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Posted on January 2, 2026 in probate
Uncertainty about how and when to act to resolve estate matters is stressful, especially when you’re grieving. “How long do you have to file probate after a death in Nevada?” is a question clients often ask our probate team at Ken R. Ashworth & Associates.
While there’s technically no cutoff for filing probate, it’s important to begin the process as soon as possible. You may also need to meet certain important document filing deadlines depending on the type of probate and whether there is a valid will. If you’re confused about this or other aspects of probate, we can help.
Probate is the legal process through which a deceased person’s (decedent’s) estate is administered. It can involve validating the decedent’s will, assessing their estate value, resolving disputes about property claims, paying debts, and transferring property to heirs or beneficiaries.
Not all assets are subject to probate. Under NRS 111.721, if a law or the terms of a contract dictate that an asset will pass to another party upon the owner’s death, that asset will not be a part of probate. An estate can avoid probate by securing assets to ensure immediate transfer of ownership, such as via living trusts and pay-on-death/transfer-on-death accounts. Consult our skilled Las Vegas probate attorneys to learn more about estate planning.
If a will exists, the first step in probate is to file it with your local district court clerk. Nevada law requires those in possession of the will to deliver it within 30 days or risk being liable to everyone named in the will for damages sustained from the delay. After the will is presented to the court, a loved one or any interested party can submit a petition to begin the probate process.
If the decedent died without a will, petitioning is the first step in probate. A 2025 Pew Research survey of US adults found that only 32% of respondents reported having a will.
The details of moving forward with probate depend on the value and nature of the decedent’s estate. There are four main processes to consider under Nevada probate laws.
A fast and easy alternative to the probate process is available via an Affidavit of Entitlement. This form transfers assets without court proceedings, and the earliest it can be filed is 40 days after the death.
A claimant who is not the spouse of the deceased can use this process if the estate is worth less than $25,000, not including the value of any vehicles, and doesn’t include land or houses. The decedent’s surviving spouse can file the Affidavit if the estate is worth less than $150,000 and includes no land or houses. This limit and other limits were increased from $100,000 under Senate Bill 404, which took effect in October 2025.
Other estates worth less than $150,000 can be “set aside without administration”. This is also faster than the typical probate process, although you’ll still need to go to court. If a will was lodged, the petitioner files a Petition to Prove Will and Set Aside Estate without Administration. There is a separate Set Aside petition for cases with no will. Petitions may be filed as early as 30 days after the death.
Estates valued between $150,000 and $500,000 go through a probate process called summary administration. This process is simpler than formal probate with less time, paperwork, and court involvement, but it still has its complexities. You should hire an attorney for summary administration, especially if you file the petition and are made the personal representative of the estate.
The personal representative must often file certain documents and send notices to heirs and creditors within deadlines set by Nevada law.
Finally, estates worth more than $500,000 are subject to general administration, which is even longer and more complicated than summary administration. The petitioner, if approved by the court, is appointed the personal representative of the estate and must meet crucial procedural deadlines.
A: Most assets are subject to probate in Nevada unless the estate has been planned to avoid it. Certain forms of asset ownership include tools for changing ownership upon death. For example, pay-on-death and transfer-on-death accounts designate beneficiaries who receive ownership of the account. Assets in trusts also usually bypass probate. If property is held in joint tenancy, ownership of the decedent’s share passes to the surviving owner.
A: The most effective way to avoid probate is through proper estate planning. If you’re worried about your estate, an estate planning lawyer can help make sure your loved ones don’t go through a long and potentially costly probate process. One strategy is to establish a living trust, which can protect most assets from probate, but not many people have one. A 2025 Caring.com survey of American adults found that only 13% of respondents had a living trust.
A: There is technically no time limit for filing probate in Nevada, but waiting puts inheritances in limbo and may cause other trouble. For example, suppose you were responsible for filing for probate; if your negligence deprived beneficiaries in a will of their inheritances, they may have grounds to take legal action. If you are named as an executor of a will, you can hire a probate lawyer to help you fulfill your responsibilities.
A: The cost of probate in Nevada varies significantly depending on case length, complexity, and the value of the estate. Summary and general administration cases tend to cost the most. Many sources say that summary and general administration cases in Nevada take at least 6-10 months, with some cases requiring over a year to complete. Our probate attorney can help you determine an estimated cost for probate based on your case specifics.
Our team at Ken R. Ashworth & Associates has over 30 years of experience with estate planning and probate law. Mr. Ashworth’s reputation as one of Las Vegas’s premier estate attorneys speaks to his deep understanding of the law and the personal challenges of the probate process. Contact us today to schedule your consultation and get support with your probate case.
Our offices are located in Las Vegas and Henderson, Nevada, and we regularly represent clients in the Clark County District Court.
