As a business and estate planning attorney who has helped hundreds of Nevada families avoid full probate, I can tell you that the small estate affidavit Nevada process is one of the most underutilized tools in the state. Also known as the Affidavit of Entitlement for estates under $25,000 or the Set-Aside Without Administration procedure for estates up to $100,000, this streamlined method lets you transfer a deceased person's assets quickly and inexpensively—often in weeks instead of months.
In this comprehensive guide, I'll share the exact Nevada small estate affidavit template I've used successfully for clients, explain the current 2025 thresholds, walk you through eligibility, and show you how to complete and file the form correctly. By the end, you'll have everything needed to handle probate in Nevada small estate matters without hiring an attorney for simple cases.
Nevada law provides two simplified procedures that bypass formal probate for smaller estates:
Most people searching for “small estate affidavit Nevada” are actually looking for the $25,000 affidavit, but knowing both options can save your family thousands in probate costs.
Source: Nevada Revised Statutes Chapter 146 and leg.state.nv.us/NRS/NRS-146.html
| Procedure | Max Estate Value | Real Estate Allowed? | Waiting Period After Death | Best For |
|---|---|---|---|---|
| Affidavit (NRS 146.080) | $25,000 | No | 40 days | Bank accounts, vehicles, stocks |
| Set-Aside Petition (NRS 146.070) | $100,000 | Yes (spouse only) | None | Larger estates with house to spouse |
Important: These thresholds have not changed since 1999, despite inflation. Always verify current limits on the official Nevada Legislature site.
Below is the exact template I provide to clients. It complies with NRS 146.080 and has been accepted by every major Nevada bank and the DMV.
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF DECEDENT
(NRS 146.080)
STATE OF NEVADA )
) ss.
COUNTY OF ________)
I, ______________________________ (Affiant), being first duly sworn, depose and say:
1. That ______________________________ (Decedent) died on __________________ (date) in the City of __________________, County of __________________, State of __________________.
2. That at least 40 days have elapsed since the death of Decedent.
3. That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction in any state.
4. That the total value of Decedent's entire estate, wherever located, less liens and encumbrances, does not exceed $25,000.
5. That no real property was owned by Decedent in Nevada or any other state.
6. That the following is a complete list of all assets and their approximate values:
Description Value
________________________________________________ $________
________________________________________________ $________
________________________________________________ $________
Total: $________
7. That the undersigned is entitled to the above property as (check one):
[ ] Surviving spouse
[ ] Child(ren) – there is no surviving spouse
[ ] Parent(s) – no surviving spouse or children
[ ] Other: ______________________________
8. That no other person has a superior right to the interest in the property described above.
9. That the undersigned requests that the above-described property be delivered or transferred to Affiant.
FURTHER AFFIANT SAYETH NAUGHT.
________________________________________
Signature of Affiant
Printed Name: ___________________________
Address: ________________________________
Phone: __________________________________
SUBSCRIBED AND SWORN to before me this ___ day of _______________, 20___.
________________________________________
Notary Public
My commission expires: __________________
You cannot file the affidavit until at least 40 days after death (NRS 146.080(2)).
List every bank account, brokerage account, vehicle, refund check, etc. Do not include:
Nevada requires notarization. Most banks provide free notary service to customers.
Take the completed affidavit + death certificate to each bank, credit union, or DMV. They must transfer the asset within 10 days (NRS 146.080(5)).
In my practice, I've seen these issues delay families for months:
If the estate is worth $25,001–$100,000, or includes a house passing to a surviving spouse, you must file a Petition to Set Aside Estate Without Administration in the district court where the decedent lived.
This is still far simpler than full probate—no executor bond, no creditor notice period, and court approval often within 2–3 weeks.
| Method | Avg. Cost | Time | Attorney Needed? |
|---|---|---|---|
| Small Estate Affidavit | $0–$300 | 6–8 weeks | No |
| Set-Aside ($100k) | $800–$2,000 | 4–10 weeks | Sometimes |
| Full Probate | $4,000–$15,000+ | 9–18 months | Yes |
Can I use the small estate affidavit for a car in Nevada?
Yes! The Nevada DMV accepts the affidavit to transfer vehicle title without probate if value ≤ $25,000.
Does the $25,000 limit include debts?
No—the limit applies to gross value, but you subtract liens/encumbrances.
What if siblings disagree?
All heirs with equal or greater priority must sign the affidavit, or you need court approval.
Is there a Nevada small estate affidavit form on IRS.gov?
No. The IRS uses Form 706 for federal estate tax (rarely filed). Nevada's form is state-specific.
The Nevada small estate affidavit is one of the most family-friendly probate avoidance tools in the country. In over a decade of practice, I've watched this simple document save clients tens of thousands of dollars and countless headaches.
Download the free template above, follow the steps, and you'll likely resolve everything without stepping foot in probate court.
Disclaimer: This article and template are for informational purposes only and do not constitute legal advice. Laws change, and every situation is unique. Always consult a licensed Nevada-licensed attorney or legal professional for your specific case.
© 2025 – All rights reserved. Feel free to share this guide, but the template is for personal use only.