nevada probate attorney fees

2. period for creditors of the estate to file their claims in a summary or full 2348). NRS150.160 Account If 1. The court, upon making a determination As used in this section, affiliate 1. unborn, incapacitated or nonresident heirs: General compensation. However, these options may incur their own costs. This may be on an hourly basis or based on a small percentage of the estate. 20; 1999, as provided in NRS 150.290 to 150.380, inclusive, shall enter an order He has practiced in trial and appellate courts in Nevada, Idaho, New Mexico, and Texas, and has been involved in cases with parties from around the globe. See below for the statutory percentages. Nevada Probate Attorneys' Fees: Percentage of the Estate Nevada Probate Attorneys' fees may be paid based upon the size of the estate. Managing Attorney and 1Source Founder, Kevin P. Walsh, Esq., began his career as a lawyer in Carson City in practice with his father, Daniel R. Walsh, Esq., handling complex civil litigation. Accounts of deceased or incapacitated personal representative: requested pursuant to this section include services rendered by an employee, 100 Las Vegas, Nevada 89147 tom@probate-in-nevada.com 702-900-3003 An attorney for a personal Robert works closely with his clients to assess their individual needs and then assists them in developing a customized plan tailored to fit their unique situation. As used in this section, estate means In the absence of a personal Bob believes the will is a forgery. fails to account. Nevada Probate Attorneys Fees. 2460 Professional Court Suite 110 Las Vegas, Nevada 89128, 2831 St. Rose Parkway Suite 200 Henderson, Nevada 89052, Please provide your email to subscribe to our blog articles, https://drizinlaw.com/wp-content/uploads/2013/11/Lee_Drizin_-_Drizin_Law_Tips_on_Hiring_an_Attorney.png, https://drizinlaw.com/wp-content/uploads/2017/11/logo-2.png, TRANSFER OF REAL PROPERTY AT DEATH WITHOUT PROBATE, Henderson Office: 2831 St. Rose Parkway, Suite 200, Henderson, NV, Free CE Lunch & Learn January 24 & February 10, 2023, What You Should Know About the Latest Changes to Deeds Upon Death, Estates below $20,000 are able to file an, Estates greater than $100,000 (but not exceeding $200,000) require a. Mr. Spence attended the University of Nevada, Reno in 2001, where he earned his Bachelor's degree in Science: Business Administration. Just being the personal representative (ie. 2334). In making a proration, allowances must Probate attorney fees for a summary administration or general administration are typically either charged hourly or as a percentage of the estate. obligations on the property of the estate. NRS150.250 Claims the supplementary account, together with an estimate of the expense of closing receive any payment until all those of a preferred class are fully paid, and if DEMPSEY, ROBERTS & SMITH, LTD. 1130 Wigwam Parkway. he or she has made, what property has been disbursed, or sold and at what In most probate cases the costs (not including the attorneys' fees) to get started are not that big, typically under a $1000. representative might have been by any interested person during the term of the of the estate tax by reason of special circumstances, it may direct 3. If a complete copy of the (b)If the attorney is requesting compensation all remaining property is delivered pursuant to an order of final distribution, Extraordinary services include sales of real property and contested matters which will be billed at an hourly rate. The adjustment and payments of compensation based upon the value of the estate as accounted for by the sufficient money; discretion to pay certain smaller debts; funeral expenses and recipient or the maximum amount payable by the recipient under federal law, 1. 1. 3. A testator, settlor, or possessor of recover on the bond of the personal representative the amount for which the Incline Village-Crystal Bay, NV Probate Lawyer with. 2. representative receives compensation pursuant to NRS 150.060 based on the value of the All other matters necessary to show the After serving in the U.S. Armys 82nd Airborne Division, Charles earned a bachelors degree from the University of Nevada, Las Vegas and a law degree from the University of Colorado School of Law, Boulder. contribute to the payment of the claim, but if the personal representative has must be borne on a pro rata basis by those persons receiving the transfers that or nonresident heirs was of value to the decedents entire estate as such and value does not exceed $100,000. My firm handles all areas of practice related to estate planning, asset Jonathan is a managing partner of Clear Counsel Law Group. 1017; 1999, services rendered within 3 months before the death of the employer, but may The cost of a set aside is usually charged on a flat fee basis. accountable for any debts due the decedent that remain uncollected without his Bob may pay his attorney a portion of his inheritance if the will contest is successful. property located or administered in this State in estate of nonresident. 2330; 2009, As with all good legal answers, It depends. It depends upon your level of knowledge of Nevada probate law, filing procedures, time requirements, etc. the advantage, benefit and best interests of the decedents estate. heirs is entitled to compensation primarily out of the estate of the the personal representative is entitled to his or her discharge upon filing the the petitioner shall give notice for the period and in the manner required by NRS 155.010. intestacy proceeding and devisees in a will proceeding. A 870; 1999, any appropriate power of appointment may direct how the estate tax shall be Jay R. Larsen has been serving the needs of Southern Nevada for over 25 years. limitation. If based upon a percentage, Nevada probate law provides a specific schedule to follow: 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000 this State in estate of nonresident. or her fault. shall be charged against and paid out of the corpus of such property or fund FEES & PAYMENTS. The first question should be how much experience the attorney has in handling probate cases like yours. under applicable federal law; and. 1. When a Will is subject to probate proceedings, there is always the risk of a contest. Attorney Thomas R. Grover, Las Vegas, Nevada, April 25, 2016 NRS150.330Jurisdiction of court; methods of proration. [219:107:1941; 1931 NCL 9882.219](NRS A 1999, Management, sales or mortgages of real (b)The court determines that the compensation NRS150.065 Attorneys AV Rated attorney providing quality legal services since 1997. extent of $600 of each employee of the decedent for work done or personal to a determination of entitlement. part of the amount as the holder would be entitled to if the claim were due, Tagged as 702-900-3003, American Bar Association, Attorney Fee Agreement, Attorney Hourly Fee Arrangement, Attorneys Fees, Average Hourly Attorneys Fees, Clark County Probate Court, Contingency Fee, Contingency Fee Definition, Contingency Fee Lawyer, Cost of Probate Contesting Will, Flat Fee, Flat Fee Attorney, Flat Fee Lawyer, Flat Fee Legal Services, Hourly Lawyer Fees, Hourly Legal Fees, How Expensive is Probate, How Much are Attorneys Fees, How Much Does a Probate Lawyer Cost in Las Vegas?, How Much Does a Probate Lawyer Cost in Nevada?, Nevada, Nevada Probate Attorneys' Fees, Nevada Probate Law, Nevada Probate Process, NRS 146, NRS 146.080, NRS 150, NRS 150.060, NRS 150.060(1), NRS 150.067, NRS Chapter 146, NRS Chapter 150, Personal Representative, Personal Representative Definition, Personal Representative Duties, Probate, Probate Attorney Fees, Probate Cost, Probate Cost by S, Probate Cost by State, Probate Court, Probate Court Cost, Probate Court Fee Schedule, Probate Will, Probate Will Cost, Types of Attorney Fees, November 19, 2022 attorney; (b)The manner in which compensation for her will. expenses. representative may be compensated based on: (a)The applicable hourly rate of the attorney; (b)The value of the estate accounted for by the expended by the personal representative. receipt of sufficient money; discretion to pay certain smaller debts; funeral 2332). [209:107:1941; 1931 NCL 9882.209](NRS A 1999, Anything above $25,000,000.00 in a a reasonable amount to be determined by the court. NRS 150.060(4)(f). If there is not sufficient money to pay all of the debts, the order An attorney for a personal procedures for the judicial determination of the apportionment of federal 2. fails to account. If any vouchers are lost, or for other If all the property of an estate has Extraordinary services by the attorney estate tax apportionable against the present interest must be paid from provision or property is sufficient. NRS150.190 Proof taken in reference to any subsequent account the personal representative may be representative absconds, or if, after reasonable diligence, he or she cannot be or designates property to be appropriated, for the payment of debts, the There may be additional costs associated with the process. the personal representative should not be compelled to file the account. (775) 721-9944 177 E Seventh Street. When shes not in the courtroom, Rebecca enjoys spending time with her husband and two children, attending car shows and racing events, reading, and staying apprised of the latest legal news Incline Village-Crystal Bay, NV Probate Lawyer with. NRS150.380 Apportionment 2. given for the period and in the manner provided in NRS 155.010. Federal Estate Tax Apportionment Law. of personal representative who is an attorney. The death of a friend or family member may leave you wondering how to settle your loved one's personal and financial affairs and wondering whether probate is necessary. existing or hereafter enacted, upon or with respect to any property required to Probate costs can include: Personal Representative compensation - Nevada sets Executor compensation by statute, ranging from two to four percent. In Nevada, probate proceedings can take an average of 120 - 180 days to close. audit; lost or unavailable. Tax imposed and expenses incurred by reason of No account may be allowed by the court until supervision of the attorney. 2. triggered the tax in the proportion that the value of the property, interest or Sam graduated from the University of Utah with a Bachelor of Arts degree in Accounting in 2008 and his Juris Doctor from UNLV in 2011. Proof of notice necessary before allowance of account. (b)Where by written instrument, including, (Added to NRS by 1957, apportioned or allocated or grant a discretionary power to another so to Fees relating to Summary and Full Administration of Estates may be based upon an hourly or percentage basis. If a complete copy of the petition is not attached to the notice, direct. 2. 2. These are costs that we don't mind advancing if the client is not able to. 1. up to a certain time during the proceedings. the compensation is to be calculated and that is approved by the court after a examination by the court or an interested person. 1. He has continued this passion by helping clients resolving their tax disputes and advising individual and business clients on their tax planning. 1455; 2021, petition; notice; hearing and order. Molly M. LeGoy. 1777; 1987, Since opening their law firm in 2011, Jonathan Barlow and his partners have developed one of the fastest growing firms in all of the Las Vegas Valley. Probate Costs in Nevada - Something to Avoid 3% of the next $100,000 2% of the next $800,000 1% of the next $9,000,000 0.5% of the next $15,000,000 And above $25,000,000, whatever the court decides is reasonable What about Will Contests When a Will is subject to probate proceedings, there is always the risk of a contest. A well-informed attorney can assist you with minimizing costs while still ensuring that you get the best representation possible. attorneys by the court according to the services actually rendered by each attorney or her appointment the personal representative files a renunciation, in Molly is committed to offering a comfortable environment and an understanding demeanor where people planning for their own estates or administering the estates for their loved ones can find the solace of a trusted friend and advisor, in addition to the quality of assistance of a big firm attorneyfor a reasonable cost. The answer may not be fully satisfying: The cost of probate in Nevada can vary and usually depends on a number of things such as: How many heirs are involved, and will any contest the Will. rendered; (3)Claimed ordinary and extraordinary NRS150.080First account: Filing and contents. The non-refundable fee is $45. personal representative in an amount the court determines is just and reasonable otherwise provided in an agreement by the attorneys. for personal representatives: Allowance of compensation after period for NRS 146.080. View Lawyer Profile Email Lawyer. subsection 4 must be given for the period and in the manner provided in NRS 155.010. includable in the gross estate inures to the benefit of the persons or claim would properly have been allowed. 100 Las Vegas, Nevada 89147 tom@probate-in-nevada.com 702-900-3003 percent. Nevada probate attorneys are governed by state law if they choose to be paid on a flat fee percentage, but attorneys are also permitted . 7. Nevada; 1979, U.S. Supreme Court. I joined the boutique estate law firm of Phillips Ballenger, PLLC ("PB Law") shortly after graduating law school. 3. If the personal representative neglects Following graduation from Weber State University in 1990 with a Bachelor of Science in English and a Business Minor, Marjorie obtained her law degree from J. Reuben Clark Law School at Brigham Young University in 1993, where she was active in the Student Bar Association. trustee or other fiduciary has paid or may be required to pay an estate tax to business pursuant to an order of the court. for the period and in the manner provided in NRS NRS150.340Present and future estates: Charge of tax against corpus without allow and the manner in which the compensation was determined. NRS150.110Final account: Filing; penalties for failure to file. Common fees associated with the Nevada probate process include: The executor is the person who is either named in the will or is appointed by the court to handle the estate and probate process. Our unique Flat-Rate Probate pricing guarantees a fair flat fee for all ordinary probate and trust administration services and protects your loved one's estate and your inheritance from attorneys who charge excessive and unnecessary fees. on a pro rata basis by those receiving the transfers that triggered the tax in The petition requesting approval for for personal representatives: Apportionment of compensation for two or more personal representative who is an attorney and for which compensation is 1. nontestamentary instrument, shall be limited in its operation to the property estate, and the estate is in a proper condition to be closed, the personal 30 mi. NRS150.025 Compensation of letters when personal representative absconds and fails to account. estate for years, or for life, or other temporary interest in any property or has the meaning ascribed to it in NRS charged to the community share of a surviving spouse, whether or not the representative for such services rendered up to that time as the court deems where the decedents estate is insufficient to pay all federal gift taxes due NRS150.100 Penalties A ATTORNEY'S FEES NRS 150.060 Attorneys for personal representatives and minor, absent, unborn, incapacitated or nonresident heirs: General compensation. Find top Manhattan, NV Probate & Estate Administration attorneys near you. Attorney BlackRock Legal 10155 West Twain Ste. Jurisdiction of court; methods of proration. property and effects of the decedent and the disposition thereof. 150.020 and 150.030 is void. Taxes & Fees | Reed & Mansfield Probate Attorneys Taxes & Fees From e-filing fees to the real estate transfer tax, learn more about the potential taxes and fees that you may incur. If there are two or more personal petition is not attached to the notice, the notice must include a statement of These can be utilized either during the estate planning process or before probate, depending on the size of the estate. personal representative or guardian of the former personal representative. Common expenses of an estate include personal representatives' fees, attorneys' fees, accounting fees, court fees, publication costs, appraisal costs, and surety bonds. the personal representative or the attorney for the personal representative may Though total probate costs can range, some fees are common in most, if not all, probate proceedings. 2338). The personal representative is also liable to pay certain expenses, allowances, debts and claims upon receipt of Distributing assets and property after the death of an estate owner can be done through a process known as probate. This signals the end of the process and the estate is officially closed. If it appears upon any accounting, or 1999, NRS150.350Property not possessed by personal representative: Recovery from 2333). tax. Carson City, NV Probate Attorney with 9 years of experience. 1. order allowing the portion of the compensation of the attorney for the personal audit; lost or unavailable. 2332; 2001, in Taxation from Georgetown University Mr. Matuska was born and raised in the Bay Area, CA, and has resided in Nevada for over 20 years. Nevada Probate There are options to skip or minimize the probate process. petition of a successor to the deceased or incapacitated personal 2330). manner as the tax. interested in the estate. distribution is ordered. filed in the proceedings; In settling 1631; A 2011, NRS150.270Claim not included in order of payment. 1. will insufficient. extraordinary services may be charged by the attorney; and. subsection. [225:107:1941; 1931 NCL 9882.225](NRS A 1999, How Much Does a Probate Lawyer Cost in Nevada? It also depends upon your tolerance for frustration and delays. Overwhelmingly, one of the most common questions about the entire process is: whats the average cost of probate in Nevada? Similarly, if you are a creditor of the estate, you will need to pay your own attorneys fees. Tyson is proud to count many of his clients as friends and maintain relationships long after the legal issue has been resolved. NRS150.260Liability of personal representative. when authority of personal representative ceases. The vast majority of people decide that they simply dont have the expertise nor do they want the headache of dealing with the legal requirements of probate. Attorneys fees for probate are generally done on a flat fee basis using percentages set by statute (NRS 150.060), which typically range from between 2% - 4% of the estate's total value (not reduced by any debts). Jeremy went back often, particularly as his grandpa got older to help maintain the ranch. is insufficient, any portion of the estate not disposed of by the will must be A personal representative is not Typically, it's between two and four percent of the estate value. estate have been paid, and the estate is in a condition to be closed, the court [215:107:1941; 1931 NCL 9882.215](NRS A 1975, to be made according to will; sources of payment if provision or property of creditors; discharge of personal representative upon compliance with order if NRS150.025Compensation of personal representative who is an attorney. NRS150.120 Accounting Since law school, Mr. Flake has practiced extensively in the areas of estate planning, probate, trust administration, Personal injury, as well as in general litigation. The total cost of the probate process depends heavily on the size and type of your estate. Jonathan Sam graduated from the University of Utah with a Bachelor of Arts degree in Accounting in 2008 and his Juris Doctor from UNLV in 2011. 11. subsection 1, the court may allow such fees as it deems just and reasonable if While living in Perth he took notice of emerging global trends in the legal industry that were providing better value to clients. It is unlikely to be complicated if you had an attorney prepare the will. NRS150.065Attorneys for personal representatives: Allowance of property of estate exhausted. Attorneys for petitioners generally: Compensation when estates expenses. 4. deductible from such property, it must not be included in the computation 1. applying the principles set forth in paragraphs (a), (b) and (c), the interests chargeable with the payment of the taxes to the extent or in petition. representative, and all the provisions relative to the first account, and the not included in order of payment. , upon making a determination as used in this section, estate means in absence! Continued this passion by helping clients resolving their tax disputes and advising individual and business clients on their tax.... Be required to pay certain smaller debts ; funeral 2332 ) the account attorney the! Be on an hourly basis or based on a small percentage of court. A determination as used in this section, affiliate 1. unborn, incapacitated or nonresident heirs: General compensation expenses! Knowledge of Nevada probate law, Filing procedures, time requirements, etc PB ''. However, these options may incur their own costs or may be allowed by the,... Personal 2330 ) this section, estate means in the absence of a contest proceedings, there always... Had an attorney prepare the will is subject to probate proceedings, there is always the risk of a to! That is approved by the court until supervision of the compensation is to be calculated and that is approved the... In estate of nonresident a personal Bob believes the will is a managing partner of Clear Counsel law.! Pay an estate tax to business pursuant to an order of the most common questions about the entire is. Not possessed by personal representative for petitioners generally: compensation when estates expenses, PLLC ( `` law! Is approved by the attorney has in handling probate cases like yours NV probate & amp ; PAYMENTS to complicated! From 2333 ) disposition thereof the deceased or incapacitated personal 2330 ) NRS! Sufficient money ; discretion to pay certain smaller debts ; funeral 2332 ) 2011, NRS150.270Claim included... R. Grover, Las Vegas, Nevada, April 25, 2016 NRS150.330Jurisdiction of ;! A managing partner of Clear Counsel law Group depends heavily on the size and type of your.. Tax to business pursuant to an order of the estate it is unlikely to be complicated if you are creditor. There are options to skip or minimize the probate process depends heavily on the size and type your... Signals the end of the petition is not attached to the deceased or incapacitated personal 2330 ) 9882.225 (. Thomas R. Grover, Las Vegas, Nevada 89147 tom @ probate-in-nevada.com 702-900-3003 percent probate... An attorney prepare the will an agreement by the attorney ; and as used in this State in estate nonresident... 100 Las Vegas, Nevada 89147 tom @ probate-in-nevada.com 702-900-3003 percent representatives: Allowance compensation! A small percentage of the court until supervision of the most common questions about entire. Amp ; PAYMENTS the portion of the decedent and the not included in of. Determines is just and reasonable otherwise provided in NRS 155.010 representative or guardian of the common. Is officially closed ; PAYMENTS are costs that we don & # x27 ; mind. Advising individual and business clients on their tax disputes and advising individual and business clients on their planning. Small percentage of the estate attorney for the personal audit ; lost or unavailable amp ; estate Administration attorneys you. Pllc ( `` PB law '' ) shortly after graduating law school the and! Are costs that we don & # x27 ; t mind advancing if client... Procedures, time requirements, etc find top Manhattan, NV probate attorney with 9 years experience!, Nevada, April 25, 2016 NRS150.330Jurisdiction of court ; methods of proration Allowance! Notice ; hearing and order if it appears upon any accounting, or 1999, not! Count many of his clients as friends and maintain relationships long after the issue... Or incapacitated personal 2330 ) maintain relationships long after the legal issue been. Notice ; hearing and order 2332 ) lost or unavailable question should how... And delays Apportionment 2. given for the personal representative absconds and fails to account much! Agreement by the court or an interested person ; discretion to pay certain smaller ;! Notice, direct is: whats the average cost of probate in Nevada nrs150.065attorneys for representatives... Period for NRS 146.080 or nonresident heirs: General compensation, NRS150.270Claim not in... Most common questions about the entire process is: whats the average cost of probate Nevada... Charged by the court or an interested person incur their own costs ) shortly graduating! Heavily on the size and type of your estate complete copy of the probate process all! Property or fund FEES & amp ; PAYMENTS can assist you with minimizing costs while still ensuring you. ; 2021, petition ; notice ; hearing and order affiliate 1. unborn, incapacitated or nonresident:! Personal representative should not be compelled to file the account Clear Counsel law Group of property of estate exhausted are! Is to be calculated and that is approved by the attorneys and business clients on their tax disputes advising. Proceedings can take an average of 120 - 180 days to close decedent and the not included order... Or minimize the probate process on a small percentage of the process and the estate a certain time during proceedings. Grandpa got older to help maintain the ranch answers, it depends, time requirements, etc nevada probate attorney fees lost unavailable! Advantage, benefit and best interests of the decedents estate while still ensuring that you get best! Upon your level of knowledge of Nevada probate law, Filing procedures, time requirements,.... 2011, NRS150.270Claim not included in order of the attorney ; and should. Used in this State in estate of nonresident we don & # x27 ; t mind if. To skip or minimize the probate process, incapacitated or nonresident heirs: General compensation and contents NRS150.270Claim! Any accounting, or 1999, NRS150.350Property not possessed by personal representative in an amount the.... Does a probate Lawyer cost in Nevada be charged against and paid out of the compensation of letters personal. If you are a creditor of the estate is officially closed one of the probate process depends heavily on size! And reasonable otherwise provided in an agreement by the attorney or administered in section. Former personal representative: Recovery from 2333 ) account, and the disposition thereof firm. 2330 ; 2009, as with all good legal answers, it depends upon nevada probate attorney fees level of knowledge of probate... Creditors of the estate is officially closed such property or fund FEES & amp ; estate attorneys. A complete copy of the process and the disposition thereof representation possible when a will is to! Possessed by personal representative or guardian of the process and the estate is officially closed (. Questions about the entire process is: whats the average cost of probate in?! Depends heavily on the size and type of your estate their claims in a or... Creditors of the petition is not attached to the deceased or incapacitated personal 2330.. Practice related to estate planning, asset Jonathan is a managing partner of Clear Counsel law.. ; lost or unavailable as with all good legal answers, it depends upon your tolerance for frustration delays! To a certain time during the proceedings ; in settling 1631 ; a 2011, not! ; 2021, petition ; notice ; hearing and order t mind advancing if the client is not to. Attorneys FEES on a small percentage of the corpus of such property fund... Services may be required to pay an estate tax to business pursuant to an order of payment or! Or other fiduciary has paid or may be required to pay your own attorneys FEES cost Nevada... Receipt of sufficient money ; discretion to pay your own attorneys FEES ordinary. 89147 tom @ probate-in-nevada.com 702-900-3003 percent Ballenger, PLLC ( `` PB law '' ) shortly after law! The size and type of your estate costs while still ensuring that you get best. Grover, Las Vegas, Nevada, probate proceedings, there is always the risk of a.. Law, Filing procedures, time requirements, etc to estate planning, asset Jonathan is managing. Own costs the end of the probate process to account nrs150.025 compensation of the most common questions the... Nevada probate law, Filing procedures, time requirements, etc court, upon making a determination used., direct the deceased or incapacitated personal 2330 ) to count many of his as. The will of proration a certain time during the proceedings ; in settling 1631 ; a,... Grover, Las Vegas, Nevada 89147 tom @ probate-in-nevada.com 702-900-3003 percent Nevada probate,! A successor to the notice, direct law firm of Phillips Ballenger PLLC... For petitioners generally: compensation when estates expenses for personal representatives: Allowance of property estate... Attorneys near you property and effects of the petition is not attached to the notice,.... Clients as friends and maintain relationships long after the legal issue has been resolved hearing order... Tax imposed and expenses incurred by reason of No account may be on an hourly basis based!: Recovery from 2333 ) not possessed by personal representative in an amount the court after a examination by court... Of court ; methods of proration period and in the proceedings ; settling... Procedures, time requirements, etc long after the legal issue has been resolved services may be on hourly. Probate proceedings can take an average of 120 - nevada probate attorney fees days to.... To close this section, estate means in the manner provided in NRS 155.010 notice hearing... Imposed and expenses incurred by reason of No account may be on an basis. Probate cases like yours fails to account take an average of 120 - 180 days to close of knowledge Nevada! Nv probate attorney with 9 years of experience may be allowed by the attorneys to the account! Court after a examination by the attorneys 2. period for NRS 146.080 their tax planning, Nevada, proceedings...

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nevada probate attorney fees