Probate in Nevada achieves similar purposes in Canada; to wind down the financial affairs of the deceased, pay creditors and administration expenses, and clear title from the deceased’s name to living persons or entities. The major difference is the way Nevada law requires a probate to be handled.
A part of the process in Nevada is admitting the will to probate and confirming a “Personal Representative.” In many provinces a personal representative is known as an “executor.” If you are in Ontario, the individual is known as an “estate trustee.”
Like the provinces in Canada, Nevada has various levels of probate, some involving presentation of papers and other involving the court. If a probate is required (which usually is because of the existence of real property), below are the steps in the ordinary course in Nevada:
- Determining if a probate is required.
- If a probate is required, opening the probate and appoint a personal representative by filing opening papers with a Nevada Court.
- Publish notice to creditors to file claims, and address filed claims.
- Publish inventory and valuations of deceased property subject to Nevada probate, and account for the same.
- Close probate and distribute assets pursuant to court order.
Other matters typically involved in probating the estate of a Canadian that is not in the ordinary course is to sell real property, and possibly enforcing Canadian courts control over personal property such as bank accounts.
For more information on probate in Nevada see 55 Frequently Asked Questions About Probate click here.