Nevada State Probate Laws

• NevadaNevada state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
  
  Mortality forces us to accept some difficult realities. The problems and issues of distributing property after a person dies has long been recognized by the law, and is generally referred to as probate law or estate law. Like all other states, Nevada has specific statutes that deal with probate issues such as wills and intestate succession.
  
  

Dying Intestate

• Whenever someone in Nevada dies without a will, it's referred to as dying intestate. In these cases, state law determines how the decedent's estate (her real and personal property) is distributed. When this happens, the estate passes to either the surviving spouse, the surviving children, the decedent's parents, the decedent's siblings, next of kin or a combination thereof depending on who is left. For example, if the decedent leaves a surviving spouse and three children, the spouse gets one third of the estate, while the remaining two thirds is distributed between the three children equally.
  
  

Dying With a Will

• Nevada law also allows citizens to distribute property in accordance to their wishes as expressed in a lawful will and testament, usually referred to as a will. To be valid, all wills in Nevada must comply with the state's requirements. Generally, the law requires that a will be written and signed by the testator (the person making the will) and witnessed and signed by two competent people.
  
  

Probate Process

• Nevada probate law applies different procedures to estates based on their value. For example, an estate valued less than $100,000 can be disposed of without being administered by the court, though a petition must be filed with the court requesting this procedure. Estates up to a value of $200,000 can be disposed of through summary administration, while those over $200,000 must go through the general administration process. Probate procedures usually include the appointment of a personal representative, an accounting of the value of the property, recognition of any will and holding hearings or trials in the event a party contests the will or other provisions of the estate.