Nevada Probate at a Glance
| Item | Detail |
|---|---|
| Governing Law | Nevada Revised Statutes (NRS) Title 12 — Wills and Estates |
| Court | District Court (county of deceased's domicile) |
| Small Estate Affidavit | Personal property ≤ $25,000; wait 40 days (NRS 146.070) |
| Set-Aside (No Administration) | Estate ≤ $100,000 to surviving spouse or minor children (NRS 146.080) |
| Creditor Period | 90 days from first publication |
| Inventory Due | Within 60 days of appointment |
| Typical Timeline | 4–9 months |
| NV Estate Tax | None |
| NV Income Tax | None |
| Filing Fee | $270–$400 (varies by county and estate value) |
Three Paths: Which One Applies?
Path 1 — Small Estate Affidavit (NRS 146.070)
If the personal property subject to probate is $25,000 or less, a successor can collect it by presenting a written affidavit directly to the institution holding the asset — no court filing required. Requirements:
- At least 40 days have passed since the date of death
- No probate proceeding is pending in Nevada
- The declarant is entitled to receive the property
- Real estate is not eligible for the §146.070 affidavit — only personal property
Path 2 — Summary Administration / Set-Aside (NRS 146.080)
If the entire estate is $100,000 or less and it passes to the surviving spouse or minor children, you can petition the District Court for a Set-Aside order without full administration. The court can issue the order without a full probate proceeding — much faster than regular probate.
Path 3 — Full Probate (NRS Title 12)
Full District Court probate is required when the estate exceeds the set-aside threshold, involves real estate that doesn't pass via joint tenancy or trust, or is contested. Most Nevada probate runs 4–9 months — faster than California due to the shorter 90-day creditor period.
Nevada's Community Property Rules
Nevada is a community property state. All property acquired during the marriage (other than gifts or inheritance) is owned 50/50 by both spouses. Key implications for probate:
- The surviving spouse already owns their half of all community property — only the deceased's half goes through probate
- The deceased's separate property (owned before marriage, or received as gift/inheritance) goes through probate in full
- Community property with right of survivorship passes automatically to the surviving spouse — no probate needed
Clark County (Las Vegas): The Probate Commissioner
Clark County handles most Nevada probate (Las Vegas metro area has ~70% of the state's population). The Clark County District Court uses a Probate Commissioner — a court-appointed officer who handles routine probate matters without requiring a full judge hearing. This typically makes scheduling faster than other Nevada counties.
If you're filing in Clark County, download forms from the Clark County Probate Division. Washoe County (Reno) uses its own District Court Probate Division — forms at washoecourts.com.
Nevada Intestacy: Who Inherits Without a Will?
| Surviving Relatives | Who Inherits (NRS 134) |
|---|---|
| Spouse only (no children, no parents) | Spouse inherits all separate property and community property |
| Spouse + children from that marriage | Spouse gets all community property; separate property split between spouse and children |
| Spouse + children not from that marriage | Spouse gets half of separate property; children share the other half |
| No spouse — children only | Children share equally |
| No spouse, no children | Parents, then siblings, then next of kin |
The 12-Step Nevada Probate Process
Determine Which Path Applies
Personal property ≤ $25,000? Use §146.070 affidavit. Total estate ≤ $100,000 to spouse/minor children? Consider set-aside. Otherwise, full probate. Also check for assets passing via trust, joint tenancy, or named beneficiary — those skip probate entirely.
Get Organized
Create a dedicated estate Gmail. Set up a tracking spreadsheet. Order 3–5 certified death certificates. Forward the deceased's mail. Notify Social Security, the VA (if applicable), and other benefit agencies immediately to stop payments and prevent overpayments.
Locate the Will
The Will names the executor and controls distribution. Nevada law requires the Will to be filed with the District Court of the county where the deceased resided, but unlike California there is no strict 30-day statutory deadline for filing outside of a pending probate proceeding.
Apply for an Estate EIN
Apply at IRS.gov — receive your EIN immediately online. You'll need it to open the estate bank account and file the federal Form 1041 estate income tax return (if the estate earns income). Nevada has no state income tax filing requirement.
Open an Estate Bank Account
Use the deceased's bank if possible. Bring your EIN and death certificate. All estate funds — incoming and outgoing — flow through this account. Never co-mingle estate funds with your personal money.
File the Petition for Probate with the District Court
File the Petition for Probate, original Will, and certified death certificate with the District Court in the county where the deceased was domiciled. In Clark County, file with the Probate Commissioner's division. Pay the filing fee ($270–$400). Receive your hearing date.
Publish Notice and Attend the Initial Hearing
Publish Notice to Creditors in a newspaper of general circulation in the county once per week for 3 consecutive weeks. Attend the initial hearing; receive your Letters Testamentary (request 3–5 certified copies). The 90-day creditor period begins running from the first publication date.
Notify Known Creditors and File Inventory Within 60 Days
Send written notice to all known creditors promptly after appointment. Prepare and file the Inventory and Appraisal with the District Court within 60 days of your appointment. Unlike California, Nevada does not require a court-appointed Probate Referee — you appraise assets yourself, or hire a private appraiser for complex property.
Manage the Estate During the Creditor Period
The 90-day creditor claim period runs from the first publication date. During this period, review all incoming claims, pay validated debts, and manage estate assets. Do not make final distributions until the creditor period closes.
Sell or Transfer Estate Assets
Use authority granted in your Letters Testamentary to sell real property, liquidate investments, and transfer assets. Nevada does not have California's IAEA framework — review court requirements for any real property sales in your county.
File Tax Returns
File the deceased's final federal Form 1040 by April 15 of the year following death. Nevada has no state income tax — no final state return required. If the estate earns income after death, file federal Form 1041 for the estate. No Nevada estate tax applies at any threshold.
File Final Accounting, Distribute, and Close
Prepare a Final Accounting of all transactions. File the Petition for Final Distribution with the court. Mail notice to all beneficiaries. Attend the final hearing; receive the Order for Final Distribution. Distribute assets, obtain signed receipts from all beneficiaries, and close the estate bank account. Retain records for at least 7 years.
Nevada vs. Neighboring Western States
| Factor | Nevada | California | Arizona | Oregon |
|---|---|---|---|---|
| Small estate threshold | $25,000 (personal only) | $184,500 (gross) | $75,000 (personal) / $100,000 (real) | $275,000 (combined) |
| Creditor period | 90 days | 4 months | 4 months | 4 months |
| Inventory due | 60 days | 4 months | 90 days | 60 days |
| State estate tax | None | None | None | $1M threshold; 10–16% |
| State income tax | None | Up to 13.3% | 2.5% | 4.75–9.9% |
| Typical timeline | 4–9 months | 9–18 months | 5–9 months | 6–12 months |
| Community property | Yes | Yes | Yes | No |
Common Mistakes in Nevada Probate
| Mistake | Consequence | How to Avoid |
|---|---|---|
| Using §146.070 affidavit for real estate | Affidavit is void — real estate is not eligible | Use full probate or court set-aside for real property |
| Missing the 60-day inventory deadline | Court may sanction the executor | Start inventory immediately after appointment; file by day 55 |
| Distributing before the 90-day creditor period closes | Personal liability if a late creditor claim emerges | Track the first publication date; wait the full 90 days |
| Filing in the wrong county | Petition rejected; process restarts | File in the county where the deceased was domiciled at death |
| Not filing federal Form 1041 if estate earns income | IRS penalties and interest | Track all estate income (interest, rent, gains) after date of death |
| Skipping the set-aside option for qualifying small estates | Full probate takes 4–9 months unnecessarily | Check NRS 146.080 if estate ≤ $100,000 going to spouse/minor children |
Get the Complete Nevada Probate Guide
Our step-by-step Nevada guide covers all 12 phases, Clark and Washoe County forms, letter templates, the full executor checklist, and the estate accounting tracker — everything to complete Nevada probate without an attorney.
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