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What types of probate cases does Nevada have?

There are two types of probate cases in Nevada: informal and formal.

Informal cases are for smaller estates, under $100,000 in value. These cases do not require that an executor be appointed for the estate. Instead, a short document is used to transfer title to assets to the people listed in the will, or if there is no will, to the people identified by Nevada law as the heirs.

In some cases, the document does not need to be filed in court. As long as the estate does not have real estate or any unpaid debts, an affidavit of entitlement can be used to transfer bank accounts and other property, up to the “applicable amount.” The applicable amount is (as of 2018) $100,000 if the recipient of the estate is the deceased’s spouse, or $25,000 if the recipient is anyone else.

If the estate has real estate, debts, or is over the applicable amount, a different type of probate must be used. For estates over the applicable amount or under $100,000, a summary administration probate can be used. This type of case requires court filings and at least one hearing before the judge, but it is a relatively short process.

For larger estates, or estates that have business to handle before property ownership can be transferred (such as resolving a lawsuit, selling real estate), a formal probate will be required. In formal probate, an executor is appointed as the personal representative of the estate, and this person must account to the court and the heirs about how the property is handled and how it will be distributed. If the estate is more than $100,000, but less than $300,000, a “summary” or shortened probate procedure can be used. This is called summary administration. For estates over $300,00 (as of 2018), a general probate case is required.