How Probate Works in Nevada: Timeline, Costs, and the Set-Aside

Probate is the court-supervised process for transferring a deceased person’s assets when those assets do not pass automatically to someone else. Some estates can avoid probate completely. Some qualify for a simplified procedure. Others require a more formal administration.

In Nevada, the size of the estate often determines which process applies and probate can apply whether the person died with a will or without one. 

The Four Levels of Probate in Nevada

Nevada probate is often discussed in four practical levels based on the net value of the estate.

#1. Affidavit of Entitlement: $25,000 or Less

For very small estates, an Affidavit of Entitlement may allow assets to be transferred without opening a probate case. This process is generally used when the estate is valued at $25,000 or less and does not involve real property.

Because this is the smallest probate-related procedure, it is often handled without formal court administration. Loftus Law does not handle Affidavit of Entitlement matters.

#2. Set-Aside: Under $150,000

For estates under $150,000, a set-aside proceeding may be available. Nevada law allows certain estates not exceeding $150,000 to be set aside without full administration by court order. This is generally a more streamlined process than summary administration or general administration.

The set-aside process can often be completed in approximately two months, depending on the facts, the court, the assets involved, and whether any disputes arise.

Loftus Law handles set-aside matters for a flat fee of approximately $3,700.

For many families, the set-aside is the most practical probate option when the estate is modest in size but still requires a court order to transfer assets properly.

#3. Summary Administration: $150,000 to $500,000

For estates valued between $150,000 and $500,000, summary administration may apply. The Nevada courts identify estates between $150,000.01 and $500,000 as requiring summary administration, and note that attorney assistance is highly recommended for estates in this range.

Despite the name, summary administration is still a formal probate process. It may require court filings, appointment of a personal representative, notice to interested parties, creditor claim procedures, asset identification, accounting, and court approval for distribution.

Fees for summary administration generally range from $8,000 to $12,000.

The timeline is typically seven to eighteen months. The length of the case depends on the assets, creditor issues, court schedule, beneficiary cooperation, whether real estate is involved, and whether any disputes develop during administration.

#4. General Administration: Over $500,000

For estates over $500,000, general administration is typically required. This is the most formal level of probate and is used for larger estates.

General administration can involve more significant court supervision, creditor issues, asset management, real estate sales, tax considerations, beneficiary communications, accountings, and distribution procedures.

Fees for general administration generally range from $10,000 to $20,000 or more.

The timeline is typically nine to eighteen months. In some cases, it can take longer, especially where the estate includes complex assets, disputes among beneficiaries, creditor claims, litigation, real property, or problems with the will or estate documents.

Contact Loftus Law For Probate Assistance

Whether you are the executor of an estate or the beneficiary of a will needing guidance on how to proceed through probate, contact Loftus Law today. Our office puts our clients’ needs first and serves their interests across a range of Nevada probate matters.