Nevada Small Estate Affidavit: Affidavit of Entitlement

Nevada calls the small-estate affidavit the affidavit of entitlement under NRS 146.080. A claimant presents it directly to the asset holder 40 days after death to collect personal property of $25,000 or less, or up to $150,000 when the claimant is the surviving spouse.

Based on NRS 146.080

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is a Nevada Small Estate Affidavit?

A Nevada small estate affidavit usually means the affidavit of entitlement to collect a small estate under NRS 146.080. A claimant signs the sworn affidavit and presents it directly to a bank or other asset holder, without opening a court case, when the gross value of the personal property in Nevada is $25,000 or less, or $150,000 or less if the claimant is the surviving spouse, and at least 40 days have passed since death.

Do you qualify?

Qualifying threshold: $25,000 of personal property (general claimant); $150,000 if the claimant is the surviving spouseThe cap looks at the gross value of the personal property the decedent owned in Nevada, with no allowance for liens or encumbrances. The statute backs out two items before you measure value: pay owed to the decedent for service in the U.S. Armed Forces, and any motor vehicles registered to the decedent. SB 404 (effective October 1, 2025) set the limit at $25,000 for a general claimant and $150,000 when the claimant is the surviving spouse. Real property is not counted because the affidavit cannot transfer it. Confirm the current figures in NRS 146.080 before relying on a number.
Waiting period: 40 days after death
Court filing fee: $0 (the affidavit is presented to the asset holder; no court filing fee for the affidavit)
Attorney: Not typically neededNo statewide requirement; counsel may help with debts, disputes, community property, or title questions
Real estate: Not covered by this procedureThe NRS 146.080 affidavit of entitlement covers personal property only, such as bank accounts, securities, and tangible items. It does not transfer Nevada real property. To clear real estate, look at the set-aside without administration under NRS 146.070 (which can include real property) or another probate path.

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Main Requirements

Personal Property Only

The NRS 146.080 affidavit covers personal property such as accounts, securities, and tangible items. It is not available at all when the decedent left real property, or any interest in real property, in Nevada.

Gross Value Limit

The gross value of the personal property in Nevada must be $25,000 or less for a general claimant, or $150,000 or less if the claimant is the surviving spouse. There is no deduction for liens or encumbrances in this figure.

40-Day Wait

At least 40 days must pass after the date of death before the affidavit of entitlement can be used.

No Pending or Granted Administration

No petition for the appointment of a personal representative may be pending or already granted in Nevada for the estate.

Proper Claimant

The person signing the affidavit must be entitled to the property under the will or, with no will, under Nevada intestate succession, and signs the affidavit under oath.

14-Day Notice to Equal or Superior Heirs

Before collecting, the affiant must give written notice, by personal service or by certified mail, to every person whose right to the property is equal or superior to the affiant's. At least 14 days must pass after that notice goes out before the affiant signs and collects. Skipping the notice can create liability.

Available Small-Estate Options

Affidavit of Entitlement (NRS 146.080)

Limit: $25,000 of personal property, or $150,000 if the claimant is the surviving spouse
Real Estate: Not included
Timeline: 40+ days after death, then asset-holder timing
Typical Fee: $0 court filing fee; affidavit presented to asset holders

Set-Aside Without Administration (NRS 146.070)

Limit: Gross estate up to $150,000; can include real property
Real Estate: Can be included
Timeline: District Court petition timing varies
Typical Fee: District Court filing fee plus county add-ons

Summary Administration (NRS 145.040)

Limit: Gross estate up to $500,000
Real Estate: Can be included
Timeline: Often several months
Typical Fee: District Court filing fee plus county add-ons

The affidavit is a sworn statement

The affidavit of entitlement is made under oath, and the person who signs it is responsible for the accuracy of the statements and for the proper handling of the property. Confirm the value, the 40-day wait, the surviving-spouse limit, and the no-real-property rule before signing, and ask the asset holder or counsel if anything is uncertain.

Step-by-Step Process

Wait 40 Days After Death

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm the Estate Fits the Limit

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm No Administration Is Pending or Granted

The affidavit path requires that no petition for the appointment of a personal representative is pending or has been granted in Nevada. Check the District Court record before relying on this path.

Separate Out Any Real Property

The affidavit cannot transfer Nevada real property. If the estate includes real estate, look at the set-aside without administration under NRS 146.070 or summary administration under NRS 145.040 instead of, or in addition to, the affidavit.

Prepare the Affidavit of Entitlement

Complete the sworn affidavit of entitlement with the statements NRS 146.080 requires: the death date and 40-day wait, the value test, that no administration is pending or granted, the property to be collected, and the claimant's entitlement under the will or Nevada intestate succession. First give 14-day written notice, by personal service or certified mail, to anyone with an equal or superior right to the property.

Present the Affidavit to Asset Holders

Give the affidavit, with a certified death certificate and identification, to the bank, transfer agent, or other holder of the personal property. The affidavit is presented directly to the holder; it is not filed with the court.

County Note: Nevada probate is heard in the District Court, and filings go to the county clerk acting as Clerk of the District Court; there is no separate probate court. The affidavit of entitlement itself is presented to the asset holder rather than filed, so the main county touchpoints are ordering certified death certificates and, if a court path is later needed, the District Court for the county where the decedent lived.

FAQ: Nevada Small Estate Affidavit

Does Nevada have a small estate affidavit?

Yes. Nevada calls it the affidavit of entitlement to collect a small estate under NRS 146.080. A claimant presents the sworn affidavit directly to a bank or other asset holder to collect personal property without opening a court case, when the estate fits the rules.

What is the Nevada small estate limit?

After SB 404 (effective October 1, 2025), the affidavit-of-entitlement limit is $25,000 of personal property for a general claimant, or $150,000 if the claimant is the surviving spouse. The figure looks at the gross value of personal property in Nevada and does not count real estate, which the affidavit cannot transfer.

How long do I have to wait before using the affidavit?

At least 40 days must pass after the date of death before a claimant can use the Nevada affidavit of entitlement under NRS 146.080.

Can a Nevada small estate affidavit transfer a house?

No. The affidavit of entitlement covers personal property only. To clear Nevada real estate, look at the set-aside without administration under NRS 146.070, which can include real property up to a $150,000 gross estate, or another probate path such as summary administration.

Do I file the Nevada small estate affidavit with the court?

No. The affidavit of entitlement is presented directly to the bank or other holder of the personal property, not filed to open a court case, so there is no court filing fee for the affidavit itself. Nevada probate, when needed, is heard in the District Court through the county clerk.

How does community property affect a Nevada surviving spouse?

Nevada is a community property state under NRS Chapter 123. A surviving spouse already owns an undivided one-half of the community property the moment the other spouse dies, so only the decedent's half is part of the estate to collect. When the couple held assets as community property, much of it may already belong to the survivor without any affidavit. Before signing as a spouse, work through Nevada intestate succession to confirm what actually passes and what the survivor already owns.

Official Forms, Sources, and VerificationOfficial references used for this page

NRS 146.080, Small estates: Collection of property by affidavitNevada Legislature. Current official statute text, accessed June 2026.
NRS 146.070, Estates not exceeding $150,000: Set aside without administrationNevada Legislature. Current official statute text, accessed June 2026.
NRS 145.040, Summary administration: Estates not exceeding $500,000Nevada Legislature. Current official statute text, accessed June 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Nevada can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.