How Can I Avoid Probate?

Last updated on April 30, 2026

Probate is the process of locating a deceased person’s assets (the estate), paying the estate’s financial obligations and then distributing what remains to the beneficiaries of the estate. Depending on the complexity of an individual’s assets and debts, probate can sometimes be a long and expensive process. As a result, many people try to avoid it.

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We Use Proven Strategies

There are many responsible and affordable strategies for avoiding probate:

Joint Ownership

Creating a joint ownership with right to survival in property such as real estate, automobiles and other titled property can ensure that the deceased individual’s ownership interest in the property automatically passes to the remaining owner or owners without going through probate.

Creating Beneficiary Designations

Another method for avoiding probate is to make beneficiary designations on accounts such as payable-on-death (POD) bank accounts and transfer-on-death (TOD) securities. Making these designations allows assets held in these accounts to transfer automatically to the named beneficiary without going through probate.

Revocable Living Trusts

Placing property in a revocable living trust is another useful way to avoid probate. A revocable living trust is a legal entity that holds title to property. Because the trustee (the person overseeing the trust) has title to the trust, not the person who created it, the property within the trust will pass outside probate. Because the trust is revocable, the person who created the trust has access to the property during his or her lifetime, almost as if he or she owned it outright. The trust can also instruct the trustee to distribute the property held in trust to your family and beneficiaries when you die.

Small Estate Set-Aside

Nevada offers a simplified process known as a “set-aside without administration” for smaller estates with a value of less than $150,000. The process requires filing a petition with a list of assets and debts. Then, the notice is sent to the decedent’s heirs and creditors, where assets are first used to pay creditors. Set-aside requires court hearings, but generally they are fewer.

Affidavit Of Entitlement

If someone with few assets dies and has no land or real property to transfer, the next of kin can claim ownership of the assets without probate. After 40 days, the surviving spouse can fill out an Affidavit of Entitlement if the value of the estate is less than $150,000, and if no spouse, other relatives can claim the assets if the value is less than $25,000.

With these probate shortcuts, an experienced estate planning lawyer can help ensure that your assets transfer efficiently with minimal court involvement.

What Is Nevada’s Transfer On Death Deed?

The transfer on death (TOD) deed, also called a deed upon death or a beneficiary deed, is a legal document that allows real estate owners to transfer property directly to named beneficiaries upon their death. It helps avoid the time-consuming and expensive probate process.

Under NRS 111.655, a property owner can designate a beneficiary who will automatically inherit the property upon their death. During their lifetime, property owners retain full control of the property, including the ability to sell, refinance or revoke the deed at any time. Upon death, the named beneficiary records an affidavit of death, and the title transfers directly to them.

The tool can be very useful for you as a homeowner in Las Vegas, Henderson, Summerlin and the surrounding Clark County areas since it is fast and cost-effective. However, it must be properly drafted by an experienced estate planning attorney to be valid under Nevada law.

What Is The Fastest Way To Avoid Probate For A Home In Las Vegas?

The fastest way to avoid probate for a home in Las Vegas is typically by using a TOD deed or a revocable living trust. With a TOD deed, the property passes directly to a named beneficiary upon your death without court involvement.

On the other hand, transferring the home into a revocable living trust, which is a flexible estate planning tool, can help avoid probate. With a living trust, the property owner can manage their assets during their lifetime and can privately transfer them to beneficiaries after death.

We Can Help You Achieve Your Goals

An attorney can help you manage your property to avoid probate and to transfer property smoothly to your beneficiaries after your death. Talking to an experienced lawyer about a comprehensive estate plan is the crucial first step.

At Cassady Law Offices, P.C., our attorneys have more than a decade of experience advising and counseling individuals and families on ways to plan for the efficient and prompt transfer of their assets when they pass. We can help you, too.

Contact Us For A Free Consultation

Contact Cassady Law Offices, P.C., to schedule a free 30-minute consultation to learn how to avoid probate in Las Vegas and throughout southern Nevada. You can send us an email or call us at 800-557-6423 or 702-706-1083. We look forward to speaking with you.