Nevada Small Estate Affidavit: $25,000 Limit, $150,000 for Spouses

Nevada lets a surviving spouse or heir collect a small estate without going to court through an Affidavit of Entitlement under NRS 146.080. It can be used when the estate is worth no more than $25,000, or no more than $150,000 if the person signing is the decedent's surviving spouse, and only after at least 40 days have passed since the death.

The affidavit cannot be used if the estate includes any Nevada real property. For a house or land, or when a court order is needed, Nevada offers a simplified court process called a set-aside. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nevada's Affidavit of Entitlement (NRS 146.080), the Petition to Set Aside Estate Without Administration (NRS 146.070), summary administration (NRS chapter 145), the Nevada DMV's estate vehicle affidavit, and the State Treasurer's small estate affidavit for unclaimed property. It does not cover full probate administration, who inherits under Nevada intestacy law, estate tax, or the law of any other state.

A note on sources: Figures and conditions below are taken from NRS 146.080, NRS 146.070 and NRS chapter 145, the Nevada Supreme Court Self-Help Center, the court's affidavit form, the Eighth Judicial District Court (Clark County) Probate Commissioner's synopsis of Nevada probate law revised October 1, 2025, and official DMV and Treasurer forms.

Nevada's small estate options at a glance

Nevada has three ways to settle a smaller estate before you reach full probate. Only the first one avoids court.

The Self-Help Center groups the first two under Small Estates (Less than $150,000).

How much can the estate be worth?

The affidavit limit is $25,000 for any successor and $150,000 when the claimant is the surviving spouse. The Clark County synopsis states that the affidavit "is only applicable to estates that do not exceed $25,000 ($150,000 if the claimant is the surviving spouse of the decedent) and have no assets consisting of real property in Nevada."

The test is the gross value of the estate, with two items left out. The official form asks you to swear that "the gross value of the estate, except amounts due the decedent for services in the Armed Forces of the United States or the value of any motor vehicles registered to decedent, is not in excess of $25,000.00." So a car titled to the decedent does not push the estate over the line.

Older figures still circulate online and on some agency materials. The figures above are the ones printed by the Nevada Supreme Court Self-Help Center and by the Clark County synopsis revised October 1, 2025. If a bank or agency quotes a different number, ask which source it relies on.

Watch out: Any Nevada real property disqualifies the affidavit, no matter how small the estate. The Self-Help Center requires that "the decedent died without any real property (land, homes, timeshares) or mortgages."

How long do you have to wait?

The affidavit can be used once at least 40 days have passed since the date of death. The Clark County synopsis states: "At least 40 days must have passed since date of death of the decedent to use the affidavit."

A second clock may apply. If anyone has a right to the property equal to or greater than yours, you must give that person written notice, by personal service or certified mail, and wait until "at least 14 days have elapsed since the notice was served or mailed."

Who can sign the Affidavit of Entitlement?

A surviving spouse can use the affidavit for an estate up to $150,000. Any other person with a right to inherit under the will or under Nevada's intestacy rules can use it for an estate up to $25,000. The Self-Help Center explains that "any heir can use the form, but the heir with the highest priority under Nevada's intestate laws, such as a spouse and/or adult child, are the ideal persons."

The Clark County synopsis notes that the decedent did not have to be a Nevada resident if the assets are located in Nevada, and the value test counts only the decedent's property in Nevada (NRS 146.080(1)). The DMV's vehicle affidavit, covered below, is different: it requires that the decedent was a Nevada resident.

What you must swear to

The official form, Affidavit of Entitlement for Estates Pursuant to NRS 146.080, has you state each of these facts under oath:

• No probate anywhere. "No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction."
• Debts are handled. "All debts of decedent, including funeral and burial expenses, and money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid, have been paid or provided for." The current statute, NRS 146.080(2)(f), names the Nevada Health Authority, which now handles Medicaid repayment.
• Notice was given. Everyone with an equal or superior right received written notice by personal service or certified mail, and 14 days have passed.
• You are entitled. You are "personally entitled to full payment or delivery of the property claimed, or am entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property."
• No injury claims. "I have no knowledge of any existing claims for personal injury or tort damages against the decedent."
• The value and real property limits are met, as described above.

If any of these statements is not true, the affidavit is not the right tool.

How to use the affidavit, step by step

1. Confirm the estate fits. Add up the estate's gross value, leaving out vehicles registered to the decedent and Armed Forces pay. Confirm there is no Nevada real property or mortgage.
2. Wait the 40 days. Count from the date of death.
3. Give notice if needed. Serve or mail written notice to anyone with an equal or better right, then wait 14 days.
4. Fill out the official form. Use the Self-Help Center's fillable Affidavit of Entitlement. The Self-Help Center's Affidavit of Entitlement page walks through it. The fillable form's printed text says the estate is in Clark County; if the property is in another county, correct that line before signing or ask that county's self-help center for its version. Nevada law does not require a particular form, and a government agency that issues titles may not refuse an affidavit that contains the required information because of its form (NRS 146.080(5)(b)).
5. Sign before a notary. The Self-Help Center says: "Do not sign the Affidavit of Entitlement until you are in the presence of a notary."
6. Attach a certified death certificate. NRS 146.080(2)(d) requires a certified copy of the death certificate to be attached to the affidavit.
7. Present it to the holder. Give it to the bank, employer, insurer or other entity holding the property.

There is no court filing fee for the affidavit, because, as the Self-Help Center puts it, the process "avoids the need to file anything in court."

What the affidavit can collect

The affidavit reaches personal property: money, bank accounts, stocks and bonds, insurance proceeds, payroll checks, vehicles and other belongings. The Self-Help Center tells you to "present the Affidavit of Entitlement to the entity holding the property. The entity should honor it, and the registered ownership should change to you." It adds that any government agency that issues certificates of title, ownership or registration for personal property "should issue a new certificate."

If a holder will not transfer the property, "you may need to file an Ex Parte Petition for Transfer of Property." That can also come up when a holder, such as an out-of-state transfer agent, insists on a court order.

Vehicles

The Nevada DMV has its own form, VP 024, Affidavit for Transfer of Title for Estates Without Probate. It tracks the court affidavit: the decedent was a Nevada resident, there is no real property, no petition for a personal representative, debts are paid, notice went to anyone with an equal or superior claim, and the affiant states that "more than forty (40) days have passed since the death of the decedent as evidenced by a certified copy of the death certificate attached hereto." If the vehicle's title names a transfer-on-death beneficiary, the vehicle goes to that beneficiary outside the affidavit; when the title cannot be located, the DMV uses form VP 241, Transfer on Death Beneficiary's Affidavit for Title.

Final paycheck

The affidavit lists payroll checks among the property it can collect. Our research did not locate a separate Nevada statute that lets family collect a deceased worker's final wages outside the affidavit, so ask the employer what it requires.

Unclaimed property

The Nevada State Treasurer's Unclaimed Property Division uses its own Small Estate Affidavit, form UP-45. It is "for use only where the total gross property of the entire estate (not just the property held by Unclaimed Property Division) does not exceed $25,000 and does not include real estate or an interest in real estate." A surviving spouse claiming under the higher court figure should ask the Division which form applies. See Nevada unclaimed property for how to search.

A false affidavit is a felony

The official form makes the signer state: "I acknowledge that I understand that filing a false affidavit constitutes a felony in the State of Nevada." You are also swearing that debts are paid or provided for and that you have the right, or the written authority of every other successor, to collect.

Under NRS 146.080(3), if the affidavit is incomplete or contains statements that are not entirely true, any money or property you receive remains subject to all of the decedent's debts. If you skip the required notice to other successors, you hold what you receive in trust for them. A bank or other holder that relies in good faith on a complete affidavit is immune from civil liability (NRS 146.080(4)), so the risk of a mistake falls on the signer, not the holder.

When there is a house: the set-aside petition

If the estate includes Nevada real property, or a holder needs a court order, the next step is a Petition to Set Aside Estate Without Administration under NRS 146.070. The Self-Help Center describes a set-aside as "a simplified probate process where the estate value is less than $150,000, but a court order is needed to transfer assets (usually because there is a house or land)."

Value limit. The estate's net value must not exceed $150,000, or the estate must be going to a trust as described in NRS 146.070(1)(b). Net value means "the fair market value of all probate assets of the estate" minus "all mortgages and liens; unsecured debt is not subtracted from the value of the assets." Timing. "A petition to set aside cannot be filed until 30 days after the death of the decedent."

Who files. "If there is a surviving spouse or child, it is suggested that they file the petition since there may be additional protections for them." The Clark County synopsis explains that when the estate does not exceed $150,000 and the decedent left a spouse or 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." Otherwise, the court sets the estate aside in order of priority: costs of the proceeding, funeral and last-illness expenses and Medicaid repayment, other creditors, and then the claimants.

Process. The petition lists the property (including parcel numbers for real estate), any liens, an estimate of value, debts, heirs and devisees, and whether there is a will. Notice of the hearing must be mailed at least 10 days before the hearing to the heirs and devisees, to creditors named in the petition, and to Nevada Medicaid Estate Recovery (the statute names the Director of the Nevada Health Authority), even if you do not think the decedent received Medicaid. No newspaper notice to creditors is required, but if you cannot find the name or address of an heir, creditor or other interested person, the Self-Help Center says the notice of hearing must be published in a newspaper once a week for 3 weeks, ending at least 10 days before the hearing. The process "requires a court hearing, but generally requires fewer hearings than the administration processes of larger estates."

Forms and fees. The Self-Help Center's set-aside page offers the petition (with and without a will), a Notice of Hearing, a Civil Cover Sheet and a guided interview. "The fee is different in every county," so check with the district court clerk. By statute, no court or clerk's fees may be charged for the petition, the order or certified copies in an estate worth $2,500 or less (NRS 146.070(12)). For a house, the Nevada property records guide explains where deeds are recorded.

Summary administration and full probate

Estates that are too large for a set-aside may qualify for summary administration under NRS chapter 145. According to the Clark County synopsis, if the gross estate after deducting encumbrances does not exceed $500,000, the court "may, if it deems advisable, enter an order granting summary administration." This is still a court case with a personal representative, a 60-day notice to creditors, an inventory, and court confirmation of any real property sale. If the estate later turns out to exceed $500,000, the personal representative must ask the court to revoke summary status.

Larger estates, or estates where the conditions above cannot be met, go through general administration. See Nevada probate for how that works.

Related

• Small estate affidavit rules by state
• Nevada probate
• Nevada unclaimed property
• Nevada property records
• California small estate affidavit

Disclaimer: This article provides general legal information about Nevada's small estate procedures under NRS chapters 145 and 146, as described by Nevada court and agency sources verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the Nevada Supreme Court Self-Help Center, the district court clerk in the county where the person lived, a legal aid office, or a lawyer licensed in Nevada.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Nevada?

For the Affidavit of Entitlement under NRS 146.080, the estate must not exceed $25,000, or $150,000 if the person claiming is the surviving spouse, according to the Nevada Supreme Court Self-Help Center and the Clark County probate synopsis revised October 1, 2025. Vehicles registered to the decedent and Armed Forces pay are not counted.

How long after death can I use a small estate affidavit in Nevada?

At least 40 days must have passed since the date of death. If someone has an equal or better right to the property, you must also give them written notice and wait 14 days after serving or mailing it.

Does a Nevada small estate affidavit need to be filed with the court?

No. The Affidavit of Entitlement is notarized and presented directly to whoever holds the property. If a holder will not transfer the property, the Self-Help Center says you may need to file an Ex Parte Petition for Transfer of Property.

Can I transfer a house with a small estate affidavit in Nevada?

No. The affidavit cannot be used if the decedent owned any Nevada real property or held a mortgage on it. A house or land in an estate with a net value up to $150,000 goes through a Petition to Set Aside Estate Without Administration under NRS 146.070, which requires a court hearing.

Can a surviving spouse use a small estate affidavit in Nevada?

Yes. A surviving spouse can use the Affidavit of Entitlement when the estate is worth no more than $150,000; other successors are limited to $25,000. The same conditions apply, including no real property and debts paid or provided for.

How do I transfer a car without probate in Nevada?

The Nevada DMV uses Form VP 024, Affidavit for Transfer of Title for Estates Without Probate. It requires, among other things, that more than 40 days have passed since the death, with a certified copy of the death certificate attached.

What happens if I sign a false small estate affidavit in Nevada?

The official Affidavit of Entitlement has the signer acknowledge that filing a false affidavit constitutes a felony in Nevada. The signer also swears that all debts have been paid or provided for and that they are entitled to the property or act with the written authority of all other successors.