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What can cause a delay in probating my estate?

On Behalf of | Jan 26, 2023 | Probates & Trusts

When you pass away, your estate will have to go through probate. Basically, this is the process of winding up your estate and distributing your assets according to the stipulations in your will or Nevada intestacy laws if died without a will.

Probate is generally a time-consuming process. This explains why most people try to avoid it in the first place. But what can delay the process of probating your Nevada estate?

Problems that can delay the probate process

The first step in initiating probate involves identifying your will’s executor. This individual is responsible for signing and filing the relevant documents with the court. Getting the court’s node to carry on with probate can take weeks depending on the court’s schedule. Besides this, however, here are other factors that can lengthen the process of probating your estate:

Family delays – the executor needs to collect signed and notarized documents from your designated heirs and other family members. A delay in obtaining these documents can take time, especially if a disinherited party is unwilling to cooperate.

Creditor claim period – According to Nevada statute, creditors have up to 90 days to file a claim if the decedent’s estate is worth $200,000 or more. Thus, the executor must wait until this time period has lapsed before they can close your estate.

Will contests – If someone contests your will, the entire probate process will be put on hold until the matter is resolved. Depending on the complexity of the matter and the court’s schedule, this can take years.

Getting things right

How long the process of probating your estate will take is a genuine concern. While each probate process is unique, knowing your legal options during the estate planning process can help you avoid situations that can delay or eliminate probate altogether.