What Does a Probate Lawyer Do?

A probate lawyer helps the person settling a deceased individual's estate move through the court process that validates a will, if one exists, or determines the rightful heirs under Nevada law if there is no will, pays off debts, and transfers what is left to the rightful heirs. In Nevada, that means guiding an executor or administrator through the Clark County probate court, from the first filing all the way to the final distribution.

What does a probate lawyer actually do?

A probate lawyer represents and advises the person responsible for closing an estate, handling the legal steps needed to do it correctly. The work usually falls into a handful of core tasks:

• Opening the case by filing the petition with the court and helping the executor or administrator get officially appointed so they have the authority to act.
• Giving the notices Nevada law requires to heirs, beneficiaries, and creditors.
• Helping the executor or administrator prepare the inventory and valuation of everything the estate owns.
• Reviewing creditor claims and paying the valid ones in the correct legal order.
• Stepping in when heirs disagree, a will is challenged, or a claim is disputed.
• Distributing the remaining property and closing the estate upon receiving the Court's final approval.

When do you actually need a probate lawyer in Nevada?

You generally need probate when someone dies owning assets in their own name that do not pass automatically to another person, and hiring a lawyer makes sense once the estate is large enough to require court administration. Property held in a properly funded living trust, jointly owned assets, and accounts with named beneficiaries usually skip probate entirely. Whatever remains in the deceased person's sole name is the probate estate.

Nevada then sorts estates by value. Smaller estates can use simplified procedures, such as a set aside without full administration for estates worth up to $150,000. Estates valued up to $500,000 can often use summary administration, which is a shorter court process. Larger estates go through general administration. Those thresholds were raised under a Nevada law that took effect in late 2025, so the right track depends on current values. A probate lawyer works out which path fits and keeps the case on the correct one.

Is a probate lawyer the same as the executor or administrator?

No. The executor or administrator is the person legally in charge of settling the estate. Both are types of personal representatives in Nevada. The probate lawyer is the advisor who represents and guides that person. The court appoints the personal representative. An executor is often named in the will, while an administrator is appointed when no executor is able to serve. That person carries a legal duty to manage the estate honestly and in the heirs' best interest. Because the process involves strict deadlines and court filings, most personal representatives hire a probate lawyer to prepare the documents, meet the requirements, and lower the risk of being held personally responsible for a mistake.

How long does probate take in Nevada?

Full probate in Nevada usually takes at least six months, and complex or contested estates can run well beyond a year. Simplified procedures for small estates can finish in a few weeks to a couple of months. Much of that minimum timeline comes from a required waiting period that gives creditors a set window to file claims against the estate. Even a straightforward estate cannot close until that period passes and all valid debts and taxes are settled. Disagreements among heirs, assets that are difficult to value, or missing paperwork can add more time.

How much does a probate lawyer cost in Nevada?

Probate lawyer fees in Nevada depend on the size and complexity of the estate. State law lets attorneys charge either a percentage of the estate's value set by statute or a reasonable hourly or flat fee, and a judge reviews and approves the amount. Larger estates often use a fee based on a percentage of the estate, while smaller or simpler matters may be billed hourly or at a flat rate. Court costs, filing fees, and appraisal fees are separate. In most cases these fees are paid out of the estate rather than from the personal representative's own money, so it is always worth asking an attorney to explain their fee structure before you start.

Do you need a probate lawyer if there is no will?

Yes. An estate with no will still goes through probate. It simply follows Nevada's inheritance rules instead of the deceased person's written instructions. When there is no valid will, Nevada's intestate succession laws decide who inherits, usually starting with the surviving spouse and children. The court appoints an administrator to manage the estate, and a probate lawyer helps that person get appointed, follow the correct order of heirs, and avoid distributing assets to the wrong people.

Getting help with an estate in Las Vegas

Losing someone is hard enough without a confusing court process on top of it. A probate lawyer carries the legal weight so the family can focus on everything else. If you are settling an estate in Las Vegas or anywhere in Clark County, the team at Ocampo Wiseman Law can talk through your options and handle the process from start to finish. You can learn more about the process here.