Nevada Wills & Probate: A Step-by-Step Guide
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ImmigrationBy 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 Nevada, probate is a court case in which the court has the power to administer, pay out and distribute the property of a person who has died to the people entitled to it, including devisees, heirs, creditors and others (NRS 132.275). A devisee is someone named in a will to receive property (NRS 132.100), and heirs are the people, including a surviving spouse and the State, who inherit when there is no will (NRS 132.165). The case is handled by a Nevada district court sitting in probate (NRS 132.116), which can take the case if the person who died lived in Nevada or left any property here (NRS 136.010(1)).
Nevada’s probate rules are in the Nevada Revised Statutes (NRS), Title 12, “Wills and Estates of Deceased Persons.” The law says these rules must be read so that estates are settled quickly and at the least expense to the parties (NRS 132.010). This guide walks through each stage in plain English, with a citation to the statute behind every rule.
How Nevada Probate Works
The person who runs the estate is called the personal representative. That term covers an executor (someone named in the will and appointed by the court), an administrator (someone not named in a will who is appointed by the court), a successor, and a special administrator (NRS 132.265, 132.130, 132.040). Here are the main stages.
- Before death: the will. A standard will must be in writing, signed by the person making it (or by someone at that person’s express direction), and witnessed by at least two competent witnesses, with separate rules for electronic and handwritten (holographic) wills (NRS 133.040). See Making a Valid Will. If there is no will, the person’s separate property passes under Nevada’s intestate succession rules (NRS 134.030); see Dying Without a Will.
- Deliver the will. Anyone who has a will must deliver it to the district court clerk or to the named personal representative within 30 days after learning of the death (NRS 136.050(1)).
- Decide whether full probate is needed. Some smaller estates can be handled by affidavit or by simpler court procedures (NRS 146.080, 146.070, 145.040). See Small Estates.
- Open the case. A named personal representative, a devisee or any other interested person may petition the court to prove the will (NRS 136.070(1)), and notice of the hearing must be given (NRS 136.100(2)). See Opening Probate.
- Appointment and letters. When a will is admitted to probate, the court directs letters to issue to the personal representative named in it (NRS 138.010(1)). Letters include letters testamentary, letters of administration, letters of administration with the will annexed, and letters of special administration (NRS 132.220). The personal representative must take an oath before letters issue (NRS 142.010(1)) and has no power until qualified, except to pay funeral charges and protect the estate (NRS 138.010(2)). See Executors and Administrators and Independent Administration.
- Gather and list the assets. The personal representative must take possession of the estate and collect money owed to it (NRS 143.030(1)), then file an inventory (NRS 144.010(1)). See Personal Representative Duties. A surviving spouse and minor children have special protections (NRS 146.010); see Family Protections.
- Notify and pay creditors. The personal representative must publish and mail a notice to creditors (NRS 147.010), and creditors must file claims on time or, with a limited exception for creditors who had no notice, lose them (NRS 147.040(3)). See Creditor Claims.
- Manage and sell property as needed. With some exceptions, sales must be reported to and confirmed by the court before title passes (NRS 148.060(1)). See Selling Estate Property.
- Account to the court. The personal representative files accounts showing money received and spent (NRS 150.080, 150.105). See Fees, Accountings and Taxes.
- Distribute and close. When the estate is ready, the personal representative files a final account (NRS 150.110(1)) and the court may order the rest of the estate distributed (NRS 151.080(1)). See Distribution and Closing.
An interested person (or the Attorney General) may challenge a will before the hearing on the petition for probate (NRS 137.010(1)). After the will is admitted, an interested person who was not a party to, and did not have timely notice of, an earlier contest may challenge it within 3 months after the order admitting it (NRS 137.080). See Will Contests.
Nevada Wills & Probate Topics
- Making a Valid Will in Nevada: Who can make a will, signing and witness rules, and electronic and handwritten wills.
- Changing or Revoking a Will: How a Nevada will can be changed with a codicil or revoked.
- How Wills Are Interpreted: How Nevada courts read a will, and what happens when people die at the same time.
- Dying Without a Will: Who inherits under Nevada intestate succession, and what happens when there are no heirs.
- Will Contests: Who can challenge a will, the deadlines, and transfers the law presumes are void.
- Small Estates: The small estate affidavit, setting aside an estate, and summary administration.
- Opening Probate: Where to file, delivering the will, the petition, and proving the will.
- Executors and Administrators: Who may serve, priority for appointment, bonds, and removal.
- Independent Administration: Running an estate with less court supervision under full or limited authority.
- Personal Representative Duties: Taking control of assets, the inventory, and ongoing responsibilities.
- Selling Estate Property: How estate real estate and personal property are sold, confirmed and conveyed.
- Family Protections: The probate homestead, exempt property, and the family allowance.
- Creditor Claims: Notice to creditors, claim deadlines, rejected claims, and the order of payment.
- Fees, Accountings and Taxes: Personal representative and attorney compensation, accounts, and estate tax apportionment.
- Distribution and Closing: Partial and final distribution, partition, discharge, and closing the estate.
- Special Situations: Notice rules, appeals, vexatious litigants, missing persons, and estates that pass to the State.
- Probate Glossary: Plain-English definitions of common Nevada probate terms.
Key Nevada Probate Deadlines at a Glance
The table below lists key time limits in the statutes. The court may, for good cause shown, extend or shorten times set in the probate title (NRS 155.070).
| Step | Timing | NRS |
|---|---|---|
| Anyone holding a will delivers it to the court clerk or the named personal representative | Within 30 days after learning of the death | 136.050(1) |
| Named personal representative who has the will presents it to the court clerk | Within 30 days after the death, or within 30 days after learning of being named | 136.050(2) |
| Petition to set aside an estate without administration | Not before 30 days after the death | 146.070(8) |
| Small estate affidavit may be used | 40 days after the death; written notice to other successors with equal or greater rights at least 14 days before signing the affidavit | 146.080(1), (2)(d), (2)(h) |
| Mailed or hand-delivered notice of a hearing on a petition | At least 10 days before the hearing | 155.010(1)(a) |
| Mail notice to creditors who are readily ascertainable | As soon as practicable after appointment | 155.020(4) |
| Creditors file claims | Within 90 days after mailing or first publication of the notice (60 days in summary administration) | 147.040(1), (4) |
| Personal representative allows or rejects filed claims | Within 15 days after the claim period ends, or the claim is deemed rejected | 147.110(1), (2) |
| Creditor responds to a rejected claim | Sue within 60 days after notice of rejection, or petition the court within 20 days after receiving the notice | 147.130(1), (2) |
| File the inventory | Within 120 days after letters issue, unless the court extends the time | 144.010(1) |
| Report a sale and petition for court confirmation | Within 30 days after each sale | 148.060(1) |
| Petition for partial distribution | Any time after 3 months from issuance of letters | 151.010(1) |
| Contest of a will after probate | Within 3 months after the order admitting the will | 137.080 |
| File the first account | Within 6 months after appointment, or sooner if the court requires | 150.080 |
| Report explaining why the estate is not closed (if no litigation or contested proceeding) | Within 6 months after appointment, or 18 months if a federal estate tax return is required | 143.035(2) |
| Close the estate | Within 18 months after appointment, except as that section otherwise provides | 143.037(1) |
| Record an order of distribution that conveys real property | Within 10 days after the order is entered | 151.110(3) |
| Appeal an appealable probate order | Within 30 days after notice of entry of the order | 155.190(1) |
How I Can Help
I help Nevada families and personal representatives understand where an estate stands and what the statutes require next, from delivering the will and opening the case through creditor claims, accountings and final distribution. I can also review whether a smaller estate may qualify for a simpler procedure. 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.