Common Nevada Probate Mistakes to Avoid

Separate community property from separate property first

Nevada is a community property state (NRS Chapter 123). The surviving spouse already owns an undivided one-half of the community property, so only the decedent's one-half plus the decedent's separate property is subject to administration and distribution (NRS 123.250; NRS Chapter 134).

There is no separate Nevada probate court

Probate is heard in the District Court (the state's general-jurisdiction trial court) for the county where the decedent resided, and filings are made with the County Clerk acting as Clerk of the District Court. There is no separate 'probate court' to look for, and Nevada has no Commissioner of Accounts.

The affidavit of entitlement is for personal property only

The small-estate affidavit under NRS 146.080 collects personal property without opening probate, but only after at least 40 days have passed since death. It does not transfer real estate.

Use the current small-estate numbers, not stale ones

SB 404 of 2025 raised the thresholds effective October 1, 2025: the affidavit limit is $25,000 (general claimant) or $150,000 (surviving spouse) under NRS 146.080, set-aside without administration is $150,000 under NRS 146.070, and summary administration is $500,000 under NRS 145.040.

Deliver the will within 30 days

A person having custody of the will must deliver it to the clerk of the District Court or to the named personal representative within 30 days after learning of the testator's death (NRS 136.050).

Do not distribute before the creditor claim period closes

Wait for the creditor claim window to run from first publication of the notice to creditors before handing assets to heirs or devisees. In general administration creditors have 90 days; in summary administration the period is 60 days (NRS 147.040; NRS Chapter 147).

Calendar the 120-day inventory deadline

The personal representative must file an inventory and appraisement with the court within 120 days after the issuance of letters, unless the court extends the time for good cause (NRS 144.010).

There is no Nevada death tax

Nevada imposes no state estate tax, no inheritance tax, and no probate transfer tax. Only federal estate tax (for very large estates) and ordinary filing fees and costs apply.