After a death in Nevada

Small estates

Affidavit of entitlement (NRS 146.080): if the decedent left no real estate in Nevada and the gross value of the property, not counting registered vehicles, is $25,000 or less ($150,000 or less if the surviving spouse is the one claiming), heirs can collect it with an affidavit 40 days after death. Set aside (NRS 146.070): a judge can set aside an estate of $150,000 or less without full probate. Summary administration (NRS 145.040): a shorter court probate for estates up to $500,000. These higher limits took effect October 1, 2025 (SB 404) for cases filed on or after that date.

• Limit: $25,000 ($150,000 if the claimant is the surviving spouse); $150,000 set aside; $500,000 summary administration
• Waiting time after the death: 40 days
• Source: the official source

Probate court

In Nevada, estates are handled by the District Court (in Clark County, the Eighth Judicial District Court Probate Division), usually in the county where the person lived.

Creditor claims: 90 days after first publication (or mailing) of the notice to creditors in regular administration; 60 days in summary administration.

Official court forms

State of Nevada Self-Help Center - Probate Forms

Nevada court self-help center forms for probate, small estates, and set-aside estates.

Small estate form: open the form

The Affidavit of Entitlement is for estates up to $25,000, or up to $150,000 if the surviving spouse inherits, and at least 40 days must pass after the death. Clark County and Washoe County have their own self-help sites and forms.

Estate and inheritance tax

• State estate tax: No. Nevada has no estate tax.
• Inheritance tax: No. Nevada has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Deed upon death (NRS 111.655 to 111.699). It must be recorded with the county recorder before death.
• Community property state: Yes.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the will maker and two witnesses. A self-proving affidavit before a notary lets the court accept the will without witness testimony. Nevada also allows electronic wills.

Handwritten wills: Valid if entirely written, dated and signed in the will maker’s own handwriting (NRS 133.090). No witnesses needed.

Power of attorney and health care directive

Financial power of attorney: Nevada adopted the Uniform Power of Attorney Act (NRS 162A). The principal must sign. A signature acknowledged before a notary is presumed genuine, and the statutory form (NRS 162A.620) has a notary block. If the principal lives in a hospital, nursing home or similar facility when signing, a certificate of competency from a doctor, APRN, psychologist or psychiatrist must be attached (NRS 162A.220).

Health care directive: Power of attorney for health care (NRS 162A.790): signed before a notary or two adult witnesses; witnesses cannot be owners or staff of the nursing home where the person lives. Declaration (living will) (NRS 449A.433): signed and witnessed by two people. Nevada also uses POLST forms, and the Secretary of State keeps a registry of advance directives. See the state form.

Death certificates

Certified copies come from the Nevada Office of Vital Records, Division of Public and Behavioral Health (Carson City); local health districts also issue copies. The fee is $22 to $25 per certified copy depending on county (in person or mail); about $42 to $45 online through VitalChek. The funeral home can usually order them for you.

Only people with a direct and tangible interest: relatives within the second degree (spouse, parents, children, siblings, grandparents, grandchildren), a legal representative, someone who needs it for a legal process, or the funeral director listed on the certificate within 180 days. Phone 775-684-4242.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Nevada is a community property state, so a spouse may already own half of what was earned during the marriage. SB 404 raised the small estate and summary probate limits for cases filed on or after October 1, 2025.