Experienced Attorneys Answer Your Questions About Nevada Probate
The probate and estate administration process can be relatively straightforward and quick, or it can be contentious and drawn out. The experienced attorneys of Solomon Dwiggins Freer & Steadman have years of focused experience with Nevada estate administration and related probate litigation.
Our legal team assists estate representatives in carrying out their duties and represents heirs, beneficiaries, and others in probate disputes. The following FAQ answers some common questions about probated estates. To discuss your specific concerns, contact our Las Vegas law office to arrange a consultation.
Do all estates have to go through probate?
Not anymore. Nevada changed its laws in 2015 to streamline probate for smaller estates or bypass probate altogether for the smallest estates. Nevada estates with a net value greater than $100,000 are subject to formal probate proceedings via summary administration or general administration.
What if my loved one owned property in Nevada but I live out of state?
Real property or personal property owned in Nevada is subject to Nevada probate law. Depending on the value of the assets, it may or may not be necessary to open ancillary probate proceedings here. If you are named as the executor or personal representative of a Nevada estate, our attorneys can assist with many of the tasks by mail, email and phone to reduce the hassles and expense of traveling here.
Who can access bank accounts while an estate is in probate?
A survivor who has joint ownership can access those funds or move them to an account in their own name. Otherwise only the executor or personal representative of the estate can withdraw funds, such as to pay creditors or taxes or attorney fees. The bank may require proof of death and/or proof of court appointment as estate representative. Other parties may not “jump the gun” to receive a cash inheritance or take possession of property of the estate prior to court-approved distribution, even if they are a rightful heir.
What happens if there is a challenge to an estate during probate?
When the estate is opened, the court sets a hearing date for objections. It could be a creditor claim. It could be a family member who was disinherited. It could be someone second-guessing the validity of the will. Distributions cannot be made until all legal challenges are resolved. Those disputes could be resolved through negotiations or full-fledged probate litigation. Our experienced trial lawyers have litigated complex issues ranging from will contests over undue influence to accusations of breach of fiduciary duty.
How long does the probate process take?
It depends on the size of the estate, the nature of the assets, family dynamics and whether there are any probate controversies. A small estate might be wrapped up within a month or two of the person’s death. A typical time frame for a probated estate in Nevada is six to nine months. Complex estates or protracted litigation can extend the process to a year or more. Our attorneys help executors expedite the tasks to complete probate as efficiently as possible under the circumstances.
Our Legal Team Can Address All Your Concerns
Solomon Dwiggins Freer & Steadman concentrates in trust and estates law. From years of experience, we can handle the most complex and sophisticated probate issues. We serve Las Vegas, Reno, Henderson and the state of Nevada. To schedule a consultation, call 702-997-7714 or 800-671-9908, or contact us online.