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Probate is the legal process that takes place after someone dies and leaves behind property or assets. In Reno, as in other parts of the United States, this probate process involves validating the will of the deceased (if one exists), inventorying the deceased's property, paying debts and taxes, and distributing the remaining property as the will (or state law, if there's no will) directs.
Procuring the services of a lawyer becomes a necessity if the probate process becomes complicated. Scenarios such as disputes among family members over the contents of the will, debts exceeding the value of the property, or complex tax situations are common ones where legal assistance is needed. Additionally, if the estate involves intricate investments or operations such as a business, it’s best to consult with a probate lawyer.
Reno follows Nevada's probate laws, which are quite specific. If the estate’s value is under $25,000, with no real estate, Nevada law allows for a simpler process altogether. Also notably, Nevada’s laws dictate that if there is no will, the surviving spouse, children, or closest relatives of the deceased are the rightful heirs to the estate. Finally, probate in Reno is typically 'supervised' by the court, so it is necessary to get court approval for certain actions of the estate administration.
If the deceased didn't leave a will, Nevada’s intestacy laws kick in. According to these, the closest relatives of the deceased become the rightful heirs.
No, if all properties are in the living trust, there's typically no need for probate. However, any property not included in the trust may need to go through the probate process.
The length of the probate process can vary vastly, but in general, it may take anywhere from several months to more than a year.
No, only assets owned solely by the deceased person go through probate. Jointly-owned properties, life insurance payouts, and retirement accounts usually bypass the probate process.
Some simple probates can be handled without a lawyer. However, consider consulting with a probate lawyer for advice, especially if the probate seems complex.
The Washoe County Law Library and Nevada Legal Services are excellent resources, providing helpful information related to probate. The State Bar of Nevada also maintains a lawyer referral service that can assist you in finding a reputable probate attorney.
If you believe you need legal help with probate, consider first contacting local legal aid services or a referral service. If the estate is complex or if disputes arise, it may be beneficial to hire a lawyer to guide you through the probate process. Remember, it's essential to keep all records and documentations related to the estate organized and easily accessible.
