How Do I Create a Set Aside Account in Nevada Probate of Estate?

Full question:

my son passed away last year and I went to the clark county,nv courts to collect his 2008 tax refund (I am next of kin). the court had me set up a blocked account with my bank. the money is there in the account and when I went to collect, the probate judge said he did not have the athourity to release the funds. the clerk told me that I needed to go on-line and do a 'set aside' account. My question for you is, what is this 'set aside' account and where do I go to get the proper forms and who do I submit them to?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Nevada

Answer:

I'm assuming the clerk is either referring to setting aside the probate process to have the estate probated under small estate administration or setting aside a portion of the estate as exempt property. Exempt property may be released before the final distribution of the estate is authorized. I suggest verifying with the clerk. Please see the following statutes to determine applicability:

146.010 Except as otherwise provided in this chapter or in NRS 125.510,
if a person dies leaving a surviving spouse or a minor child or minor
children, the surviving spouse, minor child or minor children are
entitled to remain in possession of the homestead and of all the wearing
apparel and provisions in the possession of the family, and all the
household furniture, and are also entitled to a reasonable provision for
their support, to be allowed by the court.

146.020 Upon the filing of the inventory or at any time thereafter
during the administration of the estate, the court, on its own motion or
upon petition by an interested person, shallmay, if deemed advisable
considering the needs and resources of the surviving spouse, minor child
or minor children, set apart for the use of the surviving spouse,
minor child or minor children of the decedent all of the personal
property which is exempt by law from execution, and shall, in accordance
with NRS 146.050, set apart the homestead, as designated by the general
homestead law then in force, whether the homestead has theretofore
previously been selected as required by law or not, and the property thus
set apart is not subject to administration.

Sec. 17. NRS 146.030 is hereby amended to read as follows:

146.030 1. If the whole property exempt by law is set apart and is
not sufficient for the support of the surviving spouse, minor child or
minor children, the court may, if deemed advisable considering the
needs and resources of the surviving spouse, minor child or minor
children, make such reasonable allowance out of the estate as is
necessary for the maintenance of the family according to their
circumstances during the progress of the administration of the estate,
which, in case of an insolvent estate, may not be longer than 1 year
after granting letters of administration.

2. If the surviving spouse or any minor child has a reasonable
maintenance derived from other property, and there are other persons
entitled to a family allowance, the allowance must be granted only to
those who do not have such maintenance, or the allowance may be
apportioned in such manner as may be just.

Sec. 18. NRS 146.050 is hereby amended to read as follows:

146.050 1. If the homestead was selected by the spouses, or either of
them, during their marriage, and recorded while both were living, as
provided in chapter 115 of NRS, it vests, on the death of either spouse,
absolutely in the survivor, unless vesting is otherwise required pursuant
to subsection 2 of NRS 115.060.

2. If no homestead was so selected, a homestead may be set apart by
the court to the familysurviving spouse, minor child or minor children of
the decedent for a limited period if deemed advisable considering the
needs and resources of the family and the nature, character and
obligations of the estate. The duration of the homestead must be
designated in the order setting it apart and may not extend beyond the
lifetime of the surviving spouse or the minority of any child of the
decedent, whichever is longer. A homestead so set apart then vests,
subject to the setting apart:

(a) If set apart from the separate property of the decedent, in the
heirs or devisees of the decedent.

(b) If set apart from community property, one-half in the surviving
spouse and one-half in the devisees of the decedent, or if no disposition
is made, then entirely in the surviving spouse.

3. In either case referred to in subsection 1 or 2, the homestead is
not subject to the payment of any debt or liability existing against the
spouses, or either of them, at the time of death of either, unless the
debt or liability is secured by a mortgage or lien.

The Nevada laws relating to small estate adminstration follow:

NRS 146.070 Estates not exceeding $100,000: Petition; notice; fees;
distribution of interest of minor.

1. If a person dies leaving an estate the gross value of which, after
deducting any encumbrances, does not exceed $100,000, and there is a
surviving spouse or minor child or minor children of the decedent, the
estate must not be administered upon, but the whole estate, after directing
such payments as may be deemed just, must be, by an order for that purpose,
assigned and set apart for the support of the surviving spouse or minor
child or minor children, or for the support of the minor child or minor
children, if there is no surviving spouse. Even if there is a surviving
spouse, the court may, after directing such payments, set aside the whole
of the estate to the minor child or minor children, if it is in their best
interests.

2. If there is no surviving spouse or minor child of the decedent and the
gross value of a decedent's estate, after deducting any encumbrances, does
not exceed $100,000, upon good cause shown, the court shall order that the
estate not be administered upon, but the whole estate be assigned and set
apart in the following order:

(a) To the payment of funeral expenses, expenses of last illness, money
owed to the Department of Health and Human Services as a result of payment
of benefits for Medicaid and creditors, if there are any; and

(b) Any balance remaining to the claimant or claimants entitled thereto
pursuant to a valid will of the decedent, and if there is no valid will,
pursuant to intestate succession.

3. Proceedings taken under this section, whether or not the decedent left
a valid will, must not begin until at least 30 days after the death of the
decedent and must be originated by a petition containing:

(a) A specific description of all the decedent's property.

(b) A list of all the liens and mortgages of record at the date of the
decedent's death.

(c) An estimate of the value of the property.

(d) A statement of the debts of the decedent so far as known to the
petitioner.

(e) The names and residences of the heirs and devisees of the decedent
and the age of any who is a minor and the relationship of the heirs and
devisees to the decedent, so far as known to the petitioner.

4. The clerk shall set the petition for hearing and the petitioner shall
give notice of the petition and hearing in the manner provided in NRS
155.010 to the decedent's heirs and devisees and to the Director of the
Department of Health and Human Services. If a complete copy of the petition
is not enclosed with the notice, the notice must include a statement
setting forth to whom the estate is being set aside.

5. No court or clerk's fees may be charged for the filing of any petition
in, or order of court thereon, or for any certified copy of the petition or
order in an estate not exceeding $2,500 in value.

6. If the court finds that the gross value of the estate, less
encumbrances, does not exceed the sum of $100,000, the court may direct
that the estate be distributed to the father or mother of a minor heir or
devisee, with or without the filing of any bond, or to a custodian under
chapter 167 of NRS, or may require that a general guardian be appointed and
that the estate be distributed to the guardian, with or without bond, as in
the discretion of the court is deemed to be in the best interests of the
minor. The court may direct the manner in which the money may be used for
the benefit of the minor.

Nev. Rev. Stat. Ann. § 146.080. Estates not exceeding $20,000: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets.

1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this state, and the gross value of the decedent's property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.

2. An affidavit made pursuant to this section must state:

(a) The affiant's name and address, and that the affiant is entitled by law to succeed to the property claimed;

(b) The date and place of death of the decedent;

(c) That the gross value of the decedent's property in this state, except amounts due the decedent for services in the Armed Forces of the United States, does not exceed $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

(d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

(e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

(f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Human Resources as a result of the payment of benefits for Medicaid, have been paid or provided for;

(g) A description of the personal property and the portion claimed;

(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant's claim and describing the property claimed, to every person whose right to succeed to the decedent's property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

(i) That the affiant is personally entitled, or the Department of Human Resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and

(j) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this state.

3. If the affiant:

(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.

(b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.

4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.

5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

(b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.

6. If any property of the estate not exceeding $20,000 is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:

(a) A specific description of all the property of the decedent.

(b) A list of all the liens and mortgages of record at the date of the decedent's death.

(c) An estimate of the value of the property of the decedent.

(d) The names, ages of any minors and residences of the decedent's heirs and devisees.

(e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $20,000.

(f) An attached copy of the executed affidavit made pursuant to subsection 2.

If the court finds that the gross value of the estate does not exceed $20,000 and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.