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Las Vegas Legal Questions, Answered

Straight answers to common Nevada legal questions: filing deadlines, probate thresholds, contracts, gaming licenses and Las Vegas court basics.

This page collects the questions people actually ask when they call a Las Vegas law office. How long do I have to file? Does every estate go through probate? What does a first meeting look like? Who decides whether a gaming license is granted? The answers below are grounded in the Nevada Revised Statutes and in how Clark County courts and agencies actually operate.

O'Reilly Law Group has practiced from Las Vegas since 1972, and works out of the Nevada Professional Center at 325 South Maryland Parkway, a short drive east of the Regional Justice Center downtown. The firm's work spans litigation, injury claims, business and regulatory matters, real property, and estates — which is why the questions here range as widely as they do.

One caution before you read on. Everything below describes general Nevada law and general procedure. It is not advice about your situation, and small differences in facts change answers constantly in this area — particularly on deadlines. If a date matters to you, have someone look at your actual documents. You can reach the firm at 702-382-2500.

Working with our firm

Many people who call a law office have not hired a lawyer before, and their first questions are usually procedural rather than legal: what happens on the first call, who actually reads the documents, and how you find out whether there is a case at all. This section covers how legal work tends to be organized, what a first meeting looks like, and how fee arrangements are set. The firm's practice runs from courtroom litigation through transactional and regulatory work.

The firm is led by John F. O'Reilly, Chairman and Chief Executive Officer, who previously served as Chairman of the Nevada Gaming Commission and as President of the Las Vegas chapter of the American Board of Trial Advocates, and by Timothy R. O'Reilly, President. Byrum C. Lee serves as Senior Counsel, with a practice spanning more than four decades.

A few practical points apply to almost every matter. Bring documents rather than summaries — contracts, correspondence, police reports, medical records, deeds, and court papers say more than a retelling. Write down dates while they are fresh, because Nevada civil deadlines are strict and several of them start running from the date of an event rather than the date you learn about it. And raise fee questions early: the arrangement should be spelled out in a written agreement you keep a copy of.

Deadlines and Las Vegas courts

Almost every question that begins "how long do I have" has a statutory answer in Nevada, and the answers differ sharply by claim type. A written contract carries a six-year window; an injury claim carries two. Missing a limitations period usually ends a claim regardless of its merits, which is why the calendar deserves attention before anything else. Where a case is filed matters too, because Nevada divides civil jurisdiction by dollar amount.

In Clark County, Las Vegas Justice Court hears civil actions where the sum claimed does not exceed $15,000 (NRS 4.370), and its small claims division handles money-only claims up to $10,000 (NRS 73.010). Larger civil disputes go to the Eighth Judicial District Court. Both sit in the Regional Justice Center at 200 Lewis Avenue, with family matters heard at 601 North Pecos Road.

Two wrinkles catch people out. First, some deadlines run from discovery rather than from the event — claims for fraud or mistake under NRS 11.190(3)(d), for example. Second, claims against a Nevada governmental body follow their own track: NRS 41.036 requires the claim to be filed with the governing body of the political subdivision within two years, and NRS 41.035 caps tort damages against state and local government at $200,000 per claimant, with no punitive damages.

Personal injury questions

Injury claims in Nevada turn on three things: proving what happened, proving what it cost, and reaching the courthouse in time. Nevada is a fault state, so the driver, property owner, or business responsible for an incident — and their insurer — bears the loss. There is no no-fault system paying medical bills automatically as they arrive. Our personal injury practice covers everything from a rear-end collision on Maryland Parkway to a case that permanently changes how a family lives.

The limitations period is two years from the injury or death under NRS 11.190(4)(e). Comparative fault does not automatically end a claim: under NRS 41.141, an injured person may still recover as long as their share of the negligence is not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought, with the award reduced by their percentage. In most cases each defendant is severally liable only for its own share of the judgment.

Vehicle cases have their own arithmetic. Nevada requires minimum liability coverage of $25,000 per person, $50,000 per crash, and $20,000 for property damage under NRS 485.185 — a small pool when injuries are serious, and one reason underinsured motorist coverage matters. See auto accidents for collision claims and catastrophic injury where damages include a lifetime of care.

Business and contracts

Business questions arrive in two very different moods. One is planning — how to form an entity, who signs what, what a contract should say before anyone signs it. The other is trouble — a supplier who did not deliver, a partner who took the client list, an invoice unpaid for a year. Nevada law treats these as separate problems with separate clocks, and our business law practice covers both ends of that range.

Forming a Nevada entity takes more than one filing. Articles go to the Secretary of State; the entity must appoint and maintain a registered agent in Nevada for service of process under NRS Chapter 77; a state business license is required under NRS Chapter 76; and an annual list of officers, managers, or managing members is due each year by the last day of the anniversary month. City or county licensing usually applies on top. See business formation.

On the dispute side, the limitations period depends on the paperwork: six years for a contract founded on a written instrument under NRS 11.190(1)(b), four years for an oral agreement under NRS 11.190(2)(c). That gap is a concrete argument for putting terms in writing. Related pages cover contracts, breach of contract, business litigation, commercial law, and corporate law.

Probate and estate planning

When someone dies in Clark County, the size and makeup of the estate decides how much court process is involved. Nevada has four tracks, from a sworn affidavit that never reaches a judge to full administration with published notice to creditors. Knowing which track applies is usually the first genuinely useful thing a family learns, because it sets the timeline, the cost, and whether a court filing is needed at all. Our probate practice handles all four.

The thresholds come straight from statute. An affidavit of entitlement under NRS 146.080 works when there is no Nevada real property and the gross value is $25,000 or less — $150,000 or less for a surviving spouse — and at least 40 days have passed since the death. Estates up to $150,000 may be set aside without administration under NRS 146.070. Summary administration is available up to $500,000 under NRS 145.040. Above that, full administration applies.

Planning is the other half of the subject. A Nevada will must be in writing, signed by the testator, and attested by at least two competent witnesses (NRS 133.040); handwritten holographic wills are valid under NRS 133.090, but oral wills are not (NRS 133.100). Trusts, beneficiary designations, and a deed upon death under NRS 111.655 to 111.699 can move assets outside probate entirely — see tax and estate planning.

Gaming and licensing

Nevada regulates gaming closely, and the framework is unusual: a license is not a right you qualify for by checking boxes. Under NRS 463.0129 it is a revocable privilege, and NRS 463.170 places the burden of proving suitability on the applicant rather than the regulator. That inversion shapes every part of the process, from the initial questionnaire to the hearing. Our gaming and administrative law practice works inside it.

Two bodies share the work under the Nevada Gaming Control Act. The State Gaming Control Board investigates applicants and makes recommendations; the Nevada Gaming Commission takes final action on licenses, findings of suitability, and discipline. Applicants disclose personal history, finances, and business associations in detail, and the investigation is thorough by design.

License type follows the operation. A restricted license under NRS 463.0189 covers not more than 15 slot machines and no other game, gaming device, race book, or sports pool, at a place where gaming is incidental to the main business — the tavern and convenience-store model. Everything larger is nonrestricted. A similar administrative posture applies before other Nevada licensing boards, where an adverse staff recommendation is a starting point rather than a verdict.

Real estate

Real estate questions in Southern Nevada tend to cluster around three moments: the disclosure a seller owes a buyer, what the recorded documents actually say, and what happens when construction turns out to be defective. Each has its own rules and its own deadline, and none of them are intuitive. Our real estate practice covers the paperwork side and the disputes that follow from it.

Disclosure comes first. Under NRS 113.130, a seller of residential property must complete a disclosure form and serve it on the buyer at least 10 days before the property is conveyed, and must report in writing any new or worsening defect discovered before closing. If the seller will not repair it, the buyer may rescind or close and accept the property as disclosed. Certain transfers — foreclosures, and transfers between spouses or close relatives — are excepted.

Recorded documents live with the Clark County Recorder at 500 South Grand Central Parkway in Las Vegas, where deeds, liens, and encumbrances against Nevada property are indexed; counter locations and public hours change, so confirm current details with the Recorder's office before going in person. For construction problems, NRS 11.202 bars most claims brought more than 10 years after substantial completion of the improvement. See real estate transactions for purchase and sale work.

Common Nevada civil deadlines and the statutes that set them
Type of claim or filingNevada deadlineStatute
Injury to a person or wrongful death2 years from the injury or deathNRS 11.190(4)(e)
Professional negligence by a health care provider (injury on or after Oct. 1, 2023)3 years from injury, or 2 years from discovery — whichever is firstNRS 41A.097(3)
Tort claim against a Nevada county, city, or other political subdivision2 years, filed with that body's governing boardNRS 41.036(2)
Breach of a contract founded on a written instrument6 years from the breachNRS 11.190(1)(b)
Breach of an oral or non-written agreement4 years from the breachNRS 11.190(2)(c)
Taking, detaining, or injuring personal property3 yearsNRS 11.190(3)(c)
Relief on the ground of fraud or mistake3 years from discovery of the factsNRS 11.190(3)(d)
Construction defect in an improvement to real property10 years after substantial completionNRS 11.202(1)
Delivering a will to the district court clerk30 days after learning of the deathNRS 136.050
Creditor claim in a full probate administration90 days from mailing or first publication of noticeNRS 147.040(1)

Terms you may hear

Statute of limitations
The fixed period in which a lawsuit must be commenced. Nevada's general periods appear in NRS 11.190 and range from one to six years depending on the claim. Once it expires, the claim is normally barred no matter how strong it is.
Modified comparative negligence
Nevada's rule for shared fault, in NRS 41.141. An injured person may still recover if their own negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought, with the award reduced by their assigned percentage. The comparison is to the parties actually sued, not to a fixed 50 percent line.
Personal representative
The executor or administrator appointed by the district court to gather estate assets, give notice to creditors, pay valid claims and taxes, account to the court, and distribute what remains under the will or Nevada's intestacy rules.
Summary administration
A streamlined Nevada probate available when the gross estate, after deducting encumbrances, does not exceed $500,000 under NRS 145.040. Many regular proceedings and notices are waived, and the creditor claim period shortens to 60 days.
Nonrestricted gaming license
A Nevada gaming license for any operation larger than the restricted category defined in NRS 463.0189 — more than 15 slot machines, or any table game, race book, or sports pool. Restricted licenses cover establishments where gaming is incidental.
Related

Questions, answered

A first meeting is mostly listening and sorting. You describe what happened in your own order; the lawyer asks for dates, documents, and the names of everyone involved, then explains which area of law governs the problem and what the realistic paths forward are. Expect questions about timing early, because in Nevada some clocks start at the event rather than at the moment you discover the harm. By the end you should have a clearer sense of whether there is a claim or a transaction to pursue, what the next step involves, and how the fee arrangement would work. Ask anything you are unsure about — that is what the meeting is for.

Bring the paper, not a summary of the paper. For an injury claim, that means the police or incident report, photographs, insurance correspondence, and any medical records or bills you already have. For a contract dispute, bring the signed agreement, purchase orders, invoices, and the email thread where things went wrong. For probate, bring the death certificate, the original will if you have it, deeds, and recent account statements. For a business matter, bring formation documents and Secretary of State filings. Also bring a written timeline with dates, because memory blurs and dates drive deadlines. If a court has served anything on you, bring that first.

Nevada lawyers generally use one of a few structures. Hourly billing charges for time actually spent, usually drawn against a retainer that is replenished. A flat fee covers a defined piece of work, such as forming an entity or drafting a will. A contingency fee is a percentage of what is recovered, used mainly in injury cases, and Nevada's Rules of Professional Conduct require a contingency agreement to be in writing. Costs such as filing fees, deposition transcripts, and expert witnesses are typically separate from fees. Whatever the structure, ask for it in writing and keep a copy — the agreement should state clearly what is included and what is not.

It depends far more on the type of matter than on the lawyer. A straightforward business formation or a simple will may take days or weeks. A probate runs months at minimum: Nevada gives creditors 90 days from notice in a full administration under NRS 147.040, and 60 days in a summary administration under NRS 145.060, and the estate cannot close before those windows do. Contested litigation is slowest, because it moves on the court's calendar rather than yours. Nobody can promise a completion date, and you should be cautious of anyone who does. What a lawyer can tell you is the next stage and what typically causes delay.

Many civil cases resolve before trial, through direct negotiation, mediation, or a settlement conference. A settlement is a contract: you give up the right to pursue the claim further in exchange for agreed payment or agreed terms. Before signing, the amounts coming off the top should be clear — attorney's fees under whatever structure you agreed to, case costs, and any medical liens or insurer subrogation claims. Settlements are usually confidential and almost always final, which is the point of them. Under NRS 41.141(3), if one defendant settles before judgment, that defendant's comparative negligence and the amount of the settlement are not admitted into evidence or considered by the jury; the judge deducts the settlement from the net sum otherwise recoverable.

Two years. NRS 11.190(4)(e) requires an action to recover damages for injury to a person, or for a person's death caused by another's wrongful act or neglect, to be commenced within two years. The clock generally runs from the date of injury or death. Some claims are treated differently — professional negligence by a health care provider has its own statute, and claims against a Nevada governmental entity follow NRS 41.036. A limitations defense is usually fatal no matter how strong the underlying claim is, so the date matters more than almost anything else. Investigation, evidence preservation, and negotiation with insurers all have to happen inside that window.

Nevada uses modified comparative negligence. Under NRS 41.141, your own negligence does not bar recovery as long as it was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought. The comparison is to the parties actually sued rather than to a fixed 50 percent line, so where fault is allocated to someone who is not a party — an immune, absent, or already-settled tortfeasor — a plaintiff below 50 percent can still be barred. If you do recover, the jury returns the full damages figure by general verdict and a separate special verdict assigning percentages to each party, and your award is reduced by your share. Where more than one defendant is liable, each is generally severally liable only for its own percentage, with exceptions in NRS 41.141(5) for strict liability, intentional torts, the emission or disposal of toxic or hazardous substances, concerted acts, and product cases.

NRS 485.185 requires every owner of a Nevada-registered vehicle to carry at least $25,000 for bodily injury to or death of one person, $50,000 for two or more people in one crash, and $20,000 for injury to or destruction of the property of others. Those are legal floors, not typical policy limits, and a single hospital stay can exhaust them. If the at-fault driver has no insurance or too little, the gap is normally covered by your own uninsured and underinsured motorist coverage, if you carry it. Nevada is not a no-fault state, so the at-fault driver's carrier does not pay your bills as they arrive.

Yes, and there is an extra step. Under NRS 41.036, a tort claim against a political subdivision of Nevada — a county, a city, a school district — must be filed with that body's governing board within two years of when the cause of action accrues, and a claim against the State goes to the Attorney General on the same timeline. NRS 41.035 also caps damages in these actions at $200,000 per claimant, exclusive of interest computed from the date of judgment, and prohibits exemplary or punitive damages. Those limits apply whether the defendant is the entity itself or an officer or employee acting within the scope of public duties.

Nevada calls these professional negligence actions against a provider of health care, and NRS 41A.097(3) sets the deadline for injuries occurring on or after October 1, 2023. For injuries on or after October 1, 2023, the action may not be commenced more than three years after the date of injury or two years after the plaintiff discovers, or through reasonable diligence should have discovered, the injury — whichever occurs first. That last phrase does real work: discovering an injury late does not extend the outer three-year limit. NRS 41A.035 also caps noneconomic damages at a figure that increases by $80,000 each January 1 until it reaches $750,000 in 2028.

The term describes injuries that permanently change what a person can do: spinal cord damage, traumatic brain injury, amputation, severe burns. The legal elements are the same as any negligence claim, but the proof is different in kind. Damages are not a stack of past bills; they are a projection across a lifetime — future surgeries, attendant care, home modification, adaptive equipment, and lost earning capacity — which usually requires life care planners and economists alongside treating physicians. Available insurance is often far below the true loss, so identifying every potentially responsible party and every applicable policy early matters more in these cases than in ordinary ones.

It depends on whether the contract is written. NRS 11.190(1)(b) allows six years for an action on a contract, obligation, or liability founded on an instrument in writing. NRS 11.190(2)(c) allows four years where the obligation is not founded on a written instrument — an oral agreement or a course of dealing. An action on an open account for goods sold and delivered is also four years, under NRS 11.190(2)(a). The clock generally runs from the breach rather than from signing. That two-year difference between written and oral terms is one of the more concrete reasons to document a deal, however routine it seems at the time.

Formation is a filing, but staying in good standing is a routine. Articles of incorporation or organization are filed with the Nevada Secretary of State. The entity must appoint and maintain a registered agent with a Nevada address to receive service of process, governed by NRS Chapter 77. A state business license is required under NRS Chapter 76. An initial list of officers, directors, managers, or managing members is filed at formation, and an annual list is due each year by the last day of the entity's anniversary month. Most businesses also need a City of Las Vegas, North Las Vegas, Henderson, or Clark County business license.

Nevada imposes no personal income tax and no general corporate income tax, which is a genuine part of why entities organize here. It is not a tax-free state, though. The Commerce Tax under NRS 363C.200 applies to any business entity whose Nevada gross revenue in a taxable year exceeds $4,000,000, with the rate set by business category and the return due within 45 days after the taxable year ends. Employers also pay the Modified Business Tax on wages. Add annual Secretary of State fees and state and local business license fees. Federal tax obligations are unaffected by any of this.

In Clark County the dividing line is the amount in controversy. Las Vegas Justice Court has jurisdiction over civil actions for money where the sum claimed does not exceed $15,000 under NRS 4.370, and its small claims division handles money-only claims up to $10,000 under NRS 73.010. Anything larger goes to the Eighth Judicial District Court. Both sit in the Regional Justice Center at 200 Lewis Avenue in downtown Las Vegas; family matters are heard at 601 North Pecos Road. Some disputes go elsewhere entirely — to arbitration if a contract requires it, or to a state agency where the matter is a licensing question.

No. Nevada scales the process to the estate. If there is no Nevada real property and the gross value is $25,000 or less, a successor may collect assets by affidavit 40 days after the death under NRS 146.080; that figure is $150,000 for a surviving spouse. An estate up to $150,000 may be set aside without administration under NRS 146.070. Summary administration is available where the gross value, after deducting encumbrances, does not exceed $500,000 under NRS 145.040. Above that, full administration applies. Separately, assets with a valid beneficiary designation, joint tenancy property, and property held in trust generally pass outside probate altogether.

Under NRS 133.020, any person of sound mind over 18 may make a will. NRS 133.040 requires that it be in writing, signed by the testator or by an attending person at the testator's express direction, and attested by at least two competent witnesses who subscribe their names in the testator's presence. Nevada also recognizes holographic wills under NRS 133.090, where the signature, date, and material provisions are in the testator's own handwriting, with no witness or notary required. Nevada permits electronic wills as well, subject to specific safeguards. Oral wills are not valid in Nevada at all, under NRS 133.100.

Quickly. Under NRS 136.050, anyone in possession of a will must deliver it within 30 days after learning of the death, either to the clerk of the district court with jurisdiction over the case or to the personal representative named in the will. A person named as personal representative must present the will to the clerk within 30 days after the death, or within 30 days after learning they were named. Someone who neglects this without reasonable cause is liable to interested persons for the damages caused. The will becomes part of the court's permanent record whether or not anyone files a petition to probate it.

In a full administration, NRS 147.040 gives creditors 90 days from the mailing of notice, or 90 days from first publication of the notice to creditors. A creditor who receives mailed notice under NRS 155.020(5) must file within 30 days of that mailing or 90 days from first publication, whichever is later. In a summary administration under NRS 145.060, the period drops to 60 days, and the personal representative then has 15 days to allow or reject the claims filed. Claims not filed in time are generally barred forever, though a claimant who genuinely had no notice may file before the final account.

Differently from most matters, because the court approves them. Under NRS 150.060 the attorney for a personal representative is entitled to reasonable compensation paid out of the estate, and may be compensated on the attorney's hourly rate, on the value of the estate accounted for, by agreement, or by another method preapproved by the court. Where compensation is based on estate value, the statute sets the schedule: four percent of the first $100,000, three percent of the next $100,000, two percent of the next $800,000, one percent of the next $9,000,000, and 0.5 percent of the next $15,000,000. Fees require a petition, notice, and a court order.

Two bodies, in sequence, under the Nevada Gaming Control Act. The State Gaming Control Board investigates the applicant and makes a recommendation; the Nevada Gaming Commission takes final action on licenses, findings of suitability, and discipline. The standard is demanding by design. NRS 463.170 places the burden of proving qualification on the applicant and requires the Commission to be satisfied that the applicant is a person of good character, honesty, and integrity whose prior activities and associations do not threaten the public interest or the effective regulation of gaming. NRS 463.0129 makes clear that a license is a revocable privilege rather than a property right.

Size and role. NRS 463.0189 defines a restricted license as one for not more than 15 slot machines and no other game, gaming device, race book, or sports pool, at an establishment where operating slot machines is incidental to the primary business — the neighborhood tavern, grocery, or convenience store model. A nonrestricted license covers everything beyond that: table games, more than 15 machines, race and sports books, and casino operations. The distinction drives which fees apply, what reporting is required, and how intensive the investigation of the applicant and its funding sources will be.

Yes, and on a schedule. NRS 113.130 requires the seller of residential property to complete a disclosure form and serve it on the purchaser at least 10 days before the property is conveyed. A seller's agent may not complete the form on the seller's behalf. If a new defect appears after the form is served but before closing, or a disclosed defect becomes worse, the seller must inform the buyer in writing as soon as practicable; if the seller will not repair or replace it, the buyer may rescind the agreement or close and accept the property as disclosed. Foreclosure sales and certain family transfers are excepted.

NRS 11.202 sets an outer limit of 10 years after substantial completion of the improvement for claims against an owner, occupier, or anyone who designed, planned, supervised, or performed the construction — covering the deficiency itself, resulting property damage, and resulting injury or death. NRS 11.2055 defines substantial completion as the later of final building inspection, notice of completion, or certificate of occupancy. Claims for fraud in causing the deficiency are not subject to the 10-year bar, and the section does not apply to indemnity or contribution claims, or to claims based on a product defect. Separate pre-suit notice requirements often apply as well.

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