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Probate Attorney

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Probate Process in Las Vegas

Las Vegas Probate Attorney

Are you looking for a lawyer to represent you in the probating of a Las Vegas or Clark County estate? If yes, probate attorney Brian C. Tanko may be exactly what you are looking for. Not only does probate attorney Tanko possess nearly 20 years of experience, but he is BV Distinguished® by Martindale-Hubbell® for demonstrating a high level of ethical conduct and legal ability, plus he is a Certified Public Accountant and Certified Fraud Examiner, which comes in especially handy when preparing accountings for the court.

At The Law Offices of Brian C. Tanko, we offer free consultations and if you can’t travel to us, we’ll come to your home, hospital room or nursing home to accommodate you. Just a few reasons why we are qualified to represent you include:

  • Probate Attorney Brian C. Tanko is licensed to practice law in Montana and Nevada.
  • We offer flexible hours to accommodate your schedule.
  • Brian frequently lectures before social and professional organizations on various topics including probate proceedings, trust and probate litigation.

In Southern Nevada, when someone passes away leaving behind an estate that exceeds $20,000 in value or if there is real estate involved, probate administration is usually required. Probate is the court-supervised process where a will is proven to be valid; debts, claims and taxes are paid, and what’s left is distributed to the beneficiaries named in the will, or in the absence of a will, according to state law.

Need professional help with probate? Contact The Law Offices of Brian C. Tanko today!

Steps in the Probate Process

If an executor is named in the will, usually the court will appoint that person to administrate the decedent’s estate. If there is no will, the court will appoint an administrator to settle the decedent’s estate, who is typically the decedent’s spouse or a close family member. Probate proceedings in Nevada take approximately four to six months, but they can take longer if there is a will contest or real estate property to be sold.

For a general administration, the will must be filed with the County Clerk’s Office within 30 days of the testator’s death. The basic steps for a Nevada probate are as follows:

  • Usually a family member of the deceased submits to the District Court a Petition for Issuance of Letters of Testamentary or a Petition for Issuance of Letters of Administration.
  • Prepare a Notice which sets a hearing date and notifies all interested parties (10 days before the hearing)
  • Take control of the decedent’s assets.
  • Within 60 days of appointment as a personal representative, file an Inventory with the Clerk’s Office and within 10 days of filing the Inventory, mail a copy of the inventory to all heirs or beneficiaries.
  • Publish a Notice to Creditors and mail the notice to easily ascertainable creditors at the time of publication.
  • Pay debts and claims against the estate.
  • File the decedent’s final personal income tax returns.
  • Within 6 months of the personal representative’s appointment, file verified account and report with the court.
  • With the remaining assets, distribute them to the beneficiaries entitled to receive them.
  • Before closing of the estate, the personal representative files a final account and report, which is required to be filed with the court.

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