Streamlined Probate for Small Estates in Nevada
When a loved one passes away, you may discover that their estate is relatively small and straightforward. In Nevada, if the total value of the estate is less than $150,000, you may not need to go through the lengthy and expensive formal probate process. Instead, Nevada law offers a simplified procedure known as a “Set Aside Without Administration.”
At Boyer Law Group, our experienced Las Vegas probate attorneys understand that dealing with the legal system after a loss can be overwhelming. We specialize in helping families navigate Set Aside Proceedings efficiently, ensuring that assets are transferred to the rightful heirs or beneficiaries as quickly and smoothly as possible, without the burden of full probate administration.
What is a Set Aside Proceeding in Nevada?
A Set Aside Proceeding is a simplified legal process designed for small estates. Under Nevada Revised Statutes (NRS 146.070), if the gross value of a decedent’s estate (the sum of all assets minus any mortgages or encumbrances on those assets) does not exceed $150,000, the court can order the estate to be “set aside” and distributed directly to the surviving spouse, minor children, or other rightful heirs.
This process is significantly faster and less costly than general or summary probate administration. While a formal probate can take six months to over a year to conclude, a Set Aside Proceeding can often be completed in a matter of weeks once the required 30-day waiting period after the decedent’s passing has elapsed.
Our Set Aside Proceeding services include:
- Evaluating the estate to determine eligibility for a Set Aside.
- Calculating the gross value of the estate, properly accounting for encumbrances.
- Preparing and filing the Petition to Set Aside Estate Without Administration.
- Providing the required legal notice to all heirs, devisees, and known creditors.
- Representing you at the court hearing to obtain the Set Aside Order.
- Assisting with the transfer of assets once the order is granted.
The Trust Exception: Set Asides With No Dollar Limit
It is incredibly common for families to discover that while their loved one created a trust, they forgot to properly fund it — meaning certain assets, like a newly purchased home or a bank account, were never transferred into the trust’s name before they passed away. In these situations, Nevada law provides a powerful solution. Where there is a trust, a set aside into the trust may be requested, and there is no limit on the dollar value of the assets when requesting a set aside into a trust.
This means that even if the left-out asset is a property worth well over $150,000, our attorneys can petition the court to set aside that asset directly into the trust — effectively bypassing the lengthy formal probate process entirely. By utilizing this strategy, we help successor trustees quickly consolidate the estate’s assets, preserve the privacy the trust was designed to provide, and proceed with trust administration as the decedent originally intended — without the delays and costs of a full probate proceeding.
If you are a successor trustee dealing with an unfunded asset, time matters. The sooner you act, the sooner your family can move forward. Contact Boyer Law Group today to find out whether a trust set aside can save your family time and significant probate costs.
Eligibility for Set Aside Without Administration
To qualify for a Set Aside Proceeding in Clark County and throughout Nevada, the following criteria must generally be met:
- Estate Value: The gross value of the estate, minus any encumbrances (such as a mortgage on a property), must be less than $150,000.
- Waiting Period: At least 30 days must have passed since the date of the decedent’s death.
- Entitlement: The person petitioning must be entitled to the assets, either through the decedent’s will or, if there is no will, through Nevada’s laws of intestate succession.
It is important to note that certain assets, such as property held in a trust, assets with direct beneficiary designations (like life insurance or retirement accounts), and property held in joint tenancy, do not count toward the $150,000 limit. Our attorneys can help you accurately inventory the estate to confirm eligibility.
Protection for Surviving Spouses and Minor Children
Nevada law provides special protections for surviving spouses and minor children. If the estate’s value does not exceed $150,000, the court must set aside the estate for the support of the surviving spouse and minor children, prioritizing them over creditors. This ensures that the immediate family is not left destitute and can access necessary funds quickly.
If the estate is under $150,000, and the petitioner is not a surviving spouse or minor child, the court has the discretion to set aside the estate, but it may require that valid creditor claims be paid from the estate assets before distribution.
Frequently Asked Questions About Set Aside Proceedings
While traditional probate can take many months, a Set Aside Proceeding is much faster. Once the initial 30-day waiting period has passed, the petition can be filed. The court typically schedules a hearing within 30 to 45 days. In most cases, the entire process can be completed in 6 to 8 weeks.
While it is possible to file the petition on your own, hiring an experienced probate attorney is highly recommended. Calculating the estate value correctly, identifying all necessary parties for notice, and ensuring the petition meets all court requirements can be complex. An attorney will ensure the process is done correctly the first time, preventing costly delays.
If the net value of the estate exceeds $150,000, it will not qualify for a Set Aside Proceeding. Depending on the exact value, the estate may qualify for Summary Administration (for estates up to $500,000) or it may require General Administration. Our attorneys can evaluate the assets and advise you on the most appropriate legal path.
Contact a Las Vegas Set Aside Proceedings Attorney Today
If you believe your loved one’s estate may qualify for a Set Aside Proceeding, do not navigate the legal system alone. Let the dedicated and compassionate team at Boyer Law Group guide you through this simplified process, saving you time, money, and stress.
As your trusted Las Vegas probate and trust attorneys, we are here to provide the expert legal support you need. Contact us today for a free consultation to discuss your specific situation. Call (702) 255-2000 or fill out our online contact form to get started.