After the death of a loved one some families will need probate and others will need trust administration. Our Nevada probate and trust attorney team also works with families proactively to make plans for the future to help avoid probate through estate planning services.
Probate, trust administration, and estate planning are related, but they are not the same. Each serves a different purpose, involves different documents, and carries different responsibilities.
What service do you need? If a person died with assets titled only in their name, probate may be required. If the deceased had a trust, trust administration may be needed instead. If the person is alive and is looking to control how assets are managed and transferred after death, the appropriate focus may be estate planning.
About Probate in Nevada
Probate is the court-supervised process for transferring a deceased person’s assets when those assets do not pass automatically to another person. Probate may be necessary whether the person died with a will or without one.
When a person dies with a will, the estate is considered testate. The will generally identifies who should receive the estate property and who should serve as the personal representative. The court still must admit the will, authorize the representative, and oversee the process when probate is required.
When a person dies without a will, the estate is considered intestate. In that situation, Nevada law determines who inherits. NRS Chapter 134 governs intestate succession, meaning the legal order of inheritance when there is no valid will controlling distribution.
The probate process depends heavily on the net value of the estate. In Nevada, there are four practical levels to consider.
The Four Levels of Probate in Nevada
#1 – Affidavit of Entitlement: $25,000 or Less
For estates valued at $25,000 or less, an Affidavit of Entitlement may allow assets to be transferred without opening a formal probate case.
This is the smallest probate-related procedure. It is generally used when the estate is limited in value and does not require court-supervised administration.
Cost: 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.
This is generally a more streamlined process than summary administration or general administration. It can often be completed in approximately two months, depending on the facts, the court, the assets involved, and whether any disputes arise. This option may be appropriate when the estate is modest in size but still requires a court order to transfer assets properly.
- Cost: Loftus Law handles set-aside matters for a flat fee of approximately $3,700.
- Timeline: Approximately two months.
#3 – Summary Administration: $150,000 to $500,000
For estates valued between $150,000 and $500,000, summary administration may apply.
Despite the name, summary administration is still a formal probate process. It generally requires court filings, appointment of a personal representative, notice to interested parties, creditor claim procedures, asset identification, accounting, and ultimately court approval for distribution.
Summary administration is often the middle category of probate. It is more involved than a set-aside, but less extensive than general administration.
- Cost: Fees for summary administration range from $8,000 to $12,000.
- Timeline: 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 disputes develop during the administration.
#4 – General Administration: Over $500,000
For estates over $500,000, general administration is typically required.
General administration is the most formal level of probate. It is used for larger estates and can involve more significant court supervision, creditor issues, asset management, real estate sales, tax considerations, beneficiary communications, accountings, and distribution procedures.
Because general administration involves larger estates and greater procedural requirements, careful management is important from the beginning.
- Cost: Fees for general administration generally range from $10,000 to $20,000 or more.
- Timeline: Typically nine to 18 months. In some cases, the process may take longer, particularly where the estate includes complex assets, disputes among beneficiaries, creditor claims, litigation, real property, or problems with the will or estate documents.
Assets That May Bypass Probate
Not every asset has to pass through probate. Some assets transfer outside probate because they already have a beneficiary designation or ownership structure that controls where the asset goes after death.
Assets that may bypass probate include:
- IRA accounts with named beneficiaries
- 401(k) accounts with named beneficiaries
- Life insurance policies with named beneficiaries
- Transfer-on-death accounts
- Payable-on-death accounts
- Joint accounts with right of survivorship
- Real property or financial accounts held in a properly funded trust
However, these assets must still be reviewed carefully. A beneficiary designation may be missing, outdated, disputed, or inconsistent with the estate plan. An asset may also appear to avoid probate but still require legal review because of how it is titled.
When Probate Becomes Litigation
Probate litigation can arise when creditors file claims against the estate, beneficiaries disagree over distributions, or someone challenges the validity of a will. Will contests often focus on legal capacity, undue influence, fraud, duress, improper execution, or whether the document truly reflects the decedent’s intent.
Capacity disputes often ask whether the person understood the nature of their property, the effect of the will, and the people who would naturally be expected to inherit. Undue influence claims often ask whether another person improperly pressured or controlled the decedent in a way that affected the estate plan.
When probate becomes litigation, the matter changes. It is no longer only an administrative process. Evidence, witnesses, medical records, financial records, communications, and the history of the family or business relationship may become central to the case.
Loftus Law is prepared to handle probate matters that remain administrative, as well as those that become contested.