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Probate is often necessary to manage a person’s estate after they have passed. This can be a complex legal process made even more difficult by having to navigate it after losing a loved one. Whether you are a personal representative, executor, heir, or beneficiary facing the probate process, Las Vegas probate attorneys can make it much more straightforward and help avoid errors and delays.
There are many instances when it can be a value to hire a probate attorney, such as if you and your family are drawing up a will or other estate planning documents to avoid probate, if you have already become mired in a costly and lengthy probate proceeding or litigation, or if your attempts to craft your own will or trust hit a snag. The team at Ken R. Ashworth & Associates understands the probate process, how it affects estate planning, and can help you find a resolution in these circumstances.
We bring over 35 years of experience, integrity, and credibility to all of our estate planning services. We have a full-service staff with an exceptional reputation, and our attorneys prioritize responsiveness and respect when helping you through both straightforward and challenging probate cases. Our team works to ensure our legal advice is communicated clearly and provides a resolution for your family. We focus on cost-effective and efficient solutions.
Probate is the court proceeding where a will is verified, and an estate is administered according to the terms of the will. Probate is also used where no will exists, and an estate will be administered under the terms of Nevada law. 54% of Americans do not have a will.
The executor or personal representative, either named in the will or appointed by the court, administers the estate until it can be closed. The process includes the collection of assets, the liquidation of liabilities, the payment of taxes, and the distribution of property to heirs. Our Las Vegas probate lawyers provide representation in both probate and estate administration.
The responsibilities and duties of a personal representative can be overwhelming, especially in the case of large estates, ones that involve probate litigation, or estates in which an heir or beneficiary contests the will. Our Nevada probate attorneys assist personal representatives in fulfilling their duties and responsibilities, including providing legal advice, overseeing deadlines, finalizing forms, and filing documents with the court. Some of the duties and responsibilities of a personal representative include:
The above list is not an exhaustive list. Each probate case is unique. There could be additional responsibilities that you might have as a personal representative, depending on the circumstances and facts related to the probate case.
We understand that you may still be coping with the loss of a loved one. The stress of dealing with a probate estate can add to your distress and anxiety. Our legal team handles all aspects of the probate process. Our goal is to help you probate your loved one’s estate as quickly as possible so that you can move forward with wonderful memories of your loved one without the stress of a court process.
In Las Vegas, Nevada, probate requirements and procedures vary significantly by estate gross value, with recent updates under SB 404 effective October 1, 2025, raising key thresholds to better align with current asset values. These options range from no-court-involvement affidavits for the smallest estates to streamlined summary administration and full general administration for larger ones.
This allows many families to avoid lengthy or complex court processes when proper estate planning is in place, or the estate qualifies as small. Nevada procedures include:
The right path often depends on how assets are titled, whether there’s Nevada real estate, and the net value after liens and mortgages. A Las Vegas probate lawyer from Ken R. Ashworth & Associates can help you determine what is right for your situation.
To initiate probate in Las Vegas (Clark County), the petitioner must file specific documents with the Eighth Judicial District Court. Requirements vary slightly depending on whether a will exists, the size of the estate, and the type of administration, either summary or general. Here is a general list of the documents you will need:
It’s important to understand the key deadlines for a Nevada probate. Here’s a brief checklist:
Missing a deadline can cause delays and disputes. Getting the procedure right at the start usually saves time later.
Some assets are exempt from the probate process. These include:
Probate is usually needed for assets titled in the decedent’s name alone with no beneficiary or survivorship feature. This often includes Nevada real estate.
An heir or beneficiary may challenge the will. However, the burden of proving that the will is not valid rests with the person who petitions the court.
Family members challenge wills for a variety of reasons. They may disagree with the proposed distribution of the estate. They may believe that an heir exerted undue influence over the decedent, pressuring them to alter the will in a way that unfairly benefited the heir. They might believe that the person lacked the mental capacity to sign a legal document.
Whatever the reason may be, if a will is challenged, the probate process becomes more time-consuming, frustrating, and costly.
You can reduce the risk that your will can be overturned by having Las Vegas probate lawyers draft your will. Las Vegas probate attorneys understand the laws governing wills and probate matters. By working with an attorney, you have the peace of mind of knowing that your will meets all legal requirements for a valid will in Las Vegas, Nevada, and is worded in a way that discourages will contests.
If the decedent resided outside Nevada but owned real property in Las Vegas or Clark County, a Nevada probate proceeding (often called ancillary probate) is typically required to clear and transfer title to that real estate. This can be true even if a primary probate is underway in another state.
Fortunately, much of the process can be managed remotely through phone, email, and mail. This allows out-of-state personal representatives, heirs, and attorneys to participate without appearing in person for most uncontested matters in the Eighth Judicial District Court.
With a strong background in taxation representation, the attorneys at Ken R. Ashworth & Associates bring our unique point of view to all areas of estate planning, including issues concerning wills, trusts, and asset protection, such as:
When you work with the skilled Las Vegas probate lawyers of Ken R. Ashworth & Associates, you will learn everything you need to know about probate, wills, and trusts.
A: Probate lawyer costs in Nevada vary widely depending on the estate’s size, complexity, and whether the case is straightforward or contested. Many attorneys charge hourly rates or flat fees, while others use a tiered percentage of the estate’s gross value. Be sure to discuss fees and payment structure at your initial consultation with an experienced Nevada probate attorney.
A: The difference between an estate planning lawyer and a probate lawyer is that an estate planning lawyer helps individuals plan documents and entities to make the probate process easier in advance during life, while probate lawyers handle the administration of the estate after death.
An estate planning lawyer can even help people plan their estates to avoid probate entirely. A probate lawyer can help with basic estate probate and manage any challenges that may arise.
A: Some assets are exempt from the probate process. These include property held in a living trust, joint tenancy assets with survivorship rights, POD/TOD bank and brokerage accounts, life insurance, and retirement accounts with named beneficiaries, and any securities registered TOD. Probate is usually needed for assets titled in the decedent’s name alone with no beneficiary or survivorship feature, which often includes Nevada real estate.
A: You aren’t required to work with a lawyer for probate in Nevada, but it is recommended that you hire an experienced probate attorney. An attorney can answer any questions you have about the process and guide you through it. They can help you meet important deadlines, fulfill your legal requirements, and deal with disputes as the estate’s personal representative. If you are an heir, an attorney can also help with potential concerns you may have about the will.
At Ken R. Ashworth & Associates, we are here to answer all of your probate and estate planning questions. We can guide you through this process as efficiently and effectively as possible. Contact us online or call to schedule an initial consultation to discuss your needs.
