Small Estate Affidavit Thresholds & Procedure in Nevada

At a glance

Requirements one by one

Governing law

Nevada Revised Statutes Chapter 146 contains two independent mechanisms. NRS 146.080 creates the no-court affidavit for personal property. NRS 146.070 creates a "set aside without administration" — a genuine court proceeding, but one that skips the formalities of a full probate administration and can reach real property too.

Dollar threshold

Two different figures, and the affidavit's isn't even a single number. NRS 146.080 uses what the statute calls an "applicable amount": $150,000 if the person claiming the property is the decedent's surviving spouse, but only $25,000 for any other claimant — a sibling, adult child, or other heir. That calculation also excludes any amounts owed the decedent for U.S. Armed Forces service and the value of registered motor vehicles. NRS 146.070's court set-aside, by contrast, is a single flat $150,000 regardless of who's claiming. Neither figure is adjusted for inflation. Both were raised by the Nevada Legislature in its 2025 regular session — older figures still circulating online (a $100,000 court set-aside cap, a $25,000/$100,000 affidavit split) are now out of date.

Court filing required?

It depends on the track. The NRS 146.080 affidavit involves no court at all in the ordinary case — it's handed directly to whoever holds or owes the decedent's property. There's one exception: if the property sits in another state that requires a court order to transfer it, or consists of stocks or bonds that must be transferred by an out-of-state agent, the claimant instead files an ex parte court petition asking for a transfer order — still measured against the same dollar caps. NRS 146.070 is a real court proceeding from the start: a petition, notice to the decedent's heirs and devisees and to the state health authority, and a hearing before the court issues its order.

Waiting period after death

40 days for the NRS 146.080 affidavit, plus one more condition: the affiant has to give 14 days' written notice — by personal service or certified mail — to anyone whose right to the property is equal to or better than the affiant's own, before using the affidavit. NRS 146.070 proceedings can't begin until "at least 30 days after the death of the decedent."

Works with a will, intestacy, or both?

Both, on either track. NRS 146.080 covers "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." NRS 146.070's set-aside likewise distributes according to a valid will, or by intestate succession if there isn't one.

Does it cover real property?

No for the NRS 146.080 affidavit, and it's an absolute bar rather than a partial exclusion — the whole route is unavailable if "a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State," meaning even a small lien interest in real estate rules it out entirely. Yes for NRS 146.070's court set-aside — the statute places no personal-property-only limit on what gets set aside, so the court's order can reach and transfer real property as part of the whole estate.

Signature formalities

The NRS 146.080 affidavit's own text doesn't spell out a notary requirement in so many words, but Nevada's official courts self-help center confirms the affidavit must be "signed in front of a notary" — consistent with the ordinary legal meaning of an "affidavit" as a sworn statement. No witness signatures are required. NRS 146.070 works differently: instead of a notarized affidavit, it requires a court petition supported by specific factual statements, filed with the court rather than sworn before a notary.

Protection for the bank/holder

Solid for both tracks, but built differently. A holder who receives an NRS 146.080 affidavit and relies on it in good faith "is immune from civil liability for actions based on that reliance." The tradeoffs fall on the affiant instead: submitting a false or incomplete affidavit exposes whatever the affiant received to all of the decedent's debts, and skipping the required notice to other successors means holding the property "in trust" for them. NRS 146.070's protection comes from the court's own order authorizing the transfer — the same security an ordinary probate distribution provides.

What trips people up

The biggest surprise is that the affidavit's dollar cap isn't one number — it's $150,000 for a surviving spouse but only $25,000 for everyone else, so an adult child collecting a parent's modest accounts can be blocked by a limit six times lower than a spouse would face for the same estate. A second trap: NRS 146.080's real-property bar is absolute — even a small lien or partial interest in real estate anywhere in the estate takes the whole thing out of the affidavit route, forcing the court set-aside (or full probate) instead. A third: the 14-day notice-to-other- successors requirement is easy to miss, and skipping it doesn't just create a technical defect — it means holding whatever you collect "in trust" for the people you should have notified.

Common questions

I'm the decedent's adult child, not a spouse — what's my dollar limit? $25,000 under the no-court affidavit (NRS 146.080). If the estate is larger than that but $150,000 or less, the court "set aside" process (NRS 146.070) is available regardless of your relationship to the decedent.

Does the affidavit need to be notarized? Nevada's own courts self-help center says yes, even though the statute's text doesn't use the word "notary" directly — treat it as a real, notarized sworn statement.

My mother's estate is small but she owned a mobile home on rented land — does that count as real property? That depends on how the mobile home is titled and whether it's affixed to the land; if any real property interest, lien, or mortgage exists anywhere in the estate, the NRS 146.080 affidavit is off the table entirely, though the NRS 146.070 court set-aside may still apply.

Do I have to notify my siblings before using the affidavit? Yes, if they have an equal or superior right to the property — you must give them 14 days' written notice before you can use the affidavit.

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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• 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 2026-07-06)
• Nevada Judiciary Self-Help Center, "Administration of Estates: Estates Less Than $150,000" — "Nevada law allows a simplified process for surviving spouses of decedents whose estates do not include real property (homes or land) and are less than $150,000.00 (not including the value of vehicles). (NRS 146.080.) This Affidavit of Entitlement process requires an Affidavit of Entitlement to be filled out by the surviving spouse and signed in front of a notary at least 40 days after the decedent's death." — https://www.civillawselfhelpcenter.org/self-help/probate/administration-of-estates/130-estates-less-than-150-000 (accessed 2026-07-06)