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Where should an executor open probate?

by | Nov 18, 2021 | Probate

The loss of a loved one often means handling a number of delicate issues. In particular, the person named as the executor will need to ensure that the decedent’s remaining estate is closed through the probate process. In some cases, this process can be relatively straightforward, but if the individual had numerous or complex assets, the situation can become more complicated. When a person held various assets in Nevada and other areas, determining where to open these legal proceedings can become an important question. 

To determine where to open probate or whether more than one probate process is required, the executor may first want to look at the tangible assets of the estate. Tangible assets can include anything that a person can physically touch, such as a house, cars, furniture and other personal items. In some cases, these tangible items can be moved from different locations so that probate can occur in one place. However, when it comes to real estate, the situation becomes trickier. 

When determining where to open probate, taking the following details into consideration may help: 

  • If the decedent owned all of his or her property in the same county, probate would only need to be opened in that county. 
  • If the decedent owned assets in the same state but in different counties, the executor only needs to open probate in the county where the decedent resided before his or her death. 
  • If the decedent owned assets in more than one state, the executor would likely need to open probate proceedings in both states, especially if the assets are immovable, like real estate. 

Of course, the particulars of a person’s estate could affect where probate is opened even if the estate seems to fall into one of these three categories at first. As a result, it is wise to thoroughly assess the situation and obtain professional insight before starting the legal proceedings. Fortunately, experienced Nevada attorneys could help interested executors close an estate properly.