When a Nevada resident dies without a valid will, navigating what happens to their property can feel overwhelming — especially for family members who are simultaneously grieving and suddenly responsible for a legal process they've never encountered before. Understanding how Nevada's probate system works, which assets are affected, and what documents are involved is the essential first step toward resolving the estate efficiently and correctly.
What "Dying Intestate" Means
When a person dies without a valid will, they are said to have died "intestate." In that situation, Nevada's intestate succession laws — codified in NRS Chapter 134 — step in to determine who inherits the deceased person's assets. The law essentially creates a default inheritance structure based on the family composition of the deceased at the time of death.
It is important to understand that a will doesn't have to be completely absent for intestate rules to apply in part. A will that is invalid (improperly executed, not properly witnessed, revoked, or successfully contested) leaves the estate in the same position as no will at all. And even a valid will may fail to address all assets, meaning the portion of the estate not covered by the will passes intestate.
Nevada's Intestate Succession Order
Under NRS Chapter 134, Nevada's intestate succession follows a priority order. The specific distribution depends on who survives the decedent:
- Surviving spouse only, no children: The spouse inherits the entire estate (separate property) plus their share of community property
- Surviving spouse and children: Nevada's community property rules and separate property rules interact here — community property passes to the surviving spouse; separate property is divided between the spouse and children in shares defined by the statute
- Children only, no surviving spouse: Children inherit in equal shares; if a child predeceases the parent but has children of their own, those grandchildren take the deceased child's share by right of representation
- No spouse or children: Property passes to parents, then to siblings, then to more distant relatives in the statutory order
If there are no living relatives who qualify under Nevada's intestate succession statutes, the estate escheats to the State of Nevada — meaning the state takes it.
Which Assets Go Through Probate?
A critical and often misunderstood point is that not all assets are subject to probate, regardless of whether the deceased had a will. Assets that pass outside the probate process entirely include:
- Jointly held property with right of survivorship — passes automatically to the surviving joint tenant
- Community property with right of survivorship — passes to the surviving spouse without probate under NRS Chapter 111
- Accounts with designated beneficiaries — life insurance policies, IRAs, 401(k)s, payable-on-death bank accounts, and transfer-on-death investment accounts all pass directly to the named beneficiary
- Assets held in a living trust — distributed according to the trust terms without court involvement
The assets that do require probate are those held solely in the name of the deceased with no joint owner or beneficiary designation: real estate titled only in the deceased's name, bank accounts without POD designations, vehicles, personal property of value, and business interests.
Nevada's Three Levels of Probate Administration
Nevada law provides three different procedures depending on the size of the estate:
Small Estate Affidavit (Estates Up to $25,000)
If the total value of personal property subject to probate is $25,000 or less and at least 40 days have passed since the date of death, an heir may use a Small Estate Affidavit under NRS 146.080 to collect the property without opening a formal probate case. This procedure is significantly simpler — no court petition is required, and the affidavit is presented directly to whoever holds the property (a bank, for example).
Real estate cannot be transferred using the Small Estate Affidavit procedure — even if the estate is small, real property requires either a court order or a different transfer mechanism.
Summary Administration (Estates Between $25,000 and $300,000)
Summary administration under NRS Chapter 145 provides a streamlined probate process for estates within this value range. It is faster and less expensive than full general administration, with simplified court procedures.
General Administration (Estates Above $300,000)
Estates with gross value exceeding $300,000 typically require full general administration — the complete formal probate process through the district court of the county where the deceased was domiciled.
Opening a Probate Case: The Court Process
For estates requiring formal administration, the process begins with filing a Petition for Appointment of Administrator with the district court in the appropriate county. In Clark County (Las Vegas), this is the Eighth Judicial District Court's Probate Division.
The petition must identify: the deceased, the date and place of death, a description of the estate's assets and estimated value, the names and addresses of all known heirs and creditors, and the proposed administrator (the person asking the court to appoint them to manage the estate).
Key procedural steps in the probate process include:
1. Petition and hearing
The court schedules a hearing on the petition for administration. All known heirs must be notified of the hearing. At the hearing, if no objections are raised and the court is satisfied with the petition, it will enter an Order of Administration and appoint the administrator.
2. Letters of Administration
Upon appointment, the court issues Letters of Administration — the official document that authorizes the administrator to act on behalf of the estate. Banks, title companies, and government agencies require Letters of Administration before they will release or transfer estate assets. You will need multiple certified copies.
3. Notice to Creditors
Nevada law requires that a Notice to Creditors be published in a newspaper of general circulation in the county for a minimum number of weeks. This gives creditors the opportunity to file claims against the estate. Creditors who do not file claims within the notice period are generally barred from collecting from the estate.
4. Inventory and Appraisal
The administrator must file an inventory of all estate assets with the court, typically including an appraisal of non-cash assets. This establishes the official estate value for purposes of creditor claims, tax obligations, and distribution.
5. Payment of Claims and Expenses
Valid creditor claims, estate administration expenses, and any applicable taxes must be paid from estate assets before distribution to heirs. Nevada's probate statutes establish a priority order for payment of claims when the estate is insufficient to pay all debts.
6. Final Accounting and Petition for Distribution
Before the estate can be closed, the administrator must file a final accounting showing all receipts and disbursements during administration. The court reviews the accounting, and if satisfied, approves distribution of the remaining assets to the heirs according to the intestate succession statutes.
7. Discharge of Administrator
Once distribution is complete, the administrator petitions the court for a final decree and discharge — formally closing the estate and releasing the administrator from further responsibility.
Timeline and Cost Expectations
A straightforward Nevada probate case typically takes six to twelve months from opening to closing. The creditor notice publication period, court scheduling, and the time needed to marshal and transfer assets all contribute to this timeline. Contested matters — disputes among heirs, challenges to the administrator's authority, or creditor claim disputes — can extend the process significantly.
Court filing fees, publication costs, and appraisal fees are paid from estate assets. In larger estates, the administrator may also be entitled to statutory compensation for their services.
The Document Volume in Probate
Probate cases generate substantial paperwork — the petition, the order of administration, Letters of Administration, the creditor notice, the inventory, accountings, correspondence with banks and title companies, proposed orders, and ultimately the final accounting and petition for distribution. Each of these documents must be correctly formatted for the specific Nevada district court handling the matter, with proper caption information, notarization where required, and court-specific formatting compliance.