Whether this is a gift or advancement against your inheritance depends on what the will, if there is one, says. Under Nevada law, this would be a gift unless the will says otherwise.
Who has to be notified about a probate case in Nevada?
The heirs, devisees (people receiving gifts under the will), next of kin, known creditors, and the Department of Welfare must be notified about the probate. These must receive notice even if there is a will that disinherits them, because they must be given an opportunity to contest the validity of the will. For next of kin and heirs, the second degree of consanguinity is required (grandparents, parents, siblings, children, and grandchildren).
Will probate stop a foreclosure sale?
Probate does not automatically stop a foreclosure in Nevada.
However, there are circumstances where a foreclosure can be stopped while the probate is pending. One method involves filing a petition in civil (non-probate) court. This should not be handled without an attorney because there are complex legal arguments required, but this is usually successful.
These methods will allow the executor to sell the property for a higher price than a foreclosure sale would bring, which benefits the estate, as well as correct errors in the payment history that often occur during a person's last illness.
Clark County Probate Court Approved List
If your matter appears on the Clark County Probate Court approved list, this means the judge is granting the request in the petition. A court order signed by the judge will be provided on Friday or the following week after the hearing. It also means the matter has not been objected to in writing, but in some cases, an objection may be made in person during the Friday court session.
The approved list is updated daily during the week of the hearing, and is available at link.
Going to probate court in Clark County
I received a Notice of Hearing in Clark County Probate Case
If you receive a Notice of Hearing for a case in Clark County Nevada, it will state the date and time to appear in court if you have an objection. If the petition is to open a case, usually called something like Petition to Admit Will and Appoint Executor, or Petition to Probate Estate and Appoint Personal Representative, you can object verbally in court on the appointed date and time.
If the Petition is not the first filing in the case (for example, for the sale of property, or for an accounting), the objection must be in writing, filed with the court ten days after the petition was filed, and a copy mailed to everyone involved in the case. Then you must appear in court on the appointed date in the Notice of Hearing to discuss the matter with the judge and other parties.
Failure to object at the appropriate time usually means your right to object is forever barred, unless you can show a very good reason why you did not object on time.
What time is probate court today in Las Vegas?
The probate court in Clark County only holds hearings on Friday mornings at 9:30 am. It conducts all court business during this session, in this order: Matters which have been moved to a new date, matters which are approved unless an oral objection is made, matters which were contested but which the parties have resolved, sales of real estate, and all other matters that are contested. It can take two to three hours to complete all court business.
Because of the time involved in preparing for the cases, the court can only hear about 150 cases per week. This means that it can usually take about four to six weeks to get a hearing date.
If you are filing a probate case without a lawyer, it is important to watch your email inbox on the Tuesday and Wednesday prior to the hearing date. The court will contact you with information it needs to complete the filing, so that you can be approved on Friday. If you do not return the information on time, the court will move your hearing to the next available date in the future (four to six weeks) or may refuse to schedule your case at all. If you do not hear from the court, or you resolve the issues raised by the court, your matter will be placed on the approved list.
Do gifts during life count against my inheritance?
Unless the will or trust specifically states that a gift made by the deceased during his or her life will be subtracted from an heir’s share of the estate later, gifts during life do not count against the inheritance.
If a will or trust does state that it counts against the inheritance, this is called an “advancement.”
Will probate be necessary in another state?
If the deceased was a resident of Nevada, all of his personal property (including bank accounts) can be handled through a Nevada probate. If the deceased owned real estate in a different state, probate will be required in that state (if the property is not held in trust or if title was not shared with someone else who has rights of survivorship).
If an out of state resident has real estate in Nevada, a Nevada probate will be required for the Nevada property.
Who gets notified about the probate case in Nevada?
Nevada requires that documents from a probate case be mailed to certain family members, people named in a will or trust, certain creditors, and Nevada Medicaid.
Even if a person is excluded from the will, they must still be notified about the case. This is to allow them the opportunity to contest the validity of the will.
Failing to notify appropriate family members can jeopardize inheritances that are paid, if the person excluded comes back later for his rightful share. Therefore, while it is tempting in many families to exclude certain people to avoid problems, it is not legal and can cause more problems in the future.
The family that must be notified include those named in the will, plus living parents, children, siblings, and grandchildren over the age of fourteen.