How to Avoid Probate in Nevada
The legal ways to pass property outside probate in Nevada: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: deeds upon death for real property under the Uniform Real Property Transfer on Death Act (NRS 111.655 to 111.699); NRS 111.655-111.699, 482.247, 163.004, 146.080
| Ways to avoid probate | Non-probate options include: deeds upon death for real property under the Uniform Real Property Transfer on Death Act (NRS 111.655 to 111.699); certificates of title in beneficiary (TOD) form for vehicles, trailers and semitrailers (NRS 482.247); a revocable trust that expressly reserves the right to revoke (NRS 163.004); and the small estate affidavit for estates without Nevada real property under the NRS 146.080 limits (with a higher limit for a surviving spouse). Deed upon death: https://www.leg.state.nv.us/NRS/NRS-111.html; small estate affidavit: https://www.leg.state.nv.us/NRS/NRS-146.html |
|---|---|
| Small estate affidavit | If the decedent left no Nevada real estate, a person entitled to the property may collect it by affidavit 40 days after death, without court letters. Limit: gross value of up to $25,000 for most claimants, or up to $150,000 if the claimant is the surviving spouse. Armed Forces pay owed to the decedent and registered motor vehicles are not counted toward the limit. The affidavit cannot be used for real estate. Source: NRS 146.080 |
| Transfer-on-death deed | Yes, a "deed upon death". An owner may sign a deed that passes real property to one or more beneficiaries at death. It is valid only if executed and recorded with the county recorder before the owner's death. No notice to, delivery to, or payment by the beneficiary is needed, and the owner keeps full rights during life (including to sell or mortgage). The statute provides a form, a revocation form and a Death of Grantor Affidavit. |
More Nevada estate law
- Medical Power of Attorney in Nevada
- Small Estate Affidavit in Nevada
- Power of Attorney in Nevada
- Quitclaim Deeds and Transferring Property in Nevada
- Who Inherits If You Die Without a Will in Nevada
- How to Make a Valid Will in Nevada
- How Probate Works in Nevada
- Living Wills and Advance Directives in Nevada
- Revocable Living Trusts in Nevada
- Executor Duties in Nevada
- Letters Testamentary in Nevada
- Affidavit of Heirship in Nevada
- Transferring a Car After Someone Dies in Nevada
- All Nevada wills, probate and estate rules
FAQ
How can you avoid probate in Nevada?
Non-probate options include: deeds upon death for real property under the Uniform Real Property Transfer on Death Act (NRS 111.655 to 111.699); certificates of title in beneficiary (TOD) form for vehicles, trailers and semitrailers (NRS 482.247); a revocable trust that expressly reserves the right to revoke (NRS 163.004); and the small estate affidavit for estates without Nevada real property under the NRS 146.080 limits (with a higher limit for a surviving spouse).
What is the small estate limit in Nevada?
If the decedent left no Nevada real estate, a person entitled to the property may collect it by affidavit 40 days after death, without court letters. Limit: gross value of up to $25,000 for most claimants, or up to $150,000 if the claimant is the surviving spouse. Armed Forces pay owed to the decedent and registered motor vehicles are not counted toward the limit. The affidavit cannot be used for real estate.
Does Nevada allow transfer-on-death deeds?
Yes, a "deed upon death". An owner may sign a deed that passes real property to one or more beneficiaries at death. It is valid only if executed and recorded with the county recorder before the owner's death. No notice to, delivery to, or payment by the beneficiary is needed, and the owner keeps full rights during life (including to sell or mortgage). The statute provides a form, a revocation form and a Death of Grantor Affidavit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.