Nevada Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | No separate probate court. Probate is a docket inside the District Courts, the state's courts of general jurisdiction, organized into 11 judicial districts and filed with the Clerk of the District Court |
| Filing venue | Proper in any district court in the State, subject to a convenience objection that weighs where the decedent resided and where any real property sits. In practice, file in the county where the decedent lived (NRS 136.010) |
| Statewide forms | No. Nevada has no statewide mandatory probate form set. Self-service packets come from the Civil Law Self-Help Center and nvcourts.gov |
| Small-estate affidavit threshold | $150,000 if the claimant is the surviving spouse, $25,000 for any other claimant, with no Nevada real property in the estate (NRS 146.080; effective October 1, 2025 per S.B. 404 (2025)) |
| Set-aside without administration threshold | Estate not exceeding $150,000; real property may be included (NRS 146.070; effective October 1, 2025 per S.B. 404 (2025)) |
| Summary administration threshold | Gross value after deducting encumbrances not exceeding $500,000 (NRS 145.040; effective October 1, 2025 per S.B. 404 (2025)) |
| Statutory waiting period | 40 days from the date of death for the small-estate affidavit (NRS 146.080); set-aside proceedings may not begin until at least 30 days after death (NRS 146.070) |
| Base filing fee | $72 where the stated estate value is more than $2,500, and no fee where it is $2,500 or less (NRS 19.013), plus mandatory county add-ons, so the total varies by county. Verified July 2026 |
| Creditor claim window | 90 days after first publication or mailing of the notice to creditors (NRS 147.040), reduced to 60 days when summary administration is granted |
| State inheritance tax | None |
| State estate tax | None. The only Nevada estate tax (NRS Chapter 375A) is a pick-up tax tied to a former federal credit and computes to zero for deaths after December 31, 2004 |
| Community property | Yes (NRS Chapter 123). Community property with right of survivorship and property held in joint tenancy with right of survivorship pass outside probate |
Before you begin — know the assets and liabilities
Nevada's most common probate misstep is opening a court file before the family knows what the estate holds and how it is titled. The path that fits, whether a small-estate affidavit, a set-aside without administration, summary administration, or general administration, turns on the gross value of the estate and, critically, on whether any Nevada real property is involved. The small-estate affidavit under NRS 146.080 is unavailable if the decedent left any real property, interest in real property, or mortgage or lien on real property in Nevada, so confirming the real-estate picture first often decides the whole approach.
Before filing anything with the Clerk of the District Court, identify every asset (bank and credit-union accounts, brokerage and retirement accounts, life insurance, real estate, vehicles, business interests, and unclaimed property) and every debt. Identify how each asset is titled, because community property with right of survivorship and property held in joint tenancy with right of survivorship pass outside probate entirely. Only then is it possible to choose the correct path and estimate the fees. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles probate
Nevada has no separate probate court and no surrogate or register of wills. Probate is one docket inside the District Courts, the state's courts of general jurisdiction, which are organized into 11 judicial districts covering all 17 county-equivalents. The filing office is the Clerk of the District Court. Venue is proper in any district court in the State (NRS 136.010); an interested person may object on convenience grounds, in which case the court weighs, in priority order, where the decedent resided at death and where the decedent owned real property. In practice, file in the county where the decedent lived.
Two metropolitan districts run dedicated probate programs. In Clark County (Eighth Judicial District), most routine, uncontested matters are heard by a Probate Commissioner who makes recommendations to the district judges, contested matters go before a district judge, and e-filing is mandatory through Odyssey eFileNV. In Washoe County (Second Judicial District), a probate department handles these matters and e-filing runs through the court's own eFlex portal, not Odyssey. In the remaining rural districts, probate is heard on the general district-court docket, there is no dedicated probate department or public e-filing portal, and filing is on paper at the Clerk of the District Court.
The probate process
- Identify and value all assets and debts, and confirm how each asset is titled. Determine whether the estate holds any Nevada real property, because that decides whether the small-estate affidavit is available and which administration path fits.
- Choose the path. Up to $150,000 for a surviving spouse, or $25,000 for any other claimant, with no Nevada real property, the small-estate affidavit (NRS 146.080) may transfer assets with no court filing. Up to $150,000, a set-aside without administration (NRS 146.070) may close the estate without full administration. Up to $500,000 gross after encumbrances, summary administration (NRS 145.040) shortens the process. Above $500,000, general administration applies.
- For administration, file a petition for letters testamentary (with a will) or letters of administration (intestate) with the Clerk of the District Court in the county where the decedent lived. In Clark County, file through Odyssey eFileNV; in Washoe County, file through eFlex; in rural counties, file on paper at the clerk's counter.
- Pay the filing fee. The statewide base is $72 where the stated estate value is more than $2,500, and no fee where it is $2,500 or less (NRS 19.013), plus county add-ons, so confirm the current total with the clerk.
- Publish and mail notice as required (NRS 155.020), and give notice to creditors so the claim window can run.
- Attend the hearing. In Clark County, the Probate Commissioner hears most routine, uncontested matters and makes recommendations to the district judge; elsewhere a district judge hears the petition.
- Receive letters testamentary or letters of administration, the personal representative's certified proof of authority. A special administrator may be appointed for interim needs before general letters issue.
- Marshal the assets, prepare an inventory and appraisement, and honor the creditor claim window: 90 days after first publication or mailing (NRS 147.040), reduced to 60 days under summary administration.
- Pay valid debts and taxes, then account to the court, distribute the remaining assets, and close the estate.
Types of probate
Nevada offers four statewide paths. All three value thresholds below were raised by Senate Bill 404 (2025) and apply to probates filed on or after October 1, 2025.
| Path | When used | Threshold | Where filed |
|---|---|---|---|
| Small-estate affidavit (affidavit of entitlement) (NRS 146.080) | Transfers assets with no letters and no probate of the will. Requires that at least 40 days have elapsed since death and that the decedent left no Nevada real property, nor any interest therein, nor any mortgage or lien thereon. Amounts due for United States Armed Forces service and motor vehicles registered to the decedent are excluded from the gross-value count. A false affidavit is a felony. | Gross value up to $150,000 if the claimant is the surviving spouse, or up to $25,000 for any other claimant (effective October 1, 2025 per S.B. 404 (2025)) | Presented directly to the asset holder; no court filing |
| Set-aside without administration (NRS 146.070) | The court may set the estate aside without administration by order. Proceedings may not begin until at least 30 days after death. If the estate does not exceed the limit and the decedent left a surviving spouse or minor children, the court must set the estate aside for their benefit, free of creditors' claims except as needed to prevent manifest injustice. Real property may be included. | Estate not exceeding $150,000 (effective October 1, 2025 per S.B. 404 (2025)) | Clerk of the District Court |
| Summary administration (NRS 145.040) | A single combined proceeding that shortens the process, including a creditor window reduced to 60 days (NRS 147.040(4)). The court issues letters to the personal representative. | Gross value after deducting encumbrances not exceeding $500,000 (effective October 1, 2025 per S.B. 404 (2025)) | Clerk of the District Court |
| General administration (NRS Chapters 136 to 151) | Full administration for estates above the summary threshold or that do not qualify for a streamlined path. The court issues letters testamentary or letters of administration; inventory and appraisement, notice to creditors, accounting, and distribution follow. | Gross value above $500,000 | Clerk of the District Court |
Executor duties
Executor duties in Nevada
In Nevada the estate representative is the personal representative: an executor if named in a will, an administrator if the decedent died intestate. A special administrator may be appointed for interim needs. Authority is evidenced by letters testamentary or letters of administration issued by the court.
| Duty | Source | Timing |
|---|---|---|
| Petition for letters and qualify as personal representative | NRS Chapters 136, 138 to 140 | At the opening of administration |
| Publish and mail notice as required | NRS 155.020 | Early in administration, as ordered |
| Give notice to creditors and honor the claim window | NRS 147.010; 147.040 | Claims due 90 days after first publication or mailing, reduced to 60 days under summary administration |
| Prepare an inventory and appraisement of estate assets | NRS Chapter 144 | Early in administration |
| Pay valid debts and taxes in the order the statute sets | NRS Chapter 147; NRS 150.225 to 150.290 | After the claim window and before distribution |
| Account to the court, distribute, and close the estate | NRS Chapters 150, 151 | After debts, taxes, and claims are resolved |
Forms and documents
Probate forms in Nevada
Nevada has no statewide mandatory probate form set. There is no Judicial Council or Administrative Office form packet that every county must use. Clark County (Eighth Judicial District) and Washoe County (Second Judicial District) publish their own local probate forms and checklists on their court websites, and rural counties handle intake at the Clerk of the District Court.
The most complete free self-service resource is the Civil Law Self-Help Center, operated by the Legal Aid Center of Southern Nevada under contract with Clark County. Its probate packets are Clark-focused but are widely used across the state. The Nevada Judiciary and the State Bar of Nevada publish additional plain-language guidance:
| Resource | What it offers |
|---|---|
| Civil Law Self-Help Center, probate (civillawselfhelpcenter.org/self-help/probate) | Introduction-to-probate guides and estate-administration packets, the most complete free self-service probate resource in Nevada |
| Nevada Judiciary self-help (nvcourts.gov) | Self-help resources and the District Courts directory used to find the correct clerk |
| State Bar of Nevada probate brochure (nvbar.org) | A public-information brochure explaining the Nevada probate process in plain language |
Fees
The statewide statutory base fee for filing a petition for letters testamentary, letters of administration, or setting aside an estate without administration is $72 where the stated estate value is more than $2,500, and no fee where the stated value is $2,500 or less (NRS 19.013). On top of that base, each county layers mandatory statutory add-on fees (NRS 19.0302 tiered by estate value, plus other assessments), so the actual total varies by county. There is no single statewide probate filing-fee total beyond the base rule; confirm the current total with the clerk. Verified July 2026.
Clark County (Eighth Judicial District) publishes its own schedule. Its probate tiers, keyed to the stated estate value, are the clearest example of a county total (from the EJDC Official Fees schedule; verified July 2026):
| Item | Amount |
|---|---|
| Petition for letters, stated value $2,500 or less | No fee (NRS 19.013) |
| Petition for letters, stated value more than $2,500 but less than $20,000 | $185.50 |
| Petition for letters, stated value more than $20,000 but less than $300,000 | $284.50 |
| Petition for letters, stated value $300,000 or more | $537.50 |
| Lodging an original will | $18.00 |
| Filing of qualifying powers (issuance of letters) | $15.00 |
The $20,000 and $300,000 brackets in the Clark schedule are NRS 19.0302 fee tiers, not the S.B. 404 procedure thresholds. The $300,000 fee bracket is not the summary-administration cutoff, which is now $500,000 (NRS 145.040). Washoe County and the rural counties layer different county add-ons on the same $72 base, so their totals differ; confirm each county's current schedule with its clerk.
Timeline
- Small-estate affidavit: at least 40 days must pass after death before the affidavit may be presented (NRS 146.080), then the asset holder processes the transfer.
- Set-aside without administration: proceedings may not begin until at least 30 days after death (NRS 146.070), then a single hearing can close a qualifying estate.
- Petition for letters: after the petition is filed and noticed, the court hears it and issues letters testamentary or letters of administration. In Clark County the Probate Commissioner hears most routine matters.
- Creditor claim window: 90 days after first publication or mailing of the notice to creditors (NRS 147.040), reduced to 60 days when summary administration is granted.
- Administration and close: inventory, payment of debts and taxes, accounting, distribution, and closing follow once the claim window has run; general administration of a larger or contested estate takes substantially longer than a summary or set-aside path.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
Community property. Nevada is a community property state (NRS Chapter 123). Community property with right of survivorship and property held in joint tenancy with right of survivorship pass outside probate entirely, so a surviving spouse's half often never enters administration. The mandatory spousal and minor-child set-aside (NRS 146.070) reflects this protective posture.
No separate probate court. Probate is a docket inside the District Courts, not a standalone court. The filing office is the Clerk of the District Court. Clark County runs a Probate Commissioner program with mandatory Odyssey eFileNV; Washoe County has a probate department that uses eFlex; rural counties handle probate on the general docket with paper filing.
Creditor claim window. A creditor must file its claim within 90 days after first publication or mailing of the notice to creditors (NRS 147.040). A specially notified creditor gets 30 days after mailing or 90 days after first publication, whichever is later. The window is reduced to 60 days when summary administration is granted under Chapter 145.
Terminology. The estate representative is the personal representative: an executor if named in a will, an administrator if intestate. A special administrator may be appointed for interim needs. Authority is evidenced by letters testamentary or letters of administration.
No state death tax. Nevada imposes no inheritance tax and no estate tax. The only Nevada estate tax, NRS Chapter 375A, is a pick-up tax equal to the former federal credit for state death taxes under 26 U.S.C. 2011, which was phased out to zero for deaths after December 31, 2004, so no Nevada estate-tax return is due.
Federal estate tax. Nevada has no state estate tax. The federal estate tax applies only to estates above the federal exemption, which is $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually thereafter).
Small-estate alternatives
Nevada offers three ways to settle a smaller estate without full general administration. All three value limits were raised by S.B. 404 (2025) and apply to probates filed on or after October 1, 2025.
| Path | Threshold | Eligibility |
|---|---|---|
| Small-estate affidavit (affidavit of entitlement) (NRS 146.080) | $150,000 for a surviving spouse, $25,000 for any other claimant (effective October 1, 2025 per S.B. 404 (2025)) | At least 40 days have elapsed since death; the decedent left no Nevada real property, interest, mortgage, or lien; and no petition for the appointment of a personal representative is pending or has been granted. Amounts due for United States Armed Forces service and motor vehicles registered to the decedent are excluded from the gross-value count. Presented directly to the asset holder, with no court filing |
| Set-aside without administration (NRS 146.070) | Estate not exceeding $150,000 (effective October 1, 2025 per S.B. 404 (2025)) | Proceedings may not begin until at least 30 days after death. Real property may be included. If the decedent left a surviving spouse or minor children, the court must set the estate aside for their benefit, free of creditors' claims except as needed to prevent manifest injustice |
| Summary administration (NRS 145.040) | Gross value after deducting encumbrances not exceeding $500,000 (effective October 1, 2025 per S.B. 404 (2025)) | A single combined proceeding with a shortened creditor window of 60 days (NRS 147.040(4)); the court issues letters to the personal representative |
Estates above $500,000, or that do not qualify for a streamlined path, proceed by general administration under NRS Chapters 136 to 151.
Recent updates
| Date | Change | Source |
|---|---|---|
| October 1, 2025 | Senate Bill 404 (2025) raised the three small-estate and summary thresholds: the small-estate affidavit surviving-spouse limit rose from $100,000 to $150,000 (NRS 146.080), the set-aside without administration limit rose from $100,000 to $150,000 (NRS 146.070), and the summary administration limit rose from $300,000 to $500,000 (NRS 145.040). Probates filed on or after October 1, 2025 use the new figures. | 2025 Statutes of Nevada, S.B. 404; NRS statutory history (leg.state.nv.us) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Nevada | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | Community property with right of survivorship and property held in joint tenancy with right of survivorship pass to the surviving spouse outside probate. If any solely held assets remain and the estate does not exceed $150,000, the mandatory spousal set-aside (NRS 146.070) can close the estate in a single proceeding, and Nevada imposes no inheritance or estate tax on the spouse's share. | Asset discovery to confirm what is held with survivorship rights versus solely. Packet generation for the set-aside petition. Title and deed guidance for the home. |
| Out-of-state adult child, small estate | If the estate does not exceed $25,000 for a non-spouse claimant and holds no Nevada real property, the child can often collect by small-estate affidavit (NRS 146.080) once 40 days have passed, without traveling to Nevada, whether or not the parent left a will. If the estate exceeds the cap or holds Nevada real property, a set-aside, summary administration, or general administration is filed with the Clerk of the District Court in the county where the parent lived. | Asset discovery to confirm the estate fits the cap and holds no Nevada real property. Packet generation for the affidavit. Coordination when a court filing and local counsel are needed. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate includes real property that must be sold, the small-estate affidavit is unavailable. Summary administration (NRS 145.040) applies if the gross value after encumbrances does not exceed $500,000; otherwise general administration under NRS Chapters 136 to 151. The court issues letters, and the personal representative sells the home during administration. | Asset discovery for the child's accounts and policies. Packet generation for the summary or general administration filing. Referral to a local probate attorney when a sale and accounting are involved. |
Self-help resources
| Resource | What it offers |
|---|---|
| Civil Law Self-Help Center, probate (civillawselfhelpcenter.org/self-help/probate) | Introduction-to-probate guides and estate-administration packets, operated by the Legal Aid Center of Southern Nevada; the most complete free self-service probate resource in Nevada |
| Nevada Judiciary (nvcourts.gov) | Self-help resources and the District Courts directory to find the correct Clerk of the District Court |
| State Bar of Nevada Lawyer Referral Service (nvbar.org) | Attorney referrals statewide, plus the State Bar's public-information probate brochure |
| Legal aid by region | Legal Aid Center of Southern Nevada (Clark and southern Nevada), Washoe Legal Services (Washoe and northern Nevada), and Nevada Legal Services (statewide, including rural counties), for income-qualified families |
| County district court websites | Local forms, checklists, contact information, hours, and, in Clark and Washoe, e-filing portals and probate department pages |
When to hire an attorney
A Nevada attorney is advisable when the estate exceeds the summary administration limit and requires general administration, when a will contest or fiduciary dispute arises, when the estate holds real property that must be sold or business interests that must be valued, when the estate is insolvent or close to it, or when ancillary administration is needed for a non-resident decedent who owned Nevada property. For a small-estate affidavit, a set-aside for a surviving spouse, and cooperative summary administration, many Nevada families complete the process without an attorney. Sunset can connect families to a vetted Nevada probate attorney when the situation requires counsel.
How Sunset helps in Nevada
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Nevada public records for estate settlement to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Nevada real estate, vehicles, business interests, and unclaimed property, and flags how each asset is titled so the family can tell what passes outside probate.
Generate the probate packet. Sunset assembles the estate settlement filing packet for the path that fits, whether a small-estate affidavit under NRS 146.080, a set-aside under NRS 146.070, or summary or general administration filed with the Clerk of the District Court, including the county's local forms for Clark and Washoe.
Find a local probate attorney. When the situation calls for counsel, such as general administration of a larger estate, a will contest, or a real-estate sale, Sunset connects families to a vetted Nevada probate attorney serving the relevant county.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
How long does probate take in Nevada?
A small-estate affidavit requires a 40-day wait after death (NRS 146.080), then asset-holder processing. A set-aside without administration can close a qualifying estate in a single proceeding once 30 days have passed. Summary and general administration run longer because the creditor claim window alone is 60 days under summary administration or 90 days otherwise (NRS 147.040), and general administration of a larger or contested estate takes substantially longer.
How much does probate cost in Nevada?
The statewide base filing fee is $72 where the stated estate value is more than $2,500, and no fee where it is $2,500 or less (NRS 19.013). Each county layers mandatory add-ons, so the total varies. In Clark County the petition-for-letters tiers are $185.50, $284.50, or $537.50 by stated value (verified July 2026). Confirm the current total with the clerk in your county.
Do I need a lawyer for probate in Nevada?
No statute requires an attorney for uncontested probate, and many Nevada families complete a small-estate affidavit, a spousal set-aside, or cooperative summary administration on their own. An attorney is advisable for general administration of a larger estate, will contests, insolvent estates, and real-estate sales.
What is the small-estate threshold in Nevada?
The small-estate affidavit under NRS 146.080 covers estates up to $150,000 for a surviving spouse and up to $25,000 for any other claimant, with no Nevada real property in the estate. These limits took effect October 1, 2025 under S.B. 404 (2025).
Can I use the small-estate affidavit if there is a house?
No. The NRS 146.080 affidavit is unavailable if the decedent left any Nevada real property, or any interest in, mortgage on, or lien on real property in Nevada. When real property is involved, the family uses a set-aside without administration (if it qualifies), summary administration, or general administration instead.
How do I avoid probate in Nevada?
Community property with right of survivorship, property held in joint tenancy, payable-on-death and transfer-on-death accounts, and assets in a living trust pass outside probate. Small estates with no Nevada real property can transfer by the NRS 146.080 affidavit. Sunset's asset-discovery work surfaces which assets are probatable and which already pass outside probate.
What if there is no will?
The estate is intestate. The court appoints an administrator and issues letters of administration, and the estate is distributed under Nevada's intestacy statutes. Small intestate estates may still qualify for a small-estate affidavit or a set-aside without administration.
What are letters testamentary and letters of administration?
They are the court's certified proof of the personal representative's authority. Letters testamentary are issued to an executor named in a will; letters of administration are issued to an administrator when there is no will. A special administrator may be appointed for interim needs before general letters issue.
Does Nevada have an inheritance or estate tax?
No. Nevada imposes neither an inheritance tax nor an estate tax. The only Nevada estate tax (NRS Chapter 375A) is a pick-up tax tied to a former federal credit that phased out to zero for deaths after December 31, 2004. The federal estate tax applies only above the federal exemption, which is $15 million per individual for deaths in 2026.
Which court handles probate in Nevada?
Nevada has no separate probate court. Probate is a docket inside the District Courts, filed with the Clerk of the District Court in the county where the decedent lived (NRS 136.010). Clark County uses a Probate Commissioner and mandatory Odyssey eFileNV; Washoe County has a probate department using eFlex; rural counties file on paper.
What is summary administration in Nevada?
Summary administration under NRS 145.040 is a streamlined, single combined proceeding available when the gross value of the estate after deducting encumbrances does not exceed $500,000 (effective October 1, 2025). It shortens the creditor claim window to 60 days (NRS 147.040(4)).
How long do creditors have to file a claim?
Creditors have 90 days after the first publication or mailing of the notice to creditors (NRS 147.040). A specially notified creditor gets 30 days after mailing or 90 days after first publication, whichever is later. The window is reduced to 60 days when summary administration is granted.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.