Trusted Probate Lawyer in Las Vegas, NV

Las Vegas, NV Probate Attorney

When your loved one passes away, there is typically an array of financial and legal matters left behind. Since your loved one is no longer able to resolve these issues and settle their own estate, Nevada laws create a process by which other individuals can handle the deceased individual’s final affairs. This process is called probate, also known as estate administration. Nevada statutes define probate as a legal proceeding in which the court has jurisdiction to administer and distribute the decedent’s assets to their next of kin and designated heirs. While listed beneficiaries may be entitled to property according to the terms of a will, the laws of intestacy will dictate how your loved one’s assets are distributed when there is no will at all.

The body of laws that cover estate administration is complex. However, the law may have a significant impact on your interests if you recently lost a loved one. You could be involved with probate as a personal representative, heir, beneficiary, or another interested party. At the same time, probate laws will help your loved ones administer your estate after you are gone, as well. A solid understanding of the probate process will enable you to create an estate plan that eases the burdens of the loved one you leave behind.

At Escobar & Associates, our team has extensive experience handling all aspects of estate administration. We are ready to represent you in any capacity as an interested party, and we will advise you on your rights throughout the process. Please contact us to set up a free consultation with a Las Vegas probate attorney who can describe how the proceedings work. 

Las Vegas, NV Probate Attorney

An important consideration at the outset of probate is whether the person who passed away prepared a valid will. If so, the terms of the will dictate how assets are distributed and who will act as executor. A will may contain specific bequests of items to beneficiaries, or it may state that the estate should be distributed to beneficiaries in shares. Through a will, a decedent can eliminate people from taking any part of the estate.

When the deceased did not prepare a will, Nevada intestacy laws step in to distribute assets and manage the estate. There are priorities in terms of who can act as a personal representative, starting with the surviving spouse, children, parents, or siblings. With respect to distributing real estate and personal property, the laws of intestate succession split the estate among the spouse, children, and parents. However, the exact nature of the distribution varies according to who the decedent’s heirs-at-law are.

Steps in the Probate Process

The proceedings will be different in every case, but you can expect to go through the following steps during estate administration:

• A person files documentation to open the estate and requests that the court appoint a personal representative if there is a will or an administrator if there is no will. The executor or a person with priority in an intestate estate will usually file the paperwork.
• The court will conduct a hearing to open the estate and appoint a personal representative or administrator(collectively “ personal representative”). If no one contests the proceedings, the judge will issue letters testamentary or letters of administration to the personal representative. Letters testamentary and letters of administration are legal documents that give authority to the person appointed to act on behalf of the estate.
• A decedent will typically have some open accounts or bills to pay upon their date of death, so the personal representative handles payment of verified claims.
• Assets of the estate are distributed according to the will or Nevada laws on intestate succession.
• To close the estate, the personal representative must file a final accounting showing all income and expenses of the estate during administration. Upon approval by the court, the estate will be closed.

Our Nevada estate administration lawyers at Escobar & Associates will take on all the legal tasks involved with each of these steps.

From the above description of how probate works, you can see that the individual appointed to manage the estate has significant responsibilities. For instance, the personal representative is tasked with the following:

• Filing the will with the Clerk of the Court, if a will exists;
• Preparing the petition to open the estate;
• Gathering and organizing all assets of the estate and preparing an inventory to present to the court;
• Assessing all debts and identifying creditors that are due payment from the estate;
• Publishing notices as required by law, including notices to interested parties who cannot be located and unknown creditors;
• Tracking all income and expenditures of the estate during probate proceedings;
• Distributing assets to heirs and beneficiaries, which may require transferring deeds to real estate, title to vehicles, and other ownership transfers; and,
• Completing the final accounting and all other tasks required to close the estate when the administration is finished. 

In addition, a personal administrator has the duty to pursue and defend litigation involving the estate. Contested hearings do not occur in every probate case, but the personal administrator will have responsibilities if the estate is a party to a case.