Probate in Nevada can be an intimidating, but a Reno probate lawyer can ease the process. Probate is the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person’s property under a will or if the decedent had no will, under the Nevada laws relating to intestate succession. Probate law deals with the estate after someone passes away. The law is in place to ensure that creditors are paid, and assets are properly distributed to heirs.
Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person’s will, or if there is no will, according to intestate laws. Assets are anything a person owns with value, such as real and personal property and cash, for instance.
Probate court proceedings aren’t always necessary. Usually, they are required only if the deceased person owned assets in his or her name alone. Other assets, called “non-probate” property, can generally be transferred to their new owners without probate. Common non probate assets include:
- Assets the deceased person owned with someone else in joint tenancy or pay on death, which pass automatically to the surviving owner
- Assets for which the deceased person designated a beneficiary outside of the will, for example, IRAs or 401(k) plans for which the deceased person named a beneficiary, or payable-on-death bank accounts
- Life insurance proceeds or pension benefits that are payable to a named beneficiary
- Assets held in a revocable living trust
The probate administration process can be lengthy, expensive and intrusive. When appropriate, Reno probate lawyer Gloria Petroni works with clients to effectively bypass the probate process, but sometimes probate cannot be avoided because the decedent did not seek legal counsel, or did transfer all his or her assets to his or her living trust. Attorney Petroni assists executors, administrators, conservators, heirs, beneficiaries and other interested individuals through the estate administration of their loved one including:
- Admitting the will to probate
- Drafting small probate set asides
- Preparation of all probate documents in both testate and intestate matters
- Collecting and evaluating assets, as well as paying valid debts
- Presenting appropriate petitions for handling and sale of the estate
- Ensuring that IRS requirements are met
- Disbursing assets to heirs and beneficiaries
- Managing probate litigation, including will contests and disputes over valuations or accounting
How long does probate take?
Small estates or simple probates may take less than six months, but larger value probates or complex probates often take longer than a year. We emphasize working toward a timely estate administration.
Why choose Reno Probate Lawyer Gloria M. Petroni to handle your Nevada probate?
Petroni Law Group is owned by the established lawyer Gloria M. Petroni, whom has over 30 years of experience handling Nevada probates in northern Nevada. Those probates include both Nevada residents and residents of other states. Our law firm has a single lawyer, paralegal, and legal assistant making our office a tight knit team dedicated to your case.
Are there alternatives to probate?
Although most estates valued at $100,000 or more go through probate, there are “small estate transfer” when estates are valued at less than $100,000 and can be accomplished with a summary set aside probate. Other alternatives to probate consist of the decedent having a living trust, or pay on death designations of assets, which can generally help the beneficiaries avoid probate.
If you find yourself in probate, we will guide you every step of the way, from lodging the will and notifying heirs, to transferring assets to the intended beneficiaries. If a loved one has recently passed away and you are the personal representative/executor/ or trustee and you’d like a no-cost confidential consultation to discuss the next steps, please contact our office today at 775-420-4221 to schedule a meeting. You can focus on taking care of your family during this difficult time of loss while we handle the legal matters.