Nevada offers one of the most flexible probate systems in the country, with four tiers of administration based on estate size — from a Small Estate Affidavit for the smallest estates up to General Administration for the largest. Nevada is also a community property state, which affects how assets pass between spouses. This guide walks through every option.
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Does Nevada Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Deed Upon Death (Nevada's name for a transfer-on-death deed), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and community property with right of survivorship for spouses.
Community Property in Nevada
Nevada is one of nine community property states. Most property acquired during marriage is owned 50/50 by both spouses regardless of whose name is on the title. When one spouse dies, the surviving spouse already owns half — only the deceased's half passes through probate.
The Four Tracks of Nevada Probate
- Small Estate Affidavit ($25,000 / $100,000): For personal property up to $25,000 ($100,000 if the claimant is the surviving spouse), with no real property involved. The affidavit can be used 40 days after death and is presented directly to institutions holding the assets — no court filing required. (NRS § 146.080)
- Set-Aside Without Administration (up to $150,000): For estates up to $150,000 in net value, when the decedent is survived by a spouse or minor children. The court issues an order setting aside the estate to the surviving spouse and minor children without full administration. (NRS § 146.070) Typically wraps up in a few months.
- Summary Administration ($100,000–$300,000): Streamlined court administration for mid-size estates under NRS Chapter 145. Includes a shortened creditor claim period and abbreviated procedures.
- General Administration (over $300,000): Full probate administration with court oversight.
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- File a Petition for Probate (or Petition for Set-Aside, Summary, or General Administration) in the District Court of the county where the deceased was domiciled.
- Bring the original will, a certified death certificate, and a list of heirs.
- Attend the hearing — typically scheduled 2–6 weeks after filing.
- If appointed, the District Court issues Letters Testamentary or Letters of Administration.
Nevada's Statutory Personal Representative Compensation
Nevada sets statutory personal representative compensation on a sliding scale under NRS § 150.020:
| Tier | Rate |
|---|---|
| First $15,000 | 4% |
| Next $85,000 (i.e., $15,000–$100,000) | 3% |
| Everything above $100,000 | 2% |
Examples: a $200,000 estate generates approximately $5,150 in commissions. A $500,000 estate generates approximately $11,150. There is no separate lower tier for amounts above $1 million — everything above $100,000 is compensated at the flat 2% rate. If the statutory fee isn't enough to reasonably compensate the personal representative for the actual work involved, the court may allow additional fees. Attorney fees can be charged on the same statutory schedule.
Creditor Claims in Nevada
The personal representative must publish and mail a Notice to Creditors as provided under NRS § 155.020. Under NRS § 147.040, creditors generally have 90 days from the date of first publication (or from the date of required mailing) to file claims with the court clerk. A creditor who receives mailed notice gets the later of 30 days from that mailing or the 90-day publication deadline. This 90-day period is reduced to 60 days if the estate is proceeding under Summary Administration. Claims not filed in time are generally barred.
Pro tip
Nevada's tiered system rewards careful estate planning. If you can get an estate under $150,000 in net value, the Set-Aside procedure can wrap up the entire estate far faster than General Administration — but confirm the current $150,000 threshold with the court, since it has been raised over time and older guidance may cite a lower figure.
Intestacy in Nevada
If there's no will, Nevada's intestacy statutes apply differently to community property versus separate property. The surviving spouse takes all of the community property. For the deceased's separate property (under NRS Chapter 134), the surviving spouse takes 1/2 if there's one child (or that child's descendants), and 1/3 if there are two or more children (or their descendants), with the remainder going to the descendants; if there are no descendants, other relatives may share depending on the family structure.
Nevada Has No State Estate or Inheritance Tax
Nevada has no state estate tax and no inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026. The large majority of Nevada estates owe no estate or inheritance tax of any kind.
You're reading about probate in Nevada. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Nevada may change. Consult a licensed Nevada attorney for guidance specific to your situation.