Many challenges can arise when someone close to you passes on from this life. Probate is only one of these challenges that can come up during this difficult time. It is important to hire a firm that believes that your family should come first. That is why families choose to hire Lawyers Plus to handle their California or Nevada probate matters.
Lawyers Plus has attorneys qualified to practice in both Nevada and California, making it easier to deal with an estate with assets in both states.
At Lawyers Plus we believe that constant and open communication throughout the process will make it easier for you to get through this challenging part of your life.
What is Probate?
The word “probate” interpreted literally means “to test.” It is the court’s job to “probate” (or test) a written Will to help make sure that the proper people receive the property intended.
Sometimes, people close to the decedent disagree about how the decedent’s assets should be distributed. This is particularly the case when there is no Will found.
When there is a legitimate dispute, it is time to get a California or Nevada probate litigator involved.
Our probate litigators investigate challenges, establish a litigation strategy and go to court to fight for you.
The Probate Process
In the absence of a will and other estate planning documents, probate is initiated. These are the likely steps your or your loved one’s estate will go through if the estate is handled by the courts.
- After someone has passed away, an executor or administrator files papers in the proper California or Nevada Probate Court with the assistance of a licensed California or Nevada probate attorney.
- The executor is chosen by the written Will or by the court if there is no Will found.
- The executor or administrator then presents the court with a list property, debts and who is to inherit the property.
- Official notification of the person’s passing is then sent to relatives and creditors.
After all of the proper probate steps are complete, the court issues an order directing the transfer of the probate estate to the recipients.
As you can see, the courts become heavily involved in deciding the outcome of your estate should you choose to let your estate fall into probate. If you are involved in an estate that is already in probate, having qualified representation through the legal system protects your rights in this sensitive matter.
Common Questions About Probate-FAQ
Probate can be avoided by transferring assets to a trust prior to death. An estate planning attorney from Lawyers Plus can form the trust(s) and make the appropriate property transfers into the trust. Don’t wait to establish an estate plan! A small amount of planning can make a big difference to the outcome of your estate.
Real estate is transferred to the trust by the creation of a deed. Personal property is transferred to the trust by assignment or also by changing the ownership of an account. It is important to discuss any changes with an Estate Planning Attorney before making any of these changes.
Unfortunately, no, it does not. A Will only directs who the recipients of an estate should be. This is why a qualified Estate Planning Attorney will generally draft a revocable trust combined with a pour-over Will. All assets owned in the name of the trust avoid probate at the decedent’s death. Subject to certain exceptions, assets owned in the decedent’s name are subject to probate at the decedent’s death.
The length of your case will depend on your particular circumstances. Lawyers Plus is a experienced law firm in these matters and therefore is generally able to settle the probate process in a matter of months. However, if complex issues arise, or, if there are reasons to extend the probate, the process could take much longer.
Yes, the Las Vegas probate process, as in other cities, is very complex and should be handled by a competent probate attorney. Please contact us to discuss your situation.