Overview
Mineral County is located in Nevada with a population of approximately 4,500. The 11th 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 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.
Nevada offers several simplified procedures for smaller estates. As of October 2025 (SB 404), the Set Aside without Administration is available for estates under $150,000. Summary Administration is available for estates valued between $150,000 and $500,000. An Affidavit of Entitlement may be used for estates under $25,000 (or $150,000 for a surviving spouse) without court involvement.
Nevada law provides for statutory executor and attorney fees based on the value of the estate, though these can be subject to contract or court approval.
This guide provides an informational overview of the Mineral 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
11th Judicial District Court
Probate matters in Mineral County are handled at the Mineral County Courthouse.
Address: 314 5th St, Hawthorne, NV 89415-0400
Phone: (775) 945-0738 (Court Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The 11th Judicial District Court serves Mineral, Pershing, and Lander counties. The Clerk of the Court accepts filings and maintains probate records.
Parking and Access
Street parking is generally available around the courthouse. The building is accessible to the public during business hours, with security screening required upon entry.
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 a surviving spouse), assets may be claimed by affidavit after 40 days.
- Set Aside without Administration: For estates valued at $150,000 or less (after deducting encumbrances), you may petition the court to set aside the estate to heirs without full administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed (Summary or General Administration), file a Petition for Probate with the 11th Judicial District Court. Include:
- Petition for Probate (and issuance of Letters)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (varies by estate value)
- Order Appointing Personal Representative (proposed)
E-filing may be available or required for certain case types; check with the Clerk's office for current protocols.
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 (or as required by statute).
- Publish notice in a newspaper of general circulation in Mineral County, such as the Mineral County Independent-News, for the statutory duration (typically three times over several weeks).
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:
- Notify creditors (90-day creditor claim period for General Administration; 60 days for Summary Administration)
- Inventory and appraise all estate assets within 60-120 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
Mineral County-Specific Procedures
- Local Forms: The 11th Judicial District may have specific cover sheets or local forms. Check the court website or clerk's office.
- Publication: Notice must be published in a newspaper of general circulation in Mineral County, such as the Mineral County Independent-News.
- Hearings: Probate hearings are typically held on specific law and motion days. Confirm the schedule with the clerk when filing.
Always verify the latest local rules for the 11th Judicial District Court.
Timeline & Fees
Filing Fees (Mineral County)
- Petition for Probate (General/Summary): approximately $200 - $550 (varies by estate value)
- Petition to Set Aside: approximately $150 - $300
- Certified copies of Letters: approximately $5 - $10 per certified copy
- Publication costs: approximately $100-$250 depending on the newspaper
- Recording fees: $1.95 per $500 of value (if recording deeds)
Nevada law allows for statutory attorney and executor fees based on a percentage of the estate value (e.g., 4% of the first $15,000, 3% of the next $85,000, etc.), though this is often subject to agreement.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (fees may apply).
Estimated Timelines
- Affidavit of Entitlement: 40-day waiting period after death
- Set Aside: 1-2 months
- Summary Administration: 4-6 months
- General Administration: 6-12 months or longer
Timelines depend on creditor claim periods (60 days for Summary, 90 days for General) and court scheduling.
Local Resources
Mineral County Court Resources
- Court Website: 11th Judicial District Court
- Probate Self-Help: Nevada Judiciary Self-Help
- State Probate Forms: Nevada Self-Help Forms
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
- Mineral County Independent-News: (775) 945-2414 — Newspaper of general circulation