When an heir disagrees, this is called an objection, or sometimes, a will “contest.” These are resolved by a judge if the parties cannot resolve it informally through their lawyers. Will contests can be complex and cause delays to distributions to other heirs.

The deceased’s debts must be paid in probate first (with some exceptions) and then the remaining property can be distributed to the heirs. However, neither the heirs nor the executor is personally responsible for the deceased’s debts unless they were shared debts, like a mortgage.

Probate begins by collecting information about the deceased’s family members and assets. If there is a will, the original is filed with the clerk. Then, you need to secure the property until the court allows it to be sold or distributed. After that, your legal documents will be ready to file with the court, served on interested parties, and the court will provide your first date to appear before the judge.

The average probate case has 24 separate steps, each with their own deadline and documents to draft and serve on interested parties. Some documents have to be published in the newspaper. An experienced attorney can make this painless for you, especially if you have concerns about heirs who may contest the will or object to the inheritances.

We run into this problem all the time. Sometimes we can research certain public records to find out, and if not, we can send a letter reminding the executor of their duty to disclose this information. We let them know that if they do not provide information, we will presume there is none and we will probate the estate without them. This usually prompts a response and causes them to provide copies of the estate plan.

For estates under $100,000, we can use a process called set aside to complete the probate in approximately one month. The estate is the total value of the property minus the mortgage (but not minus credit cards and other debts). But if you need to sell real estate or if you are uncertain about what debts the deceased had, this option won't work.

We help out-of-town residents probate the estates of local family members all the time. With very rare exceptions, you do not have to come to Las Vegas or go to court. We can help appoint a local co-executor for a small fee and can hire professionals to secure the property if there is any. We are happy to work by phone, email, and mail to make it as easy as possible for you.