Do I need an attorney to open a Probate or Administration?

Although you can maintain a probate or administration yourself, it is strongly recommended that you seek the assistance of an attorney who has experience with estate matters. A qualified attorney can guide you through the probate or administration process (including proper notification of other potential beneficiaries of the estate) and can be helpful if a dispute arises with creditors or others potential heirs.

Will the Executor need to obtain a separate Tax Identification Number for the Estate?

Yes. A Tax Identification Number for an estate normally is required. You should not use the deceased person’s social security number in most cases. A Tax Identification Number for the estate can be obtained from the Internal Revenue Service.

Can I become the Executor or Administrator of an estate if I do not live in Nevada?

Yes. The State of Nevada does not impose restrictions on residency of an Executor, but does require a non-resident Administrator to associate a Nevada bank as a co-administrator.

How long does Probate or Administration normally take?

In a routine probate proceeding, you can expect a minimum probate period from 120 to 180 days. This allows for publication of creditor notices and gives creditors time to file claims. However, probate and estate administration often take much longer if complications arise.

Is there a time limit for starting Probate or Administration proceedings?

No. However, it is important to begin as soon as possible so assets can be protected and inventoried, final tax returns can be filed and the debts of the estate paid.