PROBATE

Probate is the legal process that occurs after a person dies in order to transfer the deceased person's assets to the rightful beneficiaries and to pay their debts. There are many things to take into consideration, such as: did they have a valid will, identifying their assets (property) and the value, identifying their creditors and debt, and transferring those assets to the correct persons. The deceased person should have resided in Nevada in order to "probate" any of those Nevada assets. If the deceased person had property in another state, you will need to file an ancillary (additional or supplementary) probate in that state as well to administer that asset. Keep in mind that the probate process is very lengthy and has many procedural requirements regarding notice and time. Generally, a "quick" probate (one that goes according to plan) is typically around a year from start to distribution.  
There are different options for probate depending on the size of the estate:
 
Estate less than $20,000 and no real property
  • Transfer by Affidavit
 
Estate valued at more than $20,000 but less than $100,000
  • Set Aside without Administration
 
Estate valued at more than $100,000 but less than $200,000
  • Summary Administration
 
Estate valued at more than $200,000
  • General Administration
Only certain assets pass through probate. If a certain asset that the decedent owned before death pass automatically without the need for probate. These are non-probate assets that pass to another person by the law or under the terms of a contract. For example, a house titled in joint tenancy with right of survivorship. When a joint tenant passes away, the remaining joint tenant would file an Affidavit of Death with the county Recorder and that property would then pass to the remaining tenant without having to go through probate. Other assets that have "designated beneficiaries" listed, such as bank accounts, life insurance policies, community property with rights of survivorship, retirement accounts, etc. may also pass directly to a beneficiary without the need for probate. 
If a person has died and had property that didn't automatically pass upon their death then probate is necessary. Otherwise, if the decedent didn't leave any property to be transferred, then probate may not be necessary.
If the decedent had a Will, that Will will need to be filed (lodged) with the Court within 30 days after the decedent's death.
The Washoe County District Court, Probate Department has a lot of good information, found HERE
Transfer by Affidavit ($350)

Small Estate Affidavit is used to transfer assets from the estate of a decedent to certain claimants pursuant to an affidavit if: 

The gross value of the estate does not exceed $100,000 and the claimant is the surviving spouse; OR

The gross value of the estate does not exceed $25,000 and the claimant is not the surviving spouse but would be entitled to the asset. 

You must wait 40 days after the death before the use of the Affidavit by those who are entitled to the estate.  

This document is not filed with the court.

Packet Includes: 

Instructions

Transfer by Affidavit

STEP ONE

Complete the online probate questionnaire 

STEP TWO

Review and print all completed form

 

STEP THREE

File completed and signed forms with the Court or provide to asset agent for the transfer of the assets

summary administration
assets Under $300,000 ($950)

A Petition for Summary Administration is used for estates that are over $100,000 but less than $300,000. This is a probate proceeding that is an alternative to filing the full probate known as a "General Administration" and was intended on being slightly more streamlined and efficient.   

 

However, many of the same rules and requirements of a General Administration are also applied in a Summary Administration. The main two differences are the notice requirements and the period for filing creditor claims. 

Packet Includes: 

Instructions

Petition for Probate under $300,000

Notice of Hearing

Proof of Publication of Hearing

Proposed Order Appointing

Oath

Letters 

Notice to Creditors

Proof of Service

Inventory and Appraisement

First and Final Distribution

Order of Distribution

Proposed Order

Application for Discharge

Order Discharge

*All prices do not include the Court's filing fees which are additional and set by the Court. Typically which are around $270 and paid directly to the Court upon filing. There are additional fees, such as publication fees, typically $250-$400, and copying and postage fees. 

STEP ONE

Complete the online probate questionnaire 

STEP TWO

Review and print all completed form

 

STEP THREE

File completed and signed forms with the Court. Set for hearing with the Court after providing the probate department with a proposed order. Notice of the hearing and Petition are sent to all other heirs, interested parties and Medicaid Recovery. After the hearing, Letters of Administration/Testamentary are issued and the probate process begins. 

Set aside without administration ($550)

A Petition to Set Aside without Administration is used to transfer assets from the estate of a decedent to rightful heirs by Court Order.

 

A Petition may be filed 30 days after the death of the decedent.

A hearing will be held by the Probate Court/Probate Commissioner.

Notice of the Petition and hearing must be sent to all other heirs, interested parties and the Medicaid Estate Recovery Unit.  

Packet Includes: 

Instructions

Petition to Set Aside without Administration

Notice of Hearing

Proposed Order

*All prices do not include the Court's filing fees which are additional and set by the Court. Typically which are around $270 and paid directly to the Court upon filing.

STEP ONE

Complete the online probate questionnaire 

STEP TWO

Review and print all completed form

 

STEP THREE

File completed and signed forms with the Court. Set for hearing with the Court after providing the probate department with a proposed order. Notice of the hearing and Petition are sent to all other heirs, interested parties and Medicaid Recovery. 

general administration
assets Over $300,000($1,250)

A Petition for General Administration is used for estates that are over $300,000. Similar to Summary Administration, with a longer period of time for creditor claims and additional hearing/notice requirements. 

 

However, many of the same rules and requirements of a General Administration are also applied in a Summary Administration. 

Packet Includes: 

Instructions

Petition for Probate over $300,000

Notice of Hearing

Proof of Publication of Hearing

Proposed Order Appointing

Oath

Letters 

Notice to Creditors

Proof of Service

Inventory and Appraisement

First and Final Distribution

Notice of Hearing for Final Distribution

Order of Distribution

Proposed Order

Application for Discharge

Order Discharge

*All prices do not include the Court's filing fees which are additional and set by the Court. Typically which are around $530 and paid directly to the Court upon filing. There are additional fees, such as publication fees, typically $250-$400 for each publication (typically 2), and copying and postage fees. 

STEP ONE

Complete the online probate questionnaire 

STEP TWO

Review and print all completed form

 

STEP THREE

File completed and signed forms with the Court. Set for hearing with the Court after providing the probate department with a proposed order. Notice of the hearing and Petition is sent to all other heirs, interested parties, and Medicaid Recovery. After the hearing, Letters of Administration/Testamentary are issued and the probate process begins.