Clark County Probate vs. Nye County Probate

Henderson, Las Vegas, and Pahrump families are often not equipped for the probate process and its intricacies, especially while grieving the loss of a loved one.  Probate includes strict filing deadlines, court hearings, and detailed paperwork.  If those left behind have differing opinions or understandings of what should happen with assets, how debts should be paid, or even what certain assets are worth, matters can become even more stressful as litigation intensifies.  

Often, clients who have a probate matter for someone who lived in or owned property in Pahrump turn to a Las Vegas Probate Attorney to handle these matters.  Because Pahrump is in a separate county, Nye County, the probate is handled by a different court.  Many attorneys will tell you that the court in Clark County can handle these probate matters, which technically is true.  What they won’t tell you is how resistant the Courts in Clark County are to handle Nye County probates (and vice versa!) and how they can insist that the probates be filed in the respective counties where the deceased person resided or owned property.

When you have a Nye County probate, it’s important that you work with a firm that has a location in Nye County.  Why?  Nye County is unique because it requires paper filing.  There is no electronic filing.  This means that all of the Court pleadings, documents, etc. must be provided in hard copy form.  Clark County attorneys who are not familiar with this process and the other idiosyncrasies that come with practicing in a small county like Nye, may not realize the importance of following the procedures set out in Nye County courts.

What does this mean to clients and their families?

Often there are delays because the attorney is inexperienced in practicing in front of the Nye County judges.  Delays mean additional expenses, both in attorney fees and costs, as well as maintaining the real estate or other assets owned by the deceased person.  All these expenses have one thing in common- they fall back on the beneficiaries.  

In Nye County, typically your case will go in front of one of two Fifth Judicial District judges.  Our attorneys have well over a decade of experience appearing in the Nye County Probate Court and working with both judges and their staff.  They understand the unique nature of practicing law in Nye County and are prepared to make sure the process is seamless.  In fact, often, the judges will compliment and comment on how quickly our law firm gets things filed and through the Court process, which benefits not only the Courts, but most importantly, the beneficiaries!  

Another unique issue to practicing law in Nye County is the potential loss of assets during the probate process.  Because of the county rules and regulations, it’s necessary to safeguard the deceased person’s estate, assets and property immediately- and because we have a firm located in Nye County, that is something we can quickly and easily assist with.  Best of all?  You won’t end up paying expensive fees for your attorney or their staff to travel to and from Nye County from Clark County as part of the attorney fees, because we have an office right in the heart of Pahrump, ready and able to assist you with all your probate needs.  No other Pahrump firm offers only estate planning, probate and asset protection services, and no other firm offers the level of detail and expertise you find with David Bindrup Law Firm.

Probate is the court process to address these and other concerns.  The court supervises the process of identifying assets, sorting them through and determining what debts need to be paid (surprisingly, not all debts may need to be paid!) and distributing the remaining assets to those left behind.  Probate ensures that estates are properly managed and distributed, but the process itself can be filled with heartache, complication, and takes a significant amount of time, especially if all of the requirements are not strictly followed.  Relying on an experienced legal team to guide you through these trying times can bring you and your loved one’s peace, clarity and support.

Typically, this work starts with hiring a reliable, trustworthy Pahrump, Henderson or Las Vegas probate attorney who can help you understand the law through each step of the probate process.  

That’s where Henderson, Las Vegas, and Pahrump families can rely on the David Bindrup Law Firm.  Because we have decades of experience in handling Nevada probate cases, our team provides the trusted guidance families need.  This expertise helps make the experience as efficient, cost-effective and quick as possible as we navigate what seems like an impossible task and close the probate so your family can move on with their lives.

No matter who you choose to act as your attorney through the probate process, many of the steps remain the same because they are based on state law.  Those steps typically include:

  • Understanding who has priority to serve as the executor or personal representative of the deceased person’s estate.
  • Drafting the necessary legal paperwork to open probate.
  • Reviewing the deceased person’s estate planning documents (wills, trusts, etc.) to determine what their wishes were and ensure the documents are legally valid.
  • Appearing in Court in front of the judge to confirm that the pleadings (legal papers) filed were correctly done and everyone who is entitled to has a voice in the process.
  • Gathering the estate assets and safeguarding those assets through the probate process.
  • Determining what debts the deceased person owes, and what debts must be paid (including what debts can legally be avoided, where applicable!)
  • Ensuring the final tax returns for both the deceased person and their estate are properly filed, so that no remaining tax liability exists for the beneficiaries.
  • Working through potential issues that arise throughout the probate process- questions on valuing assets, disputes among family members, timing concerns, etc.
  • Closing out the probate so that all of the necessary paperwork is filed, the personal representative is cleared of all responsibility, and everything is properly finalized.

 

Relying on trustworthy legal counsel means that your family can focus on what really matters during a difficult time like probate- helping each other through the grief process while honoring the memory of the deceased person.

Locations

Henderson Office

10424 S. Eastern Ave., Ste. 101
Henderson, NV 89052

Las Vegas Office

9030 W. Cheyenne Ave., Ste. 210
Las Vegas, NV 89129

Pahrump Office

1321 S. Hwy 160, Ste. 8A
Pahrump, NV 89048

Phone

702.465.0888

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