• Maximum Estate Value: $25,000, or $100,000 if the claimant is the surviving spouse^[1]
• Mandatory Waiting Period: 40 days^[2]
• Where to File: No filing required.

A Small Estate Affidavit may be used if the maximum estate value does not exceed the state limits. The following must also apply^[3]:

• The decedent left no real property.
• The decedent has been deceased for at least 40 days.
• The affiant has a legal right to inherit the property.
• The affiant is unaware of any existing claims for personal injury or tort damages against the decedent.
• No petition to appoint a personal representative has been made or is pending in any jurisdiction.
• The decedent’s debts have been paid, including funeral/burial expenses, and amounts owed to the Department of Health and Human Services because of the payment of Medicaid benefits.

The affiant must deliver, either by personal service or certified mail, a notice to each individual who has an equal or higher claim to the decedent’s property.^[4] This notice shall state the affiant’s intention to use the affidavit and inform the other individuals of the property being claimed.

The affiant must complete the Small Estate Affidavit and have it notarized. A certified copy of the death certificate must be attached to the affidavit. If the decedent did not leave a will, a signed and notarized Affidavit of Heirship must also be completed.

If transferring a motor vehicle registered under the decedent’s name, the claimant must file an Affidavit for Transfer of Title for Estates without Probate with the Nevada DMV.

After at least 14 days have passed after notice was mailed or served to the required recipients, the affiant may deliver the affidavit to any party in possession of the estate’s assets. The property will be transferred to the affiant, who will be required to distribute the collected assets to the rightful successors.