Estate & Probate Attorneys — Henderson, NV
We're Here to Help Your Family Through Every Chapter
Whether you’re grieving the loss of a loved one, raising a young family, or planning the legacy you’ve worked a lifetime to build — our estate attorneys are beside you every step of the way.
- Henderson & Clark County
- Free Initial Consultation
- Nevada-Licensed Attorneys
30+
Years Combined Experience
$0
Cost to Initial Consult
100s
Of Families Helped
| For Families in Grief
Navigating Probate After Losing Someone You Love
Losing a parent, spouse, or sibling is already one of life’s hardest moments. The last thing your family should be doing is navigating complex legal processes alone. Our Henderson probate attorneys are here to carry that burden for you.
What Is Probate in Nevada?
Probate is the court-supervised legal process that validates a deceased person’s will and oversees the distribution of their estate. In Nevada, most estates that hold titled assets — such as a home, bank accounts, or investments solely in the decedent’s name — must pass through probate before heirs can receive them.
Nevada courts require probate when the estate’s gross value exceeds $25,000. Estates under this threshold may qualify for a simplified affidavit process, avoiding full probate court entirely.
If your loved one passed away without a will — known as dying “intestate” — Nevada’s intestacy laws determine who inherits. This often means the estate does not go to the people your loved one would have intended. Our attorneys can guide heirs through this process with clarity and care.
How Long Does Probate Take in Nevada?
Nevada probate timelines vary by estate complexity. A straightforward estate typically takes 4–6 months from filing to close. Contested wills, unclear debts, or missing heirs can extend the process to 12–18 months or longer. Our attorneys move efficiently to reduce delays and protect beneficiaries’ interests at every stage.
Probate Questions — Answered
When someone dies without a will in Nevada, they are said to have died “intestate.” Nevada’s intestate succession laws then determine who inherits. Generally, assets pass to the closest living relatives in a set legal order: first to a surviving spouse and children, then to parents, siblings, and so on. If your loved one had a domestic partner, unmarried partner, or wanted assets to go to a charity or close friend, those wishes cannot be honored without a valid will — which is one reason estate planning matters so much. Our attorneys can guide your family through intestate probate and ensure the process is handled correctly.
No — not all assets require probate. Assets that pass outside of probate include: property held in a living trust, accounts with designated beneficiaries (like life insurance, 401(k)s, and IRAs), jointly owned property with right of survivorship, and accounts designated as “payable on death” (POD) or “transfer on death” (TOD). Proper estate planning — including the use of trusts and beneficiary designations — can significantly reduce or eliminate the need for probate, saving your family time, money, and stress.
Probate costs in Nevada typically include court filing fees, executor compensation, attorney fees, and appraisal costs. Nevada law sets statutory guidelines for attorney and executor compensation based on a percentage of the estate’s gross value. For a $500,000 estate, total probate costs often range from 3–7% of the estate’s value. One of the most effective ways to reduce this is to establish a revocable living trust before death, which allows assets to transfer directly to beneficiaries without court involvement. We’re happy to discuss cost-saving strategies during your free consultation.
Yes. Executors — also called “personal representatives” in Nevada — have significant fiduciary duties. If an executor mishandles estate funds, fails to pay valid debts before distributing assets, or acts in self-interest, they can be personally liable to beneficiaries. This is why executors benefit greatly from legal guidance. Our attorneys advise executors through every step to ensure they are protected and the estate is administered properly.
In Nevada, there is a strict 90-day deadline to contest a will from the date you receive formal notice that the will has been admitted to probate. If you suspect fraud, undue influence, or that the person lacked mental capacity when signing the will, contact us immediately. Missing this deadline can permanently forfeit your right to challenge the will.
The Nevada Probate Process — Step by Step
File a Petition with the Court
We file the probate petition with Clark County District Court and submit the original will (if one exists) for validation by the court.
Appoint an Executor or Administrator
The court appoints the estate executor named in the will, or an administrator if no will exists. We advise executors on their full legal obligations.
Inventory & Appraise the Estate
All assets are catalogued and valued. We coordinate with appraisers and financial institutions to ensure nothing is overlooked or undervalued.
Pay Debts, Taxes & Expenses
Valid creditor claims are settled from estate funds. We review each claim and can challenge improper debts on the estate's behalf.
Distribute Assets to Heirs
Remaining assets are distributed to beneficiaries per the will or Nevada intestacy law. We ensure the transfer is legally documented and complete.
You don't have to navigate this alone.
Our Henderson probate attorneys are ready to answer your questions — with compassion, not complexity.
| For Young Families
Protect Your Children Before You Think You Need To
If you have children and don’t have a will, you’re leaving one of the most important decisions — who raises your kids — up to a judge who doesn’t know your family. Estate planning isn’t just for the wealthy or the elderly. It’s for every parent.
Who Will Raise Your Children If Something Happens to You?
Without a will that names a legal guardian, a Nevada court decides who raises your minor children. This could mean a family member you wouldn’t have chosen — or a lengthy court battle between relatives, while your children wait in uncertainty.
A valid will allows you to name your preferred guardian, an alternate guardian, and even specify preferences for how your children should be raised. This single document can be one of the most important gifts you give your family.
Wills vs. Trusts: What's Right for Your Family?
Most young families benefit from both: a will to name a guardian and a trust to manage assets until children are mature enough to inherit. Our attorneys help you find the right combination for your situation.
Estate Planning Questions for Young Families
The best time to start is when you have assets or dependents — whichever comes first. If you own a home, have a bank account, or have children, you need an estate plan. Many people assume estate planning is only for the elderly or wealthy, but the reality is that young parents have the most to lose if they die without a plan: their children’s futures are at stake. A basic will and guardian designation can be completed in one appointment and costs far less than most people expect.
You may nominate any competent adult as your children’s guardian in your will — including a sibling, grandparent, close friend, or even someone who does not currently live in Nevada. Nevada courts will generally honor your nominated guardian unless there is a compelling reason not to (e.g., the person is unfit or unwilling). Courts consider your nomination seriously but are not bound by it — which is why it’s important to also name an alternate guardian and potentially leave a letter of instruction explaining your choice. Our attorneys can advise you on how to make your guardian nomination as strong as possible.
Without a trust, if a minor child inherits assets in Nevada, the court will appoint a conservator to manage those assets until the child turns 18. At 18, the child receives the full inheritance outright — with no restrictions. For many families, leaving a substantial sum to an 18-year-old is not the ideal outcome. A testamentary trust (created within your will) or a standalone living trust allows you to set the age at which children receive funds — for example, a third at age 25, a third at 30, and the rest at 35 — along with provisions for education, healthcare, or other needs in the meantime.
Yes, and here’s why: “simple” situations can become complicated quickly. Without a will, even a small bank account or car can get tied up in probate if it’s solely in your name. A healthcare directive ensures your spouse — not a doctor or judge — makes medical decisions for you. And naming a guardian in writing is the only way to have a legal say in who raises your children. We’ve helped many young families complete a full foundational estate plan in a single, straightforward appointment. The peace of mind is worth far more than the cost.
We recommend reviewing your estate plan every 3–5 years or after any major life event — marriage, divorce, having another child, buying a home, starting a business, receiving an inheritance, or the death of a named beneficiary or guardian. Nevada law may also change in ways that affect your plan. At Dempsey, Roberts & Smith, we’re here for your family for the long term — not just the initial documents.
What Should a Young Family's Estate Plan Include?
Last Will & Testament
Names a guardian for minor children and directs who receives your assets.
Revocable Living Trust
Holds assets for children's benefit, managed by a trustee you choose, outside of probate.
Durable Power of Attorney
Appoints someone to manage your finances if you become incapacitated.
Healthcare Directive / Living Will
States your medical wishes if you cannot speak for yourself.
Beneficiary Designations
Ensures your life insurance, retirement accounts, and bank accounts reach the right people.
Testamentary Trust
Controls how and when children receive an inheritance (e.g., at age 25, not 18).
Give your family the protection they deserve.
A complete estate plan for a young family can often be completed in one consultation. Let’s get started today.
| For Seniors & Retirees
Protect the Legacy You've Spent a Lifetime Building
You’ve worked hard. You’ve saved, invested, and cared for others for decades. Now it’s time to make sure the wealth and wisdom you’ve accumulated reaches exactly who you intend — on your terms, with dignity.
Why Retirees Need More Than a Basic Will
As you enter retirement, your estate planning needs become more complex. You may now have real estate, retirement accounts, investment portfolios, and property you want to pass to multiple generations. A simple will — while essential — may not be enough to protect everything you’ve built.
Advanced estate planning tools for seniors in Nevada include living trusts, irrevocable trusts, charitable trusts, special needs trusts for disabled beneficiaries, and healthcare directives that speak for you if you cannot speak for yourself.
Protecting Assets From Medicaid Spend-Down
One of the most overlooked concerns for retirees is the potential cost of long-term care. In Nevada, Medicaid eligibility requires assets to fall below strict limits. Without advance planning, a nursing home stay can drain a lifetime of savings before Medicaid coverage kicks in.
Medicaid asset protection planning — done at least five years before care is needed (the “look-back” period) — can shield certain assets from spend-down requirements. Our attorneys can walk you through strategies that preserve your estate while ensuring you qualify for benefits when needed.
Nevada has no state income tax and no estate tax — but federal estate tax applies to estates over $13.6 million (2024). For high-net-worth retirees, we provide comprehensive tax minimization strategies as part of your estate plan.
Estate Planning Questions for Seniors & Retirees
A will takes effect only at death and must pass through probate court before assets are distributed. A revocable living trust takes effect during your lifetime — you transfer assets into the trust now, manage them yourself as trustee, and designate a successor trustee who takes over seamlessly at your death or incapacity. Because the trust owns the assets (not you personally), those assets bypass probate entirely. For retirees with real estate, retirement savings, or complex family situations, a living trust typically offers significant advantages over a standalone will.
Yes, absolutely. A revocable living trust and will can be amended or revoked at any time as long as you have legal capacity. Life changes — new grandchildren, the death of a beneficiary, a change in your financial situation, a new home, or a shift in family relationships — may all warrant updates. We recommend reviewing your estate plan every few years and after any significant life event. Our team is here for your full retirement journey, not just the first appointment.
Your primary residence has some protection under Nevada’s homestead exemption and Medicaid rules, but long-term care planning requires more than that. One common strategy is transferring real estate into an irrevocable trust at least five years before you anticipate needing care — outside Medicaid’s look-back window. Another option is a Medicaid-compliant annuity or a life estate deed. The right approach depends on your specific assets, family structure, and health situation. We encourage retirees to plan early — the later you wait, the fewer protective options are available.
Retirement accounts like IRAs and 401(k)s pass by beneficiary designation — not through your will or trust. This means if your beneficiary designations are outdated (a common problem), assets could go to an unintended recipient regardless of what your will says. After the SECURE Act 2.0, most non-spouse beneficiaries must withdraw inherited retirement accounts within 10 years — which can create significant tax burdens. Coordinating your beneficiary designations with your overall estate plan is critical. We review all of your accounts together to make sure your plan is cohesive.
A pour-over will is a companion document to a living trust. It ensures that any assets you forgot to transfer into your trust during your lifetime automatically “pour over” into the trust at your death — where they are then distributed per your trust’s instructions. Without a pour-over will, those assets could be distributed according to Nevada’s intestacy laws rather than your wishes. If you have a living trust, you should always have a pour-over will as well. We prepare both documents together as part of a complete estate plan.
Key Planning Tools for Seniors
Revocable Living Trust
Avoids probate, allows immediate distribution to beneficiaries, and remains flexible — you can change it at any time while you're living. Ideal for retirees with real estate or multiple accounts.
Durable Power of Attorney
Authorizes a trusted person to manage your finances if you become incapacitated. Without this, your family may need a costly and time-consuming court conservatorship.
Healthcare Directive & Living Will
Specifies your end-of-life medical wishes and designates a healthcare proxy who can make decisions on your behalf — so your family never has to guess.
Irrevocable Trust
Removes assets from your taxable estate and protects them from creditors or Medicaid spend-down — offering protection that a revocable trust cannot.
Special Needs Trust
If you have a child or grandchild with a disability, a special needs trust allows you to leave them money without affecting their eligibility for government benefits like SSI or Medicaid.
Business Succession Planning
Own a business? We develop clear succession plans so ownership transfers smoothly — to family members or co-owners — without disrupting operations or triggering unnecessary tax events.
Your legacy deserves the same care you put into building it.
Call today for a free, confidential consultation with one of our Henderson estate planning attorneys.
Client Testimonials
What Nevada Families Say About Working With Us
Why Dempsey, Roberts & Smith, LTD.
What Sets Our Estate Planning Attorneys Apart
Nevada-Specific Expertise
Our attorneys know Nevada probate law, homestead rules, community property rules, and Medicaid regulations inside and out. We don't give you generic legal advice — we give you Nevada-specific strategy.
Every Family Is Different
We listen before we advise. Whether you have a blended family, a disabled dependent, a business interest, or simply want a straightforward plan, we tailor our approach to your unique situation.
Clear Communication, Always
Legal documents don't have to be confusing. We explain every clause in plain English, answer every question, and make sure you feel confident — not lost — in every decision you make.
Full-Service Legal Team
Beyond estate planning, we offer criminal defense, personal injury, and business law — so your family can rely on one trusted firm across life's many legal needs.
Free Initial Consultation
There's no cost, no obligation, and no pressure to hire us. Our goal in the first conversation is simply to understand your situation and tell you honestly what you need.
Serving Henderson & Clark County
Locally based and deeply rooted in the Henderson community. We are not a national firm with a local number — we are your neighbors, and your family's legal wellbeing matters to us personally.