Nevada Small Estate: Do I Need Probate?

Quick answer: a house at or under $150,000 can use the court set-aside. Personal property only, no real property, and under $25,000-$150,000 depending on the claimant — the no-court affidavit. Larger — summary administration or full probate. Check your own numbers with the Nevada small estate checker.

The house-friendly shortcut is the court one, not the bank one

Worth knowing: Nevada's two small-estate paths work in opposite directions from what people often assume. The no-court affidavit under NRS 146.080 categorically excludes real property, while the court set-aside under NRS 146.070 can reach both real and personal property up to $150,000.

Many guides still cite the old, lower figures

Because the Nevada Legislature raised both thresholds in 2025, plenty of still-published summaries continue to describe the prior, lower dollar amounts — worth confirming the current figures before ruling anything out.

A wider net for larger estates: summary administration

Summary administration under NRS 145.040 can apply up to a $300,000 gross estate value — a more formal court process than the set-aside, and not specifically targeted at real property the way the set-aside is, but still faster than regular probate.

What skips probate before any threshold matters

Assets held in joint tenancy with survivorship, payable-on-death or transfer-on-death designations, and property in a living trust all pass outside of probate entirely, on top of whatever the small estate analysis shows for everything else.

The decision, in order

Is the asset jointly titled, POD/TOD, or in a trust? → Skips probate entirely.
No real property, estate at or under $25,000 (or $150,000 for a surviving spouse)? → No-court affidavit.
Real property involved, estate at or under $150,000? → Court set-aside.
At or under $300,000? → Summary administration.
None of the above fits → Full probate.

Facing probate in Nevada?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Nevada attorney

Whichever track applies, filing happens with the District Court in the decedent's county — Clark County and Washoe County among the busiest.

Do I need probate — frequently asked questions

Can a house ever skip Nevada probate through a small estate shortcut?

Yes, through the NRS 146.070 court set-aside, which can reach real property up to $150,000 in estate value — unlike the NRS 146.080 no-court affidavit, which categorically excludes real property.

Why do so many summaries of Nevada's rules seem to disagree?

Because the Nevada Legislature raised both the affidavit and set-aside thresholds in 2025, and many still-published guides continue to cite the older, lower figures from before that change.

Does a house above $150,000 have any other shortcut available?

Summary administration under NRS 145.040 can apply up to a $300,000 gross estate value, though it's a more formal court process than the set-aside and doesn't specifically target real property the way the set-aside does.

What assets skip Nevada probate regardless of these thresholds?

Assets held in joint tenancy with survivorship, payable-on-death or transfer-on-death designations, and property in a living trust all pass outside of probate entirely.

When do I need probate in Nevada, and when can I skip it?

A house at or under $150,000 can use the court set-aside. Personal property only, no real property, and under $25,000-$150,000 depending on the claimant — the no-court affidavit. Larger — summary administration or full probate. Check your own numbers with the Nevada small estate checker.

This page provides general guidance only and is not legal advice. Based on NRS 146.070, 146.080, 145.040. Actual requirements depend on the estate's full facts. Confirm with the District Court or a licensed Nevada attorney before acting.

Do I Need Probate in Nevada?