How and when is it possible to avoid the probate process?

On Behalf of | Sep 15, 2018 | Blog

When Nevada families are dealing with the loss of a loved one, they know there are several steps they will have to take in order to settle his or her estate. One of the main concerns of families going through this process is the issue of probate. In some cases, it may be possible to avoid the probate process altogether.

Whether you are making decisions about your own estate plan and the future interests of your family or you are navigating estate matters after the death of a loved one, you need to know about probate. Because of the nature of this specific process, many people find it beneficial to have experienced legal guidance. A smart first step can be to simply seek a complete evaluation of your case. 

What should you know about probate?

Probate is the legal process of settling estate obligations and distributing assets according to a person’s will. A court oversees this process, and it can involve the following: 

  • Appointing a person to act as executor of the estate
  • Identifying and gathering all estate property
  • Notifying all heirs
  • Paying off all estate taxes and remaining obligations
  • Distributing all estate property according to the will

There are ways that your family may be able to avoid probate, which is often the desired choice because it saves both time and money. Certain terms of some estate plans are such that it is not necessary to go through the entire process. Other exemptions may exist for estates that are worth under a certain amount of money. 

If you find that probate is unavoidable, it can be beneficial for you and your family to understand how this process will work and what you can expect in order to protect your rights and interests.

Help for settling a loved one’s estate 

During the weeks and months after the death of a loved one, it may seem difficult to consider the legal steps that are necessary to formally settle the estate of the deceased  and move forward. Fortunately, you do not have to walk through this process alone.

Your family may find it beneficial to take quick action to secure legal guidance through every step of this process. Whether you will be able to avoid probate or not, having guidance can reduce the chance of complications and setbacks as you look to following the wishes of your loved outlined in his or her will.