Nevada Small Estate Affidavit Form

The Nevada Small Estate Affidavit form (also referred to as Form UP-45) is used when an individual who has lost their loved one wants to receive possession and proprietorship rights of the deceased person’s personal estate. Although the procedure is simplified, it is still a legal way to distribute the deceased person’s property.

The small estate affidavit is usually used when the deceased person did not leave a written will with their wishes regarding the distribution of their estate. It saves the potential heirs the complicated court process of obtaining the property held by third parties.

Nevada small estate affidavit official form

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However, in Nevada, the affiant must fill out another form (Form UP-40, also known as Affidavit of Heirship) if there is no will. In the form, the affiant must provide personal details (names, dates of birth) of the decedent’s spouses and other blood-related family members (from children to nieces and nephews).

Nevada Laws and Requirements

Paragraph 148.080 of the Nevada Revised Statutes contains laws that regulate matters to do with small estate distribution among descendants. For the process to be legal, the affiant must comply with the below-listed requirements and laws:

  • According to Nevada Statutes, the decedent’s spouse can file a small estate affidavit form if the estate’s worth does not exceed $100,000 US dollars (for spouses). For other claimants, the maximum value must not exceed $25,000. Keep in mind that in Nevada, motor vehicles’ value is not included in the total worth.
  • The form should be completed at least 40 days after the decedent’s death.
  • The affiant must attach an authorized copy of the decedent’s Death Certificate to the form, proving that the waiting period is over and the claimant has a legal right to complete the document.
  • One cannot file the form if a personal representative’s assignation has been officially applied for in court.
  • An heir cannot file the document if they have not paid for the decedent’s funeral and other services (including medical ones).

Nevada Small Estate Affidavit Laws Details

Max. Estate $100,000 (for spouse) and $25,000 (for other claimants)
Min. Time to Wait After Death 40 days
Filing Fee Not specified
State Laws Nevada Revised Statutes, Sections 146.070 and 146.080
seal of nevada state
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Filling Out the Nevada Small Estate Affidavit Form

Once you have understood all the laws and requirements, you can download the template and fill it out. The form is very brief but contains thorough information. Take care while completing it.

Obtain the Nevada Small Estate Affidavit Form

We encourage you to use our form-building software to create and download the correct file and print it out. Do not forget to distribute copies to all parties involved.

Specify Where the Form is Completed

Identify the county in which you are signing and submitting the document.
Part for specifying county of form completion of a Nevada sea template

Write Your Name

The petition begins with a blank line where you (as an heir-at-law) input your full name. By writing your name, you claim that the below provided statements are true.
Name indication part of Nevada small estate affidavit document

Add the Decedent’s Details

In one of the statements, write the deceased person’s name, the date they died, and their former address (including state, county, and city). By proving this information, you confirm that 40 days have passed since the date of death.
Decedent's details adding part of Nevada small estate affidavit form

Read the Statements

Ensure that you have met all the requirements mentioned in the statements below the decedent’s section and have a legal right to complete the paper.
Statements part of a small estate affidavit document for Nevada

Describe the Property

List the property items you are entitled to and their worth. If there are other heirs, write what property they are claiming.

Check the Box

In one of the statements, there are two options related to the issue of probate proceedings. Choose the necessary one.
Part about probate proceedings of a small estate affidavit for Nevada

Indicate if there is a Will

Clarify whether the deceased person left a will before their death. If the deceased did not have a will written, attach Form UP-40.
Section for indication info about will of a sea template for Nevada

Sign the Affidavit

Place your signature at the bottom of the second page if you have provided the required information and add the execution date.
Affidavit of small estate signing part for Nevada

Notarize the Form

The Nevada Small Estate Affidavit requires notarization. The notary agent will verify all the information provided and prove that the form is legal by signing and sealing it.
Notarization part of small estate affidavit form for Nevada

Published: Aug 24, 2022