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Navigating the complexities of estate matters can be daunting, especially when a loved one passes away. In Nevada, the Small Estate Affidavit offers a streamlined process for settling the affairs of individuals who have left behind relatively modest estates. This form is designed for situations where the total value of the estate, excluding certain types of property, falls below a specific threshold. By utilizing the Small Estate Affidavit, heirs can avoid the lengthy and often costly probate process. The form allows individuals to assert their rights to the decedent’s assets, such as bank accounts, personal property, and other belongings, without the need for court intervention. Importantly, the affidavit must be signed under penalty of perjury, ensuring that the information provided is truthful and accurate. This legal tool not only simplifies the transfer of assets but also provides a clear path for heirs to claim what is rightfully theirs, making the transition during a difficult time a bit easier.

Nevada Small Estate Affidavit Sample

Nevada Small Estate Affidavit Template

This document is prepared in accordance with the Nevada Revised Statutes (NRS) Chapter 146, which allows for the collection of a decedent's personal property by an affidavit under certain conditions. It serves to expedite the process of estate resolution for small estates without the need for formal probate. Please ensure that the decedent's estate qualifies under the NRS 146.080 before using this affidavit.

State of Nevada
County of ___________________

I, _________________________, residing at ______________________________________, being duly sworn, declare under penalty of perjury:

  1. The decedent, ________________________, resided at ________________________________________ and passed away on _______________, as evidenced by the attached certified copy of the death certificate.
  2. The decedent's estate qualifies for the collection of personal property via affidavit pursuant to Nevada Revised Statutes 146.080, as the total value of the property does not exceed $25,000 (as of the date 40 days have elapsed since the death), and at least forty days have passed since the date of death.
  3. There is no petition for the appointment of a personal representative pending or granted in any jurisdiction to the best of my knowledge.
  4. The decedent died without a will, or if the decedent had a will, I am the successor according to that will or applicable Nevada law.
  5. I am entitled to payment or delivery of the property as stated below:
    • Personal property description: ____________________________________________________.
    • Value: ______________________________________.
  6. To my knowledge and belief, the estate owes no debts, or I agree to pay any and all lawful debts remaining on the estate.
  7. I acknowledge that this affidavit is made for the benefit of, and will be delivered to, any person indebted to the decedent or having possession of the decedent’s property, as well as any entity acting as a registrar or transfer agent of any evidence of interest, indebtedness, property, or right.
  8. I understand that falsifying information within this affidavit is punishable under Nevada law.

Under penalty of perjury, I declare that the foregoing is true and correct to the best of my knowledge and belief.

Date: ________________________

Printed Name: _____________________________

Signature: ________________________________

State of Nevada
County of _____________________

Subscribed and affirmed before me this __________ day of _______________, 20____ by ________________________________ who is personally known to me or who has produced identification in the form of ___________________________________.

Notary Public: _____________________________

My Commission Expires: _____________________

Click for Small Estate Affidavit PDF

Document Data

Fact Name Description
Purpose The Nevada Small Estate Affidavit allows individuals to claim assets of a deceased person without going through probate.
Eligibility This form is used when the total value of the estate is $100,000 or less, excluding certain assets.
Governing Law The use of the Small Estate Affidavit is governed by Nevada Revised Statutes (NRS) 146.080.
Assets Covered It can be used for personal property, such as bank accounts and vehicles, but not for real estate.
Filing Requirements The affidavit must be signed by the person claiming the assets and notarized.
Timeframe The affidavit should be filed within a reasonable time after the death of the individual.
Notification Heirs must notify all interested parties, including creditors, before using the affidavit.
Legal Advice While not required, seeking legal advice is recommended to ensure compliance with state laws.
Limitations This process cannot be used if there is a will that requires probate to be opened.
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