How Probate Works in Nevada

Does Nevada require probate?

Not always. Nevada offers multiple paths to avoid probate depending on who is claiming the assets and how large the estate is. The small estate affidavit threshold is $25,000 for most heirs, but rises to $100,000 for a surviving spouse. Estates valued at up to $75,000 (less exempt property) may also qualify for a simplified set-aside order.

Nevada is a community property state, which means assets acquired during the marriage pass to the surviving spouse more efficiently than in many states.

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What court handles probate in Nevada?

Probate in Nevada is handled by the District Court in the county where the deceased person lived. Nevada's counties each have a District Court. In Clark County (Las Vegas) and Washoe County (Reno), the courts have dedicated probate departments due to higher case volumes.

In rural counties with fewer filings, the same District Court judge who handles civil and criminal cases also handles probate.

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Small estate threshold

Nevada has a tiered threshold depending on who is filing:

• $25,000 for most heirs (personal property, excluding vehicles and real estate).
• $100,000 for a surviving spouse (Nevada Revised Statutes § 146.080).

Requirements for the affidavit:

• At least 40 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The estate value does not exceed the applicable threshold.
• The person filing is entitled to the property under the will or intestate law.

Set-aside for small estates. Estates where the total value, less exempt property, does not exceed $75,000 can petition the court for a summary set-aside order (NRS § 146.070). This court-ordered process is faster and less formal than full probate.

Real estate cannot be transferred by affidavit and requires probate or a deed process.

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Simplified probate options

Nevada does not use the Uniform Probate Code but offers:

Summary administration. Available for estates where the value of property subject to creditors' claims does not exceed the costs of administration plus exempt property. The court can authorize distribution without the full probate process.

General administration. The standard probate process for larger or contested estates. The court appoints a personal representative, and the estate follows a formal timeline for inventory, creditor notice, and distribution.

Independent administration. If the will authorizes it or all heirs consent, the personal representative can manage the estate with reduced court supervision.

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What if there is no will?

When someone dies without a will in Nevada, the estate follows the state's intestate succession laws (NRS § 134.005 et seq.).

Community property:

All community property passes to the surviving spouse. This includes most assets acquired during the marriage, regardless of whose name is on the account.

Separate property (if the deceased was married):

• Spouse, no children. The surviving spouse inherits all separate property.
• Spouse and one child. The surviving spouse receives 50% of the separate property. The child receives the other 50%.
• Spouse and two or more children. The surviving spouse receives one-third of the separate property. The children share the remaining two-thirds equally.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Nevada different?

Community property state

Nevada is one of only nine community property states. Assets acquired during the marriage are owned equally by both spouses. When one spouse dies, their half of the community property passes through the estate, but the surviving spouse already owns their half outright. Community property also receives a full stepped-up cost basis at the first spouse's death.

The $100,000 spousal threshold

Nevada's higher small estate threshold for surviving spouses ($100,000 vs. $25,000 for other heirs) is a significant protection. A surviving spouse can claim a much larger estate by affidavit without opening probate.

No state income or estate tax

Nevada has no state income tax and no state estate or inheritance tax. This simplifies the financial side of estate settlement compared to states that impose their own estate taxes.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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