Nevada Small Estate Affidavit

Updated August 3, 2026. Quick answer: Nevada lets a small estate be settled with two separate tracks — an affidavit and a court petition, usable 40 days after death, and it is either route, depending on which track you use. Real estate: yes.

The verdicts

What the statute actually says

NRS 146.080: 40 days after the death of the decedent, without procuring letters of administration… If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon. NRS 146.070: Proceedings taken under this section must not begin until at least 30 days after the death of the decedent.

— NRS 146.070 (set-aside petition), NRS 146.080 (affidavit)

The dollar limit

Affidavit of entitlement (NRS 146.080): $25,000 general / $150,000 if claimant is surviving spouse; no real property; 40-day wait. Nevada also has set-aside without administration (NRS 146.070, estates ≤$150,000) and summary administration (NRS 145.040, estates ≤$500,000).

All 51 limits, compared.

The form

We did not locate an official free state form. That does not mean none exists — many states publish forms through individual county or probate offices rather than a single statewide page, and several court websites blocked automated access entirely. Ask the probate court or register of wills in the county where the person lived before paying anyone for a form.

The waiting period is the part that voids transfers

Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.

What could not be verified

Nevada has two parallel small-estate tracks with different waiting periods: the NRS 146.080 Affidavit of Entitlement (40 days, direct presentation, personal property only, no real property) and the NRS 146.070 Petition to Set Aside Without Administration (30 days, requires a court order, can include real property, threshold $150,000). Neither section’s retrieved text explicitly states a notarization requirement. selfhelp.nvcourts.gov page content did not yield a specific downloadable official form URL.

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.