Probate is when your estate is taken to court after you pass and the court follows your wishes normally set forth in a will. There are, on rare occasions, times when a trust has to be partially probated. If you die "intestate," meaning you have left no will or trust then the court appoints a person, usually a relative, to administer your estate.  If you have no relative, here in Reno the Court then it appoints the Washoe County Public Administrator. It is best to plan for what you want to happen to your things after you pass. It avoids many expenses that are eaten up by the administration of a intestate estate.

A basic will can be as simple as handwriting out where you want your things to go. This is called a holographic will, it must be all in your own handwriting (no typed words), it must be dated and it must say that it is your will. For very small estates this is a fine. Wills are not expensive in todays legal work. For a few hundered dollars a will can be drafted. Be careful about using one off the internet. It may not cover what is required in Nevada and then you are in the intestate pool described above. A good attorney will also explain the option of a trust and what best fits your needs.

Probate itself is before a court. The time tables of how long it takes and what it costs vary depending on the size of the estate. It also depends on what the courts busy calendar can accommodate. Here in Reno we have a completely different probate court. This is not true in, for example, Carson City or Douglas County, where the District Judges do the probates along with the rest of their calendar.

Probate starts with the filing of the will, then a Petition to probate which requires the court to appoint the executor of the estate, who is the person that is appointed in the will to take charge of the estate. That person is sworn in and sometimes, but rarely, required to post a bond. The executor then provides a detailed inventory of the estate which is filed with the court and there is a notice to creditors sent out and published. This process normally takes 90 days after appointment and the proper papers are filed. Then the estate is administered as directed in the will. Depending on the property of the estate and how it is to be handled, disposed of or sold, the estate is ready for final distribution, closing and accounting. A simple estate can take 6 to 8 months and larger estates much longer.

Hardy Law Group offers probate services. We also represent estates from challenges of claimants both family and otherwise and represent wrongfully treated family members where the facts allow such a challenge.  Call us if you think we might be able to help you in this area.