Our Probate Process: A Guide to Navigating Nevada Probate
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.
Consequently, this process involves significant work, and the tasks can feel overwhelming—especially while coping with the emotional pain of the loss.
Moreover, 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, and our probate process.
- The 1st Section helps you determine whether probate is necessary in your situation.
- The 2nd 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?
As a matter of fact, when we first meet with clients who have lost a loved one, this is usually their top question. Therefore, 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 – how they’re held / owned.
- Second, match each asset to the columns below…
| COLUMN #1 | COLUMN #2 | COLUMN #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 must go through probate, Nevada law requires specific steps.
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!).
📌 Note re: 2025 Updates to the Probate Levels (NRS Title 12):
- NV SB 404 (from the 2025 NV legislative session) became effective on October 1, 2025.
- Notably, this change in the law increased the monetary thresholds for the levels of probate to adjust for inflation.
- This change is not retroactive, so probate cases initiated w/ the Court before 10/1/25 will remain under the previous values.
- Previous Levels (for cases filed prior to 10/01/25 only):
- LEVEL 2 (Set Aside): Estates under $100K (Now under $150K)
- LEVEL 3 (Summary): Estates b/w $100K – $300K (Now $150K – $500K)
- LEVEL 4 (General): Estates over $300K (Now over $500K)
Below, we’ve broken the four types of Nevada probate administrations, along with a general outline of their associated steps.
At each level, the Probate Court appoints a Personal Representative (sometimes called an “Executor” in other states). This individual gathers the decedent’s assets and ensures they pass to the rightful recipients or heirs. The Personal Representative may also be responsible for paying the decedent’s creditors.
LEVEL 1 – Estates Under $25,000, without any Nevada Real Estate | “Affidavit of Entitlement”
The first type of probate process is an “Affidavit of Entitlement.” This option represents the simplest level of probate and can usually be completed efficiently with the assistance of an experienced probate attorney.
If the claimant is the surviving spouse of the decedent, the threshold is increased to $150,000 – see: NRS 146.080(7)(a).
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 $150,000 | “Set Aside”
The second type of probate administration is called a “Set Aside” proceeding. Thankfully, minimal court involvement is necessary for this process.
Additionally, a key update made in 2025 is to NRS 146.070(8)(c). The new law now clarifies that an asset value statement is required only when the set-aside is based on the limit of $150k – not when the assets are intended to be transferred to a non-testamentary trust via a Pour-Over Will.
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 $150,000 – $500,000 | “Summary Administration”
The third level of probate is referred to as a “Summary Administration”. In essence, 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.
Notes:
- See: NRS 145.010 et seq
- 2025 Legislative Updates: linked here
LEVEL 4 – Estates Over $500,000 | “General Administration”
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).
- See: NRS 145.010 et seq
- 2025 Legislative Updates: linked here
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
Read more about Probate in Nevada…
Learn More about Our Probate Process…
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!
- 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.
↩︎ - 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. ↩︎