If a person dies and his or her last residence was in Nevada, then the Nevada courts will likely have the power to settle the estate. A frequent question for an active probate attorney in Las Vegas involves an estate with real property not located in Nevada.
What Is Ancillary Probate?
Can the Nevada courts settle an estate that has land or other real property in a different state?
The answer is probably no; the Nevada court cannot resolve the property matters located in other states.
Property Rules by Location
Property questions must be resolved by the laws of the state where the property sits. The primary probate can proceed in Nevada, but the questions about the land or real property located elsewhere must be resolved in that state’s courts. The secondary proceeding to handle the land or property located outside of Nevada is called an ancillary proceeding, which is the only way to settle the property outside of Nevada.
Ancillary Probate Proceedings in Nevada
Other state cases might also use ancillary proceedings in Nevada. When part of an outside estate has land or real property located in Nevada, then Nevada hosts the second or ancillary proceeding. Once the ancillary proceeding is finished and the court settles questions over the ownership and value of the real property, then a party moves to merge the results of the ancillary proceeding into the main probate. In Nevada, one of the popular forms of real property is the Timeshare. These valuable property rights are Nevada real property and must meet the requirements of Nevada law upon the death of the owner. In some cases, a timeshare would be an ancillary proceeding in Nevada.
Ancillary Proceedings : A Fact of Complex Lives
Probate can be complicated by the facts of modern life such as multiple marriages, distant holdings, vacation homes, and conflicting laws such as community property laws in some states and not in others. Many estates have a potential for ancillary proceedings. The attorney in the primary case must be aware of the course of any ancillary proceedings. When faced with the challenge of administering a Nevada estate, you should have advice from an experienced Las Vegas probate attorney.
At the law offices of Sean Tanko, the probate advice and assistance you need is only a phone call away. Please call or visit online today.
