Nevada Small Estate Affidavit

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

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

Questions about small estates in Nevada

How long must I wait to use the affidavit 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.

What does the affidavit cost in Nevada?

No court filing fee, because the affidavit is not filed with the court.

Am I responsible for debts if I use the affidavit in Nevada?

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.

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.