What the rule says
Nevada provides a streamlined alternative to formal probate. Under Nev. Rev. Stat. § 146.070, 'set aside without administration' is available when:
- The total net value of the estate does not exceed $100,000 - The surviving spouse and/or minor children are entitled - Specific procedural requirements are met
What this means in practice
Key practical points:
- $100,000 threshold covers a meaningful range of small estates. - Real and personal property both covered. - Joint property and beneficiary-designated assets are not counted. - Court involvement. Nevada's procedure operates through the probate court but with reduced formalities. - Family-favored. The procedure prioritizes family members (spouse and minor children) for direct receipt.
How this fits with NV's other tools
Nevada offers several alternatives to formal probate:
- Set aside without administration (§ 146.070): Up to $100,000. - Affidavit of entitlement (§ 146.080): Personal property up to $25,000. - Summary administration (§ 145): Estates up to $300,000 with reduced formalities. - Standard probate: Court-supervised when warranted. - TOD deed (Nev. Rev. Stat. § 111.655 et seq.): Nevada recognizes TOD deeds.
What you can do about it
For a survivor of a Nevada decedent:
1. Calculate the estate value. 2. Determine the appropriate procedure based on estate size and family structure. 3. File petition or affidavit as appropriate.
Who this affects most
Nevada's set-aside procedure is most relevant for surviving spouses and minor children of Nevada decedents with modest estates.