Nevada Probate Process

When dealing with the unfortunate loss of a loved one, family members are often faced with the daunting task of locating and deciding what to do with deceased person’s (the “decedent’s”) estate and property.  There is a lot of work to be done and the associated tasks may seem incredibly daunting, especially when dealing with the emotional pain of the loss.  

The difficulties may be magnified if your loved one’s estate is subject to the probate process.   To aid those facing these uncertainties, we’ve supplied some general information about probate in Nevada.  

The first section is designed to help you figure out whether a probate may be necessary in your situation.

The second section is a brief overview of the different types, or ‘levels’ of probate in Nevada, and some of the steps each type requires.

Is Probate Necessary?

When meeting with a client who has lost a loved one, this is usually the first question we are asked. We made the following chart to help you figure out if opening a probate may be necessary. 

First, gather information about the decedent’s assets and how they’re held / owned.

Then, match each asset to the columns below:

COLUMN #1COLUMN #2COLUMN #3
Asset Types:Assets owned solely by the decedent with:

– No Co-Owner 
– Real Property held as Tenants-in-Common; &/or
– No Living Named
Beneficiary		Assets owned jointly with a co-owner;

Property titled as “joint tenants w/ rights of survivorship”;

Assets with a designated, surviving beneficiary.		Assets owned by the decedent’s trust;

Assets owned by another entity, with
proper governing documents
(LLCs, Corporations, Partnerships)
 Examples:A checking account solely in the name of “John Doe”

A home owned solely by “John Doe”

A home owned by
“John Doe & George Doe, as Tenants in Common”

An IRA naming a beneficiary who is deceased.		A bank account, titled in
both owners’ names,
such as:
“John & Jane Doe”

A home owned by:
“John + Jane Doe, as
joint tenants w/
rights of survivorship”

An IRA with a named beneficiary who survives the decedent		A home owned by the:
“Doe Family Trust”

An LLC, whose membership is
held by the:
“Doe Family Trust”

A bank account
owned by an LLC,
with proper
governing docs & surviving members
Is
Probate Needed
?		 YES
UNLIKELY… 1
(see Footnote #1)
NO! 2
(see Footnote #2)

If all of the assets fall under Column Two + Column Three (with no other issues), it’s unlikely that probate will be required – however, non-probate estate administration may be needed. 

However, if any of the assets fall under Column One (even if most of the other assets fall under Columns Two/Three), and/or if there are other issues (such as incapacity/death of a joint owner), it’s very probable that the estate will be subject to probate.

Please note that this chart is very general in nature – there are a countless factors that complicate the analysis, so please don’t rely on this chart without consulting with an experienced probate attorney to discuss your specific situation in detail.

The Phillips Ballenger Estate Attorney Team can help demystify and navigate the probate and estate administration process – reach out to learn more!

The (4) Levels of Nevada Probate

If the decedent’s estate is subject to the probate process, there are required steps to be taken in accordance with Nevada law.

There are four different four types, or levels, of probate in Nevada. The estate will fall into one of the four, depending on the aggregate gross value of the decedent’s probate estate. To figure this out, simply add up the gross value of all assets that you think will need to be included in the probate – (see chart above!).

Below, we’ve broken the four types of Nevada probate administrations, along with a general outline of their associated steps.

Within each level, a Personal Representative (sometimes known as an “Executor” in other states) must be appointed by the Probate Court.  This person is tasked with gathering all of the assets and making sure that they are passed to their rightful recipient, or heir. The Personal Representative may also be in charge of making sure that creditors of the decedent are paid.

LEVEL 1 – Estates Under $25,000, without any Nevada Real Estate

This first type of probate process is referred to as an “Affidavit of Entitlement.”  This is the simplest level of probate, and this streamlined process can usually be done simply with the help of an experienced probate attorney.

Notes:

  • You must wait 40 days (after date of death) to start the Affidavit of Entitlement process.
  • If you don’t know what assets your loved one owned (or their value is unknown), then a Petition for a “Special Administration” can be filed with the Probate Court.

LEVEL 2 – Estates Under $100,000

The second type of probate administration is called a “Set Aside” proceeding. Thankfully, minimal court involvement is necessary for this process.

Notes:

  • The estate can be made up of homes, land, and/or personal property.
  • The Set Aside proceeding can begin 30 days after date of passing.

LEVEL 3 – Estates Between $100,000 – $300,000

The third level of probate is referred to as a “Summary Administration”.  This process is more complicated than the first two levels in that it requires certain procedures for providing Notice to Creditors and paying certain creditors’ claims.

LEVEL 4 – Estates Over $300,000

The fourth, and highest, level of probate is referred to as a “General Administration”.  This is the most complex level of probate (and typically takes the most amount of time).

Notes:

  • Requires the most court supervision.
  • Sometimes, the Personal Representative must post a bond (to make sure they don’t handle assets inappropriately- this is often waived if a reputable probate attorney represents you).

Tasks may include:

  • Selling homes/cars/other property
  • Transferring property titles (i.e. homes/cars)
  • Petitioning the court to make funds available to care for dependents of the decedent
  • Noticing creditors
  • Notifying potential creditors + heirs (may include publishing notice)
  • Payment to creditors
  • Payment to heirs/beneficiaries
  • Creation of trusts called for under the decedent’s will
  • Payment of federal/state/property taxes
  • Filing estate tax returns

Learn more about Probate in Nevada

Top-Rated Nevada probate attorney, Chris Phillips, helps clients with all types of probate and estate administration cases. If you have questions about your particular situation, or to set up a personalized consultation, let’s meet!

Our Probate Process Nevada Probate Process

  1. NOTES RE: REAL PROPERTY OWNERSHIP TYPES:
    –     Real Property held as “Joint Tenants w/ Rights of Survivorship” typically passes to the survivor outside of probate- however, this can be complicated by the death of more than one owner.
    – If the property records list each owners’ ownership interest (%), it’s a tip-off that the property is held as tenants-in-common – look to the most recently recorded vesting deed for specific details .Jointly held property titled as “Tenants-in-Common” is likely to be subject to the probate process.
    ↩︎
  2. NOTES RE: BUSINESS INTERESTS:
    Make sure to look to the entity’s most recent governing documents to see how the business interest is treated upon an owner’s death. First, you’ll want to learn if the company has a Buy-Sell Agreement in place (not all companies have one).

    – For LLCs, you’ll typically be looking for the LLC’s Operating Agreement + Membership Certificates (or Schedule of Members).

    – For Corporations, you’ll look to its By-Laws + Stock Certificates (or Shareholder Schedule).

    – For Partnerships, look to the Partnership Agreement. ↩︎