Nevada's Small Estate Options Explained

Nevada’s tiered small estate system got significantly more generous in 2025 - worth understanding each tier clearly, since they serve genuinely different situations.

What is the Affidavit of Entitlement?

A no-court process (NRS 146.080) for collecting a decedent’s personal property - not real estate - once the waiting period has passed. For a surviving spouse, the current limit is $150,000. A lower limit applies for other heirs; secondary summaries of NRS 146.080 put it at $25,000 in personal property, so confirm the current figure.

How does the Set-Aside option work?

Under NRS 146.070, if an estate doesn’t exceed $150,000, a court can order the estate “set aside without administration” - and unlike the affidavit, this option can include real estate, letting title transfer through a single streamlined court order rather than a full personal representative appointment. If there’s a surviving spouse or minor children, the court must generally set aside the entire estate for them, and can do so without first paying creditors.

What is Summary Administration?

A streamlined but still court-supervised process for estates between $150,001 and $500,000 following the SB 404 changes - faster and less expensive than General Administration, but it doesn’t let survivors skip probate entirely the way the affidavit does.

Is there a waiting period?

Yes - proceedings to set aside an estate without administration can’t begin until 30 days after the death.

Do the new limits depend on when the person died or when the case was filed?

The sources disagree. SB 404 took effect October 1, 2025. One Nevada law firm says it applies to probate filings made on or after that date and is not retroactive to cases filed earlier. Other summaries say the higher limits apply to people who died on or after October 1, 2025. We did not find the enrolled bill’s applicability language in the sources we read. If the death or the filing straddles that date, ask the probate court or a Nevada attorney which limit applies.

What about other heirs?

For the Affidavit of Entitlement, the $150,000 figure is for a surviving spouse. Secondary sources put the figure for other heirs at $25,000, and that figure was not changed by SB 404. The affidavit does not reach real estate; the court-ordered set-aside, which can, is the path for real property.

What should I do next?

Check the estate’s value against these current thresholds first - given the SB 404 increases, more estates qualify for the simpler tracks than before. If the estate includes real estate, remember only the set-aside option (not the affidavit) can transfer it.

Add this to your Final Day Plan: whether you’re married and whether your estate includes real estate - both affect which of Nevada’s tracks would actually apply, and the spousal set-aside rule specifically works in your family’s favor if it applies.

Nevada law changed significantly as of October 2025. This is general educational information, not legal advice - consult a Nevada-licensed attorney for guidance specific to your situation.