Probate in Nevada: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Nevada, family can collect up to $25,000 by affidavit 40 days after death, or $150,000 for a surviving spouse, if there is no Nevada real estate. Estates up to $150,000 can be set aside by a court, and up to $500,000 can use summary administration. Nevada has no estate or inheritance tax.

When someone dies in Nevada, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Nevada offers several shortcuts, and it raised its small estate limits in 2025. This page covers each one, plus who inherits if there is no will, and how a home can pass without court. It is part of our state-by-state estate planning guides. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Nevada?

Yes, if the estate fits. Nevada has three tiers, and all three were amended in 2025. Older articles online likely show lower figures.

Item	Affidavit (no court)	Set aside without administration	Summary administration
Limit	$25,000 gross, or $150,000 if the surviving spouse collects it	$150,000, net of liens	$500,000 gross, after encumbrances
Real estate?	Not allowed if there is any Nevada real property	Allowed	Allowed
Earliest start	40 days after death	Petition no sooner than 30 days after death	When the court orders it
Court involved?	No	Yes, a petition and order	Yes, a shortened administration
Source	NRS 146.080	NRS 146.070	NRS 145.040

The affidavit limit doesn't count military pay owed or registered motor vehicles. The person signing it must state that debts, funeral costs and any amount owed to Medicaid have been paid or provided for. They must also give written notice, by personal service or certified mail, to everyone with an equal or higher right, at least 14 days earlier. A death certificate is attached.

With the set-aside, if there is a surviving spouse or minor child, the court must set the estate aside for them, generally free of creditors.

Who inherits if there's no will?

Nevada is a community property state, and that shapes everything (NRS 123.250). A surviving spouse already owns half of the community property. With no will, the other half goes to the spouse too.

Separate property follows a different path (NRS 134.040). The spouse does not automatically get all of it:

Spouse and one child: half to the spouse, half to the child.
Spouse and more than one child: one-third to the spouse, two-thirds to the children.
Spouse, no children, parents living: half to the spouse, half to the parents.
Spouse, no children or parents: half to the spouse, half to brothers and sisters.
Spouse and none of those relatives: all to the spouse.

With no spouse, everything goes in this order (NRS 134.090):

Your children equally, with grandchildren taking a deceased child's share.
Your parents equally, or the surviving parent.
Your brothers and sisters, and the children of any who died.
Your next of kin in equal degree.

Half-siblings inherit the same as full siblings (NRS 134.160). If there is no kin at all, the estate goes to the state for education (NRS 134.120).

Notice that friends never appear on this list. If you want a friend, a charity or the neighbor who walks your dog to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Nevada calls the executor a "personal representative." If there is a will, the court appoints the person it names, if qualified (NRS 138.010).

Without a will, the order is (NRS 139.040):

Surviving spouse.
Children.
Grandchildren.
Other descendants.
A parent.
A brother or sister.
Any other relative who inherits.
The public administrator.
Creditors.
Other relatives within the fourth degree.
Any qualified person, for good cause.

Anyone with priority may nominate a Nevada resident or a qualified bank to serve in their place. A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

It depends on whether there is a will. An executor named in a will can live anywhere; Nevada's qualification statute has no residency bar for an individual (NRS 138.020).

Without a will, a nonresident can't be administrator on their own. They must serve alongside a Nevada resident or a bank authorized in Nevada as co-administrator (NRS 139.010). That is one more reason to name someone in a will. Bond is up to the court (NRS 142.020).

How long do creditors have?

The personal representative publishes and mails notice to creditors. Creditors must file within 90 days after the mailing or first publication (NRS 147.040). In summary administration, the period is 60 days.

Is there a simpler kind of probate?

Yes. Besides the three small estate tiers, Nevada has the Independent Administration of Estates Act (NRS 143.340). A named executor, or a relative in one of the top seven priority groups, may ask for full or limited authority. With it, most steps happen without court supervision.

Our post on the probate process walks through the steps, and how long probate takes covers timing.

How much is the personal representative paid?

Nevada sets a schedule, used when the will doesn't set the fee (NRS 150.020). It applies to the whole estate accounted for, less liens:

4 percent of the first $15,000.
3 percent of the next $85,000.
2 percent of everything above $100,000.

The court may allow more for extraordinary work, such as selling property or running a business. The attorney is paid separately, with court approval (NRS 150.060). Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes. Nevada calls it a "deed upon death" (NRS 111.655). It passes your home to the people you choose at your death.

What to know:

It must be signed and recorded with the county recorder before your death (NRS 111.671).
The statutory form is notarized (NRS 111.695).
You can revoke it, and it transfers nothing until death.

A living trust is the other common way to keep a home out of court. In Nevada, check one detail: a trust is irrevocable unless the document expressly reserves your right to revoke it (NRS 163.004). That is the opposite of many states. A living trust in Nevada needs to say plainly that you can revoke it. Our posts on revocable vs irrevocable trusts, what a trustee does and how to avoid probate explain the options.

Will my heirs owe Nevada estate or inheritance tax?

No. The Nevada Department of Taxation says no Nevada estate tax filing is required for deaths on or after January 1, 2005 (Estate Tax FAQs). The Nevada Constitution says "No inheritance tax shall ever be levied" (Nev. Const. art. 10, sec. 1).

Which route fits?

Situation	Likely route
Up to $25,000, no Nevada real estate	Affidavit after 40 days
Spouse inherits up to $150,000, no Nevada real estate	Affidavit after 40 days
Up to $150,000, including a home	Court set-aside
Up to $500,000	Summary administration
Home with a recorded deed upon death	Passes outside probate
Larger estate	Full probate, often with independent administration

Here is a typical case, a composite. Linda, 76, lived in Las Vegas and never married. Her condo had a recorded deed upon death naming her nephew. Her checking account held about $18,000. Forty days after Linda died, her nephew used the affidavit for the account. The condo passed under the deed. There was no court case.

Members can keep a care plan on file with Kinly, listing where the deed, the accounts and the will are, so whoever settles things isn't hunting through drawers.

Before death, the papers that matter most are your powers of attorney. See our Nevada financial power of attorney guide and Nevada medical power of attorney guide.

Common questions

What is the small estate limit in Nevada?

For the affidavit, $25,000, or $150,000 if the surviving spouse is collecting, with a 40-day wait and no Nevada real estate. A court can set aside estates up to $150,000, and summary administration covers estates up to $500,000.

Does a surviving spouse inherit everything in Nevada?

Not always. With no will, the spouse gets the deceased spouse's half of the community property. Separate property is shared with children, or with parents or siblings if there are no children.

Can someone who lives in another state be executor in Nevada?

Yes, if a will names them. Without a will, a nonresident administrator must serve with a Nevada resident or a Nevada-authorized bank as co-administrator.

Does Nevada have an inheritance tax?

No. The Nevada Constitution bars an inheritance tax, and no Nevada estate tax filing is required for deaths after 2004.

Is a Nevada living trust revocable?

Only if the trust document expressly reserves the right to revoke it. Nevada treats a trust as irrevocable otherwise.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Nevada: the rules, signing and who to namePower of attorney in Nevada is durable by default, but get it notarized: banks must then accept it within set deadlines. How to sign, and who to name.State guidesMedical power of attorney in Nevada: how it works, how to signMedical power of attorney in Nevada: sign with a notary or two witnesses, who you can't name, the living will, and why Nevada has no general default list.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.