Probate is the legal process of administering your estate in court, resolving all claims, and distributing your assets according to your will when you pass away. Typically probate is reserved for the legal distribution of property after your death. However, if you have assets to leave behind to your children, family or others when you pass away, you may not have to go through a lengthy and costly probate process through the use of proper estate planning. It is wise to contact a Las Vegas estate planning attorney to discuss the probate process and how to avoid it if possible.

If you leave behind debts that need to be settled at your passing, your beneficiaries may need to open a probate claim. There are tools and strategies to remove this burden from your beneficiaries. Meeting with a qualified estate planning attorney in Las Vegas to discuss the probate process may allow your debts and other obligations to be paid before your death or through your estate after your death.

A living trust is a good start in the estate planning process to help you avoid a probate hearing that could take months or years to complete and cost your loved ones thousands of dollars. Typically in a living trust you will specify that your property will pass to your beneficiaries without the need for a probate hearing. Even if you create a living or revocable trust,  our Firm recommends that you leave direction for your loved ones to meet with a qualified estate planning attorney in Las Vegas to ensure that your last wishes are properly carried out.

On average, the probate process will cost anywhere from 4% to 7% of the total estate depending on the complexity of the estate and distribution of assets. Additional litigation costs can also be a concern if there is a contest of the trust or the will by a beneficiary or another party. Additionally, be aware that the estate will be responsible for appraisal costs and executor’s fees and filing fees to have your probate properly filed. Meeting with a qualified estate planning attorney is essential in devising a plan that will help you avoid probate to the greatest extent possible.