Probate
Empowering Families with Innovative Legal Strategies

Las Vegas Probate Lawyer

Experienced Guidance for Estate Administration & Probate Litigation in Clark County

Probate is the court process Nevada uses to pass a person's property to the right people after death when that property wasn't held in a trust, owned jointly with survivorship rights, or left to a named beneficiary. In Las Vegas, probate is handled by the Eighth Judicial District Court, and the path your family takes depends mostly on what the estate is worth: a small estate may need only a signed affidavit, while an estate worth more than $500,000 goes through full court administration.

Leavitt Law Firm's estate planning team, led by Ronnie T. Goodwin, Esq., represents personal representatives in Clark County probate cases, from locating the original will to the court's final order of distribution.

If you've just lost someone and don't know where to start, call (702) 996-6052.

When Is Probate Required in Nevada?

Probate is usually required when someone dies owning property in their own name that doesn't pass automatically to someone else. Common examples are a house titled only in the person's name, a bank or brokerage account with no payable-on-death or transfer-on-death beneficiary, and a vehicle or business interest with no co-owner.

These assets usually pass outside probate:

Property held in a funded living trust
Property owned in joint tenancy with right of survivorship
Bank and investment accounts with a payable-on-death or transfer-on-death beneficiary
Life insurance and retirement accounts with a living named beneficiary
Real estate covered by a recorded deed upon death under Nevada's transfer on death statute (NRS 111.655 to 111.699)

A will doesn't avoid probate. A will tells the court who should receive the property and who should serve as executor, but the court still oversees the transfer. Nevada law requires anyone holding an original will to deliver it to the clerk of the district court within 30 days after learning of the death (NRS 136.050).

If the person also owned real estate in another state in their own name, a separate probate case may be needed in that state.

Which Court Handles Probate in Las Vegas

For someone who lived in Clark County, probate is handled by the Eighth Judicial District Court at the Regional Justice Center, 200 Lewis Avenue, in downtown Las Vegas. The court's Probate Commissioners, who hear many probate and trust matters, are across the street in the Phoenix Building at 330 S. 3rd Street. The court allows some probate hearings to proceed by video with advance notice; others are expected in person.

Nevada Probate Options and Dollar Limits

Nevada has four main ways to handle a decedent's estate, and the estate's value decides which ones are available. Nevada raised these limits in 2025, so older articles and forms may show lower numbers.

Procedure	Value limit	What to know
Affidavit of entitlement (small estate affidavit), NRS 146.080	Only if the decedent left no Nevada real estate; Nevada property worth $25,000 or less (gross), or $150,000 or less if the person claiming is the surviving spouse	No court case. At least 40 days must pass after the death. Vehicles registered to the decedent and amounts owed for Armed Forces service aren't counted.
Set aside without administration, NRS 146.070	$150,000	The court can set the estate aside for the surviving spouse or minor children. If there are none, it passes under the will or Nevada's succession law.
Summary administration, NRS 145.040	$500,000 gross value after subtracting mortgages and other encumbrances	Court-supervised probate with shorter deadlines, including a 60-day creditor claim period (NRS 145.060).
General administration	More than $500,000	Full probate. Creditors have 90 days to file claims (NRS 147.040).

Each procedure measures value in its own way, and what counts depends on how each asset was titled. A home held in a funded trust doesn't count toward these limits. The same home in the decedent's name alone usually does, and in Las Vegas a single house can push an estate past the affidavit and set-aside limits.

How Long Does Probate Take in Clark County?

There's no fixed timeline, but Nevada law sets deadlines that shape every case:

Creditor claims. After the personal representative publishes and mails notice to creditors, creditors have 90 days to file claims in general administration (NRS 147.040) and 60 days in summary administration (NRS 145.060). The estate usually stays open at least until that window closes.
Inventory. The personal representative must file an inventory and record of value within 120 days after letters are issued, unless the court extends the time (NRS 144.010).
Status reports. If the estate isn't closed within 6 months after appointment (18 months when a federal estate tax return is required), the personal representative must file a status report (NRS 143.035).
Closing. Nevada law expects the personal representative to close the estate within 18 months after appointment, with exceptions for pending litigation and similar issues (NRS 143.037).

What makes a case take longer: a dispute over the will or over who should serve, selling a house or other real estate, hard-to-value assets such as a business, missing heirs, contested creditor claims, and property in another state.

What Does the Personal Representative or Administrator Do During the Probate Process?

In Nevada, the person who manages a probate estate is called the personal representative or administrator. If the will names that person, they're often called the personal representative. If there's no will, or the named personal representative can't serve, the court appoints an administrator.

The personal representative's job usually includes:

Filing the original will and the petition with the court
Publishing and mailing notice to creditors (NRS 147.010)
Securing property: changing locks, keeping insurance in force, collecting mail and statements
Filing the inventory within 120 days of appointment (NRS 144.010)
Reviewing creditor claims and paying valid debts, expenses, and taxes
Reporting to the court and the heirs, then asking the court to approve distribution
Distributing property under the court's order and closing the estate

A personal representative owes duties to the estate and its beneficiaries and can be held responsible for wrongdoing, such as paying claims in the wrong order or distributing property too early.

Nevada sets a sliding-scale commission for personal representatives: 4 percent of the first $15,000, 3 percent of the next $85,000, and 2 percent of the amount above $100,000, with additional fees possible for extraordinary work (NRS 150.020). Attorney's fees paid from the estate are subject to court approval (NRS 150.060).

How Can a Funded Living Trust Avoid Probate?

Probate applies to property in a person's own name. Property titled in a living trust belongs to the trust, so when the person dies, the successor trustee can manage and distribute it under the trust's terms without opening a probate case. That's why many Las Vegas homeowners build their estate plan around a revocable living trust.

The catch is funding. A trust controls only what's been transferred into it. If the house deed was never changed, or a new account was opened in the person's own name, that property may still need probate, usually through the pour-over will that comes with most trust plans. When a trust was properly funded, the work after death is trust administration, not probate.

When to Call a Las Vegas Probate Lawyer

Call us if:

You've been named executor in a will, or you've found an original will (remember the 30-day delivery rule)
A loved one died owning a home or other real estate in their own name
You aren't sure whether the estate qualifies for an affidavit, a set aside, or summary administration
You need to be appointed personal representative so you can pay the bills, handle the house, and close the accounts
A creditor, lender, or taxing agency is asking the estate for payment
The person owned property in more than one state
The person had a trust and you aren't sure whether probate is needed at all

Our office is at 6900 Westcliff Drive, Suite 802, Las Vegas, NV 89145. Call (702) 996-6052 or request a consultation online to talk with our Las Vegas probate team.

Frequently Asked Questions

Do I have to go through probate if there's a will in Nevada?

Usually, yes, if the person owned property in their own name above the small estate limits. A will names who receives the property and who serves as executor, but the court still supervises the process. Property in a funded trust, held jointly with survivorship rights, or passing to a named beneficiary transfers outside probate whether or not there's a will.

How much does probate cost in Las Vegas?

Costs typically include court filing fees, newspaper publication of the notice to creditors, the personal representative's commission under NRS 150.020, and attorney's fees, which the court must approve when they're paid from the estate (NRS 150.060). Disputes, real estate sales, and out-of-state property all add cost. Ask us how we charge for probate work.

How long does probate take in Nevada?

Summary administration is generally shorter because creditors have 60 days rather than 90 to file claims. Nevada law expects most estates to close within 18 months after the personal representative is appointed, with exceptions for litigation and similar delays (NRS 143.037). Contested cases take longer.

Can I use a small estate affidavit in Nevada?

You may be able to if the decedent left no real estate in Nevada and their Nevada property has a gross value of $25,000 or less, or $150,000 or less if you're the surviving spouse. Vehicles registered to the decedent and amounts owed for Armed Forces service aren't counted. You must wait at least 40 days after the death before using the affidavit (NRS 146.080).

What happens if someone dies without a will in Las Vegas?

Their probate property passes to relatives under Nevada's succession statutes (NRS Chapter 134), and the court appoints an administrator. Who receives what depends on whether the person left a spouse, children, parents, or siblings, and on whether the property is community or separate property.

What should I do first after a loved one dies?

Find the original will and deliver it to the clerk of the district court within 30 days (NRS 136.050). Secure the home and vehicles, keep insurance in force, and gather recent account statements and mail. Don't pay debts or hand out property until you know which procedure applies, because a personal representative must handle claims in the order the law requires.

Does a house have to go through probate in Nevada?

It depends on how the house was titled. A house in a funded living trust, in joint tenancy with right of survivorship, or covered by a recorded deed upon death usually passes without probate. A house in the decedent's name alone or held as tenants in common usually requires probate and counts toward the dollar limits above.

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