A Clear Explanation of Ancillary Probate in Nevada

Transcript:

Hello. My name is Jonathan Barlow. I am a probate attorney at Clear Counsel Law Group.

Today we’re going to talk about what’s called ancillary probate.¬†Ancillary is kind of another word for a secondary probate.

Let me explain what it means in more practical terms.

If you have someone who dies and they were a resident of the state of Nevada, and they have assets that require it to go through the probate process in Nevada, Nevada will be what’s called the home probate or the main probate.

Ancillary probate is a probate that would have to take place in another state.

Again, if the person died in Nevada as a Nevada resident but they owned land or real property of some sort in another state, say Texas or Arizona, Ohio, some other state where they owned real property, in addition to the Nevada probate process that you may have to go through, in order to take care of that land in the other state, you will have to do the ancillary probate process in those other states.

Now, I’m not licensed to practice law in any of those other states. I can’t advise you about what would happen in those other states.

Needless-to-say, if mom or dad die as a Nevada resident and they own property in another state, you’re going to need to talk to another attorney in another state to help you with the ancillary probate process in those other states.

It’s unfortunate because you’ll have to have possibly two attorneys, never-the-less, necessary in order to take care of that property in that other state.

 

How Ancillary Probate Works in Nevada

Now let’s flip that on the head for a little more detail. Let’s say somebody died in another state. They died as a resident of Ohio, or they died as a resident of Texas, and they had real property interests in Nevada.

Real property is land, such as vacant land, a house, commercial building.

Importantly, and often what we see is a timeshare interest in Nevada with a lot of timeshares here in the Las Vegas area. Ohio resident dies owning real property, such as a timeshare, in Las Vegas.

The only way to transfer that real property in Nevada is to open a probate proceeding here in Nevada. In essence we’re doing an ancillary probate proceeding in Nevada.

 

ancillary probate in Nevada

 

I say in essence because Nevada law actually for the ancillary process is no different than it is for a regular Nevada resident.

Whereas, some states other states have different probate laws, such as there’s the probate laws for their home probate when the home resident dies and has to go through the process there and when a nonresident has to go through.

They have different sets of laws and different procedures, and they actually kind of make the ancillary proceeding a little more streamlined. Nevada, for whatever reason, hasn’t chosen to do that. If you have a need for an ancillary proceeding in Nevada, you’re going to have to file the exact same things as would a person for a Nevada resident who had died here as a Nevada resident.

What that means is we’ll have to do the same analysis of, what is the property worth? That’s going to tell us what level of probate proceeding we have to go through in Nevada.

From there, again, we file the exact same filings as you would for other probate proceedings in Nevada.

 

Clear Counsel Will Help You With the Stress of an Ancillary Probate

The good thing about that is that we’ve done hundreds and hundreds of these probate proceedings. We’re very well versed in those different levels of probate and can make it very easy for you to deal with those ancillary probate issues in Nevada.

We’ll be able to get you that real property transferred, or get you to a position that you can sell it as part of the probate process quickly, easily, and expertly. It’s what we do every day, all day.

If you’re in a situation where mom or dad have died in Florida, or New York and they had bought some retirement property here in Nevada, or they bought that vacation timeshare interest that they wish they had never bought, but you want to get the money out of it and you got to go through the probate process in Nevada, give us a call.

We’ll help you walk through all the steps to take care of the ancillary proceeding here in Nevada, that secondary proceeding that you need to go through in Nevada, and get you through that process as quickly and easily as possible using our expert advice in that regard.

Give us a call here at Clear Counsel Law Group and we’ll be glad to help you with any probate issues you might have, including ancillary proceedings in the state of Nevada.

 

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