Nevada
Settling a small estate in Nevada
Nevada publishes two procedures that let an ordinary person close a small estate without hiring anybody. Most people never find out they exist, and most of what is written about them online is now out of date. Here is what the current forms actually say.
The three routes, and which one an estate falls into
Nevada sizes an estate by what passes through it. Anything with a named beneficiary or a joint owner — life insurance, most retirement accounts, a payable-on-death account, a jointly titled house — passes outside the estate and does not count toward these limits. Mortgages and liens come off the top.
Affidavit of Entitlement
NRS 146.080
- Size
- Up to $25,000 — or $150,000 if you are the surviving spouse
- Wait
- 40 days after the death
- Court
- No court at all
- A house
- Cannot move a house
- Form
- Clark County FORM 303
Set Aside Without Administration
NRS 146.070
- Size
- Up to $150,000, after subtracting what is owed against the property
- Wait
- 30 days after the death
- Court
- One hearing
- A house
- Can transfer a house
- Form
- Clark County FORM 105, or FORM 104 where there is a will
Summary Administration
NRS Chapter 145
- Size
- Above $150,000
- Wait
- —
- Court
- Court-supervised throughout, up to 18 months
- A house
- Yes
- Form
- Clark County publishes none — the self-help centre says hire an attorney
What SB 404 changed
Every Clark County probate form was reissued within days of the new limits taking effect. If you downloaded a form before October 2025, download it again.
- Affidavit, general
- $20,000 $25,000
- Affidavit, surviving spouse
- $100,000 $150,000
- Set aside without administration
- $100,000 $150,000
The affidavit — no court at all
For an estate under $25,000 with no real property, NRS 146.080 lets the person entitled to inherit simply swear an affidavit and present it to whoever holds the asset. No petition, no filing fee, no judge. A surviving spouse gets a higher ceiling — $150,000 — which is the single most useful thing on this page, because it keeps a great many widowed people out of court entirely.
You wait forty days from the date of death. The affidavit itself swears that forty days have elapsed, so signing it early is signing a false statement, and the form says in terms that filing a false affidavit is a felony.
Two things catch people out. It cannot move a house — the form excludes real property and any lien on it. And if anyone has an equal or better claim than yours, you must give them written notice and wait a further fourteen days before presenting it, so send that early rather than discovering it at the bank.
The set-aside — one hearing, and it can move a house
NRS 146.070 lets the court hand an entire estate to the people entitled to it without opening an administration. It covers estates up to $150,000 after subtracting mortgages and liens, and unlike the affidavit it can transfer real property: the signed order is itself the document that moves the title.
You wait thirty days, then file a petition. There is one hearing, usually brief, before the Probate Commissioner. No executor is appointed and nothing continues afterwards.
Who gets what depends on who survived. If there is a surviving spouse or any minor child, NRS 146.070(3) gives them the whole estate ahead of creditors. Otherwise the estate distributes under NRS 146.070(2), with the funeral bill, Medicaid and the creditors paid before anyone inherits. Which of those applies is the paragraph the Commissioner reads hardest.
Who has to be told
Improper notice is the most common reason a probate hearing is postponed. The court cannot grant a petition without being satisfied that everyone entitled to object was told.
- Every heir and devisee, at their current address — the petition asks you to write "UNKNOWN" rather than guess.
- Every creditor you listed, secured and unsecured.
- Medicaid Estate Recovery, at 9850 Double R Blvd, Ste 200, Reno NV 89521 — whether or not the person was ever on Medicaid, and whether or not anything is owed. It is preprinted on the form for a reason.
If you genuinely cannot identify or locate someone, NRS 155.020 requires notice by publication — once a week for three weeks, with the last one at least ten days before the hearing. Ask the clerk for a later hearing date if you know that is coming.
Filing it in Clark County
Petitions go to the Eighth Judicial District Court. The clerk's office is on the third floor of the Regional Justice Center, 200 Lewis Avenue, Las Vegas. The clerk writes your hearing date onto the Notice of Hearing when you file — you leave that blank — and probate hearings are held in the same building at 9:30 a.m.
A self-represented petitioner has to attach a copy of current photo identification showing their current address. A licence with an old address on it will not do, and it is an odd thing to be turned away for.
If the estate includes a house, the order is not the end. You record it with the county recorder, which needs a Declaration of Value — and real property transfer tax runs at $2.55 for every $500 of value unless an exemption applies. Ask the Recorder's audit division before you claim one; a disallowed claim costs ten per cent of the tax plus one per cent a month.
Questions people ask
What is the small estate limit in Nevada?
It depends which route you take. The affidavit under NRS 146.080 covers estates up to $25,000, or up to $150,000 if the person claiming is the surviving spouse — but it cannot move real property. The set-aside under NRS 146.070 covers estates up to $150,000 after deducting mortgages and liens, and it can include a house. Above $150,000, Nevada uses summary administration. These figures changed on 1 October 2025 when SB 404 took effect; guides still quoting $20,000 and $100,000 are out of date.
How long after someone dies can you file?
For the affidavit route, forty days from the date of death — the affidavit itself swears that forty days have elapsed, so signing it early is signing a false statement. For the set-aside, thirty days. Both count from the date of death, not from when you found the paperwork.
Do you have to go to court for a small estate in Nevada?
Not for the affidavit route. You wait forty days, sign in front of a notary, and present the affidavit directly to whoever holds the asset — the bank, the DMV. Nothing is filed and no judge sees it. The set-aside does need one hearing, usually short, before the Probate Commissioner.
Can you transfer a house without probate in Nevada?
Not with the affidavit — the form says in terms that it does not cover real property or a lien on it. The set-aside can: the signed order is itself the document that transfers title, which you then record with the county recorder. Recording it needs a Declaration of Value, and transfer tax runs at $2.55 for every $500 of value unless an exemption applies.
Where do you file probate paperwork in Clark County?
The clerk's office on the third floor of the Regional Justice Center, 200 Lewis Avenue, Las Vegas. The clerk writes your hearing date onto the Notice of Hearing when you file, and probate hearings are held at the same building at 9:30 a.m.
What happens if there is no will?
Nothing about which procedure you use changes — it changes who inherits. NRS Chapter 134 sets the order of intestate succession: spouse first, then children, and outward from there. The intestate petition is FORM 105; where there is a will it is FORM 104, which adds three paragraphs proving the will is valid.
Is a handwritten will valid in Nevada?
Yes, if the signature, the date and the material provisions are all in the person's own handwriting. Nevada calls that a holographic will and it needs no witnesses at all. It is proved differently from a typed will — the court wants evidence authenticating the handwriting rather than witness affidavits.
What does a probate attorney cost in Nevada, and is one necessary?
Commonly $3,000 to $5,000 for a small estate, which is often a large fraction of the estate itself. For a contested estate, an estate over the simplified limits, a lost will, or anything where someone is threatening to sue, that money is well spent and you should hire one. For an uncontested estate inside the limits, Nevada publishes a procedure designed for people to use themselves.
Do you have to publish a notice in the newspaper?
Only if you cannot identify or locate someone entitled to notice. Then NRS 155.020 requires publication once a week for three weeks, with the last one at least ten days before the hearing — so ask the clerk for a later hearing date if you know you will need to publish. Nevada Legal News and the Las Vegas Review-Journal both take these.
Who has the original will after someone dies?
Whoever holds it has to deliver it to the court clerk. That is free, it is separate from any petition, and the testate petition asks for the date it was filed — so it is the first thing to do rather than something to remember later.
Check any of this yourself
None of the above is legal advice, and you should not have to take our word for a dollar figure. These are the primary sources.
Find out which one fits
Answer a few questions and we will name the procedure your situation qualifies for, its statute, and what it costs — including when the honest answer is that you need an attorney.