We have all heard the word, but what does it mean? Probate is a civil department of the state district court. Nevada has 11 judicial districts, and each has a probate department.
When someone dies, whether with or without a will, their estate must go through probate court. The reason for probate court is to formally allow assets from the decedent’s estate to be legally transferred. While there may be other ways assets can transfer after death, for example, by naming a transfer on death beneficiary, probate is available when the decedent has not used other available avenues. The probate court acts as an oversight body to ensure that a decedent’s estate is being properly handled. For example, the probate judge will oversee the estate to ensure that:
• All legal heirs and beneficiaries have been properly noticed.
• Estate assets have been identified and secured.
• Those who are legally entitled to received estate assets receive those assets.
• That the administration of the estate is being handled efficiently and above board.
Notably, one of the most important parts of probate is ensuring a qualified individual is appointed executor. Just because someone is named as an executor in a will does not mean that he or she automatically becomes executor at death. Anyone who is named as an executor in a will must still petition the district court to be formally appointed executor by a judge.
If a loved one has recently passed away and you have questions about probate or the probate process, one of our attorneys would be happy to speak with you.
