Frequently Asked Questions

Commonly asked questions about estate
planning in Reno, Nevada

The duration of the probate process can vary depending on the complexity of the estate, the efficiency of the probate court, and any disputes that may arise. Generally, probate can take anywhere from several months to a year or more to complete. It’s important to note that the probate process can be lengthy and time-consuming, so planning ahead and considering your options carefully is essential. In some cases, it may be possible to avoid probate altogether by setting up a trust or using other estate planning techniques.

The cost of probate depends on various factors, especially the size and complexity of the estate. Probate costs generally include court costs, attorney’s fees, and other administrative expenses. Our firm charges a flat fee based on a percentage of the total assets of the estate, as set by statute (NRS 150.060), which is usually 2-3% of the estate’s gross value. We can provide a more accurate estimate after a free initial consultation based on the case details.

If you are named as the executor in a will, your primary responsibility is to carry out the instructions and wishes of the testator (the person who wrote the will). This can typically only be done by opening a probate for the Decedent’s estate. The specific steps you need to take will depend on the circumstances of the estate, so it’s important to consult with an attorney to understand your legal obligations and ensure you fulfill them properly.

 The probate process typically involves the following steps:

  • Filing paperwork to open the probate case in court
  • Appointing a personal representative to administer the estate
  • Notifying the deceased person’s creditors and interested parties, such as beneficiaries or heirs
  • Identifying, inventorying, and valuing the deceased person’s assets
  • Paying outstanding debts or taxes owed by the deceased person or the estate
  • Distributing the assets to the deceased person’s heirs

These steps may vary depending on the specific circumstances of the probate case.

In Nevada, the surviving spouse will usually inherit all of the deceased person’s community property. The deceased person’s separate property will be divided up between the surviving spouse and the deceased person’s children. If the deceased person had no children, the separate property will be divided up between the surviving spouse and other family members. “Community property” is generally anything acquired during marriage, except if the property was received by gift or inheritance. 

If someone dies without a will, it is known as dying “intestate.” When this happens, the deceased person’s assets will be distributed according to the laws of intestate succession, which generally means the assets will be given to the person’s closest relatives, such as their spouse or children. However, the specific rules for intestate succession can vary depending on whether the assets are community property or separate property, so it’s important to consult with an attorney to determine the character of the deceased person’s assets before assuming who is entitled to inherit them.

Probate is usually necessary when a person dies with assets held in their own name without a designated “pay on death” beneficiary. These probate assets can include real estate, bank accounts, investment accounts, and personal property. If a person dies with probate assets, the court will appoint an administrator to oversee the estate and distribute the assets according to the laws of intestate succession or the deceased’s will.

Probate is the legal process that occurs after someone dies. The purpose of probate is to ensure that a deceased person’s assets are properly distributed to their heirs or beneficiaries. This process typically involves verifying the validity of the deceased person’s will (if one exists), paying outstanding debts or taxes, and distributing the remaining assets to the appropriate parties. Due to the complexity and time-consuming nature of probate, it’s important to consult with an attorney for guidance.

It’s generally a good idea to review and update your estate plan if you move to Nevada from a different state. Each state has its own laws governing issues such as inheritance, probate, and guardianship, and your estate plan may need to be adjusted to comply with state specific issues. 

Yes, estate planning is important for everyone, regardless of wealth. It allows you to designate guardians for minor children, specify healthcare wishes, and ensure that your assets are distributed according to your desires. Without an estate plan, state laws will determine how your assets are divided, which may not align with your preferences.

A comprehensive estate plan typically includes a will, power of attorney, healthcare power of attorney, healthcare directive (living will), and usually a living trust. These documents work together to protect your assets, provide for your loved ones, and ensure that your wishes are carried out if you become incapacitated or pass away.

The cost of estate planning varies depending on factors such as the complexity of your assets and financial situation, the type of legal documents needed, and how you want your estate distributed. Our firm’s standard estate planning packages typically start at around $3,000. Our estate planning attorneys can provide a more accurate estimate based on your individual needs and goals.

Estate planning is the process of arranging for the management and distribution of your assets in the event of your death or incapacity. This typically involves creating legal documents, such as a will or trust, to specify how you want your assets to be distributed and who you want to manage your affairs.