How Probate Works After a Death in Nevada

Nevada significantly overhauled its probate thresholds in 2025 - a genuinely major change worth understanding clearly, especially given how much Nevada home values have risen.

What are Nevada’s four probate tracks?

Nevada divides probate into four tiers based on the estate’s value:

• Affidavit of Entitlement — no court filing at all, personal property only
• Set-Aside — a streamlined court order that can include real estate
• Summary Administration — simplified, but still court-supervised
• General Administration — full probate

See our companion piece explaining the small estate options in more depth.

What changed under SB 404?

Effective October 1, 2025, Nevada’s SB 404 raised the affidavit and set-aside thresholds from $100,000 to $150,000, and summary administration from $300,000 to $500,000 - specifically to account for rising Nevada home values, where a single house can commonly appraise well above the old $300,000 cap.

Does the set-aside option cover real estate?

Yes - unlike many states’ small estate affidavits, Nevada’s set-aside option can include real property, letting families transfer title to a home through a streamlined court order rather than a full personal representative appointment.

Does Nevada have a state estate or inheritance tax?

No - Nevada has no state income, estate, or inheritance tax, and is also known nationally as a favorable jurisdiction for certain trust structures - worth knowing if a deceased person’s estate planning involved a Nevada-based trust.

What should I do next?

Check the estate’s value against the new, higher SB 404 thresholds before assuming full probate is necessary - many Nevada estates that wouldn’t have qualified before October 2025 now do. If the estate includes a home, remember the set-aside option (not the affidavit) is the one that can actually transfer real estate.

Add this to your Final Day Plan: whether your estate is likely to include real estate, and roughly what it’s worth - given how much Nevada home values have risen, this is the detail most likely to determine which of the four tracks your family should use.

Nevada law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Nevada-licensed attorney for guidance specific to your situation.