How We Help
Stress free probate representation
The process of settling a loved one’s estate after their death can feel complex and overwhelming. Our Reno probate attorney can help ease your concerns and anxieties by explaining the probate process to you and then guiding you every step of the way. We make all court appearances, prepare all court pleadings and documents, and help with your other duties as personal representative of the estate. We have one of the largest probate practices in Reno and have handled probates in almost every county in Nevada, including Washoe, Lyon, Storey, Churchill, Clark, Carson City, and Humboldt counties.
Use the link below to schedule a free consultation to discuss your loved one’s estate and the probate process.
What makes us different
We’ve put every effort into building the best probate practice in Reno, and we believe it shows.
We believe in providing fair and straight-forward pricing, which is why we use flat-fees for all of our probate matters. This allows our clients to know exactly how much their attorneys fees will cost without any surprises that usually come from hourly billing.
No Up Front Costs
Many probate attorneys require new clients to pay a retainer or the initial court filing fee before starting a new probate case. We do not. As long as the estate has sufficient assets, you will wait to be paid out of the estate when the probate is finished. There are zero upfront costs.
Many attorneys say they handle probates, but most of the time it’s just a small part of their overall practice. We have one of the largest probate practices in Reno and handle probate matters on a weekly (if not daily) basis. This means we are fully aware of all the issues you face as executor and are ready and able to assist you every step of the way.
We’ve streamlined every aspect of the probate process to make the experience as quick and easy as possible. Probate can feel daunting, but we’re with you every step of they way.
Commonly asked questions about Nevada probate
What is probate?
Probate is the court supervised process of settling someone’s estate after they’ve died. It includes gathering up the decedent’s property, identifying and paying creditors, and transferring property to the decedent’s heirs. There are different levels of probate in Nevada depending on the value of the estate.
When is probate necessary?
The necessity for probate generally depends on the type and value of the decedent’s property. Due to the low dollar thresholds in Nevada, some form of probate is usually necessary in most cases. Keep in mind that certain types of property are not included when trying to determine if probate is necessary. This includes property that was owned jointly with another person and property that has a “pay on death” or “transfer on death” beneficiary designation.
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). This is the only type of probate proceeding that does not require a court filing.
- Set Aside: An expedited probate proceeding for estates that are worth less than $100,000. The set aside 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 a value 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 a value greater than $300,000. This is “full blown” probate and typically takes up to 12 months to complete.
What are the first steps of the probate process?
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.
What if I'm named executor in the will?
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. If you’ve been named executor, it’s generally advisable to obtain the services of a probate attorney to assist you with this process.
How much does probate cost?
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.
For set asides, we charge a flat fee of $1,800.00, plus reimbursement for the court filing fee and other costs.
For summary administrations and general administrations, we charge a flat fee under the statutory formula set forth in NRS 150.060 for probate attorneys fees, which is based on a percentage of the estate’s value. This way, the estate doesn’t have to worry about unexpected hourly bills and can better anticipate the amount of attorney’s fees that will be paid at the end of the probate.
Tyson and his assistant Emily were great help with the estate of a friend. They were knowledgeable, prompt, and thorough. The Cross Law website has information that answered several of my initial questions and helped me to decide to select them to represent me with the estate. I would recommend Cross Law for anyone who is dealing an estate.Russel S.
Tyson worked diligently to get our case closed and with the best possible outcome. After a long process he and his staff worked with every issue we had. They resolved our estate issues and we received everything we were supposed to thanks to their hard work and dedication. We would highly recommend Tyson Cross and Cross Law.Dustin L.
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