers charge by the hour, but we charge a flat fee so that there are no surprises when it comes to the final bill. Here is a break down of our fees for probate administration.
- I can’t afford a lawyer, what are my options? There are a number of low cost or free legal services for low-income families. Here’s a list for Reno, NV.