Probate & Estate Administration

Probate is the court-supervised process of settling a deceased person’s estate. It typically involves validating the will (if one exists), appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries.

In Nevada, probate is generally required if the deceased owned assets solely in their name worth more than $25,000 (or more than $100,000 if the sole beneficiary is a surviving spouse). In California, probate is required when the estate exceeds $184,500 in value, with some exceptions for assets that pass directly to beneficiaries via trusts, joint ownership, or beneficiary designations.

Even when probate isn’t required, other legal processes — such as small estate affidavits or trust administration — may still be necessary. At Handelin Law, we assess each situation to determine the fastest, most cost-effective way to settle the estate.

While probate involves court oversight, trust administration is typically a private process handled by the trustee named in the trust document. If the deceased person placed their assets in a properly funded trust during their lifetime, those assets can generally be distributed without going through probate.

That said, trust administration is not simply “automatic.” The trustee must:

Notify beneficiaries and heirs.

Gather and value trust assets.

Pay valid debts and taxes.

Distribute assets according to the trust’s terms.

Both Nevada and California hold trustees to strict fiduciary standards. Failure to follow the law or act in the best interests of beneficiaries can result in personal liability for the trustee. We guide trustees step-by-step to ensure compliance and avoid costly mistakes.

The timeline varies depending on the complexity of the estate, the types of assets involved, and whether disputes arise. In a straightforward Nevada or California probate case with no contests, the process may take 6–12 months. More complex cases — such as those involving business ownership, real estate in multiple states, or family disputes — can extend the process to 18 months or more.

Trust administration is usually faster since it avoids the court schedule, but it can still take several months to a year, especially if asset valuation, creditor claims, or tax filings are required. Our role is to streamline the process, anticipate roadblocks, and move your case forward as efficiently as possible.

When a person dies without a will — called dying intestate — Nevada or California’s intestate succession laws determine who inherits the estate. These laws follow a strict order of priority, starting with the surviving spouse and children, then moving to parents, siblings, and other relatives.

This can result in outcomes the deceased may not have intended. For example, unmarried partners, stepchildren, and close friends are not entitled to inherit under intestate laws unless they are named in a valid will or trust. Without a will, the court also decides who will be appointed as administrator of the estate, which may not align with the family’s preferences.

By planning ahead with a will or trust, you can avoid unintended consequences and ensure your wishes are carried out.