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Home » Probate » Does My Parent's Estate Have to Go Through Probate?

Does My Parent's Estate Have to Go Through Probate?

April 30, 2012 by Gerald M. Dorn, Estate Planning Attorney

When you lose a parent, it can be one of the most emotional times of your life.  Despite the grief, there will be estate administration matters that must be addressed.  If a decedent leaves a Last Will it will be admitted by the Court for a probate process.  If the decedent died without a Last Will or living trust the estate will go through a similar probate process.  Although each state has slightly different procedures and rules, there are a few common things you should know that may help you understand the process and determine whether your parent’s estate must be probated.
If a Last Will was not found, then the laws of intestacy of the state with jurisdiciton over the estate will be applied.  If a Last Will was discovered then the estate will distribute to the beneficiaries identified in the Last Will.  The size of the estate and the type of assets involved often impacts what type of probate process is required.
Nevada offers a form of less formal probate know as a set-aside administration for uncomplicated estates valued at less than $100,000.  Although a Court hearing is required, this process can usually be accomplished in a matter of weeks.
A more formal probate process will be required those estates with values exceeding $100,000.  This process will take months and sometimes years to complete and can cost the estate a significant amount of money.  Some assets, such as life insurance proceeds or retirment funds, which already have beneficiaries identified, may not have to pass through probate.
Contact a qualified estate planning and probate attorney to learn more about the probate process.
 

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Gerald M. Dorn, Estate Planning Attorney
Gerald M. Dorn, Estate Planning Attorney
Gerald Dorn is a shareholder and has been a partner at Anderson, Dorn & Rader, Ltd. Since 1998. Mr. Dorn has extensive experience serving wealthy families and business owners in the development of estate, tax and asset protection planning strategies. He made the decision to focus his practice in the area of estate planning after witnessing the personal grief and financial loss suffered by several of his clients as a result of poor planning. These experiences motivated him to dedicate his professional life to assisting his clients to preserve their life’s work for their heirs and to create a lasting legacy for those they love. Mr. Dorn is able to accomplish his mission through the use of a vast number of estate planning tools, both basic and advanced, for all of his clients at Anderson, Dorn & Rader, Ltd.
Gerald M. Dorn, Estate Planning Attorney
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Filed Under: Probate Tagged With: probate administration, will

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