When someone dies (the legal term for that someone is “Decedent”) often there is a probate able estate (for example, real property, bank accounts without beneficiaries, stocks, vehicles). The average person has no clear idea of whether or not an estate is probate able or even what probate means. Generally the word comes form the Latin meaning “to prove.” If your estate needs to be probated, the probate court will oversee its distribution to make sure that it is in accordance with either the State laws of intestacy (what it’s called if you die without a will) or in accordance with your will.

There are many levels of probate.

AFFIDAVIT OF ENTITLEMENT FOR ESTATES THAT DO NOT EXCEED $20,000 (NRS 146.080)
If the total value of assets does not exceed $20,000.00 and there are no assets of real property the heir(s) can usually transfer property to themselves from the decedent with a simple document called an Affidavit of Entitlement. At least 40 days need to have elapsed since the decedent’s date of death to use the affidavit. The affidavit needs to be signed by the heir in the presence of a notary public.

SET ASIDE ESTATE WITHOUT ADMINISTRATION:
If the net value (fair market value of all probate assets of the estate minus any mortgages or liens) does not exceed $100,000.00, heirs can petition the court to set aside the estate to themselves. At least 30 days must have passed since the decedent’s date of death. Once the Petition containing information about the decedent’s estate, any liens or mortgages, estimated value of the assets and names and address of any heirs is e-filed with the court, 10 days notice must be given to all interested persons and to the Nevada State Welfare Department. Usually the Probate Commissioner will review and approve the Order to Set Aside without you even having to appear in court on the day scheduled for the hearing.

SUMMARY ADMINISTRATION:
If the net value (fair market value of all probate assets of the estate minus any mortgages or liens) does not exceed $200,000.00, the decedent’s estate will go through a process called summary administration. Generally it takes 6 months to a year before assets can be distributed. The process involves such things as publishing a 60 Day Notice to the Creditors, filing a detailed inventory, and notifying all heirs. It is a detailed and cumbersome process but the general idea is for the court to make sure that the people who are supposed to get their money and no one is cheated.

GENERAL ADMINISTRATION:
If the net value (fair market value of all probate assets of the estate minus any mortgages or liens) exceeds $200,000.00, the decedent’s estate will go through a process called general administration. Usually it takes 6 months to a year before assets can be distributed. The process involves such things as publishing a 90 Day Notice to the Creditors, filing a detailed inventory, and notifying all heirs. It is a detailed and cumbersome process but the general idea is for the court to make sure that the people who are supposed to get their money and no one is cheated.
We can prepare the documents you need to successfully navigate every level of probate.
The first step is an in office consultation which is free no obligation to hire our service. The idea is to assess the situation, answer questions, give you an overview of the process, and last, but not least, quote you a price and discuss payment options and plans.

IT’S COMPLICATED BUT WE MAKE THIS STUFF AS SIMPLE AS WE CAN