Sean Tanko

Las Vegas Estate Planning & Probate Attorney

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May 31 2017

What Property is Subject to Probate?

In Nevada, the probate process refers to how the courts deal with the transfer of ownership of assets from a deceased person to the rightful beneficiaries. It generally involves putting a freeze on the disbursement of the assets from the estate so that the court can be sure that there is no fraud involved in the distribution of the deceased person’s assets. It is important to distinguish between what property is and is not part of the probate process under Nevada law.

Is It Subject to Probate?

There is some property of the deceased person that is not part of the probate process at all because of existing laws or contracts that already determine how the property will be transferred upon death. For example, if a married man dies leaving a widow behind, any ownership interest that he has in land, such as a deed to a house, will pass to the surviving spouse without going through probate. In addition, if there are any existing contracts that detail what happens with a deceased person’s ownership interests in something upon death, then those contracts will be upheld.

On the other hand, if there is an estate in Nevada that exceeds the $200,000 threshold for small estate status, this estate would pass through the probate process. Any property that is not otherwise distributed would be subject to the probate process. If someone dies without a will, the remaining property that does not automatically pass to any living relatives under Nevada law would be included in the probate process. A living trust may be an option for you to avoid the delay and expense of probate in Nevada.

Contact an Experienced Las Vegas Probate Lawyer

If you have questions about probate or need the assistance of a trusted probate lawyer in Las Vegas in handling estate matters, call the trusted team at the law office of Sean M. Tanko at 702-463-8700. For almost a decade, we have been proudly serving clients in the Las Vegas area and handling their estate matters.

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Written by editor · Categorized: Blog

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