Las Vegas Divorce Law Firm

Reading this entire page will provide you with valuable information before your Free Consultation. You may also want to bookmark this page for future reference.

Probate is the legal process where the estate of a deceased person is transferred to one or more devisees or heirs.

Your family may experience grief and confusion when a loved one passes away. We have helped families in Nevada, and all across the United States, minimizing their problems during this difficult time.

If you have been named as Executor (in Nevada this person is referred to as a Personal Representative) in someone's Will, or if you will seek appointment as a Personal Representative of a deceased person's estate, we will handle every aspect of working through the Nevada legal system on your behalf. All services can be done by phone, mail, email or fax, saving you travel expenses and valuable time.

There are four general categories of Probate proceedings: Letters of Entitlement, Set Asides Without Administration, Summary Administrations, and General Administrations. The following information is a general overview and is specifically not meant to be legal advice.

Letters of Entitlement are Probates for estates where the value is $20,000 or less (Excluding amounts due to the deceased for services in the Armed Forces) and the estate consists of no real property.

Set Aside Estates Without Administration are Probates for estates where the value does not exceed $75,000 (less any liens or encumbrances only, but not less any unsecured debt).

Summary Administrations are Probates for estates where the value does not exceed $200,000.

General Administrations are Probates for estates of which the value exceeds $200,000.

Each type of Probate is described in greater detail. (See below.)
Regardless of the type, every Probate Client at The Abrams Law Firm receives the following benefits:

Payment for legal fees must be approved by the Court. We do not require any up-front payment for Uncontested Probates if accounts are going to be liquidated, or real property is going to be sold, during the Probate process.

You deserve complete access to your Probate Law Firm. We offer a 24 hour telephone number (including weekends and holidays) - so it doesn't matter what time zone you're in.

Your case is handled personally by Attorney Jennifer V. Abrams, our firm's founder.

You don't have to live in Nevada to act as Executor (Personal Representative). Nevada State law requires that, in the absence of a Last Will and Testament, at least one Personal Representative be a Nevada State resident. We will always act as such on your behalf.

You don't have to be a Nevada Real Estate expert. Upon your request, we will refer to you an independent licensed Real Estate agent to sell the estate's real property. You can of course choose your own agent as well.

You deserve to have a Probate Law Firm that will solve your problems. We provide the long-term savings and peace of mind that you require.

You save on travel expenses. We will appear on your behalf at all Court Hearings. All services can be done by phone, mail, email or fax, saving you valuable time.

You don't have to sort through piles of unfamiliar paperwork. If you ever have a question about any document, we will gladly explain it, in plain English.

All additional benefits detailed in our Client's Bill of Rights.

Letters of Entitlement

We DO NOT HANDLE Letters of Entitlement Probates.

If the value of the estate is $20,000 or less (excluding payments from any branch of the Armed Services) and there is no real property, no interest in a real property, no mortgage or lien, and the person claiming the Estate has a right to do so in accordance with NRS 146.080, then the estate can be Probated by Affidavit.

In order to be of assistance to those persons who may have a claim to a Letter of Entitlement Estate in Clark County Nevada, we offer the following information.

Please contact:

Set Aside Estates Without Administration

If the value of the estate is greater than $20,000 but less than $75,0000 (less any liens or encumbrances only, but not less any unsecured debt), then the Probate falls into the category of a Set Aside Estate Without Administration.

The following is a simplistic example of a Set Aside Estate Without Administration calculation. The information is for example purposes only.

Real Estate Value	$220,000
Less Mortgage	-$170,000	(This is referred to as a lien or encumbrance)
Estate Value	$ 50,000

If the deceased had credit card debt of $10,000, this would not be an allowed deduction because it is unsecured debt.

Set Aside Estate Without Administration Probates, among other things, require a Petition to be filed and attendance at a Court Hearing. At the Court Hearing, your attorney will present various forms of proof of the Estate's value and your right to a claim on it before the Probate Commissioner. The Probate Commissioner in Clark County acts as a "Judge" to adjudicate all Probates. Outstanding creditor issues must also be addressed prior to the Court Hearing.

Summary Administrations

If the value of the estate is greater than $75,000 but less than $200,0000, then the Probate falls into the category of a Summary Administration.

Summary Administration Probates, among other things, require a Petition to be filed and attendance at one or more Court Hearings. At each Court Hearing, your attorney will present various forms of proof of the Estate's value and your right to a claim on it before the Probate Commissioner.

The Probate Commissioner in Clark County acts as a "judge" to adjudicate all Probates. Publishing a Notice to Creditors for at least 60 days and the appointment of a Personal Representative (Executor or Co-Executors) must also be processed and approved by the Probate Commissioner.

General Administrations

If the value of the estate is greater than $200,000 then the Probate falls into the category of a General Administration.

General Administration Probates, among other things, require a Petition to be filed, Letters of Administration to be issued, Proving of a legitimate Last Will and Testament, if any, Filing of an Inventory for the estate, Filing of Accountings, and attendance at numerous Court Hearings.

At each Court Hearing, your attorney will present various forms of proof of the Estate's value and your right to a claim on it before the Probate Commissioner. The Probate Commissioner in Clark County acts as a "judge" to adjudicate all Probates. Publishing a Notice to Creditors for at least 90 days and the appointment of a Personal Representative (Executor or Co-Executors) must also be processed and approved by the Probate Commissioner.

Various Notices must also be published, and Affidavits of Mailing must be filed with the Court in support of all devisees and heirs. Your attorney will also prepare various Court Orders for the Probate Commissioner's approval to ensure compliance with applicable Nevada State Laws.

If a person dies with a valid and provable Last Will and Testament, it is referred to as Testate. If there is no provable Last Will and Testament, it is referred to as Intestate.

Before a Last Will and Testament is admitted to the Probate proceedings, it must be proved. If the original Last Will and Testament is available, it will be filed with the Court. If the original Last Will and Testament is Holographic, that is to say, it is written in the deceased's handwriting, the Court will require additional proofs that it was actually written by the deceased person.

If the original Last Will and Testament cannot be located and only a photocopy exists, it can be also be submitted, however, the Court will require additional proofs from that of at least 2 witnesses that it actually existed in the same exact form as the photocopy.

If no original Last Will and Testament exists, nor any photocopy produced, the deceased is deemed to have died Intestate. Rightful heirs are determined by blood relation or marriage. Nevada State Law Provides for a mathematical calculation of the division of the estate based on the exact relationship to the deceased and the number of rightful heirs.

If the deceased person died and left an original Last Will and Testament, that can be proved to the Court's satisfaction, anyone named in the Last Will and Testament is referred to as a devisee.

If the deceased died Intestate, that is without a Last Will and Testament, the person or persons having a rightful claim are called heirs. These persons can be the spouse and/or biological or adopted children of the deceased. The exact distribution percentages are based on, among other considerations, whether the deceased had a surviving spouse or not and the number of biological and/or adopted children.

If the deceased had no surviving spouse nor children, then the deceased's parents are rightful heirs. If the deceased had no surviving spouse, children, or parents, then the deceased's siblings, or the siblings children are rightful heirs.

Regardless of the type of Probate, there are two methods which typically govern the proceedings: Uncontested and Contested.

An Uncontested Probate is where the distribution of the deceased's assets are not in dispute, regardless of whether there is a provable Last Will and Testament or not.

A Contested Probate is where one or more parties are challenging, among other things:

The validity of a Last Will and Testament, and/or;
The individual(s) named as Personal Representatives, and/or;
The distribution of the deceased's assets, and/or;
The blood relations of an heir

Warning!
Nevada State Law provides that any party who brings an action against another party, may be held liable for the other parties' Attorney Fees and costs upon a loss of that action. An estate of a deceased person is considered a party that can seek Attorney Fees and costs against you, if you challenge a Probate and lose.

Every Contested Probate case requires an initial retainer payment. Our minimum is $5,000. Your initial retainer is deposited in a Client Trust Account, not our firm's operating bank account. As work is performed on your case, the fees earned as reflected on your billing statement are transferred. Any balance in your Client Trust Account that is not used for legal fees and/or expenses, is promptly refunded to you at the conclusion of your case. We accept all major credit cards and special payment arrangements can be made on a case-by-case basis. We will also accept a third-party credit card if friends or family would like to assist you.

For a Free Consultation call 702.222.4021 or Contact us by Email

Home - Client's Bill of Rights - Out of State Clients - Divorce - Probate - Contact Us - Founder's Profile