What are Letters Testamentary in Nevada?  

Understanding Letters Testamentary in Las Vegas

In Nevada, where a person passes away, the Executor of the Estate in the Will is expected to immediately file for a Letters Testamentary. The premise behind doing this is to officialize their legal standing as Executor of the Estate and all that comes along with it. This should occur relatively soon after the Nevada resident has died to ensure the will is executed correctly. Upon death, the Las Vegas individual’s assets (stocks, properties, bonds) cannot be traded and/or sold because all relevant transactions are ceased. The only time a person can act on these particular decisions is with a legal Power of Attorney, which empowers them to take these actions. A person with the Power of Attorney can also be Executor of the Estate.

Defining Letters Testamentary

Letters Testamentary in Las Vegas Courts refers to a legal document offered by the probate court to determine a person’s authority as the Executor. This individual requires the document to make decisions on behalf of the deceased when it comes to their debts, bills, accounts, relevant assets, possible lawsuits, investment accounts, and expected distribution of assets to the heirs. Each action can only be completed when the person has this particular document in hand and the court has approved how the assets will be distributed.

Filing for Letters Testamentary

In general, the filing should take place within the first month. To prove the person has officially passed away, the probate demands a certified death certificate and a copy of the will before authorizing anything. This is expected to occur where the deceased was legally residing at the time of their death. Once the process is initiated, it’s necessary to legally file a petition with the probate court to gain Letters Testamentary as ordained by the law. From this point forward, the probate court will list a hearing for the verification process, which determines whether or not the Executor can fulfill their expected duties. It’s important to note the document will not be given to someone that has been convicted in the court of law as the Executor needs to be someone that doesn’t have a criminal background and is sound of mind. If the probate court is content with the listed documents, they will issue a Letters Testamentary and give the Executor legal rights to move forward with settling the estate.

Becoming Executor

When a person’s assets total $100,000+, the estate will require some sort of legal representation in the form of an Executor. This Executor can be legally named by the probate court to settle the estate. In Nevada, the probate court offers a simple list of steps for processing smaller estates and will appoint an Executor with a Letters Testamentary.

When it comes time to pinpoint how much the estate is valued at, additional assets such as life insurance payouts, joint accounts (with a survivor), trust assets, and/or retirement accounts will not be included in the valuation. The Executor is expected to adhere to state and federal regulations when it comes to settling the estate and cannot put personal interests ahead of the process. The probate court will also mention whether or not the Executor can move forward without bond. The premise behind a bond is to safeguard the heir’s interests to avoid incorrect decisions being made by the Executor. It’s important to note, a person that is legally named Executor doesn’t mean the assets can be titled to your name unless you are a qualified heir. In general, the Executor is only given a set fee for their work.

Filing Application for Letters Testamentary

When it is time to apply for Letters Testamentary, the probate court will ask for a detailed statement highlight all relevant assets, listed debts, and other details that hold importance for the estate. It’s also necessary to ensure all family members are listed on the application including anyone that was estranged to the deceased. A good example of this would be listing the individual’s spouse, children, parents (if alive), siblings, and/or grandchildren.

Once the application is filled out, the probate court is also going to require an official death certified issued by the health department. This is required to verify the time of death as listed by the death certificate. The will is also required as a formal document, but it can also be provided as a simple document written by the deceased. Some situations will allow for the use of an electronic will as long as all criteria are met.

Consult with a Probate Attorney

Due to the complications associated with Nevada probate courts for prospective Executors, it’s highly recommended to seek legal assistance with the help of an experienced Las Vegas probate attorney. This will ensure all probate rules and regulations are taken into account during the process. Otherwise, simple legal mistakes can lead to a drawn-out process, which is not only time-consuming but also challenging to overcome. In general, the legal process is designed for a legal professional to manage this process as the self-help center doesn’t offer comprehensive assistance for Executors. When the process is ongoing, it is going to involve multiple hearings in probate court, filings, legal documents, and other relevant activities that have to be handled in line with Nevada law.

For those listed as the Executor of an Estate, it’s important to focus on the duties involved in the process. By having legal assistance every step of the way, this will ensure the process is as simple as it needs to be.

With years of professional experience in probate law, The Law Office of Roger A. Giuliani, P.C. is a world-class option for managing probate, trusts, estate planning, real estate, and guardianship in the state of Nevada.

The Law Office of Roger A. Giuliani, P.C. has become an accredited law firm and is the ultimate option for all estate planning requirements. Please note, The Law Office of Roger A. Giuliani, P.C. offers this information for educational purposes and this should not be held as legal advice pertaining to the listed facts. This information is designed to offer insight into the general processes associated with Nevada law and it’s important these laws can change at any given time. Make sure to reach out to a professional attorney in your state for your particular case. Please note, reading through this information doesn’t officialize an attorney-client relationship.

If you need help in this area of the law give us a call at (702) 221-1955, send us an email on our contact form, or simply stop by our office to set  up an appointment, we can be reached here:

The Law Office of Roger A. Giuliani, P.C.

500 N Rainbow Blvd #300, Las Vegas, NV 89107

(702) 221-1955

 

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