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Dispelling The Myths About Probate

Last updated on July 5, 2023

Probate can seem like a murky topic, but it does not have to be. At Boyer Law Group, we help clients located in Nevada and outside the state understand the subject of estate administration, probate and related subjects. On this page, we have taken a moment to clarify some of the common misconceptions surrounding probate to help you differentiate myth from fact.

Myth: Families always fight over the will and other assets.

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Although death and money can bring out the worst in people, many families find themselves drawn together by probate, not ripped apart by it.

Myth: If the decedent left a will, the estate does not have to go through probate.

Even if a deceased person leaves behind a legally sound will, Nevada requires probate for all estates that involve real property and have assets worth more than $25,000 or $100,000 for surviving spouses. There is an abbreviated procedure for assets that were omitted from a trust

Myth: The government will get all the estate’s assets, anyway.

If someone dies without a will, the court does follow its laws of intestacy to determine how to distribute assets. However, probate fees are not exorbitant; usually, they take up less than 5% of the estate.

Myth: I do not need an attorney to handle probate.

One of the biggest misconceptions about probate is that it is a straightforward process that any executor or personal representative can handle themselves. Probate law is actually immensely complicated; if you do not have a lawyer to help you from the get-go, you stand to lose significant amounts of time and money due to avoidable errors or other roadblocks.

Ask Your Probate Questions In A Free Consultation

To learn more about myths related to probate, you can get in touch with Boyer Law Group. We can provide the clear, straightforward knowledge you need. Call our Las Vegas office at 702-255-2000 or send us an email to schedule a completely free initial consultation.

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