Nevada’s SB 404: What Changed on October 1, 2025—and What It Means for Probate and Trust Planning

Effective October 1, 2025, Senate Bill 404 (83rd Legislature) updated several core provisions of Nevada’s probate and trust statutes. The legislation modernizes thresholds, clarifies fiduciary rules, and refines trustee powers—streamlining administration while preserving Nevada’s position as a premier trust jurisdiction.

At a Glance: Key Probate Threshold Changes

• Affidavit of Entitlement (NRS 146.080): Increased to $150,000 for a surviving spouse (previously $100,000).
• Set Aside Without Administration (NRS 146.020; NRS 146.070): Increased to $150,000 (previously $100,000).
• Summary Administration (NRS 145.040): Increased to $500,000 (previously $300,000).
• General Administration (NRS 145.110): Now begins at $500,000.01 (previously $300,000.01).

Effective date: Applies to probate filings made on or after October 1, 2025. There is no retroactive application to cases filed before that date.

Practical impact: More estates qualify for simplified procedures, particularly those consisting largely of a Nevada residence valued between $300,000 and $500,000.

Administration and Priority to Serve

• Appointment of Administrators (NRS 139.040): The statutory priority to serve has been revised. Notably, grandchildren now rank ahead of parents in the priority order. This matters in intestate estates or when a will does not nominate a personal representative.
• Independent Administration (NRS 143.340): Independent administration is now limited to (i) a personal representative named in a will, (ii) a surviving spouse, and (iii) family members of the decedent. This narrows who may proceed with fewer court approvals.

Small Estate Pathways: What Qualifies and When

• Affidavit of Entitlement (Surviving Spouse only):
  • Limit increased to $150,000 of probatable assets.
  • Still unavailable for real property. Suitable for bank accounts, vehicles, and personal property.
  • Earliest use is 40 days after death, subject to existing statutory conditions (including payment or arrangement of debts).
• Set Aside Without Administration:
  • Limit increased to $150,000.
  • Court order required, but no full probate administration.
  • Can include real property within the threshold.

Summary vs. General Administration

• Summary Administration (≤ $500,000 probatable assets):
  • Shorter timelines, reduced filings, fewer hearings.
  • Typical duration is materially less than general administration.
• General Administration (> $500,000 probatable assets):
  • Full court supervision, full inventories and accounts, multiple hearing touchpoints.

These changes are structural, not procedural—the steps within each track are largely unchanged. The differences are driven by the revised dollar thresholds.

Understanding “Probatable” Assets

Only probatable assets count toward the thresholds:

• Typically included: solely owned real property; bank/brokerage accounts without beneficiary designations; vehicles titled solely to the decedent; tangible personal property without a co-owner.
• Typically excluded: assets in a revocable living trust; accounts with POD/TOD beneficiaries; life insurance with named beneficiaries; retirement accounts with designated beneficiaries; jointly held property with rights of survivorship.

Action point: Inventory the estate carefully and separate probatable from nonprobatable assets before determining the appropriate proceeding.

Trust and Fiduciary Law Enhancements Under SB 404

• Statute of Limitations for Breach of Fiduciary Duty (NRS 11.190):
  • Two-year limitations period for non-fraud, non-intentional misrepresentation claims.
  • Accrual occurs when the aggrieved party discovered—or should have discovered with reasonable diligence—the material facts, whichever is earlier.
  • Implication: Beneficiaries and fiduciaries should tighten notice, reporting, and recordkeeping practices; delay can forfeit claims.
• Tax Reimbursements from Grantor Trusts (NRS 163.557):
  • Discretionary reimbursement of a settlor’s income tax liability attributable to trust income is now a default statutory power unless the trust provides otherwise.
  • Implication: For Nevada grantor trusts, consider whether to retain, modify, or negate the default reimbursement power to align with income tax, creditor-rights, and transfer tax objectives.
• Beneficiary Information Rights (NRS 164.021):
  • Clarifies what documentation a trustee must provide to beneficiaries—intended to bring greater certainty to disclosure obligations and to the timing/ability to contest.
  • Implication: Trustees should update disclosure templates; beneficiaries gain clearer expectations on what they will receive and when.
• Governing Law for Trust Administration (NRS 164.045):
  • Specifies circumstances in which Nevada law governs trust administration.
  • Implication: Confirm situs, administrative contacts, and trust provisions to take advantage of Nevada’s favorable regime.
• Trust Accountings and Finality (NRS 165.1214):
  • Defines when an account is deemed approved and final by a reviewing trust adviser or protector and adds express exculpation for approved-and-final accountings.
  • Implication: Trusts employing advisers/protectors should align their documents and processes to leverage finality and reduce litigation risk.

Effective Date, Timing, and Strategy

• Effective October 1, 2025: Files opened on or after this date use the new thresholds.
• Not retroactive: Cases filed before this date remain under prior law.

Why Nevada Updated the Thresholds

The prior caps lagged behind asset appreciation—particularly residential real estate—causing otherwise modest estates to fall into general administration. SB 404 realigns the categories with current economic realities to reduce cost and court burden.

What This Means for Estate Planning Clients

• Revocable living trusts remain the most reliable means to avoid probate, maintain privacy, streamline succession, and manage incapacity.
• The higher thresholds reduce—but do not eliminate—the burdens of probate for those without trusts.
• Estates in the $300,000–$500,000 probatable range gain the most from the new summary administration cap.
• Trust drafting should be revisited to:
  • Address the default tax reimbursement power under NRS 163.557.
  • Confirm desired governing law and situs for administrative matters.
  • Incorporate adviser/protector roles and accounting approval mechanics consistent with NRS 165.1214.
  • Calibrate disclosure provisions in line with NRS 164.021.

Frequently Asked Questions

• When do the new probate thresholds apply?
  • October 1, 2025, for cases filed on or after that date.
• Do the changes apply to pending cases filed before October 1, 2025?
  • No. There is no retroactive application.
• Can the $150,000 Affidavit of Entitlement be used for real property?
  • No. It is not available for real property; consider Set Aside without Administration for real property under $150,000.
• How much did summary administration increase?
  • From $300,000 to $500,000.
• Who has priority to serve as administrator under the new order?
  • The statute has been revised; grandchildren now rank ahead of parents. Review NRS 139.040 as amended.
• What changed regarding independent administration?
  • It is limited to a named personal representative in a will, a surviving spouse, and family members (NRS 143.340).
• What is the new limitations period for non-fraud fiduciary breach claims?
  • Two years from discovery (or when discovery should have occurred with reasonable diligence), under NRS 11.190.
• What changed for grantor trust tax reimbursements?
  • Discretionary reimbursement is now a default statutory power unless negated by the trust (NRS 163.557).
• How do the trust accounting and disclosure changes affect administration?
  • Trustees have clearer disclosure obligations (NRS 164.021) and can obtain greater finality and exculpation for approved accountings (NRS 165.1214).

Action Checklist for Personal Representatives and Trustees

• Determine probatable vs. nonprobatable assets before selecting the proceeding.
• Confirm eligibility for Affidavit, Set Aside, Summary, or General Administration under the new thresholds.
• Update trust administrative provisions for:
  • Tax reimbursement power defaults.
  • Adviser/protector approval standards and accounting finality.
  • Beneficiary disclosure protocols.
  • Nevada governing law and situs.

For a copy of the enrolled bill, visit:

https://www.leg.state.nv.us/App/NELIS/REL/83rd2025/Bill/12727/Text#