Mesquite, NV asked in Probate for Nevada

Q: How to start probate with a will and executor outlined in Nevada, Clark county?

decendent had a will outlining executor. Will is filed with clark county. Need to know how to start probate for estate estimated between $200-300K

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2 Lawyer Answers
Kirk Kaplan
Kirk Kaplan
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: In short, if your are a DIYer, you will need to file an opening petition and notice of hearing on a petition. The Court Clerk will issue its version of a Notice of Hearing. You can get forms from Legal Services of Southern Nevada on the first floor of the Regional Justice Center in downtown Las Vegas.

If you are looking for an attorney to assist you, you may want to ask ChatGPT to list qualifications of a probate attorney in Nevada. Once obtained list of qualifications, then call/visit as many number of attorney candidates and sort it out.

I wish you well.

Jonathan Craig Reed
Jonathan Craig Reed
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: The first Q is whether the Will is valid. If it is an original Will, you must file it with the Clerk of Court. This has to be done by mail or over the counter so the clerk can see if it is an original. It cannot be e-filed. If it is not an original, then it is a complicated matter to get the court to accept it. In general, unless a Will is entirely handwritten, it must have been witnessed by two witnesses who state that they watch the Will writer (testator) sign it and that they signed it at the same time. The witness statements have to be under penalty of perjury or notarized. If the Will was written in a different state that does not have this requirement a letter from a practicing attorney in that state is necessary stating that the Will was valid when written. As you can see there are a lot of issues.

For an estate of not more than $300,000 but more than $100,000, you will use a Summary Administration proceeding. I don't know what percent of DIYer can do this, but I do get cases from people who start out trying to do it themselves and then hire me.

A complicating factor in Clark County is that it is taking 3-4 months to get a hearing--you will need at least two for an estate of your size--so delays can really add up if mistakes are made.

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