Why Is the Probate Process Important?

In Las Vegas, Nevada, and elsewhere in the country, probate is a process that is settled through the court. When a person dies, the court appoints their surviving spouse or adult child to serve as an executor. The estate executor, also known as the personal representative, is a person who is legally authorized to handle all the assets owned by the decedent’s estate. They are also responsible for paying all bills and taxes and eventually handle the distribution of assets to the individual’s beneficiaries.

What is the Purpose of the Probate Process?

In general, the purpose of probate is to prevent an instance of fraud after a person’s death. Essentially, the process freezes the individual’s estate until a judge makes a determination on whether a will is legally valid. Additionally, probate ensures that the estate is recognized and appraised and that all creditors and taxes are paid. Afterward, the court will issue an order to distribute the property, which ultimately closes the estate.

Role of a Probate Lawyer

In some cases, a probate lawyer can be hired to provide vital advice to the executor or beneficiaries on a variety of issues. The best probate attorney in Las Vegas has to offer can review the decedent’s will to determine whether it is valid before it reaches the court. For example, if the decedent was an elderly person with Alzheimer’s or dementia, they might have been vulnerable due to manipulation by other people who wanted to cheat the individual’s loved ones by claiming the estate or a majority of it.

Types of Probate in Nevada

In Las Vegas and the rest of Nevada, there are various types of probate that can take place depending on the monetary amount of the estate. When an estate is small, it goes through a simpler process and is cheaper overall than one that is large. The four types of probate include the following:

• Affidavit of Entitlement: An estate that is worth under $25,000 allows a surviving spouse to use an Affidavit of Entitlement as this type of estate doesn’t include any real estate.
• Set Aside: This represents an estate whose value is under $100,000.
• Summary Administration: This represents estates whose value is under $300,000.
• General Administration: All other estates fall under the General Administration category, which involves full-blown probate.