PROBATE

Does every estate go through probate in Nevada?

By Steve Lockhart

The short answer

The word probate sounds like it should apply to everyone, but it does not.

Full answer

The word probate sounds like it should apply to everyone, but it does not. Many assets are designed to skip it: a house held in joint tenancy with right of survivorship passes directly to the surviving owner, a house in a living trust passes under the trust, and bank accounts, investment accounts, and life insurance with a named beneficiary go straight to that person.

For what is left, Nevada offers tiers based on the size of the estate. Very small estates made up of personal property can sometimes be handled with an affidavit and no court case. Mid-size estates may qualify for a set-aside without administration or for summary administration, which is a streamlined court process. Larger estates, and any estate whose main asset is a house, generally run through general probate, the full court-supervised process. The dollar limits change from time to time, so confirm the current figures with the probate attorney.

Here is the practical version for families: if the deceased person owned the Las Vegas home in their own name, expect the house to be part of an estate case unless the title already works another way. The probate attorney will tell you which tier applies. My job on the real estate side starts with the same question, because it decides who can sign the listing and when.

A note about legal guidance: Steve is a licensed Realtor, not an attorney or a tax advisor. Probate, estate, and related tax questions involve Nevada law and IRS rules, and the specifics of your situation deserve a review with a probate attorney and a CPA who know your case.

Go a little deeper

Frequently asked

Questions people often follow up on

Does a bank account with a beneficiary avoid probate?

Yes. Accounts with a payable-on-death or transfer-on-death beneficiary pass directly to the named person and are not part of the probate estate. The same is true for life insurance and retirement accounts with a valid beneficiary designation.

Do small estates really skip the court?

Some do. Nevada provides procedures such as a small estate affidavit for limited personal property and a set-aside process for modest estates, which avoid full administration. The limits are specific, so the attorney should confirm the exact amounts that apply when your case is filed.

What makes a house require probate?

A house titled only in the deceased person's name cannot be transferred without authority, which is what probate provides. If the title was held jointly, in a trust, or with a beneficiary deed, the house may pass outside probate instead.

The Lockhart Method

Your Home | My Strategy | Proven Results

My strategy: sort the title first, then plan. A quick review of how the home is titled, with your attorney's help, tells us whether we are running a full probate, a streamlined case, or no case at all, and that single fact sets the entire timeline for the family.

Schedule a Consultation