Probate is the court-supervised process of settling a person’s estate after they die. The court confirms whether there is a valid will and appoints someone to manage the estate. That person pays the debts and transfers the remaining property to the people entitled to it. In Las Vegas and the rest of Clark County, probate cases are handled by the Eighth Judicial District Court.
What does probate mean?
TL;DR: Probate is the legal process that gives someone authority to settle a deceased person’s affairs and makes sure property passes to the right people.
The word comes from the Latin for “to prove,” because the original purpose of probate was proving that a will is valid. Today, the term covers the entire process of settling an estate through the court, whether or not the person left a will. When someone dies, their bank accounts, home, and other property cannot simply be taken over by family members. Probate creates a legal path for that property to change hands.
What happens during probate?
TL;DR: Probate does four main jobs: validate the will, appoint a representative, settle debts, and distribute what is left.
| Job | What it means in practice |
| Validate the will | The court reviews the will to confirm it was properly signed and is the most recent valid version. If there is no will, Nevada’s intestacy laws decide who inherits. |
| Appoint a personal representative | The court gives one person legal authority to act for the estate, documented in court-issued letters. |
| Settle debts and taxes | Creditors are notified and given a set period to file claims. Valid debts and final taxes are paid from the estate. |
| Distribute the property | After the court approves, remaining assets go to the beneficiaries named in the will or the heirs set by law. |
The personal representative carries most of the responsibility at each stage, and many work with an attorney to avoid mistakes. If you want a closer look at that role, here is what a probate lawyer does during the process.
What are the key probate terms to know?
TL;DR: Probate comes with its own vocabulary. Knowing a handful of terms makes court paperwork and attorney conversations much easier to follow.
| Term | Meaning |
| Decedent | The person who died |
| Estate | Everything the decedent owned, minus what they owed |
| Testate | Dying with a valid will |
| Intestate | Dying without a valid will |
| Personal representative | The person appointed by the court to manage the estate |
| Executor | A personal representative named in the will |
| Administrator | A personal representative appointed when there is no will, or when the named executor cannot serve |
| Letters | The court document proving the personal representative’s authority, often requested by banks and title companies |
| Beneficiary | Someone named in a will to receive property |
| Heir | Someone entitled to inherit under state law when there is no will |
Does everybody who dies have to go through probate?
TL;DR: No. Probate only applies to property the person owned in their own name with no built-in way to transfer it. Many assets pass outside probate automatically.
| Usually goes through probate | Usually passes outside probate |
| A home titled only in the decedent’s name | A home held in a living trust or covered by a recorded deed upon death |
| Bank accounts with no payable-on-death beneficiary | Accounts with a payable-on-death or transfer-on-death beneficiary |
| Vehicles, investments, and personal belongings in the decedent’s name alone | Retirement accounts and life insurance with a living named beneficiary |
| A share of property owned with others as tenants in common | Property owned jointly with a right of survivorship |
Nevada also offers simpler options for smaller estates. Personal property of modest value can sometimes be collected by affidavit 40 days after death without any court case. Court-supervised shortcuts are also available: a set-aside for estates of $150,000 or less, and summary administration for estates up to $500,000.
At what stage do you need probate?
TL;DR: Probate is needed when someone dies leaving property in their own name that cannot pass by trust, beneficiary designation, joint ownership, or a small estate procedure.
The process typically starts within weeks of the death. In Nevada, whoever has the original will must deliver it to the court clerk within 30 days under NRS 136.050. From there, the usual sequence is a petition to the court, a hearing to appoint the personal representative, and then the creditor notice period. That period runs 90 days in general administration or 60 days in summary administration under NRS 147.040.
Signs that probate will likely be needed include:
- A bank or brokerage firm asks for letters before releasing an account.
- The family needs to sell or refinance a home that was titled only in the decedent’s name.
- The estate is too large for the affidavit or set-aside options.
- There is real estate and no trust or deed upon death in place.
Is it necessary to obtain probate?
TL;DR: If an estate requires probate, skipping it does not make the property pass on its own. It usually leaves the property stuck.
Without a court order or letters, no one has legal authority to sign for the decedent. That can create several problems:
- Accounts stay frozen. Banks generally will not release funds without proof of authority.
- Real estate cannot be sold. A title company will not insure a sale without a valid chain of title.
- Bills and taxes go unresolved. Debts and final tax returns still need to be handled by someone with authority.
- Problems pass to the next generation. Property left in a deceased person’s name can require probate later, sometimes for more than one generation at once.
How is probate different with a will versus without one?
TL;DR: A will tells the court who you want in charge and who inherits. Without one, Nevada law fills in both answers for you.
| With a will | Without a will | |
| Who manages the estate | The executor named in the will, if able to serve | An administrator chosen under Nevada’s priority rules |
| Who inherits | The beneficiaries named in the will | Heirs set by Nevada’s intestacy laws |
| Room for disputes | Lower when the will is clear and properly signed | Higher, especially in blended families |
| Is probate still required? | Yes, for assets in the decedent’s name alone | Yes, for assets in the decedent’s name alone |
A common misconception is that a will avoids probate. It does not. A will guides the probate process, while tools like a living trust can keep assets out of it.
If a loved one has passed and you are not sure whether their estate needs probate, our Las Vegas probate attorneys can help you sort out the next steps.
