Creditor Claims in a Nevada Probate Estate

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 13 of 17: Creditor Claims

When a person dies owing money, the people and businesses owed are the estate’s creditors. A “claim” includes a liability of the decedent, whether in contract, in tort or otherwise, that arose before death (NRS 132.065). In a Nevada probate case, creditors must file claims with the court clerk on time, or the claims are forever barred, with a narrow exception for creditors who had no notice (NRS 147.040).

This matters to the personal representative, meaning the executor, administrator, special administrator or successor appointed by the district court (NRS 132.265). It also matters to creditors, heirs (those entitled to inherit when there is no will, NRS 132.165) and devisees (those named in a will to receive property, NRS 132.100). The court directs distribution to heirs and devisees once all debts and liabilities are paid and the estate is ready to close (NRS 150.280(1)).

Notice to Creditors

The personal representative must publish and mail a notice to creditors as provided in NRS 155.020 (NRS 147.010). Notice must also go to those entitled to it under NRS 155.010, including the Director of the Department of Human Services (NRS 155.020(1)(a)).

Publication. The notice is published on three dates in a newspaper published in the county where the case is pending, or one of general circulation there if none is published in the county (NRS 155.020(1)(b), (2)). If the newspaper comes out more than once a week, at least 10 days must run from the first to the last publication date, counting both (NRS 155.020(1)(b)).
Mailing. As soon as practicable after appointment, the notice must be mailed to creditors whose names and addresses are readily ascertainable as of first publication and who have not already filed a claim (NRS 155.020(4)).
Creditors found later. A creditor discovered before the filing deadline who was not readily ascertainable at first publication must immediately be mailed the notice (NRS 155.020(5)).
Proof. A copy of the notice, with the affidavit of publication or certificate of mailing, must be filed with the clerk (NRS 147.030).

A successor personal representative who takes over after the notice period has run need not give new notice to creditors (NRS 147.020).

Deadlines for Filing a Claim

Situation	Deadline to file with the clerk	NRS
Creditors generally	90 days after the mailing, for those required to be mailed, or 90 days after the first publication of the notice	NRS 147.040(1)
Creditor mailed notice after being discovered later	30 days after the mailing or 90 days after first publication, whichever is later	NRS 147.040(2)
Summary administration under chapter 145	The 90-day period is reduced to 60 days	NRS 147.040(4); NRS 145.060(2)
Claim not filed on time	Forever barred, unless the claimant proves it had neither notice under NRS 155.020 nor actual notice of the administration; then it may be filed any time before the final account is filed	NRS 147.040(3)

Time when there is a vacancy in the administration is not counted toward these limits, except as provided in NRS 147.020 (NRS 147.140). For summary administration, see Nevada small estates.

What a Claim Must Include

A claim of $250 or more needs the claimant’s affidavit that the amount is justly due (or will be due on a stated date), that all payments are credited, and that no offsets are known (NRS 147.070(1)).
Every claim must list the claimant’s mailing address; notice mailed there is proper notice (NRS 147.070(2)).
Interest must be computed and included, and the rate stated (NRS 147.070(5)).
A claim based on a note or other written instrument must attach a copy with all endorsements (NRS 147.080(1)). A claim secured by a mortgage or lien must attach a certified copy of it (NRS 147.080(2)).
For a judgment entered against the decedent during life, no execution may issue after death; a certified copy is attached to the claim and handled like any other claim (NRS 147.210(1)).

For good cause, the court may allow a defective claim or affidavit to be corrected before the final account is filed, but not to increase the amount after the filing deadline (NRS 147.070(6)). The court must allow the Nevada Health Authority to amend a Medicaid claim, any time before the final account is filed, for benefits it identifies after its original claim was filed (NRS 147.070(7)).

A claim barred by the statute of limitations must not be allowed. A timely filed claim is not affected by the statute of limitations while the estate is pending (NRS 147.090).

Allowing or Rejecting Claims

Within 15 days after the filing period expires, the personal representative must examine all filed claims and either endorse each one as allowed or rejected, with the date, or file a notice of allowance or rejection attached to the claim (NRS 147.110(1)).

A claim not acted on within 15 days is deemed rejected, but the personal representative may still allow it before the final account is filed (NRS 147.110(2)).
A claim that was not timely filed need not be acted on unless the court orders otherwise (NRS 147.110(3)).
The amount offered to be allowed must be endorsed on the claim. A creditor who refuses it recovers no costs in a later suit unless it recovers more (NRS 147.160).
Approved claims become acknowledged debts of the estate, paid in due course of administration (NRS 147.120).
After the claim period, the personal representative may compromise a claim with court approval after a petition and notice (NRS 147.180(1)-(3)).

A personal representative who is also a creditor files the claim with the clerk, and the court allows or rejects it (NRS 147.050(1)).

If a Claim Is Rejected

The personal representative must immediately notify the claimant of a rejection, in whole or in part, by written notice sent by registered or certified mail (NRS 147.130(1)). The claimant must then act within one of these deadlines, or the claim is forever barred (NRS 147.130(1)).

Option	Deadline	NRS
Sue the personal representative in the proper court	Within 60 days after the notice of rejection	NRS 147.130(1)
Petition the court to determine the claim’s validity (when the personal representative rejected it)	Within 20 days after receiving the written notice of rejection	NRS 147.130(2)

A judgment against the personal representative on a money claim only establishes the claim as if allowed. It creates no lien, gives no priority, and no execution may issue on it (NRS 147.200(1), (3)).

No one may sue on a claim unless it was first filed and rejected, except a lien or mortgage holder enforcing against the secured property who expressly waives all recourse against other estate property (NRS 147.150). A lawsuit pending against the decedent at death generally may not continue unless a claim is filed and rejected and the plaintiff seeks substitution of the personal representative within 60 days after notice of rejection, if the notice states that 60-day period (NRS 147.100(1)).

Order in Which Debts Are Paid

The debts and charges of the estate must be paid in this order (NRS 147.195):

Priority	Debt or charge
1	Expenses of administration
2	Funeral expenses
3	The expenses of the last illness
4	Family allowance
5	Debts having preference by laws of the United States
6	Money owed to the Nevada Health Authority as a result of the payment of benefits for Medicaid
7	Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months before the death of the employer
8	Judgments rendered against the decedent in his or her lifetime, and mortgages in order of their date
9	All other demands against the estate

If money is short for wage claims, it is divided among employees in proportion to their claims (NRS 147.195(7)). A mortgage’s preference reaches only the proceeds of the mortgaged property; any unpaid balance is classed with other demands (NRS 147.195(8)).

No creditor in a class is paid until every preferred class is paid in full. If a class cannot be paid in full, each creditor in it receives a share in proportion to its claim (NRS 150.240(2)). The family allowance is explained under family protections.

When Debts Are Paid

As soon as money is available. On a sworn statement of the amount due, and without formal action on claims, the personal representative must pay funeral expenses, last-illness expenses, the family allowance, Medicaid money owed to the Nevada Health Authority, and employee wages up to $600 each for work within 3 months before death. Necessary expenses of administration may be retained (NRS 150.230(1)).
Other debts. The personal representative need not pay any other debt, or any devise, until the court orders it (NRS 150.230(2)).
Small debts. A debt of $500 or less may be paid before court approval if the claim was properly filed, the debt is legally due, and the estate is solvent; otherwise the personal representative is personally liable for resulting loss (NRS 150.230(3)).
Court order. When an account is settled after the claim period, the court orders payment of debts as the estate permits, stating each creditor’s sum if money is short (NRS 150.240(1)).
Claims not yet due, contingent or disputed. The amount is paid to the clerk and held until the holder is entitled to it (NRS 150.250(1)), but not if the estate is insolvent unless a pro rata distribution is ordered (NRS 150.250(3)).

Claims paid bear interest from the filing date at the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions on the January 1 or July 1 immediately before the filing date, plus 2 percent, unless a different rate applies by contract or otherwise. The rate adjusts each January 1 and July 1 until paid (NRS 147.220).

Funeral and last-illness expenses are payable from the estate and must not be charged to a surviving spouse’s community share (NRS 150.230(4)).

Which Estate Property Pays the Debts

If the will provides a source for paying debts, administration expenses or family allowances, that source is used to the extent it is enough (NRS 150.225(1)). Any shortfall comes first from property the will does not dispose of, then from property given to residuary devisees, then from all other devised property in proportion to value (NRS 150.225(2)).

Specific devises are exempt if the court finds that necessary to carry out the testator’s intent and other property is sufficient (NRS 150.225(2)). How devisees then share the burden is covered under distribution and closing.

Personal Liability of the Personal Representative

A personal representative is not bound by a promise to pay the decedent’s debts from personal assets unless it is in writing and signed by the personal representative or someone specially authorized (NRS 147.230).
Once the court orders payment of creditors, the personal representative is personally liable to each creditor for its claim or dividend, and is also liable on the bond (NRS 150.260).
A creditor left out of the order for payment cannot make paid creditors, heirs or devisees contribute. If the personal representative failed to give the required notice to creditors, that creditor may recover on the bond the amount that would properly have been allowed (NRS 150.270).

How I Can Help

I help personal representatives give proper notice to creditors, track claim deadlines, respond to claims, and prepare the accountings and petitions the court uses to order payment. I also assist creditors and beneficiaries with questions about claims in a Nevada estate. 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.