Settling an Estate in Nevada
Reviewed by DocDraft Legal Team · Nevada · Last updated August 27, 2026
Nevada has no separate probate court. Estates are filed in the district court of the county where the decedent was domiciled, the state's general jurisdiction trial court, and in Clark County the Eighth Judicial District Court runs a dedicated Probate Department where two probate commissioners hear the filings. What makes Nevada unusual is that it sorts estates into four distinct tracks by dollar value rather than the two or three most states offer: an affidavit of entitlement, a petition to set aside without administration, summary administration, and general administration, each with its own band. Senate Bill 404 raised two of those bands effective October 1, 2025, so the figure that applies depends on when the decedent died. Nevada is also a community property state, which changes what the surviving spouse already owns before probate begins, and it imposes no state estate tax and no inheritance tax.
Find out where you stand in Nevada
Where are you in settling the estate?
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Is probate required for every estate in Nevada?
No. Community property with right of survivorship, joint tenancy, payable on death accounts, a recorded deed upon death, life insurance and retirement plans with a living beneficiary, and trust assets pass outside probate. Nevada also offers an affidavit of entitlement and a set aside petition that resolve smaller estates without a full administration.
Which court handles probate in Nevada?
Nevada has no separate probate court. Estates are filed in the district court of the county where the decedent lived, Nevada's general jurisdiction trial court. In Clark County the Eighth Judicial District Court runs a dedicated Probate Department where two probate commissioners hear filings and disputes; Washoe County uses the Second Judicial District Court.
What is the small estate threshold in Nevada?
Nevada has two small estate routes. An affidavit of entitlement under NRS 146.080 covers estates under $25,000, or under $150,000 when the surviving spouse claims, and it cannot be used if the decedent owned real property. A petition to set aside under NRS 146.070 reaches estates under $150,000 and does cover real property.
How long does probate take in Nevada?
It depends on the track. An affidavit of entitlement needs only forty days from the date of death and no court filing. A set aside is decided at a single noticed hearing. Summary administration runs a sixty day creditor window, and general administration runs ninety days from first publication, so many take six to twelve months.
Four value bands, one district court, and no death tax
Most states give families two or three ways through an estate. Nevada gives four, and the dollar value of the estate decides which one applies. The smallest track is the affidavit of entitlement under NRS 146.080, available forty days after the death, with no court filing at all: the successor signs a notarized affidavit and presents it to the bank or transfer agent. Under NRS 146.080 the ceiling is under $25,000, rising to under $150,000 where the surviving spouse is the claimant, and the value of vehicles is not counted toward the limit. The critical limit is that the affidavit is unavailable if the decedent owned real property, so a homeowner's estate is out immediately. That estate goes to the second track, a petition to set aside without administration under NRS 146.070, which reaches estates under $150,000 and does cover a house or land. It is a single petition, set for hearing on notice, and the court can order the estate distributed without appointing anyone to administer it. Above that sits summary administration under NRS Chapter 145, raised by Senate Bill 404 to estates not exceeding $500,000 for deaths on or after October 1, 2025. Everything larger is general administration. The creditor window follows the track: under NRS 147.040 claims must be filed with the clerk within ninety days after first publication of the notice to creditors, but that period is reduced to sixty days where summary administration is granted under Chapter 145. Nevada is one of nine community property states, so the surviving spouse's half of the community is already the spouse's own and is not the decedent's to give away. Nevada imposes no state estate tax and no inheritance tax.
Relevant Laws
NRS Chapter 136 (Probate of wills and issuance of letters)
The administration backbone for a Nevada estate. It governs delivery of the will to the clerk of the district court, the petition to admit the will, proof of the will, and the issuance of letters testamentary or letters of administration that give the personal representative authority to act. Related chapters cover the powers and duties of the representative, the inventory and appraisal, sales of estate property, and the final accounting.
NRS Chapter 146 and NRS 145.020 (Small estates and summary administration)
NRS 146.080 allows transfer of assets by affidavit of entitlement forty days after death for an estate under $25,000, or under $150,000 where the surviving spouse is the claimant, and it is not available where the decedent owned real property. NRS 146.070 lets the district court set aside an estate under $150,000 without administration, and that route does reach real property. NRS 145.020 opens summary administration for estates not exceeding $500,000 for deaths on or after October 1, 2025.
NRS 147.040 (Claims: limit on time for filing)
Requires a creditor to file a claim with the clerk within ninety days after the first publication of the notice to creditors under NRS 155.020, or within ninety days after mailing where notice was required to be mailed. The ninety day period is reduced to sixty days where summary administration is granted under NRS Chapter 145. A claim not filed in time is barred, subject to a narrow exception for a creditor who had no notice of the administration.
NRS Chapter 134 (Succession)
Controls who inherits when there is no will. Because Nevada is a community property state, the surviving spouse's half of the community is not part of the estate at all, and the chapter then directs the decedent's half of the community and the decedent's separate property among the spouse and descendants.
Regional Variances
Nevada estate value bands and the track each one selects
Under $25,000, or under $150,000 for a surviving spouse, and no real property
Affidavit of entitlement under NRS 146.080. Signed before a notary at least forty days after the date of death and presented directly to the holder of the asset, with no court filing, no personal representative, and no bond. The value of vehicles is not counted toward the limit. Unavailable if the decedent owned land, a home, or a timeshare, which disqualifies most homeowner estates.
Under $150,000, real property included
Petition to set aside without administration under NRS 146.070, filed in the district court of the county of domicile. The clerk sets the petition for hearing and the petitioner gives notice to heirs, devisees, and the Department of Health and Human Services. The court can order the estate set aside without appointing a representative. Raised from $100,000 by Senate Bill 404 for deaths on or after October 1, 2025.
Not exceeding $500,000
Summary administration under NRS Chapter 145. Letters issue and a representative is appointed, but most of the regular proceedings and notices are waived, and the creditor filing period under NRS 147.040 drops from ninety days to sixty. Raised from $300,000 by Senate Bill 404 for deaths on or after October 1, 2025. Bond is set by the district court.
Over $500,000
General administration in the district court. Full notice, publication, inventory and appraisal, court approved sales where required, and a final account. Creditors have ninety days from the first publication of the notice to creditors under NRS 147.040. This is the only track with the complete set of procedural checkpoints, and it is where contested estates land regardless of size.
Nevada deadlines, courts, and spousal rules
Creditor claims by track
Ninety days after first publication of the notice to creditors in a general administration, reduced to sixty days where summary administration is granted under NRS Chapter 145, both under NRS 147.040. A creditor entitled to mailed notice files within ninety days after the mailing, or within thirty days after mailing where notice went out under subsection 5 of NRS 155.020, whichever period is later.
Where the file sits
The district court of the county of domicile, not a standalone probate court. Clark County's Eighth Judicial District Court operates a Probate Department in which two probate commissioners review probate and trust filings, conduct hearings, and adjudicate disputes. Washoe County matters go to the Second Judicial District Court, which publishes its own probate packets and forms.
Inventory and appraisal
The personal representative files an inventory and appraisal of the estate with the district court within sixty days of appointment. Appraisal is required for assets that are not cash or cash equivalents. Summary administration waives many notices but not the inventory requirement, so the duty survives the shortened track.
Community property and the spouse
Nevada is a community property state. The surviving spouse already owns half of the community outright, so only the decedent's half plus separate property is administered. Nevada therefore has no elective share against the will. Where there is a surviving spouse or minor children, NRS 146.070 lets the court set the estate aside without paying creditors except as needed to prevent a manifest injustice.
Suggested Compliance Checklist
Fix the date of death and check it against October 1, 2025
Immediately days after startingSenate Bill 404 raised the NRS 146.070 set aside ceiling to $150,000 and the NRS 145.020 summary administration ceiling to $500,000 effective October 1, 2025, and the increases are not retroactive. A death before that date is measured against the earlier figures. Establish the date of death before valuing anything, because it decides which set of bands applies.
Total the estate and place it in one of the four Nevada bands
Weeks 1-3 days after startingAdd up only what passes through the estate, excluding joint tenancy and community property with right of survivorship, payable on death accounts, a recorded deed upon death, and trust assets. Then test the total against the affidavit, set aside, summary administration, and general administration bands in order, and confirm separately whether the decedent owned any real property.
Sign the affidavit of entitlement or file the set aside petition
40 days after death for the affidavit days after startingIf the estate is under $25,000, or under $150,000 with the surviving spouse claiming, and there is no real property, wait the full forty days and sign the affidavit of entitlement before a notary. If there is a house or land, prepare a petition to set aside under NRS 146.070 for the district court instead, since the affidavit route is closed to real property.
Publish the notice to creditors and calendar the claim deadline
Promptly after letters issue days after startingPublish the notice to creditors in a newspaper in the county and mail it to known creditors. Record the first publication date and calendar ninety days from it under NRS 147.040, or sixty days if the district court granted summary administration under NRS Chapter 145. Do not distribute anything to beneficiaries before that date passes and allowed claims are paid.
File the inventory and appraisal within sixty days of appointment
Within 60 days of appointment days after startingPrepare and file the inventory and appraisal of the estate with the district court within sixty days of appointment, with appraisals for assets that are not cash or cash equivalents. Identify separately what is community property and what is the decedent's separate property, because only the decedent's half of the community is part of the estate to be administered.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Fix the date of death and check it against October 1, 2025 | Senate Bill 404 raised the NRS 146.070 set aside ceiling to $150,000 and the NRS 145.020 summary administration ceiling to $500,000 effective October 1, 2025, and the increases are not retroactive. A death before that date is measured against the earlier figures. Establish the date of death before valuing anything, because it decides which set of bands applies. | - | Immediately |
| Total the estate and place it in one of the four Nevada bands | Add up only what passes through the estate, excluding joint tenancy and community property with right of survivorship, payable on death accounts, a recorded deed upon death, and trust assets. Then test the total against the affidavit, set aside, summary administration, and general administration bands in order, and confirm separately whether the decedent owned any real property. | - | Weeks 1-3 |
| Sign the affidavit of entitlement or file the set aside petition | If the estate is under $25,000, or under $150,000 with the surviving spouse claiming, and there is no real property, wait the full forty days and sign the affidavit of entitlement before a notary. If there is a house or land, prepare a petition to set aside under NRS 146.070 for the district court instead, since the affidavit route is closed to real property. | small-estate-affidavit | 40 days after death for the affidavit |
| Publish the notice to creditors and calendar the claim deadline | Publish the notice to creditors in a newspaper in the county and mail it to known creditors. Record the first publication date and calendar ninety days from it under NRS 147.040, or sixty days if the district court granted summary administration under NRS Chapter 145. Do not distribute anything to beneficiaries before that date passes and allowed claims are paid. | - | Promptly after letters issue |
| File the inventory and appraisal within sixty days of appointment | Prepare and file the inventory and appraisal of the estate with the district court within sixty days of appointment, with appraisals for assets that are not cash or cash equivalents. Identify separately what is community property and what is the decedent's separate property, because only the decedent's half of the community is part of the estate to be administered. | asset-inventory | Within 60 days of appointment |
Frequently Asked Questions
Nevada is a community property state, so property acquired by either spouse during the marriage generally belongs to both in equal undivided shares. The surviving spouse's half is already the spouse's own and never enters the estate. Only the decedent's half of the community, plus the decedent's separate property, is administered. Because of that, Nevada does not use the elective share that common law states rely on to protect a disinherited spouse.
Yes. A personal representative who hands assets to beneficiaries before the NRS 147.040 claim period closes and before allowed claims are paid can be surcharged personally for the shortfall, because the money is then in the beneficiaries' hands rather than the estate's. The disciplined sequence is publish, wait out the ninety day or sixty day window, resolve claims, then distribute. An attorney can help with claims that are disputed rather than simply late.
No. Senate Bill 404 raised the set aside ceiling and the summary administration ceiling effective October 1, 2025, and the increases are not retroactive. For a death before that date the earlier figures govern, which means an estate that would qualify for a set aside today may still need a summary or general administration. Confirm the date of death before choosing a track, rather than the date of filing.
Nevada sets executor compensation by statute rather than leaving it to the will. NRS Chapter 150 provides a graduated percentage of the value of the estate accounted for, with the percentage stepping down as the estate grows, and the district court can allow further compensation for extraordinary services such as selling real property or defending litigation. Attorney fees are also subject to court approval. Compensation is taxable income to the representative.
No. Nevada imposes neither a state estate tax nor an inheritance tax, and it has no state income tax, so the only death tax exposure for a Nevada estate is federal. The estate still has to file the decedent's final federal income tax return, and a fiduciary income tax return if the estate earns income during administration. Real property held in another state may be exposed to that state's death tax.
Other Nevada guides
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