Reno Probate Lawyer

Stress-Free Probate Representation

The process of settling a loved one’s estate after their death can feel complex and overwhelming. Our Reno probate lawyer at Cross Law Group 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 representatives 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.

How Probate Works

Probate is the legal process of gathering a deceased person’s property and transferring it to creditors and heirs, as well as settling any of the decedent’s other remaining affairs. Except for very small estates, the probate process is supervised by a judge in probate court. It’s the judge’s job to make sure that everything in the estate is handled properly and according to law.

Types Of Probate In Nevada

There are different levels of probate in Reno depending on the dollar value of the decedent’s estate. Smaller estates get to go through simplified probate proceedings that cost less and close much faster than the full-blown probate process used for larger estates.

Here are the four levels of probate proceedings in Nevada:

  • Affidavit of Entitlement: Estates worth less than $25,000 that do not include any real estate.  Surviving spouses can use an Affidavit of Entitlement for estates that are worth less than $100,000 (and do not include any real estate).
  • Set Aside: Estates with a net value of less than $100,000;
  • Summary Administration: Estates with a net value of less than $300,000;
  • General Administration: All other estates (this full-blown probate)

If you have any questions about the types of probate proceedings, contact our experienced Reno probate attorney.

Time And Cost Of Probate

The cost and duration of probate in Reno depend on the level of the probate proceeding, as well as the complexity of the decedent’s estate. Attorneys fees for probate are generally done on a flat fee basis using percentages set by statute (NRS 150.060), which typically range from 2% – 4% of the estate’s total value (not reduced by any debts). Although some attorneys prefer to bill by the hour, we prefer the flat fee because we think it’s simpler and makes it easier for the client to anticipate the cost without worrying about the possibility of unexpected hourly charges.

The time it takes to complete the probate process depends on the type of probate proceeding. Here are some general rules of thumb (measured from date of death):

  • Affidavit of Entitlement: Less than six weeks
  • Set Aside: 6 – 8 weeks
  • Summary Administration: 6 – 8 months
  • General Administration 9 – 12 months, but occasionally extending longer

Skipping Probate

Keep in mind that not all property has to go through probate in Reno. These are referred to as “non-probate assets” and pass automatically upon death without any oversight from the probate court, including:

  • Property owned as joint tenants with right of survivorship
  • Retirement accounts with a designated beneficiary, such as an IRA or 401(k)
  • Life insurance policies
  • Bank accounts with a “pay on death” designation

These types of property pass automatically without the need for any type of probate proceeding. Also, property held in a trust can be transferred without probate as well.

Schedule a Consultation With a Reno Probate Attorney

Probate can be a lengthy and confusing process. If you want to discuss your loved one’s estate, please schedule a free consultation with our Reno probate lawyer.