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Can I Hire a Probate Lawyer in Nevada if I Live Outside the State?

If a loved one has passed away in Nevada, you may be wondering if you need to hire a probate lawyer to help you settle their estate. This can be even more challenging if you do not live in Nevada yourself.

For example, parents move to Nevada to retire but their adult children live in different parts of the country. How do those children proceed if their parents pass away leaving a large estate to settle in Nevada?

The simple answer is yes, you can hire a probate lawyer in Nevada if you live outside of the state.

The probate process has many steps and can be complicated to navigate. Getting local representation at the beginning of the process is recommended to help you save time and money. The loss of a loved one is already a trying time. Dealing with their estate does not also need to be an added pain.

Why hire a probate attorney if you don’t live in Nevada?

If a family member or close friend has passed away in the state of Nevada, their estate will more than likely need to go through the probate process. Probate is a legal process that takes place after someone has died. The process makes sure that all creditors are paid and that all beneficiaries of the estate are accounted for. The process can be complex, depending on the size of the estate and how many creditors or beneficiaries there are. 

There are a few reasons you may need to hire a probate attorney if you don’t live in Nevada. Mainly, you will more than likely need legal representation if you are appointed as a personal representative for the estate of someone who has died. You can be a personal representative in two ways: as an Executor that was named in a will expressly or as an Administrator who petitions the court to represent the estate. 

If a loved one has passed away and left a will, they will have named a person that they want to manage their estate and handle their assets. This person is called the Executor. The deceased could have named anyone to be the Executor, there are no residency requirements to be one. 

If the loved one did not leave a will, a family member or a close friend can petition the court to manage the estate. This person will be called the Administrator and they do not need to reside in Nevada. However, Nevada law does discriminate against out-of-state Administrators. In many cases, the out-of-state Administrator will need to assign or hire a Co-Administrator who lives in Nevada.

What will the probate attorney do?

There are several steps to the probate process.

First, a Petition for Probate must be filed with the court. This will request that the Executor be appointed, as named in the will, or that an Administrator is assigned.

Next, potential creditors need to be given notice so they have time to make a claim on the estate.

Then, the personal representative is in charge of calculating the worth of the estate by collecting an in-depth inventory of all physical and monetary assets.

After all of the estate has been accounted for and the creditors, if any, have been paid, the probate process can close. It is at this point that the beneficiaries would split the remaining assets. This process can be long and drawn out. There can also be complications with creditors who claim that they are owed payment.

Additionally, it is not unheard of for other relatives or close friends to make objections to how the estate is divided. Hiring a lawyer to lead you through these steps will assist you in making sure that the process is done correctly and as quickly as possible. 

There are a few instances where the estate could go through simplified procedures or even skip the probate process altogether. In most of these cases, the estate is small and the net assets fall below a set dollar amount.  If the estate qualifies to skip or simplify the process, the beneficiaries generally only need to file a document and wait a certain amount of days to get the inheritance.

Again, hiring an attorney to help you see if you qualify to skip or simplify the probate process can help you save time and money. 

What are the steps to hiring a probate attorney if you live out-of-state?

As with all lawyers, you should do your research before hiring a probate attorney. Find a lawyer who specializes in probate law. If there are special circumstances to the estate, like large assets or land division, try to find a probate lawyer that has experience in that exact sub-specialty.

You can find out this information by looking at the attorney’s webpage. Also, read reviews of the attorney to get a feel for what type of advocate they are and who they have represented. 

You want to also make sure that the lawyer you choose has experience working with out-of-state clients. The easiest way to find this out is to ask the attorney. Make sure to get specifics on how they deal with out-of-state clients and how often they will communicate. Many lawyers have adapted to advanced technology and can meet with you via webcam if you prefer.

Additionally, ask them how often, if at all, they expect you to appear in Nevada for court. It may be possible for you to avoid appearing in-person and going to Nevada if the probate process is not complicated and uncontested.

Finally, pick a lawyer that you feel comfortable with. This person will be representing you from afar and acting as your advocate in court. You do not want to hire someone that you don’t feel that you can trust to do this for you.

Often times, the estate belonged to someone that you cared about and you want to make sure that their assets and beneficiaries are in good hands with the on-the-ground representation of your lawyer in Nevada.

How we can help you with probate

Our attorneys specialize in probate in Nevada and can help you through this difficult process. We offer many benefits such as fast results, flat fees available, flexible payment plans, $0 down and no court/office visits required.

Visit our probate page for more details and to request a free consultation. Or call our 5-star probate attorneys for more questions.