How to Start Probate in Nevada: 3 Essential Steps

When someone passes away in Nevada, their assets must go through probate court before reaching the rightful heirs.

This process might seem overwhelming, but understanding the basics can help you navigate this challenging time.

What is Probate?

Probate is simply the court's way of ensuring assets transfer properly after someone dies. Think of it as the legal process that gives someone authority to handle the deceased person's affairs.

For example, if your father passed away owning a house solely in his name, you'll need probate court approval before you can sell or transfer that property.

Getting Started: The Death Certificate

The journey begins with obtaining a death certificate. You'll typically need to wait two to three weeks after the passing before these become available.

Requesting multiple copies is wise since you'll need them for various institutions and the court process.

Handling the Will

If your loved one left a will, it must be submitted to the court. This isn't just a formality – it's a legal requirement.

The court specifically requires the original document, not copies.

While you can handle this step yourself, most people find it helpful to have an attorney manage this filing to ensure everything's done correctly.

The Critical Step: Appointing an Administrator

Things get serious here: when someone dies, nobody has legal authority to handle their estate until the court appoints an administrator.

This person, often a family member or whoever was named in the will, becomes the official representative who can:

• Access bank accounts

• Manage property

• Pay bills

• Distribute assets

Common Probate Situations

Not every asset needs to go through probate. However, you'll likely need court involvement for:

• Property solely in the deceased's name

• Bank accounts without designated beneficiaries

• Vehicles without joint ownership

• Investment accounts lacking transfer-on-death designations

Timing and Costs

Understanding the timeline helps set realistic expectations. Small estates might wrap up in 3-6 months, while larger ones typically take 6-12 months.

If anyone contests the process, expect it to last a year or longer. Costs vary but usually include court fees, attorney costs, and various administrative expenses.

Planning Ahead

Want to help your family avoid probate? Consider these strategies:

• Create a living trust

• Add beneficiaries to your accounts

• Use joint ownership when appropriate

• Designate transfer-on-death beneficiaries

  
  

Ready to start the probate process?

Contact us for a free consultation at 702.850.7798. Our team can guide you through each step.