• May 3, 2016

Probate is the legal process whereby a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased.  The probate process varies by state and by the size of the estate of the deceased person.  In both California and Nevada, there are specific laws and defined processes for the appointment of an executor of the will and the distribution of assets to heirs.  The executor is the person who handles the affairs of the estate throughout the probate process and who ultimately distributes the property according to the terms of the will.

An attorney is not required in a probate proceeding.  However, an attorney can certainly be beneficial to an executor, especially in more complex probates. It is important that certain steps be taken in a particular order to comply with the various probate statutes. An attorney can help navigate this process which may save the estate money. Since the executor of an estate is considered a fiduciary, the executor may become liable to the beneficiaries if s/he attempts to probate the will of his/her own and ends up doing so improperly or spending extra money on steps that did not need to be taken.

The attorneys at Incline Law Group are available to assist you with probate proceedings for estates of all sizes.

Jeremy L. Krenek is an attorney at the Incline Law Group, LLP. Incline Law Group, LLP - Providing Legal Clarity for Over 40 Years. Incline Law Group, LLP, is committed to providing legal clarity. Our transparent approach to delivering legal services is designed to get beneath the surface of the matter in order to minimize surprises and maximize our clients’ outcomes. Founded in 1973 by John C. Rogers, Incline Law Group has earned a reputation for professionalism, discretion, honesty, diligence and positive results. Most of our attorneys are licensed in Nevada and California and have been providing legal clarity in the areas of Real Estate, Litigation, Family Law, Contracts, Business Formation and Estate Planning for over 40 years to our Northern Nevada and California communities. Licensed in both California and Nevada, Jeremy’s practice focuses on general business and real estate law, family law, litigation and sports law. A Texas native, Jeremy graduated with honors from Texas State University. After initially working in sales, Jeremy and his wife Kelli moved to Incline Village and spent a winter working at the Diamond Peak ski area as snowboard and ski instructors. Determined to become full-time residents, they both returned to school; Kelli attended nursing school while Jeremy entered Santa Clara University School of Law. During his final year of law school, Jeremy competed in multiple Honors Moot Court competitions with stellar results. Jeremy remains a dedicated snowboarder, and can be found most weekend winter mornings tearing up the slopes. In the summer, you'll find Jeremy on his mountain bike, four-wheeling in his Jeep or wake boarding on Lake Tahoe.