Fallon. NV Probate Lawyers

If you are dealing with the loss of a loved one, please accept our sincere condolences.

The Nevada probate process is often a stressful, time-consuming and expensive experience for families to go through, especially while mourning the loss of a loved one.

Our Fallon probate lawyers understand how overwhelming probate can be, which is why we strive to simplify the complex process so that families can navigate the path ahead and reach the best possible resolution as quickly as possible.

If you have lost a family member, or been named as the executor or representative of the estate, call us today to schedule a consultation and discover how our team of experienced probate attorneys can help.

Fallon, NV Probate Lawyers

What Is Probate?

Anytime someone passes away, their assets, with few exceptions, are required to go through a Nevada court process called probate. If a will exists, the court will review the terms of the will, review the assets, and determine who is entitled to receive them; then a series of court-supervised steps will need to be followed so the assets can be distributed according to the will’s terms. If no will exists, the state laws regarding intestacy will determine who receives the property.

Most people don’t ever give the idea of probate a second thought until they find themselves forced to go through it. But when you’re dealing with the emotions of losing a loved one, it can be difficult to simultaneously handle the legal procedures that come along with the loss. Because the deceased person’s assets are inaccessible until the probate process is completed, it can be a difficult and frustrating time for everyone involved. Although the Nevada probate process has no set timeline or deadline, there is some motivation to finish it quickly, so that assets can be distributed to beneficiaries.

Can Probate Be Avoided?

Most people are unaware that even with a will in place, an estate must still pass through probate. The state will generally abide by the wishes of the decedent, in accordance with the will, but nevertheless, it will still need to go through the probate courts. There are some exceptions to this rule, including the following:

1. Revocable Living Trust: If a trust is created, upon death of the grantor, the trustee can distribute the trust’s assets to beneficiaries without probate as long as the trust is funded and kept up to date.

2. Joint Ownership With Right Of Survivorship: Property held jointly with another person, i.e., a spouse, child or other relative, automatically passes to the surviving joint owner upon death without probate.

3. eneficiary Designations: Some assets, like life insurance policies, retirement accounts and some bank accounts, allow the policy holder to designate beneficiaries. Assets are transferred to the designated beneficiaries outside of probate when the policy holder passes away.

4. Small Estate Affidavit: Nevada offers a procedure allowing inheritors to skip probate altogether, called a small estate affidavit. To qualify, the estate (the property owned at death) must meet these requirements:

  • the net value of the estate can’t exceed $25,000 (or $100,000 if the person claiming property is the surviving spouse)
  • there’s no real estate
  • no petition for appointment of personal representative is pending or has been granted in any jurisdiction, and
  • at least 40 days have elapsed since the death.

5. Gifting Your Assets: Gifting loved ones assets before death may prevent probate (though this might run up against gift tax liability).

Our Fallon Lawyers Can Ease Your Probate Burden

Nevada probate can be a confusing and burdensome process, especially for grieving families. At Sierra Crest Business Law Group, we have helped countless families get through the tedious process of probate in an efficient manner. Our Fallon probate lawyers have nearly 70 years of collective experience and are prepared to make your life a lot easier. Give us a call to request a consultation and learn how we can lighten your load.

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