Probate in Nevada

Overview

Nevada does not follow the Uniform Probate Code and handles probate through its District Court system. As a community property state, assets acquired during marriage are jointly owned, which affects estate distribution. Nevada significantly increased its probate thresholds in 2025 through SB 404, raising the summary administration limit to $500,000 and set-aside without administration to $150,000. The state has no estate or inheritance tax.

Key Facts

• Governing Law: Nevada Revised Statutes, Chapters 132-156 (Estates)
• Court: District Court
• Small Estate Threshold: $25,000
• Typical Timeline: 6 to 12 months for standard estates; summary administration may be faster
• Follows UPC: No

What Makes Nevada Unique

• Tiered Affidavit Thresholds — Nevada provides different small estate affidavit thresholds depending on the claimant: $25,000 for general heirs and $150,000 for surviving spouses, reflecting the state's strong spousal protection policies.
• Set Aside Without Administration — Estates valued at $150,000 or less can be set aside to the surviving spouse or minor children without formal administration, bypassing the full probate process entirely.
• SB 404 Threshold Increases (2025) — Effective October 1, 2025, Nevada dramatically increased key thresholds: surviving spouse affidavit from $100,000 to $150,000, set aside from $100,000 to $150,000, and summary administration from $300,000 to $500,000.
• Community Property State — Assets acquired during marriage are jointly owned. The surviving spouse automatically owns their half, and only the decedent's half goes through probate.
• No Estate or Inheritance Tax — Nevada imposes no state estate tax and no inheritance tax, keeping transfer costs lower for beneficiaries.

Probate Process Steps

1. File petition for probate with the District Court in the county of decedent's residence
2. Court hearing to appoint executor or administrator and admit will to probate
3. Post bond if required (may be waived by will or court order)
4. Publish notice to creditors in a newspaper of general circulation
5. Inventory and appraise all estate assets within 60 days of appointment
6. Send notice to known creditors within 30 days of appointment
7. Allow creditor claims period (90 days from first publication of notice)
8. Pay valid debts, taxes, and administrative expenses
9. File final accounting with the court
10. Petition for distribution and court order closing estate

Costs & Fees

Fee Structure: Nevada does not have a statutory fee schedule. Attorney fees are based on reasonable compensation. Court filing fees and publication costs vary by county, with Clark County (Las Vegas) generally having higher fees. Summary administration reduces overall costs significantly.

Typical Attorney Fees: $2,500 – $7,000 for simple estates; $5,000 – $15,000+ for complex estates

Non-Lawyer Fees: $400 – $2,000 including court filing fees ($250–$350), publication costs ($150–$400), certified copies, and bond premiums if required

Summary administration (estates under $500,000) significantly reduces attorney fees and court costs. The set-aside procedure (under $150,000) is even more economical. Community property classification can reduce the probatable estate and associated costs.

Frequently Asked Questions