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Most people know that probate is part of the legal process that takes place after losing a loved one. But the details and purpose of probate are less understood. So what is probate, and how does it impact the family members of the deceased?
In simple terms, probate is proving the validity of a will. Therefore, it only applies to estates for which a will has been created. If someone dies without a will, the probate process is replaced by “administration of the estate.” In both cases, the processes are necessary to settle a deceased person’s debts and other affairs and to transfer property.
In Nevada, probate is typically required if the decedent owned real estate or had total assets worth more than $20,000. While most estates would qualify under these terms, there are ways to avoid probate through careful estate planning.
After someone passes away, the person in possession of the deceased person’s will must submit the will to a court within approximately 30 days. Once a family member (or an attorney acting on the family member’s behalf) files a Petition for Issuance of Letters Testamentary, probate can begin.
Steps may include:
Unless there are complicating factors, the probate process can be completed in about four to six months. Although you aren’t legally required to work with an attorney, most people find that the process is complex and detailed enough that the help of an estate lawyer is needed.
After losing a loved one, your focus should be on working through grief and taking care of yourself and your loved ones. At Avalon Legal Group, we are ready to oversee the entire probate process for you, minimizing your stress and responsibility and ensuring that no detail is overlooked.
Avalon Legal Group is a full-service law firm based in Las Vegas with attorneys licensed to practice law in Nevada, California, and Illinois. Our office has extensive experience representing clients in Las Vegas, Clark County, and throughout Nevada, including Summerlin, Henderson, Spring Valley, North Las Vegas, Boulder City, and Reno.
What sets us apart is our commitment to personalized service. When you work with Avalon, you work directly with experienced counsel. Our attorneys also speak Spanish and Russian, allowing us to serve a diverse range of clients with confidence and care. We combine legal knowledge, courtroom skill, and a wide area of expertise to achieve success for our clients.
Contact us today for a free consultation at (702) 522-6450 or complete an email intake form. Se habla español.
Our attorneys are licensed to practice law in multiple states: Nevada, California, and Illinois. Our office has extensive experience representing clients in Las Vegas, Clark County, and throughout Nevada, including Summerlin, Henderson, Spring Valley, North Las Vegas, Boulder City, and Reno.
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