Question

What happens if a will is not probated in Nevada?

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Brandi K. Cassady - Estate Planning & Probate - Super Lawyers

Answered by: Brandi K. Cassady

Located in Las Vegas, NVCassady Law Offices, P.C.

Phone: 702-650-4480
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Answer

It depends on what the Estate assets are.  If the Estate has no assets and no creditors, there is no need to probate the Will.  It still has to be filed with the Court as a procedural matter, but there is not much impact if there is nothing to administer.  If the Estate does have assets, probate is required to access those assets if they are over $100,000 in value.  If the Will is not admitted and the probate is not started, the asset will remain stagnant.  Creditors can also become an issue if the Estate has assets and no party moves to probate the Will.  In Nevada, creditors can petition to open an Estate in some cases.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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