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 vs Formal Administration at a Glance
| Category | Summary | Formal | 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 | Summary |
| 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 | Summary |
| 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) | Summary |
| 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 |
Main Nevada Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
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 |
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) |
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 |
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 |
* 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.
Side-by-Side Comparison
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
Set-Aside Without Administration
NRS 146.070
Estates set aside to a surviving spouse and/or minor children without full administration
Summary Administration
NRS 145.040
Mid-size estates that qualify for a streamlined, court-supervised administration
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
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Take the Nevada AssessmentFrequently Asked Questions
What are the main Nevada probate types?
From smallest to largest, Nevada families compare the affidavit of entitlement under NRS 146.080 for personal property of $25,000 or less ($150,000 for a surviving spouse), a set-aside without administration under NRS 146.070 for estates up to $150,000, summary administration under NRS 145.040 for estates up to $500,000, and general administration under NRS Chapters 136 through 151 for estates over $500,000. SB 404, effective October 1, 2025, raised these thresholds.
Does Nevada have a separate probate court?
No. Nevada has no stand-alone probate court. Probate is heard in the District Court for the county where the decedent lived, and the county clerk (the Clerk of the District Court) keeps the case file. Confirm the local filing requirements with the county clerk before filing.
What is the Nevada affidavit of entitlement limit?
Under NRS 146.080, a successor can use an affidavit of entitlement to collect personal property when the gross value of the personal property is $25,000 or less, or $150,000 or less for a surviving spouse, excluding amounts owed on the property. At least 40 days must have passed since the death. The affidavit is presented directly to the asset holder, with no court filing, and it cannot transfer real property.
What is the difference between summary and general administration in Nevada?
Summary administration under NRS 145.040 is a streamlined, court-supervised administration for estates with a gross value of $500,000 or less, with a shorter (60-day) notice-to-creditors period. General administration under NRS Chapters 136 through 151 is the full process for estates over $500,000, with an inventory, a 90-day notice to creditors, accountings, and distribution overseen by the District Court.
How does community property affect Nevada probate?
Nevada is a community property state, so a surviving spouse already owns half of the community property the couple acquired during the marriage. Only the decedent's share generally passes through probate, which can reduce the estate that must be administered and may make a simpler path, such as a set-aside without administration, available.
Important: 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. Filing fees, deposits, copy and certification charges, and local packets vary by county, so confirm the current requirements with the county clerk before filing.
Sources & Verification
Legal Authority: Nevada Revised Statutes Title 12 (Wills and Estates of Deceased Persons), including NRS 146.080, 146.070, 145.040, and NRS Chapters 136 through 151
Last Verified: June 2026
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.
Nevada Legislature (Nevada Revised Statutes). Current official statute text, accessed June 2026.
NRS 146.070, Setting aside estate not exceeding $150,000 without administration
Nevada Legislature (Nevada Revised Statutes). Current official statute text, accessed June 2026.
NRS 145.040, Summary administration; estates not exceeding $500,000
Nevada Legislature (Nevada Revised Statutes). Current official statute text, accessed June 2026.
NRS Chapter 147, Claims Against Estates (notice to creditors)
Nevada Legislature (Nevada Revised Statutes). Current official statute text, accessed June 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.