Nevada Probate Court

Probate is the legal process of administering a deceased person's estate by validating a will, paying debts, and settling property to beneficiaries. The probate process in Nevada is different from other states in that there is both a simplified process for small estates and a more typical process for complex estates. For example, Nevada allows estates with a total value under certain limits to forego the lengthy court process through either the use of affidavits or through summary administration.

How the Probate Process Works in Nevada

To begin the probate process, a petition is submitted to the District Court where the deceased person lived. The court then confirms if a valid will exists. If one is found, it proceeds to appoint the executor designated in the document. In cases where there is no will, the court will appoint a personal representative. Then, the representative is responsible for notifying heirs and creditors, filing an inventory of the estate, paying debts and taxes, and distributing the remaining assets.

Nevada offers the following three levels of probate depending on the value of an estate:

• Affidavit of Entitlement: A simplified process for estates worth less than $25,000 (or $100,000 if the claimant is a surviving spouse).
• Summary Administration: A less formal but more efficient legal procedure used for estates valued under $300,000.
• General Administration: A formal probate process required for estates exceeding $300,000.

While summary administration may conclude in about six months, general probate may last a year or more.

What Are the Costs of Probate in Nevada?

Initiating the probate process can involve certain costs, like filing fees, publication costs, and payment for the individual serving as executor. A probate case in Nevada often begins with court filing fees that can range from $200 to $500, with the final cost determined by the total value of the estate. Under the Nevada Revised Statutes (NRS) 150.060, attorneys are permitted to charge fees that are a percentage of the estate’s total value, such as 4% on the first $100,000, 3% on the next $100,000, and 2% on the next $800,000. With these structured percentages in place, Nevada’s probate costs are more predictable than in other states.

Types of Probate Cases in Nevada

Nevada probate matters generally fall into these categories:

• Testate Probate: The estate’s assets are distributed according to the instructions outlined in a valid will.
• Intestate Probate: Assets are distributed according to Nevada’s specific law of inheritance.
• Affidavit of Entitlement: A simplified process available for small estates.
• Summary Administration: Provides a more efficient way to administer mid-sized estates.
• General Administration: A standard probate for large estates or contested matters.

Nevada Probate Court Forms and Filing Instructions

Both the Nevada Judiciary website and local District Court Clerks provide access to probate forms. These forms are essential for navigating the probate process. Typical forms used to initiate probate include petitions for probate, applications for summary administration, inventories, and accountings. Since requirements differ by county, individuals should confirm filing procedures with the appropriate clerk’s office.

How Nevada Probate Courts Work at the County Level

In Nevada, probate cases are generally handled by the District Courts. While all courts adhere to statewide laws, it is important to recognize that each county maintains its own unique filing procedures and local rules. The following list details the District Courts in ten most populous counties within the state:

• Clark County District Court (Las Vegas) – This court has the busiest probate division, with online case search and e-filing options.
• Washoe County District Court (Reno) – This court offers comprehensive probate guidelines and self-help resources.
• Lyon County District Court (Yerington) – Handles both summary and general administration cases.
• Elko County District Court – Probate filings are processed through the District Court Clerk’s office.
• Douglas County District Court (Minden) – Provides probate support for both testate and intestate matters.
• Nye County District Court (Pahrump) – Offers local probate services that are particularly suited for rural estate cases.
• Carson CityDistrict Court – This court’s probate filings are managed by the First Judicial District Court clerk.
• Churchill County District Court (Fallon) – This court permits the e-filing of most legal documents, including those related to probate cases.
• Humboldt County District Court (Winnemucca) – This court’s caseload is smaller than in more populous regions.
• White Pine County District Court (Ely) – Probate procedures follow the state’s Uniform Probate Code framework.

How to Search Probate Records in Nevada

Probate records, which are maintained by the District Clerk in each county, contain important information like the decedent’s name, executor or personal representative, case number, list of heirs, and estate inventories. Many counties, including Clark and Washoe, provide online case search portals, while others require in-person requests. Additionally, certified copies of probate documents can be obtained for a fee. Nevertheless, some records, particularly those that are sealed, are inaccessible to the public due to their confidential nature.