Summary Administration Nevada: The Fast-Track Probate Option
Summary Administration Nevada: The Fast-Track Probate Option
If the estate you're settling is under $500,000, you likely don't need full General Administration — the most expensive, slowest form of Nevada probate. Nevada law provides two abbreviated alternatives that can save months and thousands of dollars in professional fees. Which one applies depends on the estate's value, what property is included, and whether you're the surviving spouse. Here's how to tell them apart and what each process actually requires.
Nevada's Three-Tier Probate System (Updated October 2025)
Nevada Senate Bill 404, effective October 1, 2025, revised the thresholds that determine which probate procedure applies:
- Set Aside (NRS 146.070): Net estate value under $150,000
- Summary Administration (NRS Chapter 145): Gross probatable assets $150,001–$500,000
- General Administration (NRS Chapter 138): Gross probatable assets over $500,000
The threshold type matters. Set Aside uses net value — debts and encumbrances like mortgages are deducted before calculating whether you qualify. Summary and General Administration use gross value of probatable assets before liabilities.
Set Aside: The Simplest Path for Smaller Estates
Set Aside under NRS 146.070 is the most streamlined formal probate option Nevada offers. It applies when the estate's net value (assets minus debts) is under $150,000. Critically, unlike the Affidavit of Entitlement — which is limited to personal property only — Set Aside can include real property. A house with equity can still qualify as long as the net value stays under the threshold.
What makes Set Aside different from other probate procedures:
No personal representative is appointed. There are no Letters Testamentary or Letters of Administration issued. Instead, the court signs a Set Aside Order that assigns the estate directly to the surviving spouse, minor children, or heirs. That order carries the same legal weight as Letters when dealing with banks, title companies, and other institutions.
Set Aside also provides a meaningful protection that general creditors often find frustrating: the court can assign the estate to a surviving spouse or minor children without requiring payment of general unsecured creditors. Priority creditors — funeral expenses, administration costs, secured debts — still get paid, but credit card companies and similar unsecured creditors may receive nothing if the estate is modest.
Timeline: You must wait 30 days after the decedent's death before filing a Set Aside petition.
Process: File a petition with the probate court in the county where the decedent lived. The court schedules a hearing. You notify interested parties. If no objections are filed and the petition is in order, the judge signs the Set Aside Order. The entire process can often be completed in 60 to 90 days, compared to six months or more for full General Administration.
Summary Administration: Expedited Probate for Mid-Size Estates
When the gross value of probatable assets falls between $150,001 and $500,000, Summary Administration under NRS Chapter 145 applies. This is still formal probate — you will need a petition, a court hearing, Letters of Administration or Letters Testamentary, an inventory, creditor publication, and a final accounting. But several features make it faster and less burdensome than General Administration.
The key difference: the creditor window. Under Summary Administration, creditors have 60 days from the date of first publication to file claims. Under General Administration, that window is 90 days. Those 30 days matter when you're waiting to distribute assets or close the estate.
Other potential simplifications: Nevada courts may waive certain notice requirements that apply in General Administration. The personal representative's bond requirement may be reduced or waived depending on the circumstances and whether the will expressly waives bond. Consult the local rules for Clark County (Eighth Judicial District) or Washoe County (Second Judicial District) for specifics, since each court has its own forms and procedural expectations.
What Summary Administration still requires:
- Petition for Letters Testamentary (if a valid will exists) or Letters of Administration (if there is no will)
- Notice of Hearing mailed to all heirs and the Nevada Department of Health and Human Services (DHHS) at least 10 days before the hearing
- Publication of notice to creditors in a local newspaper three times, with at least 10 days between the first and last publication
- Inventory and Appraisal filed within 60 days of appointment (some courts allow up to 120 days)
- Review and acceptance or rejection of creditor claims within 15 days after the creditor window closes; a rejected creditor then has 60 days to sue
- Final accounting and petition for distribution
- Court order of distribution and discharge of the personal representative
Summary Administration is expedited relative to General Administration, but it is not informal. Every major step requires court approval.
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When to Use Which Procedure
| Situation | Best Option |
|---|---|
| Net estate under $150,000, real property included | Set Aside (NRS 146.070) |
| Personal property only, under $25,000 (non-spouse) | Affidavit of Entitlement (NRS 146.080) |
| Personal property only, under $150,000 (spouse) | Affidavit of Entitlement (NRS 146.080) |
| Gross probatable assets $150,001–$500,000 | Summary Administration (NRS Chapter 145) |
| Gross probatable assets over $500,000 | General Administration (NRS Chapter 138) |
If the estate has both real and personal property with a net value under $150,000, Set Aside is almost always the right choice — it handles real property without appointing a personal representative and without the full creditor publication cycle required in Summary Administration.
Clark County vs. Washoe County: What Changes Locally
The procedures above apply statewide, but the court logistics differ by county.
Clark County (Las Vegas): Probate matters are heard in the Eighth Judicial District Court, Departments PC-1 and PC-2, staffed by Probate Commissioners. Electronic filing is handled through Odyssey File & Serve. Self-represented filers can get procedural assistance at the Civil Law Self-Help Center (civillawselfhelpcenter.org), which publishes Set Aside and Summary Administration packet forms.
Filing fees in Clark County: $284.50 for estates in the $20,000–$300,000 range; $537.50 for estates $300,000 and above.
Washoe County (Reno): Probate is handled in the Second Judicial District Court under local rules WDCR10. Electronic filing uses the eFlex system. Washoe County offers a Probate Lawyer in the Library program that provides free brief consultations with a licensed attorney. Forms are available at washoecourts.com/probate/forms.
Filing fees in Washoe County: $269.50 for smaller estates; $522.50 for larger estates.
Both counties have self-help resources, but neither provides legal advice — only procedural guidance. If the estate involves disputes among heirs, contested creditor claims, or real property with title complications, professional legal help is worth the cost.
Executor and Attorney Fees in Summary Administration
Even in Summary Administration, if you hire a professional executor or attorney, Nevada statute sets the maximum they can charge.
Executor commissions (NRS 150.020): 4% of the first $15,000; 3% of the next $85,000; 2% of amounts over $100,000.
Attorney fees (NRS 150.060): 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000.
On a $300,000 estate, executor commissions would be approximately $5,950. Attorney fees on the same estate would be approximately $9,000. These fees are in addition to court filing costs and publication expenses. For smaller estates that qualify for Set Aside, those professional fees are largely avoidable — there is no personal representative appointed and no attorney required, though you may choose to consult one.
The Most Common Calculation Mistake
Families often assume an estate is too large for Set Aside because they're looking at gross asset values. A home worth $300,000 with a $200,000 mortgage and $30,000 in unsecured debt has a net value of $70,000 — well inside Set Aside territory. Run the net calculation before assuming you need Summary or General Administration.
For a complete step-by-step breakdown of each tier — including petition checklists, creditor deadline calendars, inventory requirements, and court forms for Clark and Washoe counties — see the Nevada Probate Process Guide.
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