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Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: Probate is the court procedure by which a will is proved to be valid or invalid. Creditors of the estate are provided the opportunity to file claims against the estate and receive payment of those claims. After the administration fees, taxes and creditor claims are paid, any remaining assets of the estate are distributed to the beneficiaries.

Q: What is a will contest?

A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. A will may be invalid if it was the result of forgery, undue influence, inadequate execution, or other issues. A later will may invalidate an earlier version.

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A will contest can result in a significant delay in the distribution of a loved one's assets.

Las Vegas Probate and Estate Administration Lawyer

Our Las Vegas law firm serves families and beneficiaries in probate and estate administration matters in the Clark County probate court. The experienced probate attorneys at Cassady Law Offices, P.C. represent clients in the routine execution of wills and trusts. When no enforceable estate planning documents exist, we administer estates in accordance with Nevada state probate law.

To discuss your legal needs in a free initial consultation, contact our Las Vegas probate attorneys. We also handle will contests, trust disputes, and other estate litigation matters.

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Probate and Estate Administration - An Overview

Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, call an attorney in your area today.

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The Probate Process

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.

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Role of the Executor

An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of his or her will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers, and other entities of the death, the executor has numerous other legal responsibilities.

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Avoiding Probate

Assets disposed of outside the probate process are part of the non-probate estate. Since a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models in order to save their loved ones from the difficulties associated with going through the probate courts.

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Will Contests

The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.

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Offices in Las Vegas and Henderson

Cassady Law Offices, P.C.

Las Vegas Office

7201 W. Lake Mead Blvd., Ste. 500
Las Vegas, NV 89128

Henderson Office

2649 W. Horizon Ridge Pkwy., Ste. 120
Henderson, NV 89052

Serving clients throughout Clark County and the Las Vegas metro area, including the communities of Henderson, Summerlin, Paradise, Boulder City, Winchester, North Las Vegas, and Pahrump