A Small Estate
NRS 146.080 — an affidavit 40 days after a death, up to $25,000, or $150,000 for a surviving spouse
40 days, by affidavit. Where a Nevada decedent left no real property in the State, and the gross value of the decedent's property here, apart from amounts due for service in the Armed Forces and any vehicles registered to the decedent, does not exceed the applicable amount, a person entitled to inherit may, 40 days after the death, collect the money and property by affidavit, without letters of administration or probate of a will.
| The claimant | Applicable amount |
|---|---|
| The claimantThe surviving spouse | Applicable amount$150,000 |
| The claimantAnyone else | Applicable amount$25,000 |
- That at least 40 days have passed since the death, with a certified copy of the death certificate attached.
- That no petition to appoint a personal representative is pending or granted anywhere.
- That the decedent's debts, including funeral and burial expenses and money owed for Medicaid benefits, are paid or provided for.
- That written notice went by personal service or certified mail to everyone with an equal or better right to the property, at least 14 days earlier.
- That the affiant knows of no personal injury or tort claim against the decedent, and understands a false affidavit is a felony.
Those are among the statements the affidavit makes. Someone who relies on a proper affidavit in good faith is immune from civil liability for it. An affiant whose affidavit is not entirely true takes the property subject to all the decedent's debts, and one who skipped the notice holds what was received in trust for the other successors.
Where property out of state or stocks and bonds need a court order to move, the section provides a petition, which is not reproduced in full here. Whether an estate qualifies, and who is entitled, are questions for a court and a licensed Nevada attorney.
Sources for this section (1)
- NRS 146.080 — Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.