Probate Made Easy
We know how complex and overwhelming the probate process can be. We also know that you want to get it over with as fast and painlessly as possible. That’s why our Reno probate attorney provides representation that makes it possible for you to focus on what’s really important, with the peace of mind of knowing that every step of the probate process is under control.Schedule a Consultation
Information About Probate in Reno, NV
If you have questions about the probate process, our Reno probate attorney has answers. Here are some of the most common questions that clients ask about probate in Nevada.
Probate is generally necessary anytime a person passes away with property that is titled solely in his/her name. In that case, a court order is necessary in order to transfer legal ownership of the property to the decedent’s heirs.
If, however, the decedent’s name was not the only one on the title, it may be possible to avoid probate. Two common examples of this are joint bank accounts and real estate held as “joint tenants with rights of survivorship.” Property that has a “Pay-on-death” or “Transfer-on-death” designation can also skip probate.
If probate is required, the type of probate proceeding will generally depend on the value of the property. In Nevada, the different levels of probate break down like this:
- Affidavit of Entitlement: A simple form used to claim the assets of the decedent if the estate is worth less than $25,000 and do not include real estate. (Surviving spouses can use the Affidavit of Entitlement for up to $150,000).
- Set Aside: An expedited probate proceeding for estates that have less than $100,000 of assets. This proceeding is for simple estates and may not be appropriate for estates that have many creditors or other complications.
- Summary Administration: A formal probate proceeding for estates with assets of less than $300,000. Summary administration is slightly simpler and quicker than a general administration.
- General Administration: A formal probate proceeding for estates with assets of more than $300,000. This is “full blown” probate and typically takes up to 12 months to complete.
The probate process generally beings with filing a petition in the probate court where the decedent lived (or owned real property). However, before filing the petition, there are few steps that should be taken:
- Locate the Will: If the decedent had a will, you’ll need to locate the original and lodge it with the probate court.
- Gather and Safeguard Assets: Make appropriate arrangements to secure the decedent’s residence, vehicles, and other property. Do not let anyone remove items of clothing, jewelry, personal documents, or other property from the decedent’s residence.
- Notify Financial Institutions: To protect against fraud, notify the decedent’s bank, credit card company, and other financial institutions that he or she has passed away.
- Collect or Forward Mail: Collecting the decedent’s mail helps to prevent potential identify theft from third parties who might have access to his or her mailbox. It can also help you identify the decedent’s assets and debts as account statements and bills arrive by mail.
- Order Death Certificates: Death certificates typically take 1-2 weeks, so order them as early as possible to avoid unwanted delays in administering the estate. It’s a good idea to 5-10 certified copies of the death certificate.
The executor is responsible for carrying out the administration of the decedent’s estate. This includes initiating the proper probate proceeding, paying creditors, and distributing the decedent’s assets to the proper heirs. It’s generally advisable for an executor to retain the services of a probate attorney to assist with this process.
The cost of probate typically depends on the size of the estate. Costs that will need to be paid include attorneys fees, court costs, and miscellaneous costs for services like appraisals and broker commissions. In most cases, these expenses can be paid out of the assets of the estate.
Our Reno probate attorney follows the statutory formula set forth in NRS 150.060 for calculating attorneys fees, which is based on a percentage of the estate’s value. This way, there’s no risk of hourly fees draining the estate or exceeding the original estimate.
Services Offered By Our Reno Probate Attorney
Our Reno probate attorney has extensive experience guiding estates through the probate process. From small to large, we can help you get through probate quickly and as cheaply as possible.
We help clients with all of the following probate related matters:
- Set asides
- Summary administration & General administration
- Trust administration
- Will & Trust contests
- Creditor’s claims
Contact Us For Probate in Reno, NV
If you need assistance with the probate process or with the proper administration of a Trust after someone dies, do not hesitate to contact us to speak with an experienced Reno probate attorney today.