What Type of Probate Do I Need in Nevada?
In Nevada, probate comes in different forms. The types of Nevada probate vary. The type needed depends upon the assets involved and the value of the estate. Not each asset individually, but the total combined value of the assets that need to go through the probate process.
Some assets do not require probate. To learn about the assets that avoid probate, click here.
Levels of Nevada Probate:
Small Estate Affidavit:
This is also referred to as an “Affidavit of Entitlement” or a “40-Day Affidavit.” It cannot be used until 40 days after the death of the decedent.
If the total asset value is less than or equal to $25,000 plus vehicles, and does not include real estate, you may use a Small Estate Affidavit to transfer ownership of the assets to the proper beneficiary. Use of the Affidavit of Entitlement is not allowed if real property is involved.
If you are the surviving spouse, this Small Estate Affidavit may used for assets totaling $100,000 or less.
You must wait at least 40 days from the decedent’s death to use this method of transferring title.
Set Aside Without Administration:
A set aside proceeding requires a petition of the district court, but is not a true probate administration. Rather, only one petition and hearing is typically required. An order of the Court is received which transfers, or “sets aside,” the assets to the beneficiaries entitled to the estate without a regular probate procedure.
But to use this procedure, one of two conditions must be met:
- The estate property value must not exceed $100,000. To determine this limit, you look at the net value of the estate. So if real estate is involved, you get to deduct the mortgage.
- Under a 2021 change to Nevada law, if the decedent has done estate planning, having a living trust and pourover will, the court may set aside the estate assets not in the trust even if the estate is valued over $100,000.
It should also be noted that the court can set aside the estate and disregard any debt of the decedent if the beneficiaries are a surviving spouse or minor children.
Once the value of the assets exceeds $100,000, a probate proceeding is opened. If the value of assets subject to probate is greater than $100,000 but the estate does not exceed $300,000, then a Summary Administration is the type of probate proceeding that may be used. This shortens the time required for the Notice to Creditors period from 90 days to 60 days.
If the probate estate is over $300,000, a full administration is required. This means you publish the full 90 day Notice to Creditors and provide an extra notice that is not needed for a summary administration. A copy of the death certificate will be needed to begin the probate.
After the personal representative is appointed to administer the estate, the probate process involves a series of filings and publications. Currently (as of 2022), the probate proceedings in Clark County, are very slow. The office of the probate commissioner for the Eighth Judicial District Court is very backed up.
Ancillary Probate Administration:
When the decedent does not live in Nevada, but dies owning real property there, the property must go through probate in Nevada. Another state’s probate court does not have jurisdiction over real property in Nevada.
If the value of the decedent’s real estate located in Nevada exceeds $100,000, a probate proceeding in Nevada is required and the type of probate process would either be a summary or full administration as explained above.
If the value of the entire estate is less than $100,000, taking into consideration encumbrances, or there is a valid pourover will, then the set aside procedure described above may be used.
Usually the ancillary proceeding in Nevada is started after the probate is commenced in the state where the decedent was a resident at the time of death.
If you are not sure which probate procedure applies to your situation or how to avoid probate altogether for your own estate, call now for a free consultation. One of our Nevada probate attorneys will be able to walk you through the process.
Phone (702) 894-4110.