Need Help Administering A Nevada Estate?
Probate and estate administration varies from state to state. Nevada has its own rules and restrictions. If you have been named executor or personal representative, or if a loved one has died and you don’t know where to turn, Solomon Dwiggins Freer & Steadman, LTD. can help.
Our Las Vegas attorneys are well-versed in all facets of Nevada probate law. Whether you are a local resident or you live out-of-state, we can guide you through all of the duties of the probate process.
The Size Of The Estate Dictates Probate Proceedings
Nevada statute lays out four tiers for estate administration depending on the value of the estate.
Affidavit of Entitlement – If the person’s total assets are $25,000 or less AND do not include any real property, the estate does not have to go through probate court. Assets are distributed directly to those named in the will or (in the absence of a will) according to the Nevada laws of succession. A spouse who is the sole heir can inherit up to $100,000 under the Affidavit of Entitlement (if there is no real property). This document can be filed after 40 days have passed from the date of death.
Set aside without administration – Small estates up to $100,000 in net value are also eligible for streamlined administration. Net value is fair market value of personal property and real estate, minus any liens, loans or mortgages. The process takes one or two months, rather than six months or more for a standard probate proceeding. The probate judge sets a hearing date. If no objections are raised, the court can authorize release of the assets to the heirs. The court has discretion to override creditor claims to ensure that a surviving spouse or minor children receive an inheritance.
Summary administration – This applies to estates valued at up to $300,000 in net value. This is a slightly shorter version of a general probate administration. A petition is filed with the court to open the estate and set a hearing date. The petitioners must give interested parties 10 days’ notice of the hearing. Creditors have 60 days from the published notice to file claims against the estate.
General administration – This applies to estates valued at more than $300,000. Most people who have a house, retirement accounts, and modest possessions will meet this threshold. The main difference from a summary administration is that the hearing notice must be published in a local newspaper and creditors have 90 days to file claims.
Our firm has extensive experience with large and complex estates subject to general administration, including multimillion-dollar estates that may be subject to federal estate taxes.
- Also see our Probate Frequently Asked Questions page.
Do I Need A Probate Lawyer?
You generally will not need legal help for an Affidavit of Entitlement. But for any of the other situations, you may need a lawyer to guide you through the probate administration tasks and deal with any controversies or gray areas. If you are not sure whether you need an attorney, give us a call and we can help you decide.
To schedule an initial consultation, please contact Solomon Dwiggins Freer & Steadman, LTD. at (702) 853-5483 or contact us online. We can schedule meetings to meet your convenience. We handle probate in LAS Vegas, Reno, Henderson and all of Nevada.