Overview
Storey County is located in Nevada with a population of approximately 4,100. The First Judicial District Court (also known as the Storey County 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.
Simplified Procedures (2026 Updates):
* Affidavit of Entitlement: For estates valued at $25,000 or less (or $150,000 or less for a surviving spouse). No court hearing is required; assets are transferred via affidavit after 40 days.
* Set Aside Without Administration: For estates valued at $100,000 or less (or $150,000 or less for a surviving spouse). The court can "set aside" the estate to heirs without full administration.
* Summary Administration: For estates valued between $150,000 and $300,000. A shortened version of probate with fewer notice requirements.
Legal Representation:
While Nevada law does not strictly require an attorney for all probate matters, the court strongly recommends one, especially for General Administration (estates over $300,000). Statutory attorney fees may apply based on the value of the estate.
This guide provides an informational overview of the Storey 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
First Judicial District Court (Storey County)
Probate matters in Storey County are handled at the Storey County Courthouse.
Address: 26 South B Street, Drawer D, Virginia City, NV 89440
Phone: (775) 847-0969 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Storey County Clerk serves as the Clerk of the District Court. The First Judicial District also covers Carson City, but Storey County matters are filed in Virginia City.
Parking and Access
Street parking is available around the courthouse in historic Virginia City. The courthouse is a historic building; check with the Clerk's office regarding specific accessibility accommodations if needed.
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 transfer assets via affidavit after 40 days.
- Set Aside: If the estate is under $100,000 ($150,000 for surviving spouse), you can petition the court to "set aside" the assets 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 Storey County District Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (varies by estate value, typically $200–$550)
- Civil Cover Sheet
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.
- Publish notice in a newspaper of general circulation in Storey County (e.g., The Comstock Chronicle) for three successive weeks (for General Administration).
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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: Publish notice to creditors and mail notice to known creditors (90-day claim period for General Administration; 60-day for Summary).
- Inventory and appraise all estate assets within 60 days (Summary) or 120 days (General).
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Final Accounting and petition for discharge.
Local Requirements
Storey County-Specific Procedures
- Local Court Rules: Storey County follows the Rules of Practice for the First Judicial District Court.
- Publication: Notice is typically published in The Comstock Chronicle.
- E-Filing: Check with the Clerk's office for current e-filing availability and requirements, as smaller counties may have specific protocols.
- Hearings: Probate matters are typically heard on the Law & Motion calendar. Confirm the specific day and time with the Clerk.
Timeline & Fees
Filing Fees (Storey County)
Fees are subject to change. Contact the Clerk's office for the most current schedule.
- Petition for Probate (General/Summary): approximately $200–$550 (based on estate value)
- Set Aside Petition: approximately $150–$250
- Certified copies of Letters: approximately $3.00 + $1.00 per page
- Publication costs: approximately $100–$300 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, checks, money orders, and credit cards (convenience fees may apply).
Estimated Timelines
- Affidavit of Entitlement: 40-day waiting period (no court).
- Set Aside: 1-2 months.
- Summary Administration: 6-9 months.
- General Administration: 9 months to 18+ months.
Factors affecting timeline include creditor claim periods (60 or 90 days), sale of real property, and any disputes.
Local Resources
Storey County Court Resources
- Court Website: storeycounty.org/193/District-Court
- Clerk's Office: storeycounty.org/174/Clerk
- Nevada Probate Forms: selfhelp.nvcourts.gov
Legal Aid and Attorney Referrals
- State Bar of Nevada: (702) 382-2200 — nvbar.org
- Nevada Legal Services: (775) 284-3491 — nevadalegalservices.org
Publication
- The Comstock Chronicle: (775) 847-0765 — Newspaper of general circulation for Storey County.