Independent Administration of Estates in Nevada
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ImmigrationPart 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 9 of 17: Independent Administration
Nevada’s Independent Administration of Estates Act (NRS 143.300 to 143.815) lets a qualifying personal representative handle many estate tasks without first getting a court order (NRS 143.300; NRS 143.365(1)). A personal representative is the executor, administrator or other person managing the estate (NRS 132.265).
“Court supervision” means the court orders, approvals, confirmations or instructions that would otherwise be required (NRS 143.310). Under the Act, certain actions instead require a written notice of proposed action to affected heirs and devisees, who can object (NRS 143.700(1); NRS 143.705; NRS 143.735). This page explains who can get this authority, what it covers, and how the notice process works.
Full Authority vs. Limited Authority
A personal representative may ask for either full authority or limited authority (NRS 143.340(3)).
| Type | What it includes | NRS |
|---|---|---|
| Full authority | All the powers granted under the Act | 143.315 |
| Limited authority | All the powers under the Act except the power to sell real property, exchange real property, grant an option to purchase real property, or borrow money secured by an encumbrance on real property | 143.320 |
A personal representative with limited authority must obtain court supervision for those four real property actions (NRS 143.370(2)). The statutory form of letters shows whether the representative has full or limited authority (NRS 143.800).
Who Can Receive Independent Administration Authority
Only a personal representative named in the will, or a person in one of the first seven priority classes for administrators, may be granted this authority (NRS 143.340(2)). Those classes are the surviving spouse, children, grandchildren, other issue, a parent, a sibling, and other kindred entitled to share in the estate (NRS 139.040(1)(a)-(g)). Other legally qualified personal representatives may not be granted it (NRS 143.340(2)).
- If the will says the estate must not be administered under the Act, the authority may not be granted (NRS 143.330).
- The will may restrict the powers the personal representative may exercise under the Act (NRS 143.375(2)).
- A special administrator may be granted the authority if appointed with, or granted, the powers of a general personal representative (NRS 143.335).
For more on who can serve as personal representative, see Executors and Administrators in Nevada.
How to Request the Authority
The personal representative must petition the court, either in the petition for appointment or in a separate petition filed in the estate case (NRS 143.340(1)). If it is requested in the petition for appointment, notice follows the rules for that petition (NRS 143.345(1)); see Opening Probate in Nevada.
If the estate case is already pending, notice must be given as provided in NRS 155.010 to each person specified in that section, each known heir and devisee whose interest would be affected, each person named as personal representative in the will, and, in certain intestate cases, the public administrator (NRS 143.345(2)). The notice must include a statutory statement explaining that independent administration avoids court approval for many actions, requires notice to interested persons before certain actions, and will be granted unless good cause is shown otherwise (NRS 143.345(3)).
Unless an interested person objects in writing at or before the hearing and the court finds good cause not to grant it, the court may grant the requested authority (NRS 143.350(1)). If good cause is shown only for limiting the authority, the court may grant limited authority (NRS 143.350(2)).
Bond Amount
If a bond is otherwise required, the court sets it at not more than the estimated value of the personal property, plus the probable annual gross income of the estate (NRS 143.355). With full authority, the estimated value of the decedent’s interest in real property authorized to be sold is added (NRS 143.355(1)). If personal sureties give the bond, it must be at least twice that amount (NRS 143.355(1)-(2)).
What Still Requires Court Approval
Apart from the powers the Act grants, a personal representative with this authority administers the estate the same way as one without it (NRS 143.365(1)). The personal representative may also choose to get court supervision for any action (NRS 143.365(2)).
With either full or limited authority, court approval is still required for (NRS 143.370(1)):
- The personal representative’s compensation, and compensation of the personal representative’s attorney;
- Settlement of accounts;
- Preliminary and final distributions and discharge;
- Selling or exchanging estate property with, or granting an option to, the personal representative or the personal representative’s attorney;
- Allowing, paying or compromising a claim of the personal representative or attorney against the estate;
- Compromising or settling a claim by the estate against the personal representative or attorney;
- Extending, renewing or modifying a debt the personal representative or attorney owes the decedent or estate; and
- Any such transaction that would indirectly benefit the personal representative, a relative of the personal representative, the attorney, or the attorney for a relative.
The self-dealing items do not apply to a transaction between the personal representative and himself or herself personally if all of these are met: the personal representative is the sole beneficiary or all known heirs or devisees consent; the creditor claim period has expired; no request for special notice is on file (or all requesters consent); and every filed creditor claim has been paid, settled or withdrawn, or the creditor consents (NRS 143.370(3)).
The Three Groups of Powers
The Act sorts the personal representative’s powers into three groups: powers that require a notice of proposed action, powers that require notice only in certain situations, and powers that require no notice (NRS 143.375(1)).
1. Powers That Always Require Notice of Proposed Action
These powers may be used only after the notice requirements are met (NRS 143.400):
- Sell or exchange real property (full authority only) (NRS 143.405).
- Grant an option to purchase real property (full authority only) (NRS 143.425).
- Borrow, and place, replace, renew or extend an encumbrance on estate property; only full authority allows a loan secured by real property (NRS 143.420).
- Sell or incorporate an unincorporated business or joint venture of the decedent (NRS 143.410).
- Abandon tangible personal property that would cost more to collect, maintain and safeguard than it is worth (NRS 143.415).
- Transfer property to a person exercising a purchase option given in the will (NRS 143.430), or to complete the decedent’s contract to transfer property (NRS 143.435).
- Allow, compromise or settle third-party claims to property the decedent held, or the decedent’s claims to property held by others (NRS 143.440).
- Make a disclaimer (NRS 143.445).
- Allow, pay, reject, contest, compromise or settle claims, release uncollectible claims, and allow a late-filed claim (NRS 143.455).
- Start and defend lawsuits and other proceedings (NRS 143.460).
- Extend, renew or modify an obligation owed to the decedent or estate (NRS 143.465).
This group also includes certain preliminary distributions, allowed only after the creditor claim period has expired and if distribution can be made without loss to creditors or injury to the estate or any interested person (NRS 143.450). They are limited to income received during administration, to those entitled under the will or by intestate succession; household furniture, vehicles, clothing, jewelry and other personal items to those entitled under the will, up to an aggregate fair market value of $50,000 to all persons; and cash to general pecuniary devisees under the will, up to $10,000 to any one person (NRS 143.450(1)-(3)).
2. Powers That Require Notice Only in Certain Cases
| Power | Notice of proposed action required when | NRS |
|---|---|---|
| Manage and control estate property | A specific power in NRS 143.400 to 143.450 requires it | 143.505 |
| Enter into contracts | The contract will not be fully performed within 2 years, unless it can be freely terminated within 2 years | 143.510 |
| Deposit money in insured Nevada accounts and make listed safe investments | No notice required | 143.515 |
| Continue as a general partner, as an LLC manager or managing member, or operating an unincorporated business | Continuing for more than 6 months after letters are first issued | 143.520(6) |
| Pay a reasonable family allowance | First payment; first payment for a period starting more than 12 months after death; any increase | 143.525(2) |
| Lease estate property | Real property lease over 1 year (counting extension rights); personal property lease not fully performed within 2 years unless freely terminable | 143.530(3)-(4) |
| Sell or exchange personal property | Generally required, except exchange-traded or NASDAQ national market securities sold as described, subscription rights sold for cash, and perishable property sold for cash | 143.535 |
| Grant an exclusive right to sell (up to 90 days per grant or extension) | Extensions to the same broker bring the total to more than 270 days | 143.540 |
3. Powers That Require No Notice
These may be used without a notice of proposed action (NRS 143.600): transferring property to carry out a granted power (NRS 143.610); paying taxes, assessments and administration expenses (NRS 143.615); buying an annuity to satisfy a devise of periodic payments (NRS 143.620); exercising estate option rights (NRS 143.625); buying securities or commodities to complete a sale the decedent made (NRS 143.630); holding securities in a nominee’s name (NRS 143.635); exercising subscription or conversion rights (NRS 143.640); making repairs and improvements (NRS 143.645); accepting a deed in lieu of foreclosure (NRS 143.650); and giving partial satisfactions or reconveyances (NRS 143.655).
The personal representative also has all the powers he or she could use without court supervision if independent administration authority had not been granted (NRS 143.605). The personal representative may voluntarily give a notice of proposed action even when none is required (NRS 143.700(2)).
Selling Real Property With Full Authority
With full authority, a personal representative may sell estate property at public auction or private sale, with or without notice, for cash or on credit, at a price and on terms the personal representative determines, subject to NRS 143.370 (NRS 143.380(1)). The usual court confirmation requirements for sales do not apply, such as publication of notice of sale, court approval of broker commissions, the 90-percent-of-appraisal minimum, and court review of the necessity of the sale (NRS 143.380(2)-(3)).
If a real property sale will be for less than 90 percent of appraised value, all interested persons must consent in writing and the sale must be confirmed by the court under NRS 148.060 (NRS 143.380(4)). A notice of proposed action for a real property sale must state the material terms, including the price and any broker commission or how it is calculated (NRS 143.725(1)(c)).
The statutory form warns that a sale without court supervision will not be presented to the court for confirmation at a hearing where higher bids may be made (NRS 143.805). Court-supervised sales are covered on Selling Estate Property in Nevada Probate.
How the Notice of Proposed Action Works
Notice must go to each known devisee and heir whose interest would be affected, each person who filed a request for special notice, and the Attorney General if part of the estate is to escheat to the State and its interest would be affected (NRS 143.705). Notice is not needed for anyone who consents in writing or waives notice in writing, before or after the action (NRS 143.710; NRS 143.715).
The notice must state the personal representative’s name and mailing address, a contact person and phone number, a reasonably specific description of the action, and the date on or after which it will be taken (NRS 143.725(1)). It must include a form for objecting (NRS 143.725(2)). It must be mailed or personally delivered at least 15 days before that date (NRS 143.730).
Objecting to a Proposed Action
- Written objection: deliver or mail a written objection to the address in the notice. It counts if received before the date in the notice or before the action is actually taken, whichever is later (NRS 143.735(2)-(3)).
- Restraining order: apply to the court for an order barring the action without court supervision. The court must grant it without notice to the personal representative and without a showing of cause (NRS 143.740(1)).
After a timely objection or restraining order, the personal representative who still wants to act must seek court approval, or court instructions if the action would not otherwise need court supervision (NRS 143.745(1)-(2)). The objector must receive notice of that hearing (NRS 143.745(3)).
A person who received proper notice and did not object, or who consented or waived notice, generally loses the right to have the court review the action later (NRS 143.750(1)). Exceptions exist for a person who shows he or she did not actually receive the notice in time, and for an heir or devisee who was a minor or lacked capacity when notice was given, if his or her guardian, conservator or other legal representative did not receive the notice, waive it or consent (NRS 143.750(2)-(3)).
If the personal representative skips the notice requirements, that failure does not affect the validity of the action, the title of good-faith purchasers, or the rights of third persons who dealt with the personal representative in good faith and relied on the action without actual notice of the failure (NRS 143.755(1)). However, the court may remove a personal representative who fails to give required notice or obtain a waiver or consent, or who acts in violation of NRS 143.745 (NRS 143.760).
Revoking or Reducing the Authority
Any interested person may petition the court to revoke the personal representative’s independent administration authority, or to reduce full authority to limited authority (NRS 143.360(1)). The petition must state its basis, and notice must be given under NRS 155.010 (NRS 143.360(2)-(3)).
In deciding, the court gives preference to interested persons based on the priority order in NRS 139.040(1) (NRS 143.360(4)). If good cause is shown, the court revokes or reduces the authority and new letters are issued reflecting the change (NRS 143.360(5)-(6)).
How I Can Help
I help personal representatives request independent administration authority, prepare notices of proposed action, and identify which actions still need court approval. I also help heirs and devisees who receive a notice and want to understand their options to object or seek court review. 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.