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Small estate affidavit in Nevada (2026)

In Nevada, heirs can collect up to $25,000 ($150,000 if the spouse claims) without probate with a sworn affidavit (Affidavit of entitlement (NRS 146.080)). You must wait 40 days after the death. Real estate: not covered. Last checked .

Nevada at a glance

Affidavit cap
$25,000 ($150,000 if the spouse claims)
Applies to
Current amounts since SB 404 (2025, ch. 339; no special effective date, so Nevada's default of 2025-10-01). The statute has no date-of-death rule.
Value counted
Gross value (debts not subtracted)
Waiting period
40 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Petition to set aside estate without administration (NRS 146.070); summary administration (NRS chapter 145) for larger estates (up to $150,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Nevada cap for this date of death

    $25,000

    A worked example for Nevada

    Say a parent who lived in Nevada died on March 1, 2026, leaving $20,000 in a bank account in their name only and no house. $20,000 is within the $25,000 cap for that date of death, so the family can use the affidavit from April 10, 2026.

    The rules in Nevada

    • The affidavit. A successor signs a notarized affidavit, attaches a certified death certificate, and gives it to the bank, agency or holder, who may rely on it. It is not filed in court unless a holder refuses or an out-of-state transfer needs a court order (ex parte petition).
    • Cap. $150,000 if the claimant is the surviving spouse; $25,000 for any other claimant (gross value, vehicles excluded).
    • What counts. Gross value of all the decedent's property in Nevada. The decedent must leave no Nevada real property or interest in, mortgage or lien on real property.
    • What doesn't count. Amounts due for service in the U.S. Armed Forces and the value of motor vehicles registered to the decedent.
    • Earlier caps. $100,000: surviving-spouse cap before 2025-10-01 (other claimants stayed at $25,000)
    • Waiting period. 40 days after death, shown by a certified death certificate attached to the affidavit. Notice to every successor with an equal or better right must be served or mailed (certified) at least 14 days before.
    • Conditions. No petition for a personal representative pending or granted anywhere; all debts, funeral costs and Medicaid repayment paid or provided for; written notice to equal or superior successors at least 14 days earlier; no known personal-injury or tort claims against the decedent. A false affidavit is a felony.
    • Who can sign. A person entitled to succeed by intestacy or under a valid will (on behalf of all successors), or the Director of the Nevada Health Authority, the public administrator or a person under NRS 253.125.
    • Court filing. No court filing; the court self-help page says the affidavit avoids filing anything in court. An ex parte court petition is used only if a holder refuses or another state requires a court order.

    Houses, land and vehicles

    • Real estate. The affidavit cannot be used if the decedent left any Nevada real property (or any interest in, mortgage or lien on it). Land can pass through a court Petition to Set Aside Estate Without Administration if the estate's value, net of enforceable liens and encumbrances, is $150,000 or less (filed 30+ days after death; court hearing with notice to heirs).
    • Vehicles. Vehicle value does not count toward the cap; heirs can use DMV form VP 024 (Affidavit for Transfer of Title for Estates Without Probate) after 40 days with a certified death certificate. The current form (10/2026) refers to the 'applicable amount' in NRS 146.080 rather than a dollar figure.

    When the affidavit isn't enough

    Set-aside is a court petition (filed at least 30 days after death) for estates worth $150,000 or less net of liens, real and personal property; notice goes to heirs, devisees and the Nevada Health Authority. If there is a spouse or minor children, the court sets the estate aside for them. Summary administration is available up to $500,000 gross after encumbrances. The set-aside cap was raised from $100,000 by SB 404 (2025).

    Good to know in Nevada

    • If the affidavit is untrue or incomplete, property received is subject to all the decedent's debts; if notice to other successors was skipped, the affiant holds the property in trust for them (NRS 146.080(3)).
    • Holders who rely on the affidavit in good faith are immune from liability (NRS 146.080(4)).
    • No court fees on a set-aside petition for estates of $2,500 or less (NRS 146.070(12)); otherwise county fees apply.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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