Simplifying The Probate Process For Estates Under $25,000
Depending on the value and property held in a deceased individual's estate, the probate process in Nevada can range from somewhat simple to extremely complex. When the property left by a decedent is valued at $25,000 or less (not including vehicles) and does not include any interest in real property (including a mortgage, lien or trust deed), a document called an affidavit of entitlement can be filed with the probate court to expedite the transfer of assets to the proper beneficiary.
Is Your Deceased Spouse's Estate Valued For Less Than $100,000?
The simplified probate process using an affidavit of entitlement for estate asset transfers is also available to the spouse of a decedent whose estate is valued under $100,000 and does not include interest in real property.
Frequently Asked Questions Regarding Affidavits Of Entitlement
- Who can file an affidavit of entitlement? You can file this affidavit if you are entitled to receive assets of the estate — either because you are named as a beneficiary in the decedent's will or because you are entitled to the assets through intestate succession (the process used when the decedent has no will).
- Will an affidavit of entitlement allow for the transfer of all assets held in the estate? This depends. Some assets may require a court order to pass title from the decedent to the beneficiary. The necessary court order can be obtained by submitting to the probate court an affidavit of entitlement along with a petition to transfer assets.
- Is a court hearing necessary? Filing the affidavit and obtaining a court order awarding the assets generally does not require a court hearing, although this is dependent on individual circumstances.
- How soon can a beneficiary file an affidavit of entitlement? The affidavit cannot be filed until 40 days after the decedent's death.
Skilled Assistance With Henderson Small Estate Affidavits
An affidavit of entitlement is a valuable tool for beneficiaries who want to save time, money and stress by avoiding a protracted probate proceeding. At Cassady Law Offices, P.C., our attorneys have more than a decade of experience and can advise you on whether an affidavit of entitlement is appropriate in your situation. We can also assist you in completing this document correctly, so potential delays in the process can be minimized.
Contact Us To Schedule A Free Consultation
Contact Cassady Law Offices, P.C., to schedule a free 30-minute consultation with one of our experienced Las Vegas affidavit of entitlement lawyers. You can send us an email or call us at 800-557-6423 or 702-706-1083. We look forward to speaking with you.