Is probate required in Nevada?

Probate is required when a person who dies owns assets in his or her name only, or with other people as tenants in common.

Assets that have “joint tenants with right of survivorship” or “community property with right of survivorship” do not pass through probate. Instead, title can be transferred to the survivor using a certificate of incumbency or affidavit terminating joint tenancy. This document is recorded with the county recorder’s office.

Assets that have beneficiary designations (which may also be known as “payable on death” accounts) do not pass through probate. This includes bank accounts (if the beneficiary is named and still alive), retirement accounts, annuity contracts and insurance policies.

If probate is required to change ownership of assets, the next question is whether the value of the assets is low enough to qualify for an expedited probate process, or whether it must go through the standard process.