Changes to Nevada Law’s Estate Administration

Changes to Nevada Law’s Estate Administration

83Rd Session of the Nevada State Legislature 2025

While this may be a seemingly boring topic to some, the issue of estate administration has real impact on each and every Nevadan, and indeed, American. During the 83rd Nevada Legislature, the Probate and Trust section of the Nevada State Bar worked to amend the laws of the State of Nevada to improve the administration of estates after a loved one dies. Let me take this opportunity to say: please, please make your estate plan! Have a competent attorney draft an estate plan that meets your needs to avoid probate or the hassle of a legal process upon your death. The hard truth of this world is that when we die there are many items of administration that must be handled, and if you have empathy or sympathy for those you leave behind, do them the favor of making sure your affairs are in order. This means having powers of attorney for health and financial decisions and making sure your assets are held in trust or flow to your beneficiaries outside of the probate process. NEVER – jointly title assets with children or third parties. This may seem like a good idea, but this creates major tax issues and can result in very unequitable outcomes.

This session under Senate Bill 404 the laws of the state of Nevada for estate administration, saw some significant changes. First, under chapter 139 of the NRS, which is the chapter handling the Appointment of Administrators, NRS 139.040, was amended to include other family members in the order of priority appointment to the role of administrator. The law was changed to provide that the following people, in this order, to be the administrator of an intestate estate (the italicized words are the new changes):

1. The surviving spouse.

2. The children.

3. The grandchildren.

4. Other issue.

5. A parent.

6. A sibling.

7. Any other kindred entitled to share in the distribution of the estate.

8. The public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable,

9. Creditors who have become such during the lifetime of the decedent.

10. Any of the kindred not above enumerated within the fourth degree of consanguinity

11. Any person who is legally qualified upon a finding of good cause.

These changes provide more clarity and a longer list of individuals who can be appointed to administer the estate of a person who died without an estate plan. This makes it much easier on the courts to appoint someone to simply do the job.

The next change we saw that has direct impact on the public at large is the increase the thresholds for a “full probate” or a “summary administration,” of an estate. A summary administration has less stringent requirements and takes less time than a full administration, or full probate. Chiefly, if the gross value of the estate does not exceed $500,000, then we can do a summary administration. This is a change from the $300,000 it was previously. This change was made, in part, due to the increase in property values we have experienced in Northern Nevada.

Next, if a person dies intestate (without a will or trust) and leaves assets in their name, their surviving spouse can set aside assets to themselves without a court process at all. Prior to the recent changes the spouse could only set aside assets with an aggregate value of $100,000 or less, now that number is $150,000. Hooray! Fortunately, or unfortunately, all other third persons (including children) still have a maximum cap in the amount of $25,000.

These changes and several others will assist the speedy administration of estates in Nevada, reaffirming that Nevada is one of the more efficient states in the Nation for the administration of estates after death.

Reach out to Surratt Law to speak with an experienced estate planning attorney who can help ensure your wishes are protected, your assets are secure, and your legacy is handled exactly the way you intend.