Nevada Small Estate Affidavit | Affidavit of Heirship

In Nevada, surviving family or other successors may file either an affidavit of heirship for personal property, or a small estate affidavit for real estate, as long as the value of the decedent’s property does not exceed $20,000. This amount goes up to $100,000 for surviving spouses, and $25,000 for other surviving family members. This change will go fully into effect October 1, 2015. Grieving family members may file these affidavits to claim and distribute a deceased loved one’s property as they see fit, without the time and expense of probate court.

Affidavit of Heirship: Nevada recently revised its probate statutes to adjust the value of property based on the successor’s closeness to the decedent. Now, if a surviving spouse files an affidavit of heirship, then personal property must not value over $100,000; however, if distant relatives or other successors apply, then the value of the property may not exceed $20,000.

Small Estate Affidavit: this type of affidavit covers real estate in Nevada, not personal property like bank accounts. If a loved one dies without a last will and testament, successors may file a small estate affidavit after 30 days have passed, and avoid probate court.



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According to Nevada’s statutes Nev. Rev. Stat. Ann. § 146.080, amended by 2105 Nevada Laws Ch. 169 (A.B. 130), successors not directly related to the decedent may file an affidavit of heirship for personal property valued up to $20,000. If a surviving spouse files, then the estate may value up…

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In Nevada, the revised statutes NRS 146.070 state that successors may file a small estate affidavit if a loved one dies without a last will and testament. The statutes were changed in October 2015 to update the value of estate to reflect the closeness of the successor to the decedent….