Posted December 27, 2021 in Real Estate Advice,Real Estate Terms
Many people are unfamiliar with the term probate. Probate is simply the process county courts go through to execute a person’s will after they die. Usually, it consists of selling the person’s items or transferring them to the estate which will be divided up among the heirs. Though this sounds like a simple process, it can get complicated when there is a contested will or no will at all. If you are dealing with probate in Sun City Anthem, below is a more detailed explanation of what is probate.
Probate only occurs once someone dies. No matter what condition a person is in, probate will not start until there is a death certificate. Depending on the county the deceased person was residing at the time of their death, probate will start a couple of weeks or a couple of months after a person is deceased. If you are involved in probate in Sun City Anthem, it will most likely be about two or three months before the first court hearing.
The first step of probate in Sun City Anthem is filing a petition to begin probate. As situations differ in many probate cases, the best way to begin this step is to contact Clark County (the county Sun City Anthem is located in) to find out what exactly you need to file for probate. The probate department of Clark County’s phone number is 702-455-2650. The first question they may ask you is if there is a will. If there is no will, the court will assign an administrator to handle the probate process. If there is a will, there will be an executor who will be the one to handle the probate process. All of the person’s assets will be transferred to the estate unless they are claimed within a certain time period. This time period varies and may be one of the questions you should ask when you contact Clark County’s probate department.
If there is a will, the executor will be the one to follow the instructions that the deceased left behind in how to settle the estate. This will involve contacting creditors for payoff statements, hiring an experienced real estate agent to sell the house in probate in Sun City Anthem, and other similar tasks. Once everything is paid off and specified items are sold, the estate will be disbursed to the heirs based on the will’s instructions.
If there isn’t a will, someone will file for probate. Once probate is filed, the probate court in Clark County will choose an administrator. This administrator will act as an executor and do the tasks needed to complete the probate process. Once all the items are sold, the court will manage how the estate is distributed.
Depending on the situation, the executor or administrator may have to hire an attorney by law that will work for the estate. This attorney will be paid based on an amount set by the state. The attorney will handle the legal obligations left behind by the diseased and will make sure the will is being carried out to the letter. They will also represent the estate in the probate court.
It really depends on how much the diseased left behind if they had debt if they had a will if those they left behind won’t cooperate, and many more factors. If a probate case in Sun City Anthem is straightforward, the entire process can take 18 months or less. If there are complications, it can take several years before the probate case ends.
If you are looking to hire an experienced probate real estate agent in Sun City Anthem, contact Nevada Desert Realty at 702-509-1446 for a free consultation!
