What Assets Don’t Go Through Probate in Nevada?
One of the biggest surprises families face after a death is that “the estate” isn’t always the same as “everything the person owned.” Some assets transfer automatically to new owners the moment someone passes away, while others require a court-supervised probate process to change legal title. Knowing the difference early can save families months of delay, reduce legal costs, and prevent unnecessary stress—especially when urgent financial or property issues are involved.
In Nevada, many commonly owned assets bypass probate entirely because of how they’re titled or designated. The challenge is that families often don’t realize which assets qualify until an account is frozen, a title company demands court authority, or heirs disagree about next steps. This is where guidance from a probate administration attorney in Las Vegas can be especially helpful, ensuring assets are categorized correctly before delays or avoidable disputes arise.
Probate vs. Non-Probate Assets: The Basic Rule
Probate is generally required for assets owned solely in the deceased person’s name with no beneficiary designation or automatic transfer feature. The court’s role is to appoint someone with authority to transfer ownership, pay debts, and distribute remaining property.
Non-probate assets, by contrast, already contain instructions for transfer. Ownership passes by title or contract rather than court order. Because no judge needs to approve the transfer, non-probate assets often move faster and with fewer expenses.
Jointly Owned Property With Right of Survivorship
Joint ownership with right of survivorship allows assets to pass directly to the surviving owner. This structure is commonly used for bank accounts and sometimes real estate.
However, not all joint ownership includes survivorship. If survivorship language is missing, the deceased person’s share may still require probate. This distinction is frequently overlooked and is a common cause of unexpected probate filings.
Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts
Many checking, savings, and investment accounts allow owners to name POD or TOD beneficiaries. When the account holder dies, the institution transfers the funds directly to the named beneficiary after receiving proper documentation.
Problems arise when beneficiary designations are outdated, incomplete, or missing entirely. If the listed beneficiary has died or the designation was never completed, the account may become a probate asset despite the owner’s original intent.
Retirement Accounts and Pensions
Retirement accounts such as 401(k)s and IRAs almost always bypass probate when beneficiaries are properly designated. These accounts are governed by beneficiary forms, not wills.
Even if a will leaves assets to someone else, retirement accounts typically follow the beneficiary designation on file. This makes reviewing and updating beneficiaries especially important after major life changes like divorce or remarriage.
Life Insurance Proceeds
Life insurance proceeds usually transfer outside probate when a valid beneficiary is named. Once the insurer receives a claim and death certificate, payment is made directly to that beneficiary.
If the policy names the estate—or no beneficiary at all—the proceeds may require probate and can be delayed. Beneficiary designations, not family expectations, control who receives life insurance benefits.
Trust-Owned Assets
Assets titled in the name of a properly funded trust avoid probate entirely. The successor trustee has the authority to manage and distribute those assets according to the trust terms without court involvement.
A common mistake is creating a trust but never transferring assets into it. If assets remain titled in the individual’s name, probate may still be required despite the existence of the trust.
Transfer-on-Death Deeds for Nevada Real Estate
Nevada allows transfer-on-death (TOD) deeds for certain real property. When properly executed and recorded during the owner’s lifetime, these deeds allow real estate to pass directly to a named beneficiary without probate.
TOD deeds do not eliminate mortgages, liens, or property taxes. The beneficiary inherits both the property and any attached obligations, making careful planning essential.
Vehicles and Simplified Transfers
Vehicles may be transferred without full probate under certain conditions, particularly when the estate is small and documentation is clear. Even when probate isn’t required, the DMV still requires proper paperwork to retitle the vehicle.
Issues often arise when titles are unclear, liens exist, or families attempt informal transfers without proper documentation.
Small Estate Procedures
Nevada offers small estate procedures that allow certain assets to be transferred without full probate administration. While these assets are not technically “non-probate,” the process is designed to be faster and less expensive.
Using the wrong procedure can result in rejection by banks or delays, so asset type and estate value must be evaluated carefully before filing.
Assets That Commonly Still Require Probate
Despite planning efforts, some assets frequently require probate, including:
- Real estate owned solely in the decedent’s name
- Bank accounts without POD/TOD designations
- Lawsuit proceeds payable to the estate
- Refunds or checks issued after death
- Valuable personal property without clear ownership documentation
These assets usually cannot be transferred without court authority.
Common Mistakes That Pull Assets Into Probate
Many probate issues stem from paperwork errors. Common mistakes include failing to update beneficiaries, naming the estate unintentionally, removing survivorship language during refinancing, or failing to fund a trust.
Informal family transfers before legal authority is established can also create disputes and legal complications later.
Titles and Beneficiaries Matter More Than Most People Realize
In Nevada, many assets bypass probate because of joint ownership, beneficiary designations, trusts, or transfer-on-death tools. But these mechanisms only work when paperwork is accurate and current.
If you’re managing a loved one’s affairs, start by listing each asset, confirming how it’s titled, and checking for beneficiary designations. That clarity often determines whether probate is required at all—and if it is, how limited the process can be.
