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Understanding Probate Law

Our Lawyer Provide the Highest Quality Probate Services

The attorney at Tyrell Law, PLLC can explain what first makes a will valid.  At a minimum, a will is required to:

  • Clearly state that this is the will of the person who wrote it
  • Include at least one substantive provision, such as a clause leaving some property to someone or appointing a personal guardian for a minor child
  • Appoint an executor also called a personal representative as the person responsible for carrying out the terms of the will when the time comes

Understanding Probate Law

The next step is to clarify probate laws.  At its most basic level, the legal process of probate is the transfer of property of the deceased to his or her beneficiaries according to the will.  In the absence of a valid will, the laws of intestate succession dictate the transfer.

Once a person dies, our probate law attorney assist you in carrying out the probate process to:

  • Distribute your loved one’s property
  • Present the will in court to prove its genuineness
  • Present the death certificate
  • Pay the fees required to review the will
  • Appoint a personal representative, executor, or estate administrator to be responsible to handle the will
  • Determine which assets do not go through probate

To prove a will’s genuineness, you need to show that the deceased was in sound mind and was not under any sort of pressure or the victim of any foul play.

Ways to Avoid Probate

Our attorney can also help you ensure that either all or some of your property passes directly to your heirs without going through probate court.  To do so, we use the following means:

  • Create a revocable living trust—After your death, the trust property is not part of your estate for probate purposes
  • Pay-on-death accounts and registrations—Convert your bank accounts and retirement accounts
  • Joint ownership of property—When one of the owners dies, the property goes to the other joint-owner
  • Gifts—Give assets away—because if you do not own them when you die, the property does not have to go through probate

Contact Us

If you need advice in understanding probate laws and process, contact Tyrell Law, PLLC today.  We also represent clients in Boulder City and Henderson.

Our Office
  • Henderson Office
    1700 W. Horizon Ridge Parkway
    Suite 206
    Henderson, Nevada 89012
    Phone: 702-382-2210
    Fax: 702-382-9242
  • Awards
    • 2023 AV Rated by Martindale Hubbell
    • 2023 Gold Client Champion
    • NELF Elder Law Certification
    • Elder Care Matters