Nevada Exempt Property: What Surviving Spouses Can Claim

When someone dies in Nevada, the surviving spouse and minor children do not have to wait for the estate to close, or fight creditors, to keep the basic property a family needs. Nevada law lets the District Court set apart the home and certain personal property to them right away, outside ordinary administration. This is Nevada's version of what other states call exempt property.

This guide explains what counts as exempt (set-apart) property in Nevada, which items qualify under the statute, who can claim them, and how the claim works. Nevada builds this protection from two sources: the set-apart rule in NRS 146.020 and the personal-property exemptions in NRS 21.090. For the wider picture of how this fits with community property and the intestate share, see the Nevada surviving spouse rights guide.

What Is Nevada Exempt (Set-Apart) Property?

Nevada does not use a single flat-dollar exemption the way some states do. Instead, under NRS 146.020, the District Court sets apart to the surviving spouse and minor children two things:

1. The homestead, and
2. All personal property that is exempt from execution under NRS 21.090.

Property set apart this way is not subject to administration and vests directly in the surviving spouse and minor children. It passes to them ahead of most estate claims, and it is in addition to whatever share they take by will or intestacy. It is not an offset against that share.

The second half of the definition points to NRS 21.090, Nevada's list of property that a creditor cannot reach by execution. That statute exempts specific categories of personal property, each subject to a statutory dollar limit. Several of those caps are periodically adjusted by the Legislature, so the current figure for any single item should be confirmed against the current statute rather than assumed. The homestead equity exemption sits in a related statute (NRS Chapter 115) and is currently set at roughly $605,000 in equity, an amount that was adjusted in 2025 and should be reverified before you rely on a specific number.

Because the definition borrows the NRS 21.090 list, Nevada exempt property is a set of categories with caps, not one lump-sum figure. What the family keeps depends on which listed items the decedent owned.

What Qualifies

Under NRS 21.090, the personal property that is exempt from execution, and therefore set apart under NRS 146.020, includes categories such as:

• Necessary household goods, furnishings, and electronics used in the home
• Wearing apparel (clothing)
• A family Bible and library, up to the statutory cap
• The tools, instruments, materials, library, and equipment necessary to carry on the decedent's trade, business, or profession, up to the statutory cap
• One motor vehicle, up to the statutory equity cap, with a higher amount for a vehicle equipped for a person with a disability
• Certain insurance benefits and retirement or pension benefits, when the statutory requirements are met

Each of these carries its own dollar limit in the statute, and several of those limits are adjusted from time to time. Because the caps move, treat the categories above as the reliable framework and confirm the current cap for any item that matters to your situation. Property with a value above its cap is protected only up to the cap, and the excess stays in the estate.

Who Can Claim It

Nevada's set-apart property is for the surviving spouse and minor children. Under NRS 146.020 the District Court sets apart the homestead and the NRS 21.090 exempt personal property to them, and it vests in them outside administration.

• If there is a surviving spouse, the spouse is at the center of the claim, together with any minor children.
• If there is no surviving spouse but there are minor children, the protection runs to the minor children.
• Adult children and other heirs do not claim set-apart property in their own right. The rule is aimed at the spouse and dependent minor children.

If the set-apart property is not enough to support the family during administration, the same chapter allows a separate family allowance under NRS 146.030 and NRS 146.040, discussed below.

How It Differs From the Set-Aside Without Administration and Homestead

Nevada has several protections in the same chapter that are easy to confuse. Here is how set-apart property relates to the two that sit closest to it.

Set-aside of the whole estate without administration (NRS 146.070). This is a small-estate shortcut, not the same thing as setting apart exempt items. When the gross value of the estate does not exceed $150,000 after deducting encumbrances, the District Court can set the entire estate aside to the surviving spouse and minor children without formal administration. Set-apart property under NRS 146.020, by contrast, targets specific exempt categories and can apply in an estate of any size.

Homestead exemption (NRS Chapter 115). The homestead is a creditor exemption on equity in the primary residence, currently around $605,000 and subject to periodic adjustment. It protects the home's value from most creditors but does not by itself decide who inherits the home. Set-apart property under NRS 146.020 can fold the actual homestead in, vesting it in the surviving spouse and minor children, but the two rules come from different statutes and do different jobs.

For how these stack with community property, the family allowance, and the intestate share, see the Nevada surviving spouse rights guide.

Priority Over Creditors

The whole point of set-apart property is that it moves ahead of most estate claims. Property set apart under NRS 146.020 is not subject to administration, so general creditors do not reach it, and the surviving spouse and minor children take it before the ordinary claims process runs its course.

The related family allowance carries an even more explicit priority. Under NRS 146.040, a family allowance must be paid before all other charges except funeral expenses, expenses of the last illness, and expenses of administration.

The protection is strong but not unlimited. The NRS 21.090 exemptions and the NRS Chapter 115 homestead have statutory exceptions for things like valid taxes, a voluntary security interest, and support orders. So a purchase-money loan against a specific vehicle, or a deed of trust on the home, is still enforced against that particular asset even though the item is otherwise exempt. Set-apart property shields the family's basic property from general creditors, not from a valid lien on the very thing being claimed.

How to Claim It

Set-apart property is determined by the District Court as part of estate administration, on petition. The general path looks like this:

1. Sort and value the property. Identify the homestead and the personal property that falls into the NRS 21.090 categories, and note any liens, so the court can see what is exempt and by how much.
2. File a petition to set apart property. Use the Nevada District Court probate forms for a petition to set apart property (and, if support is needed, for a family allowance). The estate runs through the District Court of the county where the decedent lived, with papers filed at the office of the County Clerk who serves as Clerk of the District Court.
3. Notice and any objection. An interested person may contest the petition. If the request is straightforward, the court can set the property apart without a drawn-out fight.
4. Court order. The District Court orders the homestead and exempt personal property set apart. It vests in the surviving spouse and minor children outside administration.
5. Transfer of title where needed. For a vehicle, retitling still runs through the Nevada DMV with the estate documentation, and the court order supports the transfer.

Nevada does not fix a single statewide deadline for a set-apart petition in statute, so confirm the procedural timing with the District Court, and ask early. The family allowance in particular has high payment priority, which matters most in the first weeks.

Waiving Exempt Property Rights

A surviving spouse can give up these rights, and can also simply choose not to claim them.

By agreement. Spouses can waive or modify property and inheritance rights, including set-apart and allowance rights, through a valid written premarital or marital agreement. Such a waiver generally must be in writing, entered voluntarily, and supported by fair disclosure of each spouse's finances. Independent counsel is worth considering before signing one.

By choice. A surviving spouse who does not need a particular item does not have to claim it. Property that is not set apart stays in the estate and passes under the will or intestacy. A spouse might decline to claim an item, for example, to let it pass to a child under the will.

Frequently Asked Questions

Is Nevada exempt property a fixed dollar amount?

No. Nevada does not use one flat cap. Under NRS 146.020 the District Court sets apart the homestead and the personal property that is exempt under NRS 21.090, and each NRS 21.090 category has its own statutory limit. What the family keeps depends on which listed items the decedent owned and the current cap for each.

Can creditors reach set-apart property?

Generally no for ordinary creditors. Set-apart property under NRS 146.020 is not subject to administration and passes to the surviving spouse and minor children ahead of most claims. A valid lien on a specific item, like a car loan or a deed of trust on the home, is still enforced against that item, and statutory exceptions exist for certain taxes and support orders.

Who can claim exempt property in Nevada?

The surviving spouse and minor children. If there is no surviving spouse, the protection runs to the decedent's minor children. Adult children and other heirs do not claim set-apart property in their own right.

How is this different from the small-estate set-aside?

The set-aside without administration (NRS 146.070) is a small-estate shortcut that can pass the whole estate to the spouse and minor children when the gross value does not exceed $150,000. Set-apart property (NRS 146.020) targets specific exempt categories and can apply in an estate of any size.

Related Guides

• Nevada Surviving Spouse Rights
• Nevada Intestate Succession
• Nevada Small Estate Affidavit
• Nevada Executor Duties
• Nevada Probate Guide

---

Sources

• Title: NRS 146.020, Setting apart homestead and exempt property. Publisher: Nevada Legislature. Publication Date: Current official code, accessed 2026-06-30. URL: https://www.leg.state.nv.us/nrs/nrs-146.html
• Title: NRS Chapter 146, Support of Family; Small Estates (including NRS 146.030 and NRS 146.040 family allowance, NRS 146.070 set aside without administration, NRS 146.080 affidavit collection). Publisher: Nevada Legislature. Publication Date: Current official code, accessed 2026-06-30. URL: https://www.leg.state.nv.us/nrs/nrs-146.html
• Title: NRS 21.090, Property exempt from execution. Publisher: Nevada Legislature. Publication Date: Current official code, accessed 2026-06-30. URL: https://www.leg.state.nv.us/nrs/nrs-021.html
• Title: NRS Chapter 115, Homesteads (NRS 115.010 exemption amount). Publisher: Nevada Legislature. Publication Date: Current official code, accessed 2026-06-30. URL: https://www.leg.state.nv.us/nrs/nrs-115.html

This guide is general information about exempt and set-apart property in a Nevada estate. Dollar caps under NRS 21.090 and the homestead exemption are adjusted from time to time, and local District Court practice differs by county, so confirm the current figures and procedure with the County Clerk acting as Clerk of the District Court or a licensed Nevada attorney. It is not legal advice.