The probate system and distributing an estate

On Behalf of | Feb 13, 2019 | Probate And Estate Administration

When Nevada residents pass away, their estate will need to be administered in order to gather, organize and pass on the assets that remain. In many cases, people die with an estate plan intact, and the primary objective of the administrator is to honor the distributions specified in it. In other cases, people may pass away without a will, in which case state law and the directions of the probate court will direct the disbursements. However, there are also tasks such as paying off debts and taxes that must be handled before distributions are made.

In some cases, state law other than that of Nevada may apply to the estate administration process. If the person who passed away lived in the state, Nevada law applies; however, real estate owned elsewhere may need to pass under the law of that state. The process will go through the probate court, but it may be necessary to have an additional probate action in the other state. In most cases, probate proceedings can be relatively quick, especially when an estate plan is already in place and is not being contested. The process will begin by formally appointing the named personal representative or executor to manage the distribution.

However, sometimes probate proceedings can be lengthier and more costly, including when there is a substantial estate but it is scattered and no estate plan exists or when a will is contested by a potential beneficiary. In this case, there may be formal hearings on the distribution of the estate.

When planning for the future, it can be important to think about what happens next. Choosing the right executorcan be important to moving smoothly through probate, and an estate planning attorney can often offer guidance in this regard.