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Probate · Washoe County
One thing at a time, in the right order.
When a parent or a spouse has died and there’s a house, an account, and a folder nobody has opened, the hard part is usually not knowing what happens next. That’s what the first conversation is for. You’ll hear the whole thing laid out from beginning to end, and then only the first step.
The short answer
Probate is the court process for passing on what someone owned in their own name. In Nevada, many estates qualify for a shorter version, and some need no court case at all. Bring a death certificate, the will if there is one, the deed or a property tax bill, and a recent statement for each account. From that, we can tell you which path applies and what happens first.
In this area
First question: is probate even needed?
Not everything goes through court. Before anything else, what the person owned gets sorted into two piles:
- Things with their own instructions. Joint accounts, life insurance and retirement accounts with a named beneficiary, anything already in a trust. These pass on their own.
- Things in the person’s name alone. A house on a single-name deed, a bank account with no beneficiary, a car, the contents of a safe deposit box. These are the probate estate.
Only the second pile decides the path. Families sometimes expect a full probate and turn out to qualify for an affidavit. Others are told at the bank that they won’t need probate, and then find the house is titled in one name. The deed and the statements settle it, so bring them.
Four paths, by the size of the estate
Nevada scales the process to the estate, counting only the second pile. The dollar thresholds are set by the Legislature and change, so they’re described in words here; the first conversation confirms which applies to your dates.
| Path | Who it fits | What it feels like |
|---|---|---|
| Small-estate affidavit | The smallest estates, with no real estate. A surviving spouse qualifies at a higher ceiling. | Forms and a death certificate, with no court case. |
| Set-aside without administration | Estates a step larger than the affidavit allows. | One petition; the court assigns the whole estate directly to the people entitled to it. |
| Summary administration | Estates below a statutory ceiling. | Court supervision with shortened notice periods. |
| General administration | Everything above that ceiling, and any estate the simpler paths do not fit. | Full supervision, hearing by hearing, until the court approves the final accounting. |
What happens, in order
Opening
A petition is filed in the Second Judicial District Court, notice goes to the heirs, and the court issues Letters, the document banks and title companies will ask to see. From then on, someone is officially allowed to act.
Gathering
Accounts are found and valued, creditors are notified and given their window, the house is appraised. This stretch is mostly waiting periods fixed by law, and a prepared family uses it to line things up.
Resolving
Valid claims get paid, taxes get filed, and if the house is sold the court signs off on the sale.
Closing
A final accounting goes to the court, the judge approves distribution, and the estate closes.
If you’ve been named executor, or there’s no will
You’ll be asked to gather what the person owned, protect it, tell creditors and heirs what’s happening, keep records, and account to the court. The court takes those duties seriously, and so do the heirs. Our part is to make that job manageable: the filings, the deadlines, the letters, and the decisions like whether to sell the house now or hand it over as it is.
Bring the paperwork you have.
Request a consultationTrust administration in Nevada and California
When the person who died had a living trust, there is usually no court case, but there is still work, and it falls to the successor trustee: statutory notices to beneficiaries, gathering and valuing assets, paying debts and taxes, keeping scrupulous records, and distributing exactly as the trust directs.
The firm represents successor trustees through that work.
When a dispute arises, such as a contested will, a trustee who won’t communicate, or an amendment that appeared late in life, the firm represents executors, trustees, and beneficiaries in Washoe County’s probate court. Whether a fight is worth having is part of the first conversation; many families are better served by a firm letter than a lawsuit.
What it costs, and who pays
Probate is ordinarily paid for by the estate, as an expense the court approves before anything is distributed.
How we charge
Agreed before work begins
Nothing starts until you know how the work is priced and how payment works.
Before you call
Does every estate go through probate?
No. Trust assets, joint-tenancy property, and accounts with beneficiary designations pass outside court. Probate applies to what the person owned in their own name alone, and even then Nevada has shorter procedures for smaller estates.
How long does probate take?
An affidavit can be done in weeks. A court-supervised administration runs months rather than weeks, and most of that time is waiting periods set by statute and the sale of property.
There is no will. Is that a crisis?
No, it is common. Nevada’s intestacy statutes decide who inherits, and the court appoints an administrator, usually the closest willing relative. The same paths apply.
The estate is mostly a house with a mortgage. What happens?
The mortgage does not come due just because the owner died. The house can be kept by an heir who continues paying, or sold through the estate, with court confirmation where the law requires it.
Who pays for probate?
Ordinarily the estate does, as an administration expense approved by the court before anything is distributed. How the work is priced is explained before it begins.
When you’re ready