Legal Question in Wills and Trusts in Nevada

Re: Death of Mother

Look at NRS 146.080 Estates not exceeding $20000. You should be able to do this yourself if in fact the value of her estate is under $20000. I believe the filing fee varies by county, anywhere from zero to $167. I don't know from the information provided whether there would be a Medicaid lein. If you are in Clark County and didn't want to do this yourself I would charge $400 plus filing fee for this procedure.

If the estate is worth more than $20,000 there is a different more complicated procedure which is less complex than the probate of bigger estates. If the estate is worth between $20,000 and $100,000 I would charge $800 plus the filing fee.

For other people reading this, the easy under $20,000 procedure does not apply to real estate. Timeshares based in Nevada count as real estate, so even if the timeshare is worth only a few thousand dollars, it has to be probated using the procedure for estates between $20,000 and $100,000.

Re: Death of Mother

As posted by other counsel, the first thing to determine is whether the total value of the assets held by your mother at the time of her death are less than $20,000. Secondly, if you are the heir entitled to the assets, and have properly noticed anyone else with an interest, you have laid the groundwork for the simplest post mortem property transfers possible in Nevada. Since your mom received government benefits, you would have to check in with appropriate state agencies to ensure they have no lien on her estate.

If those conditions are met, you do not even need to involve the court in disbursing the assets (that is, re-titling them in your name). NRS 146.080 provides for an affidavit that can be presented to the DMV and to the bank holding her account, and it does not have to be accompanied by a court order. There are certain date compliance issues and the affidavit must contain all the details outlined in the statute, but it is a simple matter to get done. It does not involve court filing fees, unless one of the assets is located in a state that requires a court order for it to be released. No notices have to published in the newspaper, either, and you simply walk into the bank (or DMV) with the affidavit and a death certificate, and it will be honored.

My firm has done many of these affidavits, and so long as they contain all the required information, they completely avoid any formal probate or further effort and expense.