Nevada Small Estates: Affidavits, Set-Asides and Summary Administration

Part of my Nevada Wills & Probate Guide.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 12 (current through the 2025 legislative session)

In This GuideNevada Wills & ProbateTopic 6 of 17: Small Estates

Not every Nevada estate needs a full probate case. The statutes offer three simpler paths for smaller estates: collecting property by affidavit without going to court (NRS 146.080), asking the court to “set aside” the estate without administration (NRS 146.070), and a shortened court process called summary administration (NRS 145.040).

Each path has its own dollar limit and rules. The limits below reflect the current statutes, including 2025 amendments. This page matters to surviving spouses, children and other family members handling a modest estate.

The Three Options at a Glance

Option	Dollar limit	Key conditions	NRS
Affidavit (no court case)	$150,000 if the claimant is the surviving spouse; $25,000 for any other claimant	No Nevada real property; wait 40 days after death	146.080(1), (7)
Set aside without administration	Estate value not over $150,000 (or any portion left by will to an existing nontestamentary trust)	Court petition filed at least 30 days after death	146.070(1), (8)
Summary administration	Gross value, after deducting encumbrances, not over $500,000	Court may order it if advisable	145.040

Option 1: Collecting Property by Affidavit

This option works only if the decedent left no real property in Nevada, and no interest in, mortgage on or lien on Nevada real property (NRS 146.080(1)). The gross value of the decedent’s Nevada property also must not exceed the “applicable amount” (NRS 146.080(1)).

The applicable amount is $150,000 if the claimant is the surviving spouse, and $25,000 for any other claimant (NRS 146.080(7)). Amounts due to the decedent for service in the U.S. Armed Forces and the value of motor vehicles registered to the decedent are not counted (NRS 146.080(1)).

A person entitled to inherit under the will or under intestate succession, acting for everyone entitled to the property, may collect it 40 days after the death without letters or probate (NRS 146.080(1)). “Letters” are the documents the court issues to a personal representative, such as letters testamentary or letters of administration (NRS 132.220). The Director of the Nevada Health Authority or the public administrator may also use this procedure on behalf of the State or others entitled to the property (NRS 146.080(1)).

What the Affidavit Must State

The affidavit is given to whoever holds the property or owes the money. It must state, among other things (NRS 146.080(2)):

The affiant’s name and address, and that the affiant is entitled by law to the property
The date and place of death
That the Nevada property is within the applicable amount and includes no real property interest
That at least 40 days have passed since the death, shown by an attached certified copy of the death certificate
That no petition to appoint a personal representative is pending or has been granted anywhere
That all debts, including funeral and burial expenses and money owed to the Nevada Health Authority for Medicaid benefits, have been paid or provided for
A description of the personal property and the portion claimed
That written notice was given, by personal service or certified mail, to everyone with an equal or greater right to the property, and at least 14 days have passed since then
That the affiant is entitled to full payment, or has written authority from all other successors
That the affiant knows of no personal injury or tort claims against the decedent
That the affiant understands filing a false affidavit is a felony in Nevada

Consequences and Protections

If the affidavit does not meet these requirements or is not entirely true, whatever the affiant receives is subject to all of the decedent’s debts (NRS 146.080(3)(a)). If the affiant fails to notify other successors, the affiant holds the property in trust for them (NRS 146.080(3)(b)).

A person who relies in good faith on a proper affidavit is immune from civil liability for that reliance (NRS 146.080(4)). A transfer agent must re-register a security, and a government agency that issues titles must issue a new title, upon proof of death and a proper affidavit (NRS 146.080(5)).

If property within the limit is in a state that requires a court order to transfer it, or stocks or bonds must be transferred by an agent outside Nevada, the claimant may petition a Nevada court for an order directing the transfer. The petition must attach a copy of the affidavit (NRS 146.080(6)).

Option 2: Setting Aside an Estate Without Administration

If the value of the estate does not exceed $150,000, the district court (a Nevada district court sitting in probate) may order it set aside without administration (NRS 146.070(1)(a); NRS 132.116). A will’s gift to the trustee of a nontestamentary trust that the decedent created and that existed at death may also be set aside to that trust. That portion remains subject to creditors of the estate unless the petitioner proves the trustee published or mailed the required notice to creditors under NRS 164.025 (NRS 146.070(1)(b)).

Value means fair market value minus all enforceable liens and encumbrances, measured as of the date of death (NRS 146.070(17)).

Order of Payment

Unless the special rule for a spouse or minor children applies, an estate set aside under the $150,000 rule is applied in this order (NRS 146.070(2)):

The petitioner’s attorney’s fees and costs for the proceeding
Funeral expenses, expenses of last illness, money owed to the Nevada Health Authority for Medicaid benefits, and creditors, if any
Other creditors, if any
Any balance to those entitled under a valid will or, if there is none, under intestate succession (see Dying Without a Will)

The court may order reasonable attorney’s fees and costs paid directly to the petitioner’s attorney from the assets being set aside (NRS 150.0605).

Surviving Spouse and Minor Children

If the estate does not exceed $150,000 and the decedent left a spouse or minor children, the court must set it aside for their benefit. The court may give it all to the spouse, all to the minor children, or divide it among them (NRS 146.070(3)).

That amount is set aside without paying creditors, except as the court finds necessary to prevent a manifest injustice (NRS 146.070(4)). To prevent an injustice to creditors, the court may reduce the amount to the extent that the estate plus nonprobate transfers to the spouse or minor children exceeds $150,000 (NRS 146.070(5)). The court considers the family’s needs and resources, including those nonprobate transfers (NRS 146.070(6)).

For a minor child’s share, the court may direct how the money is used and may order distribution to a parent, a custodian under chapter 167 of NRS, or a court-appointed guardian of the estate (NRS 146.070(15)).

The Petition and Hearing

The proceeding cannot begin until at least 30 days after the death (NRS 146.070(8)). The petition must include (NRS 146.070(8)):

A specific description of all estate property
All known liens and encumbrances at death
For petitions under the $150,000 rule, an estimated value and how it was determined
The decedent’s known debts
The names, residences and relationships of the heirs and devisees, and the ages of any minors
If there is a will, the known evidence that it is valid

A petition asking to skip creditors for a spouse or minor children must also address nonprobate transfers to them (NRS 146.070(9)). The petitioner must give notice of the hearing to the heirs, the devisees and the Director of the Nevada Health Authority (NRS 146.070(11)). No court or clerk’s fees may be charged in an estate worth $2,500 or less (NRS 146.070(12)).

The order must include findings on any will’s validity and the estate’s value, and must name each distributee and the property each receives (NRS 146.070(14)). On request, the court may have assets distributed first to a qualified Nevada resident who then distributes them to those entitled (NRS 146.070(16)).

Separately, if it considers it advisable given their needs and resources, the court may set apart exempt personal property for a surviving spouse or minor children, and must set apart the homestead as provided in NRS 146.050 (NRS 146.020(1)). If the remaining assets then do not exceed $150,000, the court must set them aside under this procedure (NRS 146.020(2)). See Family Protections for details.

Option 3: Summary Administration

If the gross value of the estate, after deducting encumbrances, does not exceed $500,000, the court may order summary administration if it considers it advisable given the estate’s nature, character and obligations (NRS 145.040). This path applies whether or not there is a will (NRS 145.020).

It starts with a petition for letters testamentary (for an executor named in a will) or letters of administration (issued to a court-appointed administrator) (NRS 145.020; NRS 132.220; NRS 139.010). The petition must include jurisdictional information, a description and estimated value of the property, the heirs and devisees, and whether the proposed personal representative has been convicted of a felony (NRS 145.020). Notice of the petition is given under NRS 155.020 (NRS 145.030).

What Is Simplified

Once summary administration is granted, regular proceedings and further notices are waived, except the notices required by NRS 144.010, 145.060, 145.070 and 145.075 (NRS 145.010). Those sections deal with the inventory, creditor claims, real property sales and the final account. A personal representative is the person the court appoints to manage the estate, such as an executor or administrator (NRS 132.265).

Step in summary administration	Rule	NRS
Notice to creditors	Published and mailed as provided in NRS 155.020	145.060(1)
Creditors file claims	Within 60 days after mailing, or 60 days after first publication	145.060(2)
Personal representative allows or rejects claims	Within 15 days after the claim period	145.060(2)
Late claims	Barred forever, unless the claimant shows lack of notice; then may be filed before the final account	145.060(3)
Rejected Department of Human Services claim	Director may petition within 20 days after receiving written notice of rejection	145.060(5)
Sale of real property	Notice and procedure under chapter 148 of NRS	145.070
Final account and petition for distribution	Notice of hearing, including the attorney’s fees amount, given as provided in NRS 155.010	145.075

Personal property sales in summary administration are excepted from the general newspaper-publication rule in NRS 148.190 (NRS 148.190(1)). See Selling Estate Property and Creditor Claims for the regular rules.

Closing or Revoking Summary Administration

The estate may be closed and distributed any time after the period to act on claims ends, if the court finds that debts, administration expenses and any family allowances have been paid and the estate is ready to settle (NRS 145.080).

If it later appears that the estate’s gross value after encumbrances exceeded $500,000 at death, the personal representative must petition to revoke summary administration. The court may let regular administration proceed once the skipped proceedings and notices are provided (NRS 145.110). For regular probate, see Opening Probate.

How I Can Help

I help families figure out whether a Nevada estate qualifies for the affidavit procedure, a set-aside, or summary administration, and I prepare the affidavits, petitions and notices each path requires. When an estate does not qualify, I explain what regular probate will involve. Request a consultation to discuss your situation.

This page provides general information about Nevada wills and probate law, based on Nevada Revised Statutes Title 12 as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, and case law also affect these matters. Every estate is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.