What Families Need to Know
When a loved one passes due to negligence in Las Vegas, Clark County, or anywhere in Nevada, the family may face two legal challenges at the same time: probate and a wrongful death claim. These processes are closely connected, and understanding how they interact is crucial for securing financial compensation and protecting your loved one’s estate.
At The Law Office of Kevin R. Hansen, we provide expert legal representation in both wrongful death litigation and probate administration.
What is Probate
What is Probate in Nevada?
Probate is the court-supervised legal process for handling a deceased person’s assets, debts, and estate matters. In Nevada, probate is required when a person passes away with assets worth more than $25,000 or owning real estate unless those assets are protected by a trust or beneficiary designation.
While probate ensures the fair handling of an estate, it can be time-consuming and legally complex, especially when it overlaps with a wrongful death case.
Key Steps in Nevada Probate
- Filing a Petition with the Court – Probate starts by submitting a petition to the Clark County Probate Court or the court where the deceased lived.
- Appointment of an Executor or Administrator – If there is a will, the named executor oversees the estate. If no will exists, the court appoints an administrator.
- Notifying Creditors & Paying Debts – The estate must settle any outstanding debts, including medical bills, loans, and taxes.
- Distribution of Assets – After debts are cleared, the remaining assets are distributed to heirs based on the decedent’s will or Nevada’s intestacy laws (if no will exists).
- Closing the Estate – Once all debts and distributions are handled, the court officially closes the estate.
What is Wrongful Death?
What is a Wrongful Death Claim in Nevada?
A wrongful death claim is a lawsuit filed by surviving family members when a person dies due to someone else’s negligence. This may involve:
- Car accidents
- Motorcycle crashes
- Pedestrian and bicycle accidents
- Medical malpractice
- Workplace injuries
- Unsafe premises (slip-and-fall, defective property conditions)
Who Can File a Wrongful Death Claim in Nevada?
Under NRS 41.085, the following individuals can file a wrongful death lawsuit in Nevada:
- The deceased person’s spouse, children, or parents.
- A personal representative of the deceased’s estate.
- Other dependents who can prove financial reliance on the deceased.
Compensation from a wrongful death claim may include:
- Medical expenses before death
- Funeral and burial costs
- Loss of financial support
- Pain and suffering of the surviving family
- Loss of companionship and emotional distress
Since wrongful death settlements involve significant financial compensation, these funds often become part of the probate process, affecting how and when beneficiaries receive their share.
How Does Probate Affect a Wrongful Death Case
Compensation
How Does Probate Affect a Wrongful Death Settlement
If Compensation is Paid Directly to Family Members
Under Nevada law, damages awarded for pain, suffering, or emotional distress belong to the surviving family members and do not go through probate.
These funds are not subject to estate debts and are distributed directly to heirs.
If Compensation is Paid to the Estate
If the court awards compensation for lost income or financial support, these funds may go into the deceased’s estate.
This means they could be subject to estate debts before being distributed to heirs.
How Probate Can Delay Compensation
If probate takes months or years (as some cases do in Nevada), it could delay the distribution of wrongful death compensation.
Creditors may claim a portion of the settlement before family members receive their share.
Our
Experts
Injury Attorney
Kevin Hansen
Kevin has spent a quarter of a century representing people who’ve been injured. He is battle tested and trial ready.
injury attorney
Amanda Harmon
Amanda’s attention to detail and thorough case preparation are invaluable assets to our clients. She leaves no stone unturned.
The Kevin R. Hansen Advantage
One Law Firm to Handle Both Cases
The Kevin R. Hansen Advantage
Seamless Case Management
Instead of hiring two separate attorneys for probate and wrongful death, we handle everything under one legal team.
This prevents conflicts between separate law firms and ensures all legal matters align properly.
Faster Compensation & Probate Resolution
Since we manage both cases, we can strategically handle probate matters to avoid unnecessary delays in wrongful death settlements.
Our legal team works directly with Nevada courts to expedite approvals and distribute funds efficiently.
Maximizing Family Compensation
Nevada law protects wrongful death settlements from estate creditors in many cases.
We work to ensure your family receives the maximum compensation possible without unnecessary deductions from probate claims.
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Yes. Wrongful death lawsuits can proceed while probate is ongoing. However, certain settlement funds may be delayed if they must pass through probate before distribution.
No. Survivor damages (emotional distress, loss of companionship, etc.) go directly to family members and do not enter probate. Only funds awarded for lost income or estate-related compensation may require probate oversight.
- Simplified probate (small estates) – 30 to 120 days
- Standard probate (moderate estates) – 6 months to 1 year
- Complex probate (high-value estates, contested wills, etc.) – 1 to 2+ years
Only if the settlement is paid into the estate. Damages awarded directly to family members (pain, suffering, loss of companionship) are protected from estate creditors.
- Hire a firm that handles both wrongful death and probate (like The Law Office of Kevin R. Hansen).
- Ensure legal representation is coordinated to prevent unnecessary court delays.
- If possible, settle wrongful death funds outside the estate to avoid probate complications.
Las Vegas Accident - InjuryRecent Case Results
Wrongful Death – $9 Million
Product Liability – $5.2 Million
Motor-Vehicle Accident – $1.2 Million
Grocery Store Slip & Fall – $1.4 Million
Casino Slip & Fall – $1.4 Million
Sexual Assault – $1.34 Million
Motor Vehicle Crash – $1.4 Million
Wrongful Death – $5 Million
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Back in 2013 my first accident as a teen i called 3 different law offices 2 big name ones that have a number you can remember both of those law firms answered my call and said we will call you back 30 minutes go by and no call from them 3rd call was Kevin he him self was the one who help me threw all the steps what information to get and how to go about it this was a big help and calmed down some of the shock now its 2023 same great service!!!!
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