Here at JK Nelson Law, we receive many different questions in regards to probate. So, let us answer a few of the most common questions that we receive.
- What is probate?
Probate is the process of verifying a will’s validity, and managing the assets of the decedent at the time of death.
- How long does the probate process take?
The probate process generally takes about four to six months, however this is just a general time period, and the process can go on for much longer depending on the factors involved. A few factors that may influence the time a probate takes are the complexity, size, and division of an estate, outstanding tax issues, and family relationships.
- Can a piece of property be sold during the probate process?
Yes, this is a very common occurrence in the Nevada probate process, as those inheriting the property often prefer money, instead of a home. However, the court must approve the sale during the Confirmation Process.
- How do I start the probate process?
To start the probate process you need to get an attorney that you trust to help you through the entire probate process. You will need to get the original death certificate, as you will need the original copy, as well as many more copies to complete all of the paperwork and documentation required during this process. The original death certificate should be supplied to your attorney, so that he/she may file a Petition to Admit the Will.
- What happens if the decedent didn’t leave a will?
If a person passes away without leaving a will behind, then the process of intestate succession will occur. The person’s property will need to be classified as either “community property” or “separate property”. Community properties are those that were accumulated during a marriage, and will be granted to the spouse of the deceased. Separate property, on the other hand, is property that was accumulated prior to the marriage, or that was gifted to the decedent. These properties will be divided by following the Nevada Revised Statutes.
- Does the trustee’s attorney also represent me?
No. The trustee’s attorney represents the trustee only, so you will need a separate attorney to represent you throughout the probate process.
- Can I contest a will?
Yes, you can contest a will, however there is a specific time frame in which you have to contest the will. You must also have legal grounds and evidence to contest a will. Legal grounds to contest a will are undue influence, incapacity, fraudulent circumstances, or the improper drafting, witnessing, or execution of a will. You will need to prove one of these circumstances, through substantial evidence, to have the court reject a will.