Nevada Small Estate Affidavit
In Nevada a successor can use a small estate affidavit to collect a decedent's personal property 40 days after death when the value is $25,000 or less, or $150,000 or less for a surviving spouse. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, a final paycheck, or securities, without opening a full probate case. In Nevada it is used under Nevada Revised Statutes Section 146.080 by a person who has a right to succeed to the property, who furnishes the signed affidavit directly to the person or entity owing the money or holding the property. The affidavit may be used only 40 days after the death, and only if the decedent left no real property, interest, mortgage, or lien in Nevada, and the gross value of the decedent's property in Nevada does not exceed the applicable limit (NRS 146.080). Nevada sets that limit by who is claiming: $150,000 if the claimant is the surviving spouse of the decedent, and $25,000 for any other claimant. The gross value is measured over and above amounts due to the decedent for services in the Armed Forces and the value of any motor vehicles registered to the decedent. A certified copy of the death certificate must be attached, and the successor may collect without procuring letters of administration or awaiting probate of the will. DocDraft builds your Nevada small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, a final paycheck, or securities, without opening a full probate case in Nevada.
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Nevada sets the limit by who is claiming: the gross value of the decedent's property in Nevada must not exceed $150,000 if the claimant is the surviving spouse, or $25,000 for any other claimant (NRS 146.080).
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It may not be used until 40 days after the death of the decedent (NRS 146.080).
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The gross value is measured over and above amounts due to the decedent for services in the Armed Forces and the value of any motor vehicles registered to the decedent (NRS 146.080).
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The affidavit is available only if the decedent left no real property, interest, mortgage, or lien in Nevada; it reaches personal property only.
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A certified copy of the certificate of death of the decedent must be attached to the affidavit (NRS 146.080).
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The successor furnishes the affidavit directly to the person or entity owing the money or holding the property, and may collect 40 days after death without procuring letters of administration or awaiting probate of the will.
Key decisions before you file
Before you file a Small Estate Affidavit in Nevada, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Nevada Requirements for Small Estate Affidavit
In Nevada a small estate affidavit may be used only 40 days after the death of the decedent (NRS 146.080). At that point the successor may collect money due the decedent and other personal property.
Nevada sets the limit by who is claiming: the gross value of the decedent's property in Nevada must not exceed $150,000 if the claimant is the surviving spouse of the decedent, or $25,000 for any other claimant (NRS 146.080).
The gross value is measured over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent (NRS 146.080), so those items do not count against the limit.
The affidavit is available only if the decedent left no real property, nor interest in it, nor mortgage or lien on it, in Nevada (NRS 146.080). It reaches personal property only; an estate with Nevada real property uses a court set-aside under NRS 146.070 or a fuller probate.
A certified copy of the certificate of death of the decedent must be attached to the affidavit (NRS 146.080). The successor should obtain the certified death certificate before furnishing the affidavit to the holder.
A person who has a right to succeed to the property of the decedent under the laws of succession may sign, and in certain cases the Director of the Nevada Health Authority or the public administrator (NRS 146.080). The affiant claims on behalf of all persons entitled to succeed to the property.
A NRS 146.080 affidavit is furnished directly to the person, representative, corporation, officer, or body owing the money or holding the property, not filed with a court first. The holder pays or delivers the property upon being furnished the affidavit.
The successor may collect 40 days after death without procuring letters of administration or awaiting probate of the will (NRS 146.080). Because the affidavit is sworn and no court reviews it first, do not sign if the facts are uncertain or the gross value might exceed the applicable limit.
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It is a sworn statement that lets a decedent's successor collect the decedent's personal property, such as a bank account, final wages, or securities, without opening a full probate case. In Nevada the person who has a right to succeed uses Nevada Revised Statutes Section 146.080, waits 40 days after the death, and furnishes the affidavit to whoever owes or holds the property. It is available only when the gross value is at or below the Nevada limit, which is $25,000 for most claimants and $150,000 for a surviving spouse.
Probate in Nevada is a court-supervised process that appoints a representative to gather assets, pay debts, and distribute what remains, and it can take many months. A small estate affidavit under NRS 146.080 skips that: the successor may collect 40 days after death without procuring letters of administration or awaiting probate of the will. It is available only when the decedent left no Nevada real property and the gross value is at or below $25,000, or $150,000 for a surviving spouse.
Nevada sets the limit by who is claiming (NRS 146.080). If the claimant is the surviving spouse of the decedent, the gross value of the decedent's property in Nevada must not exceed $150,000. For any other claimant, the limit is $25,000. The gross value is measured over and above amounts due to the decedent for Armed Forces service and the value of any motor vehicles registered to the decedent, so those items do not count against the limit.
The affidavit may be used 40 days after the death of the decedent (NRS 146.080). At that point the successor may collect any money due the decedent and other personal property without procuring letters of administration or awaiting probate of the will. If fewer than 40 days have passed, the person or entity holding the property can decline to release it, so the waiting period is a firm requirement in Nevada.
The gross value under NRS 146.080 is measured over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent. Those amounts are excluded from the calculation, so a Nevada estate can still qualify even if military pay or a registered vehicle would otherwise push it over the $25,000 or $150,000 limit.
No. The NRS 146.080 affidavit is available only if the decedent left no real property, nor interest in it, nor mortgage or lien on it, in Nevada. It reaches personal property only, such as money due the decedent, bank accounts, and securities. A Nevada estate that includes real property is handled through a court set-aside under NRS 146.070 or a fuller probate, rather than through this affidavit.
A person who has a right to succeed to the property of the decedent under the laws of succession may sign, and in certain cases the Director of the Nevada Health Authority or the public administrator (NRS 146.080). A certified copy of the certificate of death of the decedent must be attached to the affidavit. The successor furnishes the affidavit to the person or entity owing the money or holding the property, and swears to the statements in it.
A Nevada NRS 146.080 affidavit is furnished directly to the person, representative, corporation, officer, or body owing the money or holding the property, not filed with a court first. Because the successor collects without letters of administration, the affidavit is sworn and should never be signed if the facts are uncertain. If the gross value is above the applicable limit, or the decedent left Nevada real property, a court set-aside or probate is the right path instead.