PROBATE
What is 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 debts, 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.
How We Are Different:
We charge a flat rate for all probate services. We do not take a percentage of the estate as most law firms do. We think it's creepy to take a percentage of someone's life. All our fees are due prior to any work being done. It may seem like a lot, but it actually saves you thousands later.
Based on the size of the estate, see what the fees would be with an attorney here:
HOW IT WORKS
Scroll down to see the different options
There are different options for probate depending on the size of the estate:
Estate less than $25,000 and no real property
Estate valued at more than $25,000 but less than $150,000
Estate valued at more than $150,000 but less than $499,000
Estate valued at more than $500,000
Only certain assets pass through probate. If a certain asset that the decedent owned before death passes 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, probate is necessary. Otherwise, if the decedent didn't leave any property to be transferred, then probate may not be necessary.
Did they have a Will?
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.
SMALL ESTATE AFFIDAVIT
Free
Small Estate Affidavit, also known as an Affidavit of Entitlement, is used to transfer assets from the estate of a decedent to certain persons who are entitled to the propery pursuant to an affidavit if:
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The gross value of the estate does not exceed $150,000 and the claimant is the surviving spouse; OR
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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.
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Does not involve real property (home/land).
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.
SET ASIDE PROBATE
Set Aside without Administration - assets over $25k but under $150,000
$3,000.00
A Petition to Set Aside without Administration is used to transfer assets from the estate of a decedent to rightful heirs by Court Order.
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A Petition may be filed 30 days after the death of the decedent.
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A hearing will be held by the Probate Court/Probate Commissioner.
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Notice of the Petition and hearing must be sent to all other heirs, interested parties, and the Medicaid Estate Recovery Unit.
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All debts of the Decedent (the dead person) have to be paid before filing.
* All prices DO include the Court's filing fees.
* All costs and fees are paid upfront prior to any work being done.
How It Works:
STEP ONE
Complete the online probate questionnaire
STEP TWO
Review and sign all completed forms
STEP THREE
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File completed and signed forms with the Court.
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Set for a hearing with the Court.
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Notice of the hearing and the Petition are sent to all other heirs, interested parties, and Medicaid Recovery.
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A hearing takes place.
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The Court issues the Order, and it is sent to transfer the assets.
$6,950.00
SUMMARY PROBATE
Summary Administration - assets over $150k but under $500,000
A Petition for Summary Administration is used for estates that are over $150,000 but less than $500,000. This is a probate proceeding that is an alternative to filing the full probate, known as a "General Administration," and was intended to be slightly more streamlined and efficient.
However, many of the same rules and requirements of a General Administration are also applied to a Summary Administration.
The two main differences are the notice requirements and the period for filing creditor claims.
It is a lengthy process, generally taking about a year to complete.
* All prices DO include the Court's filing fees.
* All costs and fees are paid upfront prior to any work being done.
How It Works:
STEP ONE
Complete the online probate questionnaire
STEP TWO
Review and sign all completed forms
STEP THREE
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File the completed and signed Petition with the Court.
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Set for a hearing with the Court.
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Publication of the hearing is made in the local paper.
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Notice of the hearing and the Petition are sent to all heirs, interested parties, and Medicaid Recovery.
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A hearing takes place to appoint you as the Administrator/Executor (with a Will)
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Receive authority from the Court to handle the estate (Letters issued)
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Send out Notice to Creditors to all known creditors of the Decedent
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Publish Notice to Creditors in the local paper; creditors have 60 days to file a claim
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Open estate account and obtain EIN with the IRS
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Gather all assets and sell property if appropriate; deposit all funds into the estate account
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Once all assets are sold or known and the creditor time has passed, an inventory is filed
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A request to review and close the estate is made with the Court
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A hearing is set and takes place with the Court reviewing all the documents and actions
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The Court issues an Order confirming the assets are to be transferred
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All assets are transferred, and the estate account is closed
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Proof is sent to the Court, and the case is closed
$7,250.00
GENERAL PROBATE
General Administration - assets over $500,000
A Petition for General Administration is used for estates that are over $500,000.
This is a probate proceeding that is a full probate.
It is a lengthy process, generally taking about a year to complete.
* All prices DO include the Court's filing fees.
* All costs and fees are paid upfront prior to any work being done.
How It Works:
STEP ONE
Complete the online probate questionnaire
STEP TWO
Review and sign all completed forms
STEP THREE
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File the completed and signed Petition with the Court.
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Set for a hearing with the Court.
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Publication of the hearing is made in the local paper.
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Notice of the hearing and the Petition are sent to all heirs, interested parties, and Medicaid Recovery.
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A hearing takes place to appoint you as the Administrator/Executor (with a Will)
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Receive authority from the Court to handle the estate (Letters issued)
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Send out Notice to Creditors to all known creditors of the Decedent
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Publish Notice to Creditors in the local paper; creditors have 90 days to file a claim
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Open estate account and obtain EIN with the IRS
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Gather all assets and sell property if appropriate; deposit all funds into the estate account
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Once all assets are sold or known and the creditor time has passed, an inventory is filed
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A request to review and close the estate is made with the Court
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A hearing is set and takes place with the Court reviewing all the documents and actions
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The Court issues an Order confirming the assets are to be transferred
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All assets are transferred, and the estate account is closed
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Proof is sent to the Court, and the case is closed
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