The Nevada Set Aside Petition Testate is a legal process that permits a decedent's estate to be distributed according to a will or trust, even if the decedent died intestate (without a will or trust). If the estate passes through probate, the Nevada Set Aside Petition Testate allows the court to authorize a distribution of assets without having to go through the lengthy and expensive process of probate. There are two types of Nevada Set Aside Petition Testate: a set aside of an informal will and a set aside of a trust. In both cases, the petitioner must prove to the court that the decedent intended to create the will or trust and that the assets should be distributed according to the decedent's wishes. If the court agrees, the assets are then distributed according to the will or trust.
Nevada Set Aside Petition Testate
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FAQ
Nevada has a simplified probate proceeding for small estates, known as a ?Set Aside.? A Set Aside foregoes many of the formalities of a normal probate proceeding, which makes the process much quicker and simpler. Most Set Aside proceedings can be done 4-6 weeks, as opposed to 6-9 months for a normal probate proceeding.
(NRS 146.070.) The "set aside" process can begin 30 days after the decedent's death and requires mailed notice to the decedent's heirs, devisees, and creditors. The "set aside" process does require a court hearing, but generally requires fewer hearings than the probate administration processes of larger estates.
How Long Do You Have to File Probate After a Death in Nevada? The will must be filed with the court within 30 days of the person's death even if a petition to file probate is not submitted at the same time. There is no deadline or statute of limitations to file probate in Nevada.
A simplified probate procedure for small estates in Nevada is available if the gross value of the estate is less than $300,000 if the court approves. Simplified probate is also available if the estate's value is not exceeding $100,000.
The Nevada Set Aside is a shortened process that eliminates the need to go through a formal probate procedure. There is no need for the court to appoint a legal personal representative for the estate and you do not need to go through multiple court hearings. The purpose of the Set Aside is to protect families.
A person who dies without a will has died ?intestate?, and his or her estate will be administered by a court-appointed administrator, and that person's assets pass to his or her heirs, who are those designated under state law to inherit the estate.