This section provides vital information and resources on probating a Will in Nevada. When is probate required? Is summary administration available? Find out which process is applicable.
Estates worth $20,000 or Less
If the estate assets do not exceed $20,000 and do not consist of any real property in Nevada, they may be transferred without probate of the Nevada Last Will or issuance of letters of administration. The person entitled to the estate under the Last Will may receive or collect the property or money by signing an affidavit. The affidavit can only be used after 40 days of the date of death. 146.080
Summary Administration of a Nevada Last Will and Testament – Estates not exceeding $200,000
A petition for letters testamentary or letters of administration must be filed with the court. 145.020 Notice (of the petition for the probate of a Nevada Will and the issuance of letters) must be given to all interested persons 145.030. No publication is required. Summary administration may be granted if deemed advisable and if the gross value of the estate (after deducting any encumbrances) does not exceed $200,000.
General Administration of a Nevada Will – Estates over $200,000
A petition for the probate of a Will and issuance of letters must be filed with the appropriate court.
Who can Petition for Probate of the Will?
The following persons may petition the court for probate (whether or not they have the Nevada Last Will and Testament in their possession):
- Personal representatives named in the Will;
- A Devisee under the Will;
- Any other interested person. 136.070
If there is no personal representative named in the Nevada Will or if there is no Will, the personal representative must be a resident of Nevada.
What happens once the petition is filed?
The clerk of court will set the petition for hearing.
The petitioner will be required to give notice of the hearing to the heirs, devisees named in the Will, to all persons named as personal representatives (who are not petitioning) and to the Director of the Department of Health and Human Services. 136.100 It must also be served on all personal representatives who are not a party to the petition. 136.120
Notice of the time for hearing the initial petition for probate of the Nevada Will must be published. 155.020
Do the witnesses need to attend Court?
Unless the Nevada Last Will and Testament is self-proved, the clerk will issue subpoenas to the subscribing witness if they reside in the county. 136.130. This means they will either need to attend court and testify orally or provide affidavits. 136.140
If the Last Will and Testament is self-proved, witnesses won’t be subpoenaed as long as the self-proving affidavits are filed with the court. 136.130
If the Nevada Will is not contested, then the court may issue probate on the testimony (oral or affidavit) of only one of the subscribing witnesses. 136.150
Delivering the Nevada Will
Any person who has possession of the testator’s Will must deliver it to the appropriate court or to the personal representative named in the Will within 30 days of being advised of the testator’s death.
The personal representative named in the Nevada Last Will and Testament must deliver the original Will to the clerk of court within 30 days of the death or within 30 days of finding out about being named. 136.050
A Nevada Estate Tax Return (Form 4768) is required to be filed if the decedent left property located in Nevada and if the estate value equals or exceeds the level requiring a Federal estate tax return (Form 706). NRS 375A
Nevada Estate tax is based solely on the credit allowable against the Federal Estate tax for the payment of State death taxes.