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When a loved one passes away, those left behind have to deal with not only emotional grief but also managing probate details and other estate management duties. The person left in charge of handling the deceased’s estate may find themself feeling overwhelmed by the process. It’s important to have a trusted Las Vegas estate administration lawyer by your side to ensure legal compliance and efficiency.
At Ken R. Ashworth & Associates, our team has decades of legal experience. We have helped many grieving family members navigate the complexities of estate administration cases. Our team understands how loss can have a widespread and lasting impact on loved ones. We assist every client with the compassion they deserve.
When a person passes away, the court starts a legal process called probate, usually within 30 to 90 days after death. One of the court’s first steps is to appoint an estate administrator, who is the legal representative responsible for managing the deceased person’s affairs.
This person may be a surviving spouse, another family member, someone named in the will, or an attorney. The estate administrator’s main duties are to:
It can be vital to hire an estate administration lawyer to help you navigate the probate process. Trying to do it alone may be complex, and mistakes can be easily made.
Generally, Nevada estates must be closed within 18 months after the appointment of the personal representative. In Nevada, a personal representative is required to act with reasonable diligence while administering an estate.
If the estate has not been closed within 18 months and there is no ongoing contested issue, the personal representative must file a report with the court explaining why the estate has not been closed. These Clark County cases are usually overseen by the Regional Justice Center, located at 200 Lewis Avenue. This report must be filed within six months of the appointment if no federal estate tax return is required, or within eighteen months of the appointment if a federal estate tax return must be filed.
17% of Las Vegas residents were age 65 and older as of 2023, making it vital to start estate planning to make the administration easier. If someone passes away without a valid will in place, their property is distributed according to Nevada law as follows:
The team at Ken R. Ashworth & Associates understands how confusing state laws can be for clients. We make sure to transparently explain Nevada law to our clients and the legal options available to them. We’ll be by your side throughout the entire probate process, making sure your family sticks to legal deadlines and finishes the process thoroughly.
A: In Nevada, certain estates can be settled without going through probate. This applies if the estate is worth $100,000 or less. When an estate meets this requirement, the property must be distributed in a specific order. First, attorney fees are paid. Next, funeral expenses, any money owed to Medicaid, and other creditor claims are paid. Any remaining property goes to the rightful beneficiaries according to the will.
A: Creditors must file a claim with the court within 90 days after the notice to creditors is mailed to them, or within 90 days after the first publication of the notice, whichever applies. If the claim is not filed within the required time, it is permanently barred. In cases handled under summary administration, the standard 90-day deadline is shortened to 60 days.
A: When a deceased person’s home is sold in Nevada, the law generally requires a public notice of the time and place of the sale. This notice must be published in a local newspaper for two weeks before the sale. In some cases, the court can waive publication entirely if all heirs consent in writing. A Las Vegas estate administration attorney can guide you.
A: In Nevada, summary administration is a quicker process for handling estates that meet certain conditions. The court may order summary administration if the estate’s total value does not exceed $300,000 after subtracting any debts. Once summary administration is granted, the personal representative must notify creditors. They’ll then file the petition for distribution of assets, as well as the notice of the hearing.
At Ken R. Ashworth & Associates, you aren’t going to be treated as another case number. Our team knows the emotions involved with the death of a loved one, and we are here to support you every step of the way. Let us handle the legal side of things so you can focus on your well-being. Contact our Las Vegas office today to schedule your first appointment.
