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In the state of Nevada there are several different types of probate. The easiest way to imagine the types of probate is to think of them as different levels of probate depending upon the value of the estate at issue.
The first level of probate, for the nominal estate, requires only that the individual entitled to the deceased’s estate provide notice to all persons with a claim to the estate and execute an affidavit swearing to all required legal elements. The affidavit can then be provided to the institution retaining the deceased’s assets, for example a bank with a bank account in the name of the deceased, and the assets can be transferred to the appropriate individual. This level of probate does not require any documentation to be filed with a court nor are any court appearances necessary.
The second level of probate, for a small estate, requires a Petition to Set Aside. A Petition to Set Aside is filed with the court of a Petition, establishing various elements including a representation that the estate is a small estate and to whom the estate should be distributed. Following the filing of the Petition generally one court appearance is necessary. Moreover, the appropriate legal notices must be provided to all heirs and devisees as well as to the Department of Health and Human Services. After the court hearing and the issuance of an order by the court, the estate is simply set aside to the appropriate individuals.
The third level, for a medium estate, is referred to as a Summary Administration. This process allows for administration of the estate with slightly more detail and oversight than a Petition to Set Aside but without requiring the full oversight of a complete probate. Through this process notices will be provided to all heirs and devisees and the Department of Health and Human Services. Additionally a notice to creditors will be issued and published, however, the time frame for a creditor response will be shorter than the time frame required in a full probate. Following the expiration of the notice to creditors an accounting can be filed with the court and, following an order of the court, the estate can be distributed. This process generally requires two hearings before a court and several different court filings.
The final level, for larger estates, requires the completion of a full probate. A full probate requires the issuance of letters of administration to an individual appointed by the court to administer the estate. The administrator thereafter must locate all assets and debts of the decedent and provide the court with an inventory and one or more accountings of the expenses and income of the estate. Once the administrator ensures that all debts are paid and obtains court authority to distribute the estate the assets may be distributed to the appropriate individuals. The entirety of this process is overseen by the court and thus notices will be provided on several occasions to all heirs and devisees as well as to the Department of Health and Human Services, notice to creditors will be issued and published and several hearings will be required.
The values which create the divisions between the various levels of probate can, and do, change following legislative action. Nonetheless, for informational purposes and recognizing that these numbers will change in the future, at the time of the writing of this blog in January, 2015, the levels are divided as follows. The nominal estates, which require the execution of an Affidavit, are those estates that do not exceed $20,000. The smallest estates, which require a Petition to Set Aside, are those estate valued between $20,001 and $100,000. The medium estates, which require Summary Administration, are those estate valued between $100,001 and $200,000. If an estate is valued greater than $200,000 it will be considered a large estate and will require a full probate.
Posted on January 13, 2015 by J. Mahe
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