Answers to Common Questions about Probate
By Jordan Flake

What is Probate? 
Probate is a court proceeding to determine who has a right to the property of a person who has died.

What is an estate? 
An estate is all the property of a deceased person.

What if my loved one died without a will?
The law determines who gets the property using something called “intestacy” that identifies who is entitled to the deceased person’s property.

Can I do it myself? Why do I need Jordan or Troy? 
Probate is very complex and the consequences of a mistake can be expensive and cause major delays. Jordan and Troy will ensure that the probate process is done property and promptly. Hiring an expert will save you time, money, and aggravation.

How long does probate take? 
It depends. Some probate cases can be resolved in just a few months. Others take much longer. We work hard to ensure your matter is handled correctly and quickly.

I haven’t spoken to my brother in years. Does he really get some of mom’s estate?
If mom died without a will, the intestacy statutes determine who shares her estate. There are essentially no exceptions, even for estranged family members.

Who will handle cleaning out dad’s house and preparing to sell it? 
This is a decision for you and your family to make. We can often assist you in finding professionals who can do home cleanout and prepare the property for sale.

My long-term partner died and now his family won’t talk to me about anything. Is there anything I can do?
Unfortunately, the law prioritizes the rights of legally married spouses and blood relatives.

My half sister died. I am entitled to inherit from her estate?  
Yes, under Nevada law half siblings inherit the same as full siblings.

Dad had a personal injury claim pending when he died. What happens to that?
The personal injury claim is now an asset of the estate. The personal representative will carry the claim forward and the proceeds of the settlement will pass through probate.