By Brian P. Nestor
When a loved one dies, the last thing the family wants is to end up in court. Unfortunately, too many families end up in court because their loved one did not have a proper estate plan. People often fail to have a proper estate plan due to the misconception that estate planning is only for the wealthy. Quite the opposite is true: estate planning is for everyone.
For example, if a decedent’s estate holds Nevada real property, Nevada law requires the property to pass through probate. Generally, probate is the process where a court administers a deceased person’s assets after death. The court relies on NRS 133 (Wills) and 134 (Succession), not the family, to determine who receives the assets and how much each person receives, after the payment of administrative fees and costs and to valid creditors. Moreover, probate involves tasks such as attending hearings, notifying creditors, and inventorying assets, which require significant expense. Probate is a public process as well. Thus, probate should be avoided whenever possible.
The good news is that probate may be avoided with proper estate planning. Continuing with the example above, if a person owns Nevada real property and places the property into a trust, when the person dies, the property remains in trust and is administered as instructed under the trust, without probate. Trust administration without court involvement is a private process and can result in significant savings to the decedent’s trust estate. A trust also allows a person to determine the trust beneficiaries, such as a relative, friend, charity, or even a pro bono service provider. Furthermore, a cleverly drafted trust may control what assets (or amounts) beneficiaries receive, the age when they receive them, and how they may use them. Thus, a trust offers a way to avoid probate as well as determine how trust assets will be administered.
In sum, with proper estate planning, planning ahead can assist in avoiding probate all together. If you are an estate planning attorney interested in ensuring families have the proper estate plan, there are several pro bono opportunities from ask-a-lawyer sessions to assisting with will and deed preparation. Furthermore, Goldsmith & Guymon, P.C. accepts pro bono estate planning cases as no estate is too small to assist in avoiding probate.
About the author
Brian P. Nestor is an associate attorney at Goldsmith & Guymon, P.C. He is a proud graduate of Pepperdine School of Law, the Straus Institute for Dispute Resolution, UNLV Honors College, and Faith Lutheran.
Community Outreach
Pro Bono Project Opportunities for Nevada Lawyers
Legal Aid Center of Southern Nevada is the agency of last resort for many low-income individuals and families who face critical legal problems that affect their basic needs.
Nevada lawyers are needed to volunteer to help with the:
- Pro Bono Project
- Partner in Pro Bono Program
- Ask-A-Lawyer Program
- Federal Pro Bono Program
- Education Advocate Program
- Interpreter Program
Lawyers can sign up at https://www.lacsnprobono.org/.
About the article
This article was originally published in the Communiqué (May 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-may-2025/. The printed magazine was mailed to CCBA members on April 30, 2025.
The articles and advertisements appearing in Communiqué magazine do not necessarily reflect the opinion of the CCBA, the CCBA Publications Committee, the editorial board, or the other authors. All legal and other issues discussed are not for the purpose of answering specific legal questions. Attorneys and others are strongly advised to independently research all issues.
© 2025 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.