Nevada Small Estate Affidavit

A Nevada small estate affidavit lets an heir collect a deceased person's personal property without opening probate in the District Court. Nevada law calls it an affidavit of entitlement, and it lives at NRS 146.080. You can use it when the estate holds no Nevada real property, the gross value of the personal property stays under the dollar cap, and at least 40 days have passed since the death. The cap is $25,000 for most heirs and $150,000 when the person signing is the surviving spouse.

This page is the plain-language version. If you are still sorting out the full picture, start with the Nevada probate guide. To work out who is entitled to sign, see who inherits under Nevada law.

The Nevada Small Estate Test

Three facts have to line up before an heir can use the affidavit of entitlement:

If all three are true, the heir signs the affidavit and presents it to whoever holds the property. The holder can then pay or release the asset. The affiant signs under penalty of perjury and takes on a duty to use the money the right way. This is the affidavit of entitlement path, set out in NRS 146.080.

Two Dollar Caps: $25,000 or $150,000

Nevada sets the "applicable amount" by who is signing. NRS 146.080 names two figures:

• Surviving spouse: the gross value of the decedent's Nevada property can be up to $150,000.
• Any other heir: the cap drops to $25,000.

So a surviving spouse gets a much higher ceiling than a child, sibling, or other heir using the same affidavit. The statute reaches only personal property, and it 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. Read the figures yourself in NRS 146.080 before you rely on a form.

The $150,000 Spouse Figure Is Current. Ignore the Old $100,000.

Here is the trap. Many sources still print the old $100,000 spouse cap, including law-firm blogs and form sites. That figure is out of date. Nevada raised the surviving-spouse affidavit limit from $100,000 to $150,000 in Senate Bill 404, which took effect October 1, 2025. The same reform raised the set-aside limit to $150,000 and the summary administration limit to $500,000.

Do not rely on a page that still shows $100,000 for a spouse. Open the statute and read the amount yourself. The amendment history on NRS 146.080 records the 2025 change. Nevada practitioners apply the figures in force when the affidavit is presented and the probate is filed, so a 2026 estate uses the current numbers. If a bank or transfer agent hands you a form with the old amount, confirm the current cap with them or consult an attorney.

What Counts Toward the Cap

Count only the decedent's personal property in Nevada that has no other way to pass. Bank accounts with no payable-on-death tag, uncashed checks, paychecks, refunds, stocks, and tangible personal property usually count.

These do not count, because they are not collected by this affidavit:

• Real estate. NRS 146.080 is not available at all when the decedent left real property, or any interest in real property, in Nevada. A Nevada home moves through a different path, often a deed upon death recorded with the County Recorder during life, or court-supervised probate. See the other ways to avoid probate in Nevada for the non-probate transfers that can carry a home outside the estate.
• Armed Forces service pay and registered vehicles. The statute backs these out before you measure the gross value.
• Payable-on-death and transfer-on-death accounts. These pass to the named beneficiary outside probate.
• Survivorship property. Joint accounts and jointly titled assets with right of survivorship pass to the surviving owner.
• Life insurance and retirement accounts with a living named beneficiary.

Build a full list of the decedent's solely owned Nevada personal property first. Then add it up. If the total runs over the cap, or any Nevada real estate is involved, the affidavit path does not fit, and you likely need a court process such as set aside or summary administration.

Community Property Changes the Math for a 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. 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.

That community property rule is also why a surviving spouse should not copy a share table from a common-law state. Before signing as a spouse, work through Nevada intestate succession to confirm what actually passes and what the survivor already owns.

Who Can Sign the Affidavit

The affidavit is signed by an heir with a right to succeed to the property, under the will or, with no will, under Nevada's intestate succession rules. The affiant states the facts that make the small estate path available: the death, the 40-day wait, the value test, and the absence of Nevada real property.

NRS 146.080 adds a protection for other heirs. Before collecting, the affiant has to 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 have to pass after that notice goes out before the affiant signs and collects. Getting the list of heirs wrong, or skipping the notice, can create liability. When the family tree is unclear, confirm who is entitled before you sign.

How To Use It, Step by Step

1. Wait until at least 40 days have passed since the date of death.
2. Confirm the decedent left no real property, or interest in real property, in Nevada.
3. List every solely owned Nevada personal asset, back out Armed Forces service pay and registered vehicles, and add up the rest. Confirm it is at or under your cap ($25,000, or $150,000 for a surviving spouse).
4. Identify the heir or heirs entitled to the property.
5. Give 14-day written notice, by personal service or certified mail, to anyone with an equal or superior right.
6. Order a certified death certificate from the Nevada Office of Vital Records.
7. Prepare the affidavit with the statements NRS 146.080 requires, signed under penalty of perjury.
8. Present the affidavit and the certified death certificate to the bank, transfer agent, or other holder.
9. Collect the asset, then use it to pay valid debts and distribute the rest to the people entitled.

A holder that pays in good faith on a valid affidavit is protected by the statute. That is what makes the holder willing to release the money without a court order.

How This Differs From Set Aside and Summary Administration

The affidavit of entitlement is the smallest, fastest path, and it skips the court entirely. Nevada has two larger small estate paths that do run through the District Court:

Set aside under NRS 146.070 can include real property and asks the court to hand the estate to the heirs without full administration. Summary administration under NRS 145.040 is the lighter court-supervised track for estates up to $500,000. For anything above $500,000, or a contested estate, the Nevada probate guide walks through general administration.

A Note on Nevada Terms

Nevada has no separate "probate court." Probate is heard in the District Court, and the filing office is the County Clerk, who serves as the Clerk of the District Court in each county. In Clark County, a Probate Commissioner hears probate matters and makes recommendations to a District Judge.

The affidavit of entitlement is built to let an heir skip that court step for a small personal estate. You are not opening an estate or appearing before a judge. You are signing a sworn statement and handing it to whoever holds the asset. If your estate is larger, the Nevada District Court directory maps each of Nevada's 17 jurisdictions, the 16 counties plus Carson City, to the right court.

When the Affidavit Does Not Fit

Use a different path, and likely a court process, when:

• the gross personal property runs over your cap
• the decedent left any real property, or interest in real property, in Nevada
• you cannot give the required 14-day notice to equal or superior heirs
• debts are larger than the property collected
• the heirs disagree, or you cannot confirm who is entitled
• the asset holder insists on letters of administration and will not accept the affidavit

In those cases, compare the options in the Nevada probate guide and check the first steps after a death in Nevada for what to gather before you file.

Quick Checklist

1. At least 40 days have passed since death.
2. The decedent left no Nevada real property.
3. Gross personal property is $25,000 or less, or $150,000 or less for a surviving spouse.
4. Armed Forces service pay and registered vehicles are backed out of the total.
5. POD/TOD and survivorship assets are excluded.
6. The right heirs are identified, and equal or superior heirs got 14-day written notice.
7. A certified death certificate is in hand.
8. The affidavit states the NRS 146.080 facts and is signed under penalty of perjury.

A Nevada small estate affidavit can save a family from opening probate over a few accounts. It still carries a sworn duty to pay valid debts and distribute correctly. Treat it as a real legal document, not just a form to download.

This guide is general information about Nevada estates. It is not legal advice. Rules and dollar limits change, and local practice varies. Confirm the current statute and your steps with the County Clerk or a licensed Nevada attorney before relying on this page.

Sources

• Title: NRS 146.080, Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets. Publisher: Nevada Revised Statutes, Nevada Legislature (leg.state.nv.us). Accessed 2026-06-22. URL: https://www.leg.state.nv.us/nrs/nrs-146.html
• Title: NRS 146.070, Setting aside estates not exceeding $150,000. Publisher: Nevada Revised Statutes, Nevada Legislature (leg.state.nv.us). Accessed 2026-06-22. URL: https://www.leg.state.nv.us/nrs/nrs-146.html
• Title: NRS 145.040, Summary administration: When proper. Publisher: Nevada Revised Statutes, Nevada Legislature (leg.state.nv.us). Accessed 2026-06-22. URL: https://www.leg.state.nv.us/nrs/nrs-145.html
• Title: Senate Bill 404 (2025), AN ACT relating to estates (small estate thresholds raised effective October 1, 2025). Publisher: Nevada Legislature, 83rd Session (leg.state.nv.us). Accessed 2026-06-22. URL: https://www.leg.state.nv.us/Session/83rd2025/Bills/SB/SB404_EN.pdf
• Title: NRS Chapter 123, Rights of Husband and Wife (community property). Publisher: Nevada Revised Statutes, Nevada Legislature (leg.state.nv.us). Accessed 2026-06-22. URL: https://www.leg.state.nv.us/nrs/nrs-123.html