Legal Question in Wills and Trusts in Nevada

probate/will

my grandfather died without a will what happens next

Asked on 4/21/09, 5:03 am

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield
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Re: probate/will

It all depends on the type and nature of property he left. If there is property that has a title and does not pass outside probate it will be necessary to do a probate. Examples would include a house or other real estate he owned in his sole name, a brokerage or bank account in his sole name with no payable on death provisions, etc. Other property properly passes outside of probate. Examples include real estate held in joint tenancy and one of the joint tenants is still alive, life insurance proceeds, bank or brokerage accounts with payable on death provisions, property in a trust.

There is also property that should be probated but often isn't. For example, personal property such as tools, a coin collection, guns, and furniture may simply be distributed among the family.

Assuming that there is a probate opened, the property will be distributed according to the rules set up by the legislature for distributing the property of a person who dies without a will. These are called the law of intestate succession. In a nutshell, if your grandfather died while single the property goes to his descendants.

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4/21/09, 12:16 pm

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