Probate in Nevada

The administration of an estate (a process known as probate) is overseen by the district court in the county where the estate owner (known as the decedent) lived. In Nevada it often involves quite a few steps. Here's an overview of that process:

Filing a Petition: The probate process begins with filing a petition with the court to initiate probate and appoint a personal representative of the estate (if there is a valid will, the original will also needs to be filed with the court).

Notice to Heirs and Beneficiaries: Once the petition is filed, the court will set a hearing date, and notice of the hearing is sent to all heirs and beneficiaries. This notice provides an opportunity for interested parties to contest the will, if there is one, or to raise objections to the appointment of the proposed administrator.

Appointing the Executor or Administrator: The petition that is filed with the court will request that the court appoint a personal representative—usually the same person who filed the petition. If this person is named in the will as the personal representative of the estate, then he or she is known as the executor. If there is no valid will, or if the will does not name an executor, the person appointed by the court will be known as the administrator. If the administrator is not a resident of Nevada, the probate code requires that a Nevada resident be appointed to serve along with them as co-administrator of the estate. There is no such requirement for executors.

Inventory and Appraisal: The executor or administrator is responsible for creating an inventory of the deceased person's assets and having them valued. This step helps determine the value of the estate for distribution purposes and for determining which steps need to be taken in the probate process.

Payment of Debts and Taxes: The executor or administrator must identify and notify creditors of the decedent that the decedent has passed, and that claims must be filed within the proper timeframe or they will be barred from pursuing them. Taxes and outstanding debts of the decedent that are properly asserted need to be paid from the assets of the estate prior to the distribution of any portion of the estate to heirs/beneficiaries. Taxes are especially important, and competent professionals should be hired to ensure taxes are handled correctly.

Closing the Estate and Distributing Estate Assets: Once all other tasks are completed, the executor or administrator files a final accounting with the court detailing all income, expenses, and transactions of the estate. Once the court approves the accounting and all debts, taxes, and expenses of the estate administration are settled, the remaining assets are distributed to the heirs/beneficiaries as specified in the will or according to Nevada’s intestacy laws.

The above outline is only a summary overview of the probate process, and necessarily omits many steps that may need to be taken and issues that may need to be dealt with. Every probate is different, and this overview should only be considered general information, and not specific advice for any particular estate. It is essential to follow the probate laws and procedures correctly, as failure to do so can have serious negative consequences. It's also important to note that probate laws and procedures are subject to change. Consequently, most people seek the guidance of a knowledgeable probate attorney to help them navigate the process efficiently and to ensure compliance with Nevada's probate laws.