Detailed Answer
In Nevada, you can administer an estate through informal (sometimes called common) probate or formal (sometimes called solemn) probate. Both routes transfer assets, pay debts, and distribute property, but they differ in procedure, court involvement, cost, and timing.
Informal Probate
- When it applies: Small estates or uncontested cases where heirs agree on distributions.
- Filing and notices: The personal representative files a petition, posts notices to creditors, and publishes notice to unknown creditors. See NRS 137.025 and NRS 137.050.
- Court hearings: Typically no formal hearing unless a dispute arises. The judge signs orders on submitted paperwork.
- Timeline: Faster—often 60 to 120 days after filing, barring creditor claims.
- Cost: Lower filing and attorney fees due to limited court appearances.
- Oversight: Minimal judicial oversight unless an heir or creditor contests.
Formal Probate
- When it applies: Complex estates, disputed wills, or when the personal representative seeks court guidance.
- Filing and notices: The petitioner files a formal petition under NRS 145.010. All interested parties receive notice, and objections may be filed.
- Court hearings: The court holds one or more hearings. Witnesses may be examined under oath.
- Timeline: Longer—often six months or more, depending on disputes and court scheduling.
- Cost: Higher due to extended attorney involvement and multiple court appearances.
- Oversight: Greater judicial oversight. The court approves each major step, such as accountings and asset sales.
Key Differences at a Glance
| Feature | Informal Probate | Formal Probate |
|---|---|---|
| Contests | Rare; disputes may convert to formal | Built for challenges |
| Speed | Generally faster | Generally slower |
| Cost | Lower | Higher |
| Judicial involvement | Minimal | Extensive |
Helpful Hints
- Review the will early. Early review can guide whether informal probate is viable.
- Notify known heirs. Clear communication minimizes disputes.
- Track deadlines. Nevada law sets strict timeframes for creditor claims (NRS 146.080).
- Compare fees. Ask your attorney for a fee estimate for both routes.
- Consider mediation. It can resolve conflicts without fully formalizing probate.
Disclaimer: This article provides general information under Nevada law. It does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.