What actually happens during the probate process?

On Behalf of | Oct 16, 2017 | Blog

Issues pertaining to estate planning can be complex, especially if you are unfamiliar with the process and what to expect. The probate process can be relatively confusing, and you may unsure of how you can get the property that was left to you through the estate of a loved one.

If you inherited property, are the administrator of a Nevada estate or think that you may receive a share of a love one’s estate, you would be wise to know how the probate process works. Probate is what happens while wrapping up a person’s estate and passing property on to beneficiaries, and it is useful to know how to protect your rights.

What is probate?

There are many laws that govern how probate works. The court supervises the process of settling any debts still owed, and then assets are transferred to beneficiaries. Any property owned by the decedent is subject to probate if not expressly passed through ownership or specific designation. With the right preparation, it is quite possible to avoid the probate process and the fees associated with it altogether.

If you have to go through the probate process, you would be wise to know what to expect. Through this process, the following things can happen:

  • A collection of the property subject to probate owned by the decedent
  • Payment of taxes, debts and other claims still owed by the decedent
  • Settlement of any outstanding disputes
  • Distribution and transfer of property to heirs

It is possible that certain property will have to go through probate even if left to a specific person through a will. This happens when there are challenges to the will, disputes over rightful ownership or questions over the decedent’s relationship to the beneficiary. While navigating the probate process, it can be useful to have legal guidance to ensure the full protection of your rights.

Guidance for probate issues

It is possible to set up your estate in a way that allows your family members and beneficiaries to avoid the probate process. If that is your goal, you may seek guidance to draft an estate plan that uniquely suits your needs and meets your objectives.

If you must go through probate to receive property to which you have a rightful claim, you do not have to walk through it alone. In fact, it is prudent to seek an explanation of your rights and what you should expect.