Overview
Lyon County is located in Nevada with a population of approximately 63,718. The Third Judicial District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Nevada probate is governed by Title 12 of the Nevada Revised Statutes (NRS). The process begins with filing a Petition for Probate (or Petition for Letters of Administration) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Simplified Procedures:
* Affidavit of Entitlement: For estates valued at $25,000 or less ($150,000 or less if the claimant is the surviving spouse), assets can often be transferred without court administration using an affidavit (NRS 146.080).
* Set Aside Estate: For estates up to $100,000 (or $150,000 for a surviving spouse/minor children), the court can "set aside" the assets without full administration (NRS 146.070).
* Summary Administration: Available for estates valued at $300,000 or less (increased to $500,000 effective Oct 2025).
Statutory Fees:
Nevada law sets statutory fees for Personal Representatives (Executors) based on the value of the estate (NRS 150.020):
* 4% on the first $15,000
* 3% on the next $85,000
* 2% on the amount over $100,000
* Attorneys are entitled to "reasonable compensation," which may be hourly or a percentage as approved by the court.
This guide provides an informational overview of the Lyon County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Third Judicial District Court
Probate matters in Lyon County are handled at the Lyon County District Court.
Address: 911 Harvey Way, 2nd Floor, Yerington, NV 89447
Phone: (775) 463-6503 (Court Clerk)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Third Judicial District Court serves Lyon County. The Court Clerk's office accepts filings and can provide information on case status, though they cannot give legal advice.
Parking and Access
Public parking is available at the courthouse complex in Yerington. Security screening is required for entry into the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit of Entitlement: If the estate is valued at $25,000 or less ($150,000 for surviving spouse) and includes no real property, you may be able to use an affidavit.
- Set Aside: If the estate is under $100,000 ($150,000 for spouse/minors), you can petition to set it aside.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Third Judicial District Court. Include:
- Petition for Probate of Will and Issuance of Letters
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $276–$376 depending on estate value)
- Civil Cover Sheet
E-filing may be available or required for attorneys; pro se litigants should check with the clerk.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (NRS 155.010).
- Publish notice in a newspaper of general circulation in Lyon County (e.g., Mason Valley News or Fernley Leader-Courier) for three successive weeks if the address of any heir is unknown or if required by the court.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 6 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors (90-day claim period for general administration, 60 days for summary).
- Inventory and appraise all estate assets within 120 days.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Lyon County-Specific Procedures
- Local Court Rules: The Third Judicial District has specific rules regarding law and motion calendars. Lyon County probate matters are typically heard on Mondays.
- Publication: Notice must be published in a newspaper of general circulation in Lyon County, such as the Mason Valley News or Fernley Leader-Courier.
- Mediation: The court may refer contested matters to mediation.
Always check with the Court Clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Lyon County)
- Petition for Probate: approximately $276–$376 (varies by estate value)
- Petition to Set Aside: approximately $176–$276
- Certified copies of Letters: approximately $3.00 per copy
- Publication costs: approximately $100–$200 depending on the newspaper
- E-filing fees: Additional service fees may apply if e-filing.
Statutory Executor Fees (NRS 150.020)
- First $15,000: 4%
- Next $85,000: 3%
- Over $100,000: 2%
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates (Summary Administration): 6-9 months
- Average estates (General Administration): 9-15 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting timeline include the 90-day creditor period, sale of real property, and any disputes between heirs.
Local Resources
Lyon County Court Resources
- Court Website: lyon-county.org
- Probate Self-Help: selfhelp.nvcourts.gov
- Nevada Probate Forms: nvcourts.gov
Legal Aid and Attorney Referrals
- State Bar of Nevada: (702) 382-2200 — Lawyer Referral Service
- Nevada Legal Services: (775) 284-3491 — Low-income legal assistance
- State Bar Lawyer Referral: nvbar.org
Publication
- Mason Valley News: (775) 463-3101 — Yerington area
- Fernley Leader-Courier: (775) 575-4662 — Fernley area