The Biggest Mistakes People Make During Probate – Insights from Attorney Cassy Walsh

Probate is a process that many people don’t think about—until they have to deal with it firsthand. Unfortunately, when that time comes, it’s often confusing, expensive, and time-consuming.

I sat down with Attorney Cassy Walsh from Woodburn and Wedge, Nevada’s oldest law firm, to discuss the biggest mistakes people make during probate and how to avoid them. Here’s what you need to know.

What is Probate?

Probate is the legal process of administering a deceased person’s estate, which includes settling debts and distributing assets. If the deceased had a will, probate ensures that their wishes are followed. If they didn’t have a will, the court follows Nevada’s intestacy laws, which dictate how assets are divided.

In Washoe County, probate is overseen by the Probate Court, and it’s categorized into three levels:

• Under $100,000: About 6 weeks (rare for real estate owners)
• $100,000 - $300,000: Summary Administration, takes around 6 months
• Over $300,000: General Probate, typically takes 9+ months

The larger the estate, the more complex the process.

Common Probate Mistakes and How to Avoid Them

1. Not Knowing There’s a Probate Requirement

Many heirs don’t realize that a loved one’s property needs to go through probate. For example, children may try to sell their parents' home only to discover that the title is still in their parents’ names, triggering a probate process.

How to Avoid It: If you inherit real estate, consult an attorney before attempting to sell or transfer the property.

2. Failing to Notify the Right People

One of the biggest errors is not properly notifying all beneficiaries and creditors. The law requires formal notice to:

• All heirs and beneficiaries
• Creditors (such as Medicaid and mortgage lenders)
• Government agencies (if applicable)

If someone is left out, the process can be delayed for months.

How to Avoid It: Work with an experienced probate attorney to ensure all required parties are properly notified.

3. Waiting Too Long to Start—Or Starting Too Soon

• Starting too soon: People often panic and try to begin probate immediately after a loved one’s passing. However, you typically can’t even start until you receive a death certificate, which takes 3-4 weeks.
• Waiting too long: On the flip side, waiting years to begin probate can cause complications, especially when property ownership isn’t properly recorded.

How to Avoid It: Wait for the right documents but don’t delay too long—estate debts can pile up, and property may lose value.

4. Not Understanding Property Title Issues

Many people assume that when they co-own a property with a spouse, sibling, or partner, ownership automatically transfers when one passes away. But how the title was recorded at the time of purchase matters:

• Joint Tenancy with Right of Survivorship: Property automatically transfers to the surviving owner. No probate needed.
• Tenants in Common: The deceased’s share does not automatically transfer and must go through probate.

How to Avoid It: Check your property title and update it as needed with an attorney’s guidance.

5. Trying to Handle Probate Without an Attorney

Some heirs try to file for probate on their own—only to miss deadlines, fail to notify all parties, or mismanage estate funds. These mistakes can lead to:

• Extended delays
• Court rejections
• Financial penalties

How to Avoid It: Hire a trusted probate attorney to navigate the process efficiently and avoid costly missteps.

6. Not Having the Right Authority to Sell a Probate Property

Not all executors have the same level of power to sell estate assets. Many receive letters of special administration, which don’t provide full authority to sell property. This leads to frustration when trying to close deals.

How to Avoid It: Ensure your attorney petitions for full authority under the Independent Administration of Estates Act, so you can sell the property without unnecessary court delays.

7. Mishandling Estate Finances

Executors are responsible for handling estate funds—but common errors include:

• Paying off debts before ensuring assets are properly allocated.
• Distributing assets too soon, leading to disputes.
• Not keeping detailed records of expenses and transactions.

How to Avoid It: Keep meticulous records and work with professionals (attorneys, CPAs, and realtors) to ensure everything is handled correctly.

How to Avoid Probate Altogether

The best way to avoid these probate headaches? Set up a revocable living trust.

• A will is NOT enough—wills still go through probate.
• A revocable living trust allows assets to pass directly to heirs without court involvement.
• If you own real estate in Nevada, a trust is highly recommended.

Final Thoughts

Probate is a complex process with many moving parts. Having the right professionals—a knowledgeable attorney, a CPA, and a great real estate team—can make all the difference.

If you or someone you know is facing probate, don’t go at it alone. Working with an experienced attorney like Cassy Walsh ensures you avoid delays, protect your assets, and navigate the process smoothly.