Nevada Small Estate Affidavit Form

• Maximum Amount: $25,000 (gross value of the decedent’s Nevada property) for most claimants, or $150,000 when the affiant is the surviving spouse.^[1]
• Signing Requirements: Sworn before a notary public.^[2]
• Where to File: The affidavit is presented directly to the person or institution holding the asset.^[3]
• When to File: 40 days after death for the affidavit.^[4]
• Survivor Requirements: Nevada does not use a 120-hour survival rule.^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives all of the community property.^[6] For the decedent’s separate property, the spouse receives one-half if the decedent left one child (or that child’s descendants); one-third if the decedent left more than one child; one-half if the decedent left no children but a parent or sibling; and all of it if the decedent left no children, parent, or sibling.^[7][8]
• No Spouse, Children: The separate property not passing to the spouse goes to the children; one child takes one-half; two or more children share the rest by representation. If there is no surviving spouse, the children take the entire estate.^[9]

Step 1 – Wait 40 Days

At least 40 days must pass after the decedent’s death before the affidavit may be used.^[10]

Step 2 – Confirm the Estate Qualifies

The decedent must have left no Nevada real property, and the gross value of the Nevada property (excluding military pay and registered vehicles) must be $25,000 or less, or $150,000 or less if the affiant is the surviving spouse. Funeral expenses and debts must be paid or provided for, and no probate may be pending.^[11]

Step 3 – Give Notice to Other Successors

Give written notice of the claim and a description of the property to any other successors at least 14 days before presenting the affidavit.^[12]

Step 4 – Prepare and Notarize the Affidavit

Complete the Affidavit of Entitlement stating the required facts, and sign it before a notary public.^[13]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit, with a certified copy of the death certificate, to the bank, transfer agent, or other holder of the property to obtain payment or transfer. (For larger estates, file a petition for a set-aside without administration with the district court.)^[14]