Differences In Probate From State to State & Federal Jurisdiction

Probate procedure varies greatly from one state to another. Substantive probate law is largely uniform among the different United States and Territories, but some differences in substantive law do exist among different states along with cost differences. For example, California probate court fees, are roughly three times as much as Nevada probate court fees. California usually requires a probate appraiser. The probate appraiser is appointed by the court and is paid 0.1% plus expenses. For example, if the estate consists of a house worth $500,000, the probate appraiser would charge $500 plus any expense incurred to do the appraisal.  An executor authorized in the will to serve without bond in California may have to post a bond if she is not a California resident or associate a California resident Co-Executor; if the situation were reversed Nevada would not require a bond.

Three members of our firm are licensed in California. We have not had any problems doing uncontested probates in California.

For uncontested probates in Nevada & California contact us today.

Federal Probate Jurisdiction

Federal diversity jurisdiction (no conflicting parties from the same state, amount in controversy over $75,000) is available for contested probate matters. It is rare for probate cases to be filed in federal court, but it can be done in diversity cases. However, if a probate case is filed in state court, suit on a creditor's claim in federal court will likely be ineffective. Bergerson v. Loeb, 100 Nev. 54, 657 P.2d 397 (1984).