Probate Girl

Types of Probate Administration in Nevada

An Estate may or may not need administration to be settled, depending on the estate’s size:

 

• Estates not exceeding $20,000: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets.

  • If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent’s property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred. (aka Small Estate Affidavit) NRS 146.080

• Estates not exceeding $100,000: Petition; notice; fees; distribution of interest of minor.

  • If a person dies leaving an estate the gross value of which, after deducting any encumbrances, does not exceed $100,000, and there is a surviving spouse or minor child or minor children of the decedent, the estate must not be administered upon, but the whole estate, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor child or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even if there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.  NRS 146.070

• Estates of greater than $100,000 and not exceeding $200,000 require an abbreviated summary administration. NRS 145

• Estates above $200,000 require a full administration. NRS

    
Assets subject to probate

 

• The assets subject to the probate administrative process in probate court, or probate assets, are those assets held in solely the decedent’s name at the time of his or her death.

• Probate assets are also those assets that were owned solely by the decedent and that have no provision for an automatic transfer in ownership through succession, once the decedent dies.