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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. 

Key Terminology in Probate Cases

To best understand the laws and how estate administration works in Nevada, it is important to first learn about some of the important terms that apply to these cases: 


  • The personal representative in a probate case is the individual who manages the decedent’s estate. This may be the person named in a will, but the court will appoint another surviving family member if the deceased did not have a will.
  • A testator is an individual who creates a will, which is effective if it complies with the formalities established by Nevada law.
  • The executor is someone named by the testator in a will to handle estate administration and is now referred to as the “Personal Representative” in Nevada.
  • An heir is a person who is related to the decedent by marriage or blood. The long list of heirs in a probate case may include a spouse, children, parents, siblings, and further distant relatives.
  • Beneficiaries are individuals designated by the decedent to receive certain assets or a portion of the estate, typically in a will or trust. Beneficiaries may also be heirs.
  • A will is a document a testator creates to provide instructions on how the estate should be managed and who should receive assets.
  • A trust may be created during the deceased person’s lifetime or as part of a will. Trusts may play a role in probate proceedings.

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.

Duties of the Personal Representative

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.

Types of Probate Litigation

An estate can be involved in many types of litigation, and the claims may stem from acts of the decedent during their lifetime. Lawsuits could also stem from the conduct of the personal administrator, heirs and beneficiaries, creditors, and many other sources. Some of the most common types of estate litigation include:

  • Will contests claiming fraud, coercion, duress, or other misconduct in executing the will;
  • Disputes over who will act as a personal representative in an intestate estate when multiple individuals request an appointment;
  • Lawsuits where the deceased is a party, such as being the victim of a personal injury accident;
  • Creditor claims that are unverified or legally deficient;
  • Conflicts over how to distribute the estate according to the shares stated in intestate success laws;
  • Claims about misconduct or breach of fiduciary duty by the personal representative;
  • Disagreements over the distribution of specific real estate or personal items;
  • Recovery lawsuits, (also know as Conversion of assets) which a personal representative may pursue if individuals misappropriated items belonging to the decedent before or after the decedent has passed away;
  • Claims involving trusts that are closely connected to the estate;
  • Disputes over who is or is not an heir when there are questions about the relationship to the deceased.

Claims of Known and Unknown Creditors

In most probate cases, the deceased person has left behind some financial obligations upon their passing. They may have unpaid bills for the month, including utilities, a mortgage, rent, auto payments, and credit cards. They may have larger and more complicated debts, such as business lines of credit.

 

When a creditor has a valid claim, it is entitled to payment from the estate. The personal representative is responsible for paying these debts, but there is also a duty to notify the creditors that the debtor has passed away and that a probate case is pending. The personal representative must directly notify known creditors, usually based on the decedent’s financial records. However, a personal representative must also attempt to reach unknown creditors via publication. If a person or entity comes forward with a valid claim, the estate must pay it but may also negotiate a resolution of the claim.

 

Claims of creditors take priority over estate assets, so distributions to heirs and beneficiaries may be affected by payments. The personal representative may need to sell off assets to pay verified claims. 

Probate — Las Vegas, NV — Escobar & Associates

How an Estate Administration Lawyer Can Help 

The probate process can get quite complicated after a loved one dies, and you are at a disadvantage if you do not have legal counsel helping you through the many roles you may take on. Escobar & Associates will pursue your interests in the estate, but we are prepared to defend you against allegations of wrongdoing as a personal representative. You can trust our Nevada probate attorneys to take on such tasks as:

  • Assessing the decedent’s paperwork to determine how to proceed in opening an estate;
  • Reviewing the will for validity and basic terms;
  • Preparing the petition to open an estate, appoint a personal representative, and file the will, if any;
  • Advising you on your rights as an heir or beneficiary;
  • Dealing with known and unknown creditors;
  • Collecting all estate assets and documentation to prepare an estate inventory;
  • Helping track income and assets of the estate for accounting purposes;
  • Representing the estate in probate litigation; and,
  • Wrapping up probate, filing the final accounting, and discharging the personal representative from further duties.

Other Probate Options in Nevada

The estate administration process described above applies to many estates, but there are alternatives that may be appropriate for certain situations. Other legal proceedings that fall under the concept of probate include:

  • Affidavit of Entitlement: When an estate is valued at less than $25,000 and does not own any real estate in Nevada, you can use an Affidavit of Entitlement to gain access to assets.
  • Set Aside without Administration: If the value of the estate is less than $100,000, you can employ this process for both real estate and personal property in Nevada. The laws require you to file a petition listing the decedent’s assets, heirs, and beneficiaries. The process enables you to distribute property without going through full estate administration.
  • Summary Administration: With this process, you eliminate all steps of probate except for certain notices and the requirement to file an inventory. However, summary administration only applies to estates valued at $300,000 or less.

Escobar & Associates Law Firm, Ltd. is a trusted Las Vegas-based legal institution specializing in probate administration. With a rich history and proven track record, the firm stands as a beacon of legal prowess in the realm of probate law in Las Vegas, NV.

Legal Services Tailored to Your Needs

Escobar & Associates Law Firm, Ltd. offers a wide array of probate-related legal services through our probate attorney. Whether it's drafting wills, administering trusts, or navigating complex estate disputes, the firm's team of seasoned lawyers is equipped to handle every challenge. We tailor our firm's approach to meet the unique needs of each client, ensuring personalized, relevant, and practical legal guidance.

Reach Out for a Consultation

Are you interested in learning more? Escobar & Associates Law Firm, Ltd. invites you to reach out to our probate lawyer for a consultation. By choosing this law firm, you'll receive not just exceptional legal services, but also peace of mind—all at a fair price. Reach out today, and let Escobar & Associates Law Firm, Ltd. guide you through your probate administration journey.

Additional Facts About Estate Administration

You can see from the above that probate can be a very involved, complicated process. It may also be costly and time-consuming when disputes develop. As you probably realize after reviewing this information, it is advantageous to prepare a will to streamline estate administration. There is less potential for disputes over who will act as a personal representative and who is entitled to receive what assets.

However, besides a will, there are some additional points about probate to keep in mind if you want to make estate administration easier for your loved ones:

  • You can develop a strategy to keep assets out of probate. By titling real estate in the names of individuals as joint tenants with the right of survivorship or community property with rights of survivorship, the parcel passes to the others at the death of one tenant.
  • Many bank accounts and insurance policies allow you to designate a beneficiary to receive the proceeds at your passing.
  • By creating and funding a living trust, a separate entity owns your assets. Anything you title in the name of the trust will not be a probate asset.

Contact a Skilled Las Vegas, NV Probate Lawyer to Discuss the Legal Process

This overview of estate administration is informative, but you need a qualified legal professional with in-depth knowledge of Nevada probate law to assist with your case. You have important interests to protect, no matter how you are involved with the proceedings. Escobar & Associates will be at your side throughout the process, so please contact us to set up a no-cost case review with a skilled probate attorney. You can reach our offices in Las Vegas by calling 702.789.1422 or visiting us online.

Helping You Understand Probate In Nevada

Attorney Escobar has more than 30 years of experience representing clients like you in the Nevada probate process. Put his experience and compassion to work for you.

Call Us at 702-789-1422

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