What Is the Amount for a Small Estate Affidavit in Nevada?

Generally, you can use a Nevada small estate affidavit, also called an affidavit of entitlement, for estates valued at up to an applicable amount, plus motor vehicles and any amounts due to the decedent for services in the Armed Forces of the United States. This simplified process saves you time and money compared to standard probate. 

The applicable threshold covers personal property and bank accounts, but excludes real estate. To qualify, you’ll need to meet specific eligibility requirements and provide detailed information about the deceased and legal heirs.  If the estate exceeds the applicable amount or includes real estate, you’ll need to explore alternative options. Understanding the nuances of this process can significantly streamline your estate settlement experience.

Nevada Small Estate Affidavit Threshold

If you’re dealing with a small estate in Nevada, you’ll be glad to know that the state allows for a simplified process when the total value of assets is $25,000 or less, or up to $100,000 if you are the surviving spouse. This threshold determines whether you can use a Small Estate Affidavit, which can save you time and money when transferring assets to beneficiaries.

Understanding small estate affidavit limits is crucial when navigating the probate process in Nevada. The applicable threshold includes various assets such as bank accounts and personal property. It’s important to accurately calculate the total value of the estate to determine if you qualify for this simplified procedure.

However, the applicable amount does not include vehicles. So, the decedent could have had multiple autos in excess of $100,000, for example, and you could still use an affidavit of entitlement to transfer title to the vehicles. 

If you’re unsure whether your estate meets the requirements, it’s wise to consult with a probate attorney in Nevada. They can help you assess the estate’s value and guide you through the process. Keep in mind that exceeding the threshold, even by a small amount, may disqualify you from using the Small Estate Affidavit.

In such cases, you’ll need to go through the standard probate process, which can be more time-consuming and expensive.

Assets Covered

When considering a small estate affidavit in Nevada, you’ll find that it covers a specific range of assets, each playing a crucial role in determining your eligibility for this simplified probate process. The affidavit primarily focuses on personal property, allowing you to transfer items like vehicles, bank accounts, and other tangible assets without going through full probate.

It’s crucial to understand that real property is among the excluded assets. You can’t use the affidavit to transfer land, houses, or other real estate. This limitation is significant, as it can impact your ability to utilize this streamlined process if the deceased owned real property.

When assessing the value of assets for the affidavit, you’ll need to consider their worth at the time of the decedent’s death. This valuation is critical, as it determines whether the estate falls within the applicable amount limit for small estate affidavits in Nevada.

If you’re unsure about which assets are covered or how to value them correctly, it’s wise to consult a probate attorney. They can help you navigate the complexities and ensure you’re using the small estate affidavit appropriately.

Set Aside Estate Without Administration

If  the value of a decedent’s estate exceeds either $25,000 or $100,000 depending upon who the claimant is, but the decedent’s estate does not exceed $150,000 (as of October, 2025), then you may set aside the estate without probate administration. When one seeks to have the estate set aside, you are filing a petition requesting that the assets of the estate be set aside.

So, there is one petition filed and one court hearing. With a set aside proceeding, you are not filing a petition for the appointment of a personal representative. So, it is a much simpler and quicker process.

And if the beneficiaries are a surviving spouse or minor child, then the court must set aside the estate to the surviving spouse or minor child.

When the set aside petition is filed, you must remember to provide notice to all interested parties as well as to the Nevada Department of Health and Human Services. 

If the gross value of the entire estate exceeds $150,000, then a probate estate is required to be opened.

Filing Process and Other Requirements?

It is often asked whether the Affidavit of Entitlement must be filed with the County. It does not.

Rather, the affidavit is presented directly to the bank or brokerage firm that is holding the funds.  Or you take it to the DMV for vehicles whose titles are being transferred with the affidavit.  You will also need to present the death certificate. 

According to Nevada law, you need to wait 40 days from the date of death before presenting it to the financial institution or DMV.  The affidavit also states that all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Health and Human Services, have been paid or otherwise provided for.

Alternatives to Small Estate Affidavit

If you’re dealing with an estate that doesn’t qualify for a small estate affidavit in Nevada, you’ll need to explore other options. When the estate’s value exceeds $25,000 or $100,000 for a spouse, you’ll have to consider probate alternatives that can effectively handle larger estates.

One such alternative is the set aside procedure discussed above.

For larger estates, you might need to pursue a formal probate process. While this can be more time-consuming and costly than the affidavit of entitlement, it’s often necessary for larger or more complex estates. The probate process involves court supervision and can provide additional protections for beneficiaries and creditors.

When choosing among these alternatives, consider factors such as the estate’s size, complexity, and any potential disputes among heirs. It’s crucial to understand the specific requirements and limitations of each option to make an informed decision.

Consulting with a legal professional can help you navigate these choices and ensure you’re following the correct procedures for the estate you’re managing.

Frequently Asked Questions

How Long Does the Small Estate Affidavit Process Typically Take in Nevada?

While preparation of the affidavit is fairly fast, you must wait the 40-day statutory period before presenting it to a bank, etc. Processing time varies based on estate complexity and the internal processes of the particular bank or brokerage firm. The DMV can take several weeks. Common issues like document errors or family disputes may extend this timeline. Seeking legal help can expedite the process.

Can Multiple Beneficiaries Use a Single Small Estate Affidavit?

Yes, you can use a single Small Estate Affidavit for multiple beneficiaries in Nevada. It’s legal and can simplify the process. However, be aware of the legal implications, as all beneficiaries must agree on asset distribution and sign under oath.

Are There Any Restrictions on Using Small Estate Affidavits for Non-Residents?

No, a claimant that is not a Nevada resident may use the Affidavit of Entitlement if all of the other requirements are met.

Can Creditors Challenge the Use of a Small Estate Affidavit?

Yes, creditors can challenge the use of a small estate affidavit. They have the right to assert their claims and raise legal challenges. You should be prepared for potential creditors’ rights issues when using this simplified probate process. You state in the affidavit that all debts have been paid or provided for.

Is a Small Estate Affidavit Public Record in Nevada?

You’ll be pleased to know that small estate affidavits in Nevada are not public record. This addresses privacy concerns and has positive legal implications for you. You can proceed with confidence, knowing your personal information remains protected during the process.

Are Affidavits of Entitlement Free?

As you would expect, an attorney will charge for preparing the affidavit. If you are comfortable preparing one by yourself, a form is available here. 

Conclusion

You’ve learned about Nevada’s small estate affidavit process, which can simplify probate for estates valued at less than the applicable amount. Remember, you’ll need to meet specific eligibility requirements and understand which assets are covered.

Always consult with a legal professional for personalized advice on your unique circumstances.