How to Transfer Assets Using Nevada's Small Estate Affidavit

Nevada offers a simple way to transfer assets from a deceased person’s estate without going through probate. This process is called the Small Estate Affidavit and is available for estates valued at $25,000 or less (or $100,000 or less if the claimant is a surviving spouse). Here’s how it works:

Step 1: Determine Eligibility

Before using the small estate affidavit, ensure the estate qualifies:

Value Limit: The total estate value must be $25,000 or less, excluding real estate. If you are a surviving spouse, this limit increases to $100,000.
Time Requirement: At least 40 days must have passed since the person’s death.
No Probate: There must not be any active probate proceedings for the estate.

Step 2: Gather Required Documents

To complete the affidavit process, you’ll need:

A death certificate of the deceased.
A list of all assets and their values.
Documentation proving your entitlement to the assets (e.g., a will, or proof of relationship if there is no will).

Step 3: Complete the Affidavit

The Department of Motor Vehicles has its own form for this. Go to DMV.nv.gov for this form, or use your search engine to search and download a small estate affidavit form. Nevada law requires specific information in the affidavit, including:

The name of the deceased.
The date and place of death.
A description of the assets you are claiming.
A statement confirming eligibility (e.g., estate value is within limits, 40 days have passed, no probate proceedings).
Your legal right to the assets (as heir, beneficiary, or spouse).

The affidavit must be signed under oath and may need to be notarized.

Step 4: Present the Affidavit

Take the completed affidavit to the institution or person holding the assets, such as a bank, insurance company, DMV or employer. Provide the affidavit, a copy of the death certificate, and any other requested documents.

Step 5: Receive the Assets

The holder of the assets should transfer them to you once the affidavit is accepted. If there are multiple heirs or beneficiaries, they may each need to sign affidavits or agree to the distribution.

Special Considerations

Real Estate: Real property cannot be transferred using a small estate affidavit. You may need to use a different probate process, such as a "set-aside" proceeding.
Creditor Claims: Debts of the deceased must still be paid. Heirs receiving assets may be responsible for outstanding debts if they exceed the estate’s value.

Need more guidance? The trusted attorneys at Surratt Law Practice are just one call away!