Nevada Probate Guide

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No state income tax. No estate tax. And a shorter creditor period than most states. Nevada is one of the most executor-friendly states in the country.

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Nevada Probate at a Glance

Nevada probate is handled by the District Court in the county where the deceased lived. Nevada has no state income tax and no estate tax, and offers several simplified paths for smaller estates. Clark County (Las Vegas) uses a Probate Commissioner for routine matters — often making the process faster than a standard judge hearing.

Small Estate Affidavit
Personal property ≤ $25,000; wait 40 days
Set-Aside (No Admin)
Estate ≤ $100,000 to spouse/minor children
Probate Court
District Court (county of domicile)
Creditor Notice Period
90 days from first publication
Typical Filing Fee
$270–$400 (varies by county)
NV Estate Tax
None
NV Income Tax
None
Inventory Due
Within 60 days of appointment

Three Paths — Which One Applies?

Small Estate Affidavit — NRS 146.070

If the deceased's personal property (not real estate) is worth $25,000 or less, a successor can collect those assets by presenting a signed affidavit to banks and institutions. No court filing required. You must wait at least 40 days after death.

Set-Aside Without Administration — NRS 146.080

If the total estate value (less liens) does not exceed $100,000 and the estate is passing to a surviving spouse or minor children, you can file a simple petition to have the estate set aside — no full administration required. Much faster and cheaper than full probate.

Full Probate (District Court)

Required when the estate exceeds $100,000, includes real estate not covered by the set-aside procedure, or passes to someone other than a spouse or minor children. Filed in the District Court of the county where the deceased lived.

Clark County (Las Vegas): Most routine probate petitions in Clark County are reviewed by the Probate Commissioner — a dedicated judicial officer who handles straightforward cases without requiring you to appear before a full judge. This often speeds up the process significantly compared to other Nevada counties.

The 14 Steps of Nevada Probate

  1. Determine if probate is required — Affidavit, Set-Aside, or full probate?
  2. Organize essential information — dedicated email, tracking spreadsheet, forward mail
  3. Handle household bills & memberships — cancel services; address any timeshares
  4. Notify government agencies — Social Security, Nevada PERS, VA
  5. Obtain death certificates & the Will — get 3–5 certified copies
  6. Apply for an Estate EIN — IRS.gov, instant online, free
  7. Open an estate bank account — all estate funds flow through here
  8. Appraise real estate & personal property — date-of-death valuations
  9. File the probate petition — District Court; ask about Probate Commissioner (Clark County)
  10. Notify creditors & file Inventory — publish notice 3 weeks; file Inventory within 60 days
  11. Manage & distribute assets — pay debts after 90-day period; distribute per Will
  12. File taxes — final 1040 only; no Nevada state returns required
  13. Close the estate — Final Account and Petition for Final Distribution
  14. Court forms guide — Clark County and Washoe County forms with field instructions

What Makes Nevada Probate Different

No State Income Tax, No Estate Tax

Nevada is one of the most tax-friendly states for estates. No state income tax means no Nevada state return to file for the estate — just federal. No estate tax at any level means more of the estate goes to beneficiaries.

90-Day Creditor Period

Nevada's creditor claim period is 90 days from first publication — shorter than Oregon's or California's 4 months. Start publication as soon as you receive your Letters Testamentary to start the clock running.

County-Level Forms

Nevada probate forms are managed at the county level, not statewide. Clark County (Las Vegas) and Washoe County (Reno) each have their own form packages. The guide covers both counties with field-by-field instructions.

Timeshare note: Nevada has more timeshares per capita than almost any other state. If the deceased owned a timeshare in Las Vegas or elsewhere, contact the resort company immediately — maintenance fees continue to accrue, and failing to act can result in ongoing estate obligations.

Frequently Asked Questions

What are Nevada's simplified probate options?
Nevada has two: the Small Estate Affidavit (personal property only, $25,000 or less, wait 40 days — NRS 146.070) and the Set-Aside Without Administration ($100,000 or less, passing to surviving spouse or minor children — NRS 146.080). Both are significantly faster and cheaper than full probate.
Does Nevada have an estate tax or income tax?
No to both. Nevada has no state estate tax and no state income tax. The estate only needs to file federal returns (Form 1040 final, and Form 1041 if the estate earned income). This makes the tax side of Nevada probate much simpler than most states.
How does probate work differently in Clark County (Las Vegas)?
Clark County uses a Probate Commissioner — a specialized judicial officer who reviews routine probate petitions without requiring a full judge hearing. Many straightforward petitions are approved on the papers without you needing to appear in open court. This is one of the reasons Clark County probate can move faster than other Nevada counties.
How long does Nevada probate take?
Most cases take 6–12 months. Nevada's 90-day creditor period is shorter than most states, which helps compress the timeline if publication starts promptly after appointment.
Where do I file probate in Nevada?
In the District Court of the county where the deceased was domiciled. Clark County: clarkcountycourts.us/divisions/probate. Washoe County: washoecourts.com/probate. For other counties, call the county District Court clerk.

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