If decedent in Nevada has a trust, are those assets excluded from $20k probate exemption?

· · 0 views
His car is not automatically included in trust. If estate is less than $20k I can fill out affidavit to claim car. I want to make sure trust assets are excluded from the $20,000

4 Attorney Answers

Best Answer
Ms. Santaella has kindly provided a link for you for Nevada. If you need help finding an atty: Go to AVVO.com, find a lawyer and put in the specialty area and your geographic location and attorneys should pop up. You can call a few and see about prices and availability.
Best Answer
No, it does not. However, to use the Affidavit all debts must be paid and the Deceased must have been dead for 40 days. Many times it makes sense to wait until the Trustee ahs completed publication of the Trust's notice to creditors to file the same. It is worth noting that it is probably best to consult with legal counsel on the appropriate administration of the Trust and Estate. You may determine that counsel is not needed, but many offer a short free consultation. Additionally legal fees are an appropriate expense on the Trust/Estate's tax return. If this answer was helpful, please mark it accordingly. Best of luck to you.
Best Answer
Assets that are in the decedent's trust are not counted toward the amount that could be passed via a small estate affidavit (or any type of probate proceeding in court). For example, if the decedent has $15,000 cash in his trust and left a car titled in his name worth $10,000, and no other assets were outside the trust, you can use a small estate affidavit to transfer the car in accordance with the decedent's will.
Best,
Sharon

Sign in to answer this question.

Sign In or Sign Up as an Attorney