When someone dies owning property in their own name, Nevada law usually requires a court process to transfer it. How burdensome that process is depends almost entirely on one number: the value of the estate after deducting liens and encumbrances. Nevada sets four separate thresholds, and which one an estate falls under determines whether the family files an affidavit, a single petition, a streamlined administration, or a full one.
This page explains those thresholds, how Nevada probate works, what it costs under the statutory fee rules, and what a personal representative is responsible for. Our attorneys handle Nevada probate from our Las Vegas office. For a free consultation, call 702-505-4444.
Robert B. Vaksman, Esq.
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Alan D. Khalfin, Esq.
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Does Every Nevada Estate Go Through Probate?
No. Nevada scales the process to the size of the estate. Under NRS 146.080, an affidavit can transfer assets 40 days after death where the decedent left no Nevada real property — up to $150,000 for a surviving spouse or $25,000 for any other claimant. Under NRS 146.070, an estate not exceeding $150,000 may be set aside by court order without administration. Under NRS 145.040, an estate not exceeding $500,000 after deducting encumbrances may qualify for summary administration. Larger estates go through general administration.
Key Takeaways
- Nevada has four tiers, and the applicable one turns on estate value net of liens and encumbrances.
- The affidavit route under NRS 146.080 is unavailable if the decedent left any Nevada real property, regardless of value.
- Summary administration under NRS 145.040 now reaches estates up to $500,000, raised by the Legislature in 2025.
- Under NRS 150.060, an attorney for a personal representative may be compensated hourly, on a statutory percentage of the estate, or by another method the court approves in advance — Nevada does not impose a single mandatory schedule.
- The personal representative’s own commission under NRS 150.020 follows a different and smaller schedule than the attorney percentage option.
Nevada’s Four Probate Tracks
| Track | Statute | Threshold and key conditions |
|---|---|---|
| Affidavit of entitlement | NRS 146.080 | Gross value up to $150,000 for a surviving spouse, or $25,000 for any other claimant. Available 40 days after death. Only where the decedent left no Nevada real property, interest, mortgage or lien. No court appointment needed. |
| Set aside without administration | NRS 146.070 | Estate value not exceeding $150,000. Proceedings may not begin until at least 30 days after death. A single petition; no personal representative appointed. |
| Summary administration | NRS 145.040 | Gross value not exceeding $500,000 after deducting encumbrances. Court-supervised but streamlined; the creditor claim period runs 60 days under NRS 145.060. |
| General administration | NRS Chapters 136–151 | Everything above the summary threshold. Full notice, inventory, creditor claim, accounting, and distribution requirements. |
Two points decide most cases. Nevada real property removes the affidavit option entirely, which is why an otherwise modest estate containing a Las Vegas house goes to court while a larger estate of bank and brokerage accounts may not. And the summary administration figure is measured after deducting encumbrances, so a home with a substantial mortgage may bring an estate under the ceiling even when its market value sits well above it.
Values are measured as of the date of death, so an estate is assessed against the thresholds in effect when the person died — a point that matters given the Legislature raised several of these amounts in 2025.
How Nevada Probate Works
- Petition. An interested person petitions the district court in the county where the decedent lived, asking the court to admit any will and appoint a personal representative.
- Appointment and Letters. The court appoints the personal representative and issues Letters Testamentary where a will names an executor, or Letters of Administration where it does not. Letters are what banks and title companies rely on; being named in a will does not by itself confer authority.
- Inventory and appraisal. The personal representative identifies, secures, and values estate assets, using a court-appointed appraiser where required.
- Notice to creditors. Notice is published and mailed to known creditors, opening the claim period. In a summary administration that period is 60 days under NRS 145.060.
- Claims, debts, and taxes. Claims are allowed, rejected, or contested, and valid obligations are paid from estate assets.
- Accounting and distribution. The personal representative accounts to the court and petitions for distribution of what remains.
A personal representative is a fiduciary. The role carries duties to the estate and its beneficiaries rather than discretion to act freely, and a representative can be held personally responsible for mishandling it. Where a decedent left no will, Nevada’s intestate succession rules under NRS Chapter 134 determine who inherits, and the court appoints an administrator rather than an executor.
What Nevada Probate Costs
Nevada handles this differently from some neighboring states, and the difference works in favor of families with modest estates and valuable homes.
Attorney compensation
Under NRS 150.060, an attorney for a personal representative is entitled to reasonable compensation paid from the estate, and may be compensated based on an hourly rate, on the value of the estate accounted for, or by another method preapproved by the court on request in the initial petition. Where compensation is based on estate value, the statutory schedule is:
| Portion of the estate accounted for | Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | A reasonable amount determined by the court |
The choice of method is the point. Because the percentage schedule is one option rather than a mandate, a straightforward estate holding a single valuable property may cost considerably less on an hourly basis than the percentage would produce. It is a reasonable question to raise at the first meeting with any Nevada probate attorney.
Personal representative commission
Under NRS 150.020, where the will provides no compensation or the representative renounces it, fees are allowed on the whole amount of the estate accounted for, less liens and encumbrances, at 4 percent of the first $15,000, 3 percent of the next $85,000, and 2 percent of everything above $100,000. The court may allow more if that is not sufficient to reasonably compensate the representative, and additional compensation is available for extraordinary services under NRS 150.030.
Beyond these, expect court filing fees, publication costs, appraisal fees, and bond premiums where a bond is required. Nevada also makes contracts for higher compensation than the statute allows void under NRS 150.040.
Probate vs. Trust Administration
Probate is court-supervised and applies to assets that passed through the estate. Trust administration is generally handled by the successor trustee without court supervision, according to the trust’s terms. Families often deal with both at once, when some assets were held in a trust and others were left in the decedent’s own name.
A will does not remove an estate from probate — it directs how the court-supervised process distributes assets. Our Nevada estate planning page covers the tools that bear on how much court involvement a family faces, including trusts, beneficiary designations, and how property is titled.
Do You Need a Probate Attorney in Nevada?
Nevada does not require a personal representative to hire counsel. Most do, because the filings are technical, the fiduciary duties are real, and a representative carries personal exposure for errors.
The fee structure also bears on the decision in a way people often miss. Attorney compensation under NRS 150.060 is paid from the estate rather than from a beneficiary’s pocket, so declining representation does not usually convert that amount into an inheritance. Whether it makes sense in a particular estate depends on its size, whether real property is involved, whether anyone is contesting, and which track the estate falls under. That is worth discussing before anything is filed.
Probate in Las Vegas and Clark County
Probate for a decedent who lived in Clark County is generally filed in the Eighth Judicial District Court, which maintains a probate department with its own procedures and calendar. We serve families across Clark County, including Henderson, North Las Vegas, Boulder City, and Mesquite, as well as Reno, Sparks, Carson City, and Elko.
Two patterns come up repeatedly here. Nevada draws people who relocate late in life, which frequently leaves property in more than one state and raises the question of ancillary proceedings elsewhere. And because the affidavit route closes as soon as Nevada real property is involved, families holding a single home in Las Vegas are often surprised to find themselves in court at all. Details about the office are on our Las Vegas office page.
How We Help
Vaksman Khalfin, PC represents executors, administrators, trustees, and beneficiaries in Nevada, California, and New York. We can assess which of Nevada’s four tracks an estate qualifies for, prepare and file the petition, guide a personal representative through inventory, notice, creditor claims, and accounting, and handle disputes when they arise. Because we also do estate planning, we see how documents drafted years earlier behave when someone finally has to use them.
Our Nevada trusts and estates work is led by Robert B. Vaksman, who is admitted in Nevada and holds a Master of Laws in Taxation from New York University School of Law, together with Alan D. Khalfin. Initial consultations are free. To talk with a Nevada probate attorney, call 702-505-4444 or schedule a consultation. Our Nevada trust and estate overview covers the wider practice, and our Nevada practice page covers our other work in the state.
This page provides general information about Nevada law and is not legal advice; reading it does not create an attorney-client relationship. Every situation is different, and prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed:08/14/2026
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Nevada Probate Frequently Asked Questions
No. Assets held in a trust, held jointly with a surviving co-owner, or governed by a beneficiary designation often pass outside probate. Nevada also scales the process by value: an affidavit under NRS 146.080, a set-aside under NRS 146.070, summary administration under NRS 145.040, or general administration for larger estates.
Under NRS 146.080, the affidavit procedure applies where the gross value of the decedent's Nevada property does not exceed $150,000 for a surviving spouse or $25,000 for any other claimant, at least 40 days have passed since death, and the decedent left no Nevada real property. Under NRS 146.070, an estate not exceeding $150,000 may be set aside without administration.
Under NRS 145.040, a court may order summary administration where the gross value of the estate, after deducting encumbrances, does not exceed $500,000. The Legislature raised this amount in 2025; older published figures of $200,000 and $300,000 reflect earlier versions of the statute.
Under NRS 150.060, an attorney for a personal representative is entitled to reasonable compensation from the estate and may be paid hourly, on a statutory percentage of the estate value, or by another method the court approves in advance. The percentage option runs 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. Because the method is a choice, it is worth asking any attorney which basis they propose.
Under NRS 150.020, where the will provides no compensation, the personal representative receives 4 percent of the first $15,000, 3 percent of the next $85,000, and 2 percent above $100,000, calculated on the estate accounted for less liens and encumbrances. The court may allow more where that is not reasonable compensation, and extraordinary services can be compensated separately.
The affidavit procedure under NRS 146.080 is unavailable where the decedent left Nevada real property or an interest in it. Depending on value, the estate may still qualify for a set-aside under NRS 146.070 or summary administration under NRS 145.040. Property held in a trust or in a form that passes to a surviving co-owner may transfer without probate.
In a summary administration, NRS 145.060 requires creditors to file claims with the clerk within 60 days after notice is mailed to them, or within 60 days after first publication of the notice to creditors. General administration follows the notice and claim provisions applicable to that process.
An executor is named in the will and receives Letters Testamentary. An administrator is appointed by the court where there is no will, or where the named executor cannot or will not serve, and receives Letters of Administration. Both are personal representatives and both need court-issued Letters before acting for the estate.
Nevada's intestate succession rules under NRS Chapter 134 determine who inherits, which may not match what the person would have chosen, and the court appoints an administrator. The estate can still qualify for a summary procedure if it meets the applicable thresholds.
The law does not require one. Most personal representatives retain counsel because of the fiduciary duties involved, the technical filings, and personal exposure for mistakes. Attorney compensation is paid from the estate under NRS 150.060, so declining representation does not usually increase what beneficiaries receive.
