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How Does Property Pass at Death

If someone close to you has passed away, you may wonder where their assets go when they die. The way the property of a deceased person will end up in the hands of the living will depend on the type of property the decedent owned.

Not all property passes through probate upon death. In fact, there are five (5) major types of property that an individual owns upon death (called "estate property"), and only one (1) of them (i.e., "solely-owned property" aka property owned in the deceased's name alone) actually passes through probate.


Property owned
as joint tenants with right of
survivorship
(JTWROS)
passes
directly to the surviving
joint owner(s) upon the
death of an owner.
 

Property held in
a living trust
passes directly
to the 
beneficiaries
designated
under the
trust
instrument.

Solely-Owned
property passes
to beneficiaries
designated
under a will
or, if there is
no will, under
the laws of
intestacy.

Death benefits
payable under
an annuity or
life insurance
policy pass
directly to the
beneficiaries
designated
under the
annuity contract
or insurance
policy.
 

Death benefits
payable under
retirement plans
(including IRAs)
pass directly to
the beneficiaries
designated under
the retirement
plan.
Non-Probate
Property
Non-Probate
Property
Probate
Property
Non-Probate
Property
Non-Probate
Property
 
 
Example 2

Click here to read about probate.

Due to the plethora of laws and individuals involved in a Nevada probate process, it it is best to hire an experienced attorney to assist with the court process. In most instances, attorneys fees are paid by the estate, meaning you will not have to spend your own money to handle a deceased individual's probate in Nevada.

Stovall and Associates has been in Las Vegas for over four decades and has handled thousands of probate cases.

Contact us today for a free consultation.

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Still unsure if we're the right option? No worries. Give us a call to set up a free consultation. We'll take a look at your case and tell you what we think your best options are. If that includes hiring us, great. If not, we'll use our extensive knowledge of the legal community to set you up with an attorney who gives you the best chance to win.

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