Do you need probate administration in Nevada when there is no will?

This FAQ explains when probate is required in Nevada if a person dies without a will (intestate). It uses plain language, summarizes common exceptions and alternatives, and points you to Nevada resources. This is general information only and not legal advice.

Detailed answer: When is probate required in Nevada if there is no will?

Short answer: Often, but not always. Whether you must open a probate estate in Nevada depends on what the decedent owned, how assets were titled, and whether legal mechanisms (like joint ownership or beneficiary designations) allow property to pass outside probate.

How Nevada treats intestate (no-will) deaths

If someone dies without a valid will (intestate), Nevada law provides rules that determine who inherits the decedent’s property. The rules of intestate succession specify which relatives take the estate and in what shares. Nevada’s statutory scheme for probate and intestacy is set out in the Nevada Revised Statutes (NRS); see the Nevada Legislature’s NRS index for relevant chapters: https://www.leg.state.nv.us/NRS/. For practical probate guidance, the Nevada Courts’ self-help probate pages are helpful: https://nvcourts.gov/Self_Help/Probate/.

When probate is generally required

• Assets owned solely in the decedent’s name (real estate, bank accounts, vehicles titled only to the decedent) usually must go through probate to transfer legal title.
• If the decedent had creditor obligations, the probate process provides a legal mechanism for notifying creditors and resolving claims against the estate.
• If third parties (heirs, creditors, or potential beneficiaries) contest who should receive assets, probate gives the court authority to decide.

Common situations where probate may not be necessary

• Joint tenancy or community property with right of survivorship: Property titled jointly with survivorship typically passes automatically to the surviving owner and avoids probate.
• Payable-on-death (POD) or transfer-on-death (TOD) beneficiary designations: Bank accounts, retirement plans, life insurance proceeds, and some securities pass directly to named beneficiaries outside probate.
• Revocable living trusts: Assets properly funded into a trust pass under the trust terms without probate.
• Small estate procedures: Many states provide simplified procedures when the estate’s probate assets are below a statutory threshold; Nevada has simplified or expedited remedies in limited circumstances, which can avoid full probate. Check the Nevada Courts self-help resources or consult an attorney about small estate options.

Practical steps to determine whether probate is required

1. Make an inventory of the decedent’s assets and how each is titled (sole name, joint name, trust, or with beneficiary).
2. Check beneficiary designations on retirement accounts, life insurance and transfer-on-death registrations.
3. Look for a trust or other estate planning documents that could control distribution outside probate.
4. Contact the county probate clerk where the decedent lived to ask about filing requirements; each county may have local forms and procedures.

What happens if you open probate in Nevada?

When probate is opened, an interested person files a petition with the local probate court asking the court to appoint a personal representative (sometimes called an administrator in intestate cases). The court supervises the collection of assets, payment of valid debts and taxes, and distribution of remaining assets according to Nevada’s intestacy rules. The court also provides an orderly process for creditors to present claims.

Timeframe and costs

Probate time and costs vary with estate complexity. Simple estates or agreed distributions close faster. Estates with real property, disputes among heirs, or unresolved creditor claims take longer and cost more. Because probate involves court filings, notices, and possibly attorney and personal representative fees, families should weigh whether alternatives to probate apply.

Statute references and resources

• General Nevada statutes and the probate code: Nevada Revised Statutes (NRS) — main index: https://www.leg.state.nv.us/NRS/.
• Nevada Courts — Probate self-help and forms (procedures vary by county): https://nvcourts.gov/Self_Help/Probate/.

If you need exact statutory language for intestate succession, probate administration, small estate procedures, or transfer-on-death rules, consult the NRS index above or ask a Nevada-licensed attorney to point to the precise chapters and sections applicable to your situation.

Helpful Hints

• Gather the decedent’s documents first: death certificate, deed(s), account statements, titles, retirement plan information, insurance policies, and any trust documents.
• Look for beneficiary designations and jointly titled assets — they often let property pass outside probate.
• Order multiple certified copies of the death certificate early; many institutions require an original sealed copy to release assets.
• Check with the county probate clerk where the decedent lived before filing — they can provide required local forms and fee information.
• Consider whether a small estate affidavit or another simplified procedure might apply before starting full probate.
• If family members disagree, consider mediation or speak with an attorney experienced in Nevada probate and intestacy law.
• Keep detailed records of communications and distributions — the personal representative must account for estate activities.

Next steps

If you think probate is necessary or you are unsure, contact the Nevada county probate court clerk or a Nevada-licensed attorney for advice tailored to your facts. The courts’ self-help pages provide forms and procedural guidance for common probate tasks: https://nvcourts.gov/Self_Help/Probate/.

Disclaimer: This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a Nevada-licensed attorney.