A house or land without probate in Nevada
An owner can create a deed upon death that conveys real property to beneficiaries when the owner dies. After the last owner dies, a Death of Grantor Affidavit with a copy of the death certificate and a declaration of value is recorded with the county recorder.
Checked against official sources: October 30, 2026.
Transfer-on-death (TOD) and payable-on-death (POD) in Nevada
- Real estate (TOD deed)
Yes · Deed upon death
An owner can create a deed upon death that conveys real property to beneficiaries when the owner dies. After the last owner dies, a Death of Grantor Affidavit with a copy of the death certificate and a declaration of value is recorded with the county recorder. If the probate estate cannot pay allowed claims, the property can be reached for them.
Law: NRS 111.655-111.699
Source: Official page
Does real estate count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
Real estate in Nevada | Own procedure, up to $150,000 | If the person owned any Nevada real estate, the affidavit cannot be used. A set aside petition can cover an estate with real estate worth up to $150,000 after liens. Law: NRS 146.080(1), 146.070 |
Main home (primary residence) | Own procedure, up to $150,000 | A home in Nevada rules out the affidavit. It can go through a set aside petition if the estate is worth up to $150,000 after liens. Law: NRS 146.080(1), 146.070 |
Surviving spouse in Nevada
Nevada is a community property state: at death, half of the community property is the surviving spouse's own property, and only the person's half is subject to probate. A surviving spouse can use the affidavit of entitlement up to $150,000 (deaths from October 1, 2025). In a set aside, if there is a surviving spouse or minor child, the court must set the estate aside for them, generally without paying creditors. The spouse and minor children may stay in the homestead and keep household items and clothing.
Law: NRS 123.250; NRS 146.070(3)-(4); NRS 146.010
Who inherits with no will in Nevada
If there is no will, the surviving spouse keeps their half of community property and gets the person's half. Of separate property: with a spouse and one child, half goes to each; with a spouse and more than one child, the spouse gets one-third and the children share the rest. With a spouse and no children, the spouse gets half and the parents get half; with no children or parents, the spouse gets half and brothers and sisters share half. With no spouse, everything goes to the children (or their descendants), then parents, then brothers and sisters, then next of kin.
Law: NRS 123.250, 134.040-134.100
Source: Official page
Related pages
Free help in Nevada
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Civil Law Self-Help Center (Clark County, linked from the Nevada Self-Help Center)
- State Bar of Nevada: Find a Lawyer
- Nevada Supreme Court Self-Help Center: Small Estates
- Nevada Self-Help Center: Affidavit of Entitlement
- Nevada Self-Help Center: Petition to Set Aside Without Administration
- Nevada Self-Help Center: Direct Transfer of Property
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372