Las Vegas has long attracted part-time residents, retirees, and investors from California, Arizona, Utah, and well beyond. Many of them own a condo, a vacation home, or a rental property here while living somewhere else. When one of them dies, the family often learns that probate in the home state does not settle the Nevada property. A second, separate proceeding may be needed here.
That second proceeding is called ancillary probate. Here is when it is required, how it works in Nevada, and how families and property owners can plan around it.
What ancillary probate is
The main probate case is usually opened in the state where the decedent lived at death, called the domiciliary state. That court has authority over the decedent’s personal property and the real estate located in that state. It does not have authority to transfer title to real estate in another state.
Nevada courts can take jurisdiction over an estate when the decedent lived in Nevada or when any part of the estate is located in Nevada, under NRS 136.010. A Nevada proceeding opened to deal with Nevada property belonging to an out-of-state decedent is commonly called ancillary probate.
When ancillary probate is needed
The most common trigger is Nevada real estate titled in the decedent’s name alone. A probate proceeding in Nevada is typically not needed for property that passes another way, such as:
- Real estate held in a funded living trust
- Property owned in joint tenancy with right of survivorship
- Property covered by a recorded Nevada deed upon death
- Accounts with a payable-on-death or transfer-on-death beneficiary
A common surprise involves trusts. A homeowner may have a well-drafted California trust but never deeded the Las Vegas condo into it. The trust controls everything else, but the condo is still titled in the decedent’s individual name. Our article on what happens when a loved one forgets to put an asset into their trust covers that situation.
Small Nevada assets may not need a full case
Ancillary probate is not always a full administration. If the decedent left only personal property in Nevada, such as a bank account, and the value is within the limits, Nevada’s small estate affidavit can be used even though the decedent lived elsewhere. Our guide to using a small estate affidavit in Nevada explains the requirements.
The affidavit cannot be used when the estate includes any Nevada real property. For estates with a net Nevada value up to $150,000, a set aside under NRS 146.070 can reach real property without appointing a personal representative. Larger Nevada estates proceed through summary administration (up to $500,000, at the court’s discretion) or general administration. Our overview of Nevada probate thresholds compares the tracks.
The value that matters is the value of the Nevada estate. A Nevada inventory includes only real property located in Nevada, so a large estate elsewhere does not automatically push a modest Las Vegas condo into general administration.
How a will from another state is handled
When the decedent’s will has already been admitted to probate in the home state, Nevada does not require the family to prove it again from scratch. Under NRS 136.260, a personal representative, a nominee, or another interested person can present a duly certified copy of the will and the order admitting it to probate, along with a petition.
Notice is given in the same way as for a Nevada will, and the court holds a hearing. If the court is satisfied that the will was properly proved elsewhere and was executed according to the law of the place where it was made, where the decedent lived, or Nevada, the will is admitted with the same force as if it had been probated here first.
Nevada law also provides a path for wills from jurisdictions where probate is not required, using a certified copy from the will’s legal custodian.
Who can serve as personal representative here
Residency matters. Under NRS 139.010, a personal representative generally must be a Nevada resident unless the person was named in the will or serves together with a Nevada resident as co-administrator. In practice:
- An out-of-state executor named in the will can usually serve in the Nevada proceeding.
- When there is no will, or no named executor is available, an out-of-state family member will typically need a Nevada resident to serve alongside them.
The other qualification rules, including the changes made by SB 404, apply in ancillary cases too. Our guide to who can serve as personal representative of a Nevada estate covers them in detail.
When there is no will
If an out-of-state decedent died without a will, questions arise about which state’s inheritance rules govern which assets. Nevada real property is generally governed by Nevada law, which means Nevada’s intestacy rules can control who inherits the Las Vegas property even if a different set of rules applies to assets in the home state. That difference can matter a great deal for blended families or estates with no surviving spouse. Our article on what happens if someone dies without a will in Nevada explains the Nevada scheme.
Marital property raises similar questions. Nevada and California are both community property states, but how a particular asset is characterized can depend on when and where it was acquired. These issues are worth raising with counsel early.
Coordinating two proceedings
Running probate in two states means two courts, two sets of filings, and two sets of deadlines, including separate creditor notice periods. A few practical points help:
- Start the home-state case promptly. A certified copy of the order admitting the will there makes the Nevada filing simpler.
- Protect the Nevada property in the meantime. Keep insurance, HOA dues, and the mortgage current. If someone needs authority urgently, Nevada allows the court to appoint a special administrator to preserve estate assets.
- Keep the attorneys in both states talking. Debts, distributions, and accounting need to line up across the two cases.
Avoiding ancillary probate through planning
For anyone who lives outside Nevada but owns real estate here, ancillary probate is usually avoidable. The most common approaches are deeding the property into a living trust or recording a Nevada deed upon death. Each has advantages and trade-offs, and the right choice depends on the rest of the estate plan. Our overview of what a complete estate plan includes is a good starting point.
Frequently asked questions
Do I have to come to Las Vegas for ancillary probate?
Often not, or only rarely. Much of the process is handled through filings, and many hearings proceed without the personal representative appearing in person. Your attorney can tell you what to expect in your case.
Can the Nevada property be sold during ancillary probate?
Yes, once a personal representative is appointed here and the required procedures are followed. Our article on selling a house during probate in Nevada explains the options.
Does the Nevada case have to wait for the home-state case to finish?
Generally no. The Nevada case typically starts once the home-state court has admitted the will, and the two then proceed side by side.
What if the decedent lived abroad?
Nevada law can admit wills proved in other countries, and certain foreign notarial wills, through the same foreign will procedure. These cases often involve translation and additional documentation.
Help with Nevada property in an out-of-state estate
Families handling an estate from another state are often managing grief, distance, and two unfamiliar court systems at once. Local counsel can take the Nevada side off their plate.
Solomon Dwiggins Freer & Steadman, LTD. regularly works with families and out-of-state attorneys to administer Nevada property belonging to nonresident decedents. Learn more about our probate and estate administration practice, or call our Las Vegas office at (702) 853-5483.