Nevada Probate Types: Affidavit of Entitlement, Set-Aside, Summary, and General Administration
Nevada probate is heard in the District Court and filed with the county clerk. The path turns on the size of the gross estate: the smallest estates use an affidavit of entitlement, then a set-aside without administration, then summary administration, and finally general administration for larger estates.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Nevada Probate Types
Nevada has no separate probate court. Estates are filed with the county clerk (the Clerk of the District Court) and heard in the District Court for the county where the decedent lived. With a will, the personal representative is the "executor"; without a will, the "administrator". Nevada is a community property state, so a surviving spouse already owns half of the community property, which can shrink the estate that needs to pass through probate.
The path usually turns on the gross value of the estate. The smallest estates can use an affidavit of entitlement for personal property, a set-aside without administration to the surviving spouse or minor children, summary administration for mid-size estates, or general administration for larger or contested estates. SB 404, effective October 1, 2025, raised the Nevada small-estate and summary-administration thresholds.
Use the table below to narrow the question, then confirm the current cost, deposit, and form requirements with the county clerk where the estate will be filed. This page is planning information, not legal advice.
Simplified Path vs Formal Path at a Glance
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| Category | Simplified Path | Formal Path | Winner |
|---|---|---|---|
| Estate size | Affidavit ($25,000, or $150,000 for a spouse), set-aside ($150,000), and summary administration ($500,000) all use a size cap | General administration has no cap and handles estates over $500,000 | Simplified Path |
| Court involvement | The affidavit needs no court filing; set-aside and summary administration are streamlined District Court paths | General administration is full District Court supervision with letters issued to a personal representative | Simplified Path |
| Real property | The affidavit cannot transfer real property; set-aside and summary administration can include it | General administration can address real property through estate authority | Tie |
| Creditor claims | Summary administration uses a 60-day notice-to-creditors period | General administration uses a 90-day notice-to-creditors period (NRS 147.040) | Simplified Path |
| Disputes | The simpler paths are poor fits for contested estates or significant debts | General administration is built for creditors, disputes, and a personal representative with full authority | Formal Path |
Main Nevada Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Affidavit of Entitlement NRS 146.080 | Gross value of personal property $25,000 or less ($150,000 or less for a surviving spouse), excluding amounts owed on the property | No court filing fee for the affidavit itself | 40+ days after death | No | No | Small personal-property estates such as bank accounts, where the gross value fits the cap and no administration is needed |
Set-Aside Without Administration NRS 146.070 | Gross value of the estate $150,000 or less (may include real property) | County-specific filing fee (confirm with the county clerk) | Often weeks to a few months once the petition is set for hearing | Yes | No (often useful) | Estates set aside to a surviving spouse and/or minor children without full administration |
Summary Administration NRS 145.040 | Gross value of the estate $500,000 or less | County-specific filing fee (confirm with the county clerk) | Shorter than general administration; a 60-day notice-to-creditors period applies | Yes | No statewide requirement; recommended for larger or higher-risk estates | Mid-size estates that qualify for a streamlined, court-supervised administration |
General Administration NRS Chapters 136 through 151 | Gross value over $500,000, or any estate that does not qualify for a simpler path | County-specific filing fee (confirm with the county clerk) | Several months to over a year, including inventory and the 90-day notice-to-creditors period | Yes | No statewide requirement; recommended for larger or contested estates | Larger or contested estates that need a personal representative with full authority to inventory, pay creditors, and distribute property |
Affidavit of Entitlement
NRS 146.080
Small personal-property estates such as bank accounts, where the gross value fits the cap and no administration is needed
Threshold: Gross value of personal property $25,000 or less ($150,000 or less for a surviving spouse), excluding amounts owed on the property
Filing Fee: No court filing fee for the affidavit itself
Timeline: 40+ days after death
Real Estate: No
Attorney: No
Set-Aside Without Administration
NRS 146.070
Estates set aside to a surviving spouse and/or minor children without full administration
Threshold: Gross value of the estate $150,000 or less (may include real property)
Filing Fee: County-specific filing fee (confirm with the county clerk)
Timeline: Often weeks to a few months once the petition is set for hearing
Real Estate: Yes
Attorney: No (often useful)
Summary Administration
NRS 145.040
Mid-size estates that qualify for a streamlined, court-supervised administration
Threshold: Gross value of the estate $500,000 or less
Filing Fee: County-specific filing fee (confirm with the county clerk)
Timeline: Shorter than general administration; a 60-day notice-to-creditors period applies
Real Estate: Yes
Attorney: No statewide requirement; recommended for larger or higher-risk estates
General Administration
NRS Chapters 136 through 151
Larger or contested estates that need a personal representative with full authority to inventory, pay creditors, and distribute property
Threshold: Gross value over $500,000, or any estate that does not qualify for a simpler path
Filing Fee: County-specific filing fee (confirm with the county clerk)
Timeline: Several months to over a year, including inventory and the 90-day notice-to-creditors period
Real Estate: Yes
Attorney: No statewide requirement; recommended for larger or contested estates
* Nevada probate is filed with the county clerk (Clerk of the District Court) and heard in the District Court; there is no separate probate court. Filing fees are set by each county clerk and can vary by the size of the estate, so confirm the current fee schedule with the county clerk before filing. The thresholds below reflect the increases under SB 404, effective October 1, 2025.
Unfamiliar terms in the comparison? The Nevada probate glossary defines them in plain language.
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