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Do You Need To Hire A Probate Attorney?

Do You Need To Hire A Probate Attorney?

probate in Nevada

A probate lawyer, in essence, tends to handle the procedure of estate administration after an individual passes away. In some cases, they can also serve as an administrator or executor of a property if the person couldn’t designate anyone else.

Hence, if someone in your family has died recently, it’s always best to hire a probate lawyer as soon as possible. Just let them know about your situation, and they’ll take care of the rest.

What Does A Probate Attorney Do?

The procedure of getting through the process of probate in Nevada can be pretty tricky. So, it’d be best if you could hire a lawyer for the same. This is how they can help you out.

  • Pay all of your outstanding debts.
  • Transferring the property and the other available assets to the beneficiaries.
  • Filing and preparing legislative documents (asked by the probate court).
  • Collecting proceedings from the available life insurance policies.
  • Resolving various tax issues, including federal estate tax, income tax, and other estate-related tax return problems.

Aside from this, they can also help with law-related issues. Don’t forget to ask them all about it before finalizing the hiring procedure.

How Much Fee Will They Take?

Now, it’s a difficult question to answer.

When it comes to the fee of the lawyer, it usually depends on the experience of the person. The more time they’ve spent here, the higher their asking price will be. Also, in some cases, the price might depend on the complication of the case.

Usually, a probate attorney will charge money by the hour, mainly on a flat-fee basis. But, in some cases, they might also ask for a certain percentage of the property value. Hence, if you want to avoid any complications, make sure to ask them about it beforehand.

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How Does The Probate Procedure Go?

The probate process is classified into two categories – intestate and testate. For instance, if the person has died after writing a will, then it’ll be known as testate probate. Conversely, if they could not make any will before passing away, it’ll be known as intestate.

Now, if there’s a will available in the process, then the person named on that will be the executor. They will manage the affairs of the decedent and ensure that everything’s going the right way.

However, if there’s no executor available in the will, the court will find and appoint someone else instead. The family won’t get to have any in this aspect.

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How Long Does A Probate Proceeding Take?

According to the best Las Vegas Probate Lawyers, a probate proceeding can take around a year or so to complete. But, that’ll only be applicable if you have each and every paperwork straight. And some other factors will affect this duration as well, including –

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  • The size of the real estate and the area of conjures.
  • The total number of beneficiaries written in the will.
  • The debts and taxes that need to be paid.
  • If there’s any issue available with the will.

Depending on the level of complication of the case, the overall duration might prolong to somewhere around two to five years.

Questions You Must Ask A Probate Lawyer

Questions You Must Ask A Probate Lawyer

No matter how complicated your case is, you should never hire a lawyer out of the blue. It should be done through proper planning and questioning. Here’s what you need to ask them.

  • Will the real property or the house be involved in the process? And, if it does, what about the disputes on the property?
  • Is the estate large or small?
  • Are the assets of the estate adequate enough to pay the outstanding debts?
  • Is there any complicated tax issue involved?
  • Does the estate owe any kind of federal tax or something as such?
  • Can they distribute the estate without involving the court?

These are some of the queries that you should ask before hiring them. In our opinion, it’d be best if you could get a one-time consultation from them before giving them the check.

The Bottom Line

As mentioned before, navigating through a probate procedure isn’t easy at all. It’ll require you to understand the state’s probate procedures and rules. In case you’re an executor or have been involved in the process somehow, it’d be best to talk with an attorney first.

It’d be hugely helpful for you!

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