The are several types of probate and estate proceedings in Nevada:
- General administration
- Summary Administration
- Set aside estate
- Small estate affidavit
- Ancillary probate
The type of Nevada probate proceeding you need depends on the estate assets and the location and type of property that is subject to administration under Nevada law. The different types of proceedings can be used whether or not Decedent had a valid will.
General Probate Administration In Nevada
General administration is the most common probate proceeding in Nevada. A general administration is required when the net value of the estate is greater than $300,000. In a general administration, a personal representative is appointed to administer the estate.
The personal representative can seek to administer the estate under the Independent Administration of Estates Act. The Independent Administration of Estate Act allows a personal representative to do many of the estate administration necessities without a court order or approval.
Summary Administration in Nevada
Summary administration is used for a Nevada probate estate that when the net value of the estate is less than or equal to $300,000. NRS 145.010 to 145.110. A Nevada summary administration is a simplified version of the general probate, with many of the notification requirements and mandatory waiting periods waived.
Nevada Set Aside Estate
A Nevada Set Aside Estate allows a probate estate to be distributed by court order, without administration. A set aside may be used if the net value of the decedent’s estate does not exceed $100,000. NRS 146.070.
Even though a surviving spouse can use a small estate affidavit (see below) for an amount up to $100,000, a set aside estate must be used if real property is involved. A set aside estate also allows the court to distribute the estate to the surviving spouse while excluding creditors.
Small Estate Affidavit
If the net value of the Decedent’s estate is $25,000 or less, and does not include real property, the Nevada small estate affidavit can be used. The persons entitled to the estate assets can present an affidavit claiming the property.
The requirements for the contents of the small estate affidavit are set forth in NRS 146.080. The court does not need to be involved in the process.
If the person entitled to the estate is the surviving spouse, then the small estate affidavit can be used if the net value of the estate does not exceed $100,000. A small estate affidavit requires that all of the decedent’s debts are addressed prior to receipt of the estate assets by those entitled to them. NRS 146.080. If a decedent had a lot of creditors, then an alternative method of Nevada probate should be used.
Nevada Ancillary Probate
An ancillary probate is necessary when a non-resident dies owning real property in Nevada. An ancillary probate will have to be opened to transfer the real property to those entitled to receive it.
