Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified Nevada attorney.

Understanding Nevada’s Year’s Allowance

Under Nevada law, a surviving spouse (or minor children under certain circumstances) may claim a year’s allowance from the decedent’s estate in lieu of or in addition to inheritance rights. This statutory allowance ensures that the family retains basic household furnishings and personal effects for one year following the decedent’s death. See NRS 145.010 and NRS 145.020.

Do You Need to List Personal Property Assets?

You do not have to list every personal property asset in the estate when you petition for a year’s allowance. Instead, you must:

1. File a petition in the probate proceeding identifying the items you elect to take as your allowance (e.g., household furniture, clothing, appliances up to the statutory value limits).
2. Reference the estate’s official Inventory and Appraisement filed by the personal representative under NRS 147.060, which lists all estate assets including personal property.
3. Describe the selected personal property with enough detail (e.g., “living room sofa, 2015 model” or “dining table and six chairs”) so the court and personal representative can identify and set aside those items.

The year’s allowance statute does not require you to compile a new, full inventory. The personal representative’s inventory suffices to inform the court of the estate’s total assets. Your petition should focus on the items you choose, provided the aggregate value does not exceed the statutory maximum.

Statutory Limits and Procedures

• Allowance for household furniture, furnishings, and appliances: up to $6,000. (NRS 145.010(1)(b))
• Allowance for personal property: up to $24,000. (NRS 145.010(1)(a))
• Petition filing deadline: Within 4 months after letters testamentary or of administration are issued. (NRS 147.100)
• Notice to heirs and beneficiaries: Must be served before the court acts on the petition. (NRS 147.090)

If the value of selected items exceeds statutory limits, the court may order you to return excess property or pay the difference in cash. The personal representative must comply with the court’s order to set aside the allowance before distributing remaining assets to heirs or beneficiaries.

When an Inventory Is Required

Under NRS 147.060, the personal representative must prepare a complete inventory and appraisement listing all real and personal property in the estate. You do not duplicate that task. Instead, refer to the representative’s inventory when selecting items for your allowance.

Next Steps

After filing your petition and identifying your chosen items:

• Attend the hearing set by the probate court.
• Provide the representative with an approved list of items.
• Ensure the representative timely segregates the property from other estate assets.

When to Seek Legal Advice

While this overview explains Nevada’s year’s allowance process, probate can be complex. Consider consulting a Nevada probate attorney if:

• The estate inventory values are unclear or disputed.
• Multiple claimants request the same items.
• You need help meeting court deadlines or form requirements.

Helpful Hints

• Review the personal representative’s inventory early to identify desired items.
• List your choices by room or category for clarity (e.g., “kitchen appliances,” “living room furniture”).
• Keep backup copies of petitions and service proofs.
• Check statute links on the Nevada legislature’s site for updates.
• File petitions promptly to avoid missing the 4-month deadline.