About Dale A. Hayes Jr.
Dale A. Hayes Jr. is a probate and estate attorney at Hayes Wakayama in Las Vegas with over 20 years of experience handling Nevada probate proceedings, trust administration, and estate disputes. He was admitted to the Nevada bar in 2004 after graduating from UNLV William S. Boyd School of Law.
Practice Overview: Probate in Nevada
Nevada probate is the court-supervised process of administering a deceased person's estate under NRS Chapters 136–155. In Clark County, probate cases are filed in the Eighth Judicial District Court (Regional Justice Center, 200 Lewis Ave, Las Vegas). Formal probate is required when the decedent owned property in their name alone exceeding $300,000, or real property exceeding $100,000. An administrator or executor (personal representative) is appointed to gather assets, pay debts, and distribute the estate. Nevada probate typically takes 6–18 months for a standard estate, longer for contested matters or complex assets.
Frequently Asked Questions
How long does Nevada probate take?
Uncontested Nevada probate typically takes 6–9 months for a straightforward estate. Complex estates with multiple real properties, business interests, disputed debts, or will contests may take 12–18 months or longer. The process includes: filing the petition, publishing notice to creditors (4 weeks), a creditor claim period (90 days from appointment), inventorying assets, paying debts, filing an accounting, and distributing remaining assets to beneficiaries.
What is a small estate in Nevada, and can I avoid probate?
Nevada's simplified Small Estate Affidavit (NRS 146.080) allows heirs to collect personal property (excluding real estate) from a decedent's estate without formal probate, provided the total gross value of all personal property in Nevada does not exceed $100,000. For real property, a simplified petition procedure is available for estates under $100,000. A probate attorney can advise on whether your situation qualifies for these expedited procedures.
What happens if someone dies without a will in Nevada?
If a Nevada resident dies without a valid will (intestate), their estate is distributed according to Nevada's intestacy statutes (NRS 134). Generally: a surviving spouse receives all community property and a share of separate property; children share the remaining separate property. Nevada is a community property state — property acquired during marriage is generally split equally. An attorney can help navigate intestacy and ensure proper court appointment of an administrator.
How do I contest a will in Nevada?
A will contest (NRS 137.010) must be filed in the Clark County Eighth Judicial District Court within 90 days after the will is admitted to probate. Grounds include: lack of testamentary capacity (the decedent didn't understand the nature of the act), undue influence, fraud, or improper execution (failure to follow NRS 133.050 formalities). Will contests are complex — an experienced probate attorney is essential to evaluate your grounds and meet the strict filing deadline.
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