Small Estate Affidavit Thresholds & Procedure in Nevada

At a glance

Requirements one by one

Dollar threshold

NRS 146.080(1), (7) measures the gross value of property in Nevada for the affidavit. It excludes amounts owed for the decedent's Armed Forces service and the value of registered motor vehicles. For example, an adult child seeking a $60,000 Nevada account exceeds the $25,000 affidavit limit even though a surviving-spouse claimant has a $150,000 limit. NRS 146.070(1)(a), (17) permits a court set-aside for an estate worth up to $150,000; for that route, property is valued at death at fair market value less enforceable liens and encumbrances.

Court filing required?

The ordinary NRS 146.080(1) affidavit goes to the person holding or owing the property. NRS 146.080(6) supplies a court-order route if another state requires an order to transfer property, or an out-of-state agent must transfer stocks or bonds. That petition may be ex parte. The NRS 146.070(8), (11), (13) set-aside instead starts with a petition, notice to heirs, devisees and the Nevada Health Authority, and a hearing.

Real property

The affidavit's condition is that the decedent leave no real property, interest, mortgage or lien “in this State” (NRS 146.080(1)). The set-aside petition must describe “all property in the decedent's estate,” and the court may set aside all or part of that estate; it is the route that can include Nevada real property (NRS 146.070(1)(a), (8)(a)).

Signature formalities

NRS 146.080(2) specifies what the affidavit must state and requires an attached certified death certificate. The section calls for an affidavit but gives no separate witness count or signing method. NRS 146.070(8) calls for a petition with listed facts for the court route.

Protection for the bank or other holder

Under NRS 146.080(4), a person who receives the required affidavit may rely on it and, if relying in good faith, “is immune from civil liability for actions based on that reliance.” NRS 146.070(1)(a) instead authorizes distribution by court order.

What trips people up

The affidavit requires notice by personal service or certified mail to every person with an equal or superior right. At least 14 days must pass after service or mailing before the affidavit can state that condition has been met. Skipping notice makes the recipient hold the collected property in trust for other successors (NRS 146.080(2)(h), (3)(b)).

A will does not bar either route. The affidavit applies to a successor under intestacy or a valid will, while the ordinary set-aside balance follows a valid will or intestacy (NRS 146.080(1); 146.070(2)(d)). If a spouse or minor child survives, the court's set-aside allocation follows a special family rule rather than automatically paying the named petitioner (NRS 146.070(3)).

Common questions

Can I use the affidavit after someone files to appoint a personal representative? The affidavit must state that no such petition is pending or has been granted in any jurisdiction (NRS 146.080(2)(e)).

Do debts have to be addressed first? The affidavit must state that the decedent's debts, including funeral and burial expenses and specified Medicaid amounts, have been paid or provided for (NRS 146.080(2)(f)). A false or incomplete affidavit exposes collected property to the decedent's debts (NRS 146.080(3)(a)).

Statutes and sources

• NRS 146.080(1), (7) — “1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent's property in this State, 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, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, 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 to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing 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 an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred. ... 7. As used in this section, 'applicable amount' means: (a) If the claimant is the surviving spouse of the decedent, $150,000. (b) For any other claimant, $25,000.” — https://www.leg.state.nv.us/nrs/nrs-146.html (accessed 2026-10-07).
• NRS 146.080(2)(h), (3), (4) — “2. An affidavit made pursuant to this section must state: ... (h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant's claim and describing the property claimed, to every person whose right to succeed to the decedent's property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed; ... 3. If the affiant: (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent. (b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property. 4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.” — https://www.leg.state.nv.us/nrs/nrs-146.html (accessed 2026-10-07).
• NRS 146.070(1)(a), (3), (8) — “1. All or part of the estate of a decedent may be set aside without administration by the order of the court as follows: (a) If the value of a decedent's estate does not exceed $150,000, the estate may be set aside without administration by the order of the court; ... 3. If the value of the estate does not exceed $150,000 and the decedent is survived by a spouse or one or more minor children, the court must set aside the estate for the benefit of the surviving spouse or the minor child or minor children of the decedent, subject to any reduction made pursuant to subsection 4 or 5. ... 8. Proceedings taken under this section must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing: (a) A specific description of all property in the decedent's estate; ...” — https://www.leg.state.nv.us/nrs/nrs-146.html (accessed 2026-10-07).
• NRS 146.070(2)(d) — “2. Except as otherwise provided in subsection 3, the whole estate set aside pursuant to paragraph (a) of subsection 1 must be assigned and set apart in the following order: ... (d) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession in accordance with chapter 134 of NRS.” — https://www.leg.state.nv.us/nrs/nrs-146.html (accessed 2026-10-07).
• NRS 146.080(2)(d)-(f), (6) — “(d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit; (e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; (f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Nevada Health Authority as a result of the payment of benefits for Medicaid, have been paid or provided for; ... 6. If any property of the estate not exceeding the applicable amount is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this State, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte” — https://www.leg.state.nv.us/nrs/nrs-146.html (accessed 2026-10-07).
• NRS 146.070(11), (13), (17) — “11. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent's heirs and devisees and to the Director of the Nevada Health Authority. ... 13. At the hearing on a petition under this section, the court may require such additional evidence as the court deems necessary to make the findings required under subsection 14. ... 17. For the purposes of this section, the value of property must be the fair market value of that property, reduced by the value of all enforceable liens and encumbrances. Property values and the values of liens and encumbrances must be determined as of the date of the decedent's death.” — https://www.leg.state.nv.us/nrs/nrs-146.html (accessed 2026-10-07).