How to Find Documents Filed by Probate Lawyers in Las Vegas
Probate is an official legal process that allows an executor or administrator to divide the wishes of a deceased individual based on their will. If they did not leave behind a will or they created one that isn’t valid, probate serves as an alternative to it. Before you can take any property or give property to someone else, you need to complete probate with the right documents. Learn more about the documents that probate lawyers in Las Vegas use and where to find them.
How Does Probate Work?
An estate planning attorney in Las Vegas helps clients create legal wills. They meet all of the requirements in Nevada. Lawyers can also file them on behalf of their clients. Whether you not you have a valid will, you’ll need to go through some type of probate. An affidavit of entitlement is suitable for an estate valued at no more than $25,000. The estate cannot include any real estate either. As the spouse of a deceased person, you can file this affidavit if the estate is worth up to $100,000.
Nevada offers set aside probate for estates valued at $100,000 or less. You can go through summary administration if the estate is worth up to $300,000, even if there are multiple heirs. The state also offers a general administration process for bigger estates.
The probate process is easier to handle when you work with a probate lawyer. You need to gather a list of assets owned by the individual and any probate documents they left behind. Each type of probate asks you to visit the court and file your documents to start the process. There are certain things excluded from probate like a life insurance policy with a named beneficiary, property owned by the deceased and at least one other person who has a right to it, and bank accounts that go to a beneficiary with the holder passes away.
Anyone who opens a probate case in Nevada needs to name an executor or administrator. This is the person responsible for taking care of the estate. While a probate attorney can serve as the executor, the role usually goes to someone in the family. This person is responsible for making sure that anyone named in the will receives their property. They can also pay the deceased’s mortgage and other bills if someone will inherit the home.
Types of Probate Documents
Probate lawyers in Las Vegas can help you find a will and determine if it’s valid. Nevada courts only accept wills that have the names and addresses of two witnesses who can verify the deceased had a sound mind and body. The witnesses cannot include anyone named in the will. It also needs to name at least one beneficiary, have the signature of the deceased on the bottom, and come from someone who was 18 or older. Nevada only accepts handwritten wills and not electronic wills.
Nevada has laws of succession that apply when someone passes away and did not have a will. This ensures that their property goes to their heirs. While the spouse usually inherits the entire estate, a portion will also go to any children the individual had. If they died without a spouse but had kids, the children divide the estate. The estate can also go to any other family members like a sibling or parent.
You usually need administration documents from the local court along with a copy of the death certificate. Nevada asks you to complete and file a probate application that shows you want to open a case. You’ll also need a form that shows the deceased’s inventory as well as a form that lists all of their heirs. Some of the other documents that you may need to present in court include loan paperwork, property deeds, vehicle titles, and bank account statements. A probate lawyer in Las Vegas will help you gather all of the probate documents you need.
Where to Get Documents Filed by Probate Lawyers in Las Vegas
The best places to look for the probate documents you need will depend on what you want to find. A guardianship Las Vegas firm can help you find any official paperwork that names a guardian to the deceased’s minor children and the trust that they created for their kids. Check with the local court for the deceased’s will. If they worked with probate lawyers in Las Vegas, the lawyers likely filed the will with the court. They may have a copy as well. Don’t forget to look around the deceased’s home as you may find a more recent will that takes priority over one they filed years ago.
Checking the deceased’s home also helps you find documents that apply to the inventory and the property they owned. They should have paperwork for the mortgage on their home and any loans they took out and were paying back. Using the estate lets you pay off those loans with money they left behind or as you sell property that the person owned. The home is also a good place to find bank statements. Not only do you need to know the names of each bank and the deceased’s account numbers, but you also need to know how much money is in each account. Trust probate lawyers in Las Vegas to help you find official court and probate documents.
You can also contact a specific company to find the information you need. For example, you may want to get in touch with a financial institution to see how much they owed on a car they bought in the past. It’s just as easy to contact a mortgage lender to get details on the deceased’s mortgage. The lender can also provide you with a successor in interest paperwork. Filing these papers will help you take over the mortgage or put the loan into another person to keep the home within the family.
Opening Probate in Las Vegas
Plan to visit the Clark County Courthouse before or after you meet with a probate attorney in Las Vegas. The court can help you get the proper paperwork to open a probate case based on the size of the deceased’s estate and whether they left a binding will. You’ll need other types of probate documents like loan paperwork, a death certificate, and car titles, too. Contact probate lawyers in Las Vegas as soon as possible to make sure you open probate in time and that you have all the needed documents.
