Settle a small estate in Nevada without probate
In Nevada this is called: Affidavit of entitlement; petition to set aside estate without administration; summary administration. If the person left no real estate in Nevada and their Nevada property is under a set value, an heir can collect it by giving a sworn affidavit of entitlement to whoever holds it, with no court case.
Up to $25,000, 40 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Nevada limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Nevada.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Nevada, by procedure.
Car, bank, house in Nevada
Car or other vehicle
If there is no probate case or trust and no transfer-on-death beneficiary, heirs can transfer the title with the Affidavit for Transfer of Title for Estates Without Probate (VP 024), signed before a notary or an authorized DMV representative, with a certified death certificate, after 40 days.
Bank accounts
Money in an account with a surviving joint owner or a pay-on-death beneficiary passes to that person outside probate. For an account in the person's name alone, an heir can use the affidavit of entitlement after 40 days if the Nevada estate (not counting vehicles and military pay) is under $25,000, or $150,000 for a surviving spouse, and there is no Nevada real estate.
House or land
An owner can create a deed upon death that conveys real property to beneficiaries when the owner dies. After the last owner dies, a Death of Grantor Affidavit with a copy of the death certificate and a declaration of value is recorded with the county recorder.
Related pages
Affidavit of Entitlement (claimant who is not the surviving spouse)
A sworn statement you give to a bank, company or agency holding the property, so they pay or transfer it to you. It is not filed with the court. It cannot be used if the person owned any real estate in Nevada.
- Limit
Up to $25,000 Counted at full value, without subtracting debts.
If you are not the surviving spouse, the person's Nevada property cannot be worth more than $25,000 gross, not counting military pay owed and registered vehicles.
- What counts
The gross value of the person's property in Nevada. Money owed for service in the U.S. Armed Forces and vehicles registered to the person are not counted. The person must have left no Nevada real estate, interest in real estate, or mortgage or lien on real estate.
- Waiting period
At least 40 days must have passed since the death, as shown by a certified death certificate. You must also give written notice to every person with an equal or better right to inherit at least 14 days before you sign.
- Who can use it
A person who has the right to inherit the property under the will or under state law, acting for everyone entitled to it, with written authority from the other successors who have an interest. The Director of the Nevada Health Authority or a public administrator may also use it.
- Court or where to file
Not filed with a court. You give it to the person, company or agency holding the property.
- Notary
Sign in front of a notary. Filing a false affidavit is a felony in Nevada.
- Papers to attach
- Certified copy of the death certificate
- Written authority of the other successors, if you collect for them
- Steps
- Wait until at least 40 days after the death.
- Pay, or provide for, all the person's debts, including funeral and burial costs and any money owed to Medicaid.
- Send written notice of your claim, by personal service or certified mail, to everyone with an equal or better right to inherit, and wait at least 14 days.
- Fill in the affidavit and list the property you claim.
- Sign it in front of a notary and attach the certified death certificate.
- Give it to the holder of the property.
- Fee
No court filing fee, because the affidavit is not filed with the court.
- Debts and responsibility
If the affidavit does not meet the legal requirements or is not entirely true, what you receive is subject to all the person's debts. If you did not give the required notice to other successors, you hold what you receive in trust for them.
- What the bank or holder must do
A person who receives an affidavit with the required information may rely on it and, if acting in good faith, is immune from civil liability. A transfer agent must re-register securities, and a government agency that issues titles must issue a new title; the agency may not refuse an affidavit with the required information because of its form. If a holder needs a court order (for example, stocks transferred by an out-of-state agent), you can file an ex parte petition for a court order directing the transfer.
Law: NRS 146.080
Source: Official page
Affidavit of Entitlement (surviving spouse)
The same affidavit, used by the surviving spouse, with a higher limit.
- Limit
Up to $150,000 (deaths on or after October 1, 2025) Counted at full value, without subtracting debts.
Date of death Limit On or after October 1, 2025$150,000On or before September 30, 2025$100,000If you are the surviving spouse, the person's Nevada property cannot be worth more than $150,000 gross, not counting military pay owed and registered vehicles. This amount took effect October 1, 2025; it was $100,000 before.
- What counts
The gross value of the person's property in Nevada, not counting military pay owed or vehicles registered to the person. The person must have left no Nevada real estate or interest in it.
- Waiting period
At least 40 days must have passed since the death. Notice to anyone with an equal or better right must be given at least 14 days before signing.
- Who can use it
The surviving spouse.
- Court or where to file
Not filed with a court. You give it to the holder of the property.
- Notary
Sign in front of a notary.
- Papers to attach
- Certified copy of the death certificate
- Steps
- Wait until at least 40 days after the death.
- Pay, or provide for, all debts, including funeral costs and money owed to Medicaid.
- Give written notice to anyone with an equal or better right and wait 14 days.
- Sign the affidavit in front of a notary, attach the certified death certificate, and give it to the holder.
- Fee
No court filing fee.
- Debts and responsibility
Same as the affidavit for other claimants.
- What the bank or holder must do
Same as the affidavit for other claimants.
Law: NRS 146.080(7)(a); Stats. 2025 (SB 404), sec. 10
Source: Official page
Petition to Set Aside Estate Without Administration
A short court case for estates worth up to $150,000 after liens, including real estate. The judge orders who gets the property after a hearing.
- Limit
Up to $150,000 (deaths on or after October 1, 2025) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after October 1, 2025$150,000On or before September 30, 2025$100,000The estate, minus liens and encumbrances, cannot be worth more than $150,000. This amount took effect October 1, 2025; it was $100,000 before. A part of the estate that a will leaves to the trustee of the person's existing living trust can also be set aside, whatever its value.
- What counts
The fair market value of the estate on the date of death, minus all enforceable liens and encumbrances. Unsecured debts are not subtracted.
- Waiting period
The petition cannot be filed until at least 30 days after the death.
- Who can use it
Any person entitled to the estate; the self-help center suggests a surviving spouse or child file, because the court can give them the entire estate without paying creditors.
- Court or where to file
District court in the county.
- Notary
The petition is verified (sworn).
- Papers to attach
- Copy of the death certificate
- Copy of the will, if there is one
- Itemized list of assets with estimated values, liens and debts
- Names, addresses and relationships of heirs and devisees
- Civil cover sheet and notice of hearing
- Certificate of mailing
- Steps
- Wait at least 30 days after the death.
- List all assets, liens, debts, heirs and devisees.
- Fill out the cover sheet, notice of hearing and petition, and file them at the district court.
- Mail the notice to all heirs, devisees, creditors and Nevada Medicaid Estate Recovery; publish in a newspaper if someone cannot be found.
- Go to the hearing; the court's order names who gets each item.
- Fee
The filing fee is different in every county; ask the district court clerk. No court or clerk's fees may be charged for an estate worth $2,500 or less.
- If you can't pay
You can ask the court to waive the filing fee; see the Self-Help Center's Filing Fees and Waivers page.
- Debts and responsibility
The court sets aside the estate first to the petitioner's attorney fees, then funeral and last-illness costs, money owed to Medicaid and creditors, then to heirs. If there is a surviving spouse or minor child, the court must set the estate aside for them without paying creditors unless that would be a manifest injustice; the court may reduce this if they already received nonprobate transfers.
Law: NRS 146.070; Stats. 2025 (SB 404), secs. 8-9
Source: Official page
Summary administration
A shorter form of probate the court can order when the estate is worth up to $500,000 after encumbrances. A personal representative is appointed, but fewer notices and steps are required.
- Limit
Up to $500,000 (deaths on or after October 1, 2025) Counted after subtracting liens (what is owed on the property).
Date of death Limit On or after October 1, 2025$500,000On or before September 30, 2025$300,000The court may order summary administration if the estate, after encumbrances, is worth no more than $500,000. This amount took effect October 1, 2025; it was $300,000 before.
- What counts
The gross value of the estate after deducting encumbrances.
- Waiting period
No waiting period is set; creditors have 60 days after notice to file claims.
- Who can use it
A person asking to be appointed personal representative (executor or administrator).
- Court or where to file
District court in the county.
- Papers to attach
- Petition for letters with a description and estimated value of the property
- Names, addresses and ages of heirs and devisees
- Inventory
- Steps
- File a petition for letters testamentary or letters of administration asking for summary administration.
- Give notice of the petition to interested people.
- If granted, publish and mail notice to creditors and file an inventory.
- Get court confirmation of any sale of real property.
- File a final account and petition for distribution.
- Fee
Set by each county; ask the district court clerk.
- If you can't pay
You can ask the court to waive the filing fee.
Law: NRS 145.010-145.110; Stats. 2025 (SB 404), secs. 6-7
Source: Official page
What counts toward the limit in Nevada
For the affidavit of entitlement, add up the gross value of the person's property in Nevada; do not subtract debts. Leave out money owed for military service and vehicles registered to the person. If the person owned any Nevada real estate (or a mortgage or lien on real estate), the affidavit cannot be used. For the set aside petition, use fair market value minus liens and encumbrances.
Law: NRS 146.080, 146.070(17)
In this state the total is counted at full value, without subtracting debts.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone count. Law: NRS 146.080(1) |
Joint or payable-on-death (POD) bank accounts | Left out | Money that passes to a surviving joint owner or pay-on-death beneficiary is a nonprobate transfer, not property collected by affidavit. Law: NRS 111.721 |
Cars and other vehicles | Left out | Vehicles registered to the person are not counted. Heirs can transfer them with DMV form VP 024. Law: NRS 146.080(1), (2)(c) |
Boats and mobile or manufactured homes | Not clear | Ask the court self-help center how a boat or mobile home is treated. Law: NRS 146.080 |
Real estate in Nevada | Own procedure, up to $150,000 | If the person owned any Nevada real estate, the affidavit cannot be used. A set aside petition can cover an estate with real estate worth up to $150,000 after liens. Law: NRS 146.080(1), 146.070 |
Main home (primary residence) | Own procedure, up to $150,000 | A home in Nevada rules out the affidavit. It can go through a set aside petition if the estate is worth up to $150,000 after liens. Law: NRS 146.080(1), 146.070 |
Real estate in another state | Left out | Only property in Nevada is counted. Law: NRS 146.080(1) |
Unpaid wages owed to the person | Counts | Money owed to the person, such as a final paycheck, counts. Law: NRS 146.080(1) |
Military pay owed to the person | Left out | Money owed to the person for service in the U.S. Armed Forces is not counted. Law: NRS 146.080(1), (2)(c) |
Life insurance or retirement money paid to a named person | Left out | Benefits paid by contract to a named beneficiary pass outside the estate. Law: NRS 111.721 |
Life insurance or retirement money paid to the estate | Counts | Insurance proceeds payable to the person or the estate count. Law: NRS 146.080(1) |
Property in a living trust | Not clear | Ask the court self-help center how trust property is treated. Law: NRS 146.080 |
Property owned jointly with right of survivorship | Left out | Property that passes by right of survivorship is a nonprobate transfer and is not collected by affidavit. Law: NRS 111.721(1)(a) |
Property going to a surviving spouse | Counts | The surviving spouse's own half of community property is the spouse's property, not the person's. The person's half counts. A spouse who signs the affidavit has the $150,000 limit. Law: NRS 123.250, 146.080(7) |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone count. Securities registered transfer-on-death pass to the beneficiary and are not counted. Law: NRS 146.080(5), 111.721(1)(c) |
Furniture, jewelry and other belongings | Counts | Jewelry, furniture and other belongings count. Law: NRS 146.080(1) |
Source: Official page
Car or vehicle title after a death in Nevada
If there is no probate case or trust and no transfer-on-death beneficiary, heirs can transfer the title with the Affidavit for Transfer of Title for Estates Without Probate (VP 024), signed before a notary or an authorized DMV representative, with a certified death certificate, after 40 days. Any loan or lien on the vehicle must be paid off first. Vehicles are not counted toward the affidavit limit.
Law: NRS 146.080(1), (5)(b); NRS 482.247
- Agency
- Nevada Department of Motor Vehicles (DMV)
- Waiting period
- 40 days after the death
- Fee
The DMV lists a $20 title fee for a transfer-on-death transfer, and a $20 title fee plus an $8.25 processing fee for a VP 024 transfer.
- Transfer-on-death title
An owner can add a transfer-on-death beneficiary to the title with form VP 239 (not allowed with a lienholder or tenants in common). After all owners die, the beneficiary submits the title or form VP 241, the certified death certificate and the title fee; there is no waiting period.
Source: Official page
Bank accounts after a death in Nevada
Money in an account with a surviving joint owner or a pay-on-death beneficiary passes to that person outside probate. For an account in the person's name alone, an heir can use the affidavit of entitlement after 40 days if the Nevada estate (not counting vehicles and military pay) is under $25,000, or $150,000 for a surviving spouse, and there is no Nevada real estate.
Law: NRS 146.080, 111.721
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Nevada
- Real estate (TOD deed)
Yes · Deed upon death
An owner can create a deed upon death that conveys real property to beneficiaries when the owner dies. After the last owner dies, a Death of Grantor Affidavit with a copy of the death certificate and a declaration of value is recorded with the county recorder. If the probate estate cannot pay allowed claims, the property can be reached for them.
Law: NRS 111.655-111.699
- Vehicle title (TOD)
Yes
Law: NRS 482.247; DMV form VP 239
- Securities (TOD)
Yes
Law: NRS 111.721(1)(c)
Source: Official page
Surviving spouse in Nevada
Nevada is a community property state: at death, half of the community property is the surviving spouse's own property, and only the person's half is subject to probate. A surviving spouse can use the affidavit of entitlement up to $150,000 (deaths from October 1, 2025). In a set aside, if there is a surviving spouse or minor child, the court must set the estate aside for them, generally without paying creditors. The spouse and minor children may stay in the homestead and keep household items and clothing.
Law: NRS 123.250; NRS 146.070(3)-(4); NRS 146.010
Debts of the person in Nevada
The affidavit says all debts, including funeral and burial costs and money owed to Medicaid, have been paid or provided for. If the affidavit is not true or complete, what you receive is subject to all the person's debts.
Law: NRS 146.080(2)(f), (3)
Medicaid estate recovery in Nevada
Nevada recovers correctly paid Medicaid from the 'undivided estate' of recipients who were 55 or older or certain long-term inpatients. Nevada defines the undivided estate broadly: it includes property passed through joint tenancy, survivorship, life estate, living trust, annuity or homestead. There is no recovery while there is a surviving spouse, or a child under 21 or blind or disabled; a lien may be placed instead. Recovery may be waived, compromised or delayed for undue hardship. The set aside petition must be mailed to Medicaid Estate Recovery, and the affidavit says money owed to Medicaid has been paid or provided for.
Law: NRS 422.054, 422.29302, 422.29306; NRS 146.070(11), 146.080(2)(f)
- Agency
- Nevada Division of Health Care Financing and Policy (DHCFP), Medicaid Estate Recovery Unit (now under the Nevada Health Authority)
- Phone
- (775) 687-8416
- Official page
- Official page
Who inherits with no will in Nevada
If there is no will, the surviving spouse keeps their half of community property and gets the person's half. Of separate property: with a spouse and one child, half goes to each; with a spouse and more than one child, the spouse gets one-third and the children share the rest. With a spouse and no children, the spouse gets half and the parents get half; with no children or parents, the spouse gets half and brothers and sisters share half. With no spouse, everything goes to the children (or their descendants), then parents, then brothers and sisters, then next of kin.
Law: NRS 123.250, 134.040-134.100
Source: Official page
Death certificates in Nevada
Include a copy of your photo ID and proof of relationship.
- Where to get it
- Nevada Office of Vital Records (Division of Public and Behavioral Health)
- Official page
- Official page
Where to file in Nevada
The affidavit of entitlement is not filed with any court; you give it to the bank, company or agency. For a vehicle, use DMV form VP 024 at the DMV. A set aside petition or summary administration is filed with the district court in the county.
Good to know in Nevada
- The affidavit of entitlement cannot be used if the person left any real estate, interest in real estate, or mortgage or lien on real estate in Nevada.
- Before signing, you must give written notice by personal service or certified mail to everyone with an equal or better right to inherit and wait 14 days; filing a false affidavit is a felony.
- Senate Bill 404 (2025) raised the spouse's affidavit limit and the set aside limit from $100,000 to $150,000 and the summary administration limit from $300,000 to $500,000, effective October 1, 2025.
Changes in 2024–2026
SB 404 (2025, 83rd Session), no specific effective date, so effective October 1, 2025: set aside without administration $100,000 to $150,000; surviving spouse affidavit of entitlement $100,000 to $150,000; summary administration $300,000 to $500,000. The $25,000 limit for other claimants did not change. Medicaid agency references changed to the Nevada Health Authority (2025).
Law: NRS 218D.330; NRS 146.070; NRS 146.080(7)(a); NRS 145.040
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Nevada
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Civil Law Self-Help Center (Clark County, linked from the Nevada Self-Help Center)
- State Bar of Nevada: Find a Lawyer
- Nevada Supreme Court Self-Help Center: Small Estates
- Nevada Self-Help Center: Affidavit of Entitlement
- Nevada Self-Help Center: Petition to Set Aside Without Administration
- Nevada Self-Help Center: Direct Transfer of Property
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Nevada
What is a small estate affidavit called in Nevada?
In Nevada this is called: Affidavit of entitlement; petition to set aside estate without administration; summary administration. If the person left no real estate in Nevada and their Nevada property is under a set value, an heir can collect it by giving a sworn affidavit of entitlement to whoever holds it, with no court case.
What is the small estate limit in Nevada?
Up to $25,000, 40 days after the death, no court filing.
How long do I wait in Nevada?
At least 40 days must have passed since the death, as shown by a certified death certificate. You must also give written notice to every person with an equal or better right to inherit at least 14 days before you sign.
Do I have to go to court in Nevada?
Not filed with a court. You give it to the person, company or agency holding the property.
How do I transfer a car after a death in Nevada?
If there is no probate case or trust and no transfer-on-death beneficiary, heirs can transfer the title with the Affidavit for Transfer of Title for Estates Without Probate (VP 024), signed before a notary or an authorized DMV representative, with a certified death certificate, after 40 days.
What happens to a bank account after a death in Nevada?
Money in an account with a surviving joint owner or a pay-on-death beneficiary passes to that person outside probate. For an account in the person's name alone, an heir can use the affidavit of entitlement after 40 days if the Nevada estate (not counting vehicles and military pay) is under $25,000, or $150,000 for a surviving spouse, and there is no Nevada real estate.
Who inherits in Nevada if there is no will?
If there is no will, the surviving spouse keeps their half of community property and gets the person's half. Of separate property: with a spouse and one child, half goes to each; with a spouse and more than one child, the spouse gets one-third and the children share the rest.
Do I owe the person's debts in Nevada?
The affidavit says all debts, including funeral and burial costs and money owed to Medicaid, have been paid or provided for. If the affidavit is not true or complete, what you receive is subject to all the person's debts.
- NRS Chapter 146 (Nevada Legislature)
- NRS Chapter 145
- SB 404 (2025), enrolled
- NRS 218D.330 (default effective date)
- NRS Chapter 111
- NRS Chapter 123
- NRS Chapter 134
- NRS Chapter 422
- Nevada Self-Help Center: Affidavit of Entitlement
- Eighth Judicial District Court, Synopsis of Nevada Probate Law (Rev. 10/1/2025)
- Nevada DMV form VP 024
- Nevada DMV: Vehicle Beneficiary Transfer on Death
- Nevada DMV form VP 239
- Nevada Medicaid Web Announcement 3239 (estate recovery contact)
- DWSS form NMO-6160E Medicaid Estate Recovery Notification
- CDC NCHS Where to Write: Nevada