Nevada Bank Account After Death: What to Do

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

Do bank accounts count toward the small estate limit?

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

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(4)-(6)

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

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

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

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.

Forms

Affidavit of Entitlement (Nevada Supreme Court Self-Help Center)

Law: NRS 146.080

Source: Official page

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

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

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.