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.
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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).
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:
|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|
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.
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.
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.
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.
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.
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.
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.
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.