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.