Nevada Estate Planning Resources
In-depth guides covering Nevada probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Nevada probate laws, trust requirements, and estate planning strategies.
Prepare the Nevada small estate affidavit for estates up to $25,000, plus presentation letters for each holder. NRS 146.080.
Step 1 of 5
The Nevada affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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Nevada publishes Affidavit of Entitlement for Estates Pursuant to NRS 146.080 (form); the affidavit this tool prepares is drafted to the same statutory requirements, per NRS 146.080(2)(a)-(k).
$25,000 — or $150,000 when the surviving spouse is the sole successor, per NRS 146.080. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
40 days after the death (NRS 146.080). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person who has a right to succeed to the property of the decedent under the laws of intestate succession or under the decedent's valid will, acting on behalf of all persons entitled to succeed to the property claimed; or the Director of the Nevada Health Authority or, as applicable, the public administrator (or a person employed or contracted with pursuant to NRS 253.125) on behalf of the State or others entitled. Available 40 days after death, without procuring letters of administration or awaiting probate of the will. NRS 146.080(1).
The person, representative, corporation, officer, or body owing the money, having custody of the property, or acting as registrar or transfer agent of the evidences of interest, indebtedness, or right — with the certified death certificate attached. A transfer agent must change registered ownership of securities, and a governmental agency issuing certificates of title/ownership/registration must issue a new certificate and "may not refuse to accept an affidavit containing the information required by this section, regardless of the form of the affidavit" (NRS 146.080(5)).
The Nevada affidavit is signed before a notary (NRS 146.080(1)-(2) ("affidavit"); selfhelp.nvcourts.gov Affidavit of Entitlement (notary jurat)).
A person who receives an affidavit containing the required information is entitled to rely on it and, relying in good faith, is immune from civil liability (NRS 146.080(4)). Affiant-side liability: property received under a non-conforming or untrue affidavit is subject to all debts of the decedent, and property received without the required notice to other successors is held in trust for them (NRS 146.080(3)).
Available only if the decedent "leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State" — any Nevada real property interest disqualifies the affidavit entirely. The court-ordered set-aside under NRS 146.070 (estates not exceeding $150,000) is the small-estate path that can reach real property. Motor vehicles registered to the decedent and armed-forces amounts due are excluded from the gross-value calculation. NRS 146.080(1).
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