As long as a person dies owning property that cannot be transferred to a new owner any other way, even an estate of very modest value must go through probate. However, in Nevada, there are several probate options available depending on the value of a decedent’s probate estate.
The Las Vegas probate attorneys at Simplifying Probate explain below the four probate processes and how to determine which type will be required.
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The Four Types of Probate in Nevada and How to Determine Which One Applies
What many people have heard about probate is that it takes a long time and it’s expensive. While it certainly can be true depending on the size and complexity of the estate, it’s not always necessary for a probate to drag on or to deplete the estate of assets intended for heirs.
Nevada has four options for completing the probate process, and the estate’s value determines which is appropriate. Only property that is in the decedent’s name without a designated beneficiary is considered when determining estate value. Property passing directly to a named beneficiary or to a co-owner with survivorship rights does not go through probate and is not part of the value calculation.
The threshold estate value amounts were increased, effective October 1, 2025, by Senate Bill 404.
1. Affidavit of Entitlement
The administration of small estates is governed by Chapter 146 of the Nevada Revised Statutes (NRS). Estates that meet the following requirements can be administered using a properly executed affidavit.
- No real property
- 40 days have passed since the decedent’s death
- All debts settled
- Gross estate value under $25,000 for non-spouse claimants or under $150,000 for a surviving spouse
If the court approves the declarations in the affidavit, it will order the transfer of the property.
2. Set Aside Estate
Qualifying estates can petition the probate court to be ‘set aside’ without administration. The estate will first be assigned to pay legal expenses, last illness and funeral expenses, and all other creditors before the balance can be distributed to other claimants. Requirements to use the set aside are:
- 30 days have passed since the decedent’s death
- Estate value does not exceed $150,000
If the petitioner is a surviving spouse and/or minor children, the court must set aside the entire estate for the benefit of the surviving spouse and children (unless they receive comparable value from non-probate property). Creditors will not be paid unless non-payment would result in ‘a manifest injustice’.
3. Summary Administration
A summary administration is a streamlined version of the general administration probate that must be requested and court-approved. Estate value is the only threshold requirement.
- Gross value of the estate is less than $500,000
For estates qualifying for summary administration, some of the usual probate proceedings and notice requirements are waived.
4. General Administration
In a general administration probate, the court will appoint a personal representative or an administrator who must take possession of and inventory the estate property, notify and pay creditors, and then distribute remaining assets according to a will or intestacy laws (if no will). The personal representative has a duty to close the estate within 18 months after being appointed.
- Gross value of the estate exceeds $500,000
It is not necessary that a decedent have a will to probate an estate. If there is a will, it should be submitted to the probate court within 30 days of a decedent’s death, regardless of the value of the probate estate.
Contact Las Vegas probate administration attorneys at our firm online today.