Probate is the legal process whereby a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased. We handle an uncontested probate process. Our Probate Services Include:
Small Nevada estates with assets worth $166,250 or less may be settled without formal probate proceedings, using relatively simple transfer procedures. This summary form of probate (Summary Probate) is available regardless of whether the assets are real property or personal property as long as the following are true:
Confused about the probate process? Our checklist will help you understand the responsibilities for filing probates.
If you’re named in the will, the court will confirm your identity and issue documents authorizing you as a personal representative of the decedent.
If the deceased’s property must pass through full probate, the real first step is filing a petition for probate. This form is provided by Nevada courts and filed in the county where the deceased died or owned real property. Keep in mind, the court may require additional forms depending on the particular situation.
After you file the petition, the court clerk will set a hearing date for the case. Then, someone will need to send notice of the hearing to all possible beneficiaries of the estate. Any adult not a party to the case can send this notice.
Notify the creditors by sending them the notice of administration to creditors form before paying any outstanding debts. Once this step is complete, the probate court will determine who receives the remaining property.
If you sell any real estate, you must file a report of sale and petition for order confirming sale of real property with the court. Additionally, you must prepare and file an estate tax return if the estate earned any income. Then, you should prepare a final income tax return for the deceased.
After filing taxes, you must file a final plan and accounting with the court. This plan will lay out how you handled the estate as a representative. If the court is satisfied that you correctly carried out your duties, they will release you from all obligations.
If you have any questions regarding the probate process, reach out to us. We’d love to answer any questions you have, and help clarify things for you.
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Wolfstein & Associates is a registered and bonded document preparation service, qualified and authorized to conduct business in the State of Nevada.