Skip to content
Oakclause

Small Estate Affidavit Limits in Nevada

In Nevada, a successor can collect property by affidavit 40 days after the death if the decedent left no Nevada real property and the property is worth no more than $25,000, or $150,000 if the claimant is the surviving spouse.

Last checked . General information, not legal advice.

Nevada at a glance

Maximum estate value
$25,000 ($150,000 for a surviving spouse)
Gross value, not counting motor vehicles or amounts due for Armed Forces service.
Waiting period after death
40 days
Real estate can pass
No
Not available if the decedent left any real property interest in Nevada.

Sources

Last checked

The rules in Nevada

What is the maximum estate value for a small estate affidavit in Nevada?

Maximum estate value in Nevada: $25,000 ($150,000 for a surviving spouse). Gross value, not counting motor vehicles or amounts due for Armed Forces service.

How long after the death must you wait to use a small estate affidavit in Nevada?

Waiting period after death in Nevada: 40 days.

Can real estate pass by small estate affidavit in Nevada?

No. Real estate can pass in Nevada: no. Not available if the decedent left any real property interest in Nevada.

Where do the Nevada small estate affidavit limits come from?

The rules above come from Nev. Rev. Stat. 146.080. Each source is linked on this page. We last checked them in October 2026.

Good to know

NRS 146.080 was last amended in 2025 (Statutes of Nevada 2025, page 2314). The affiant must also give written notice to other successors at least 14 days before using the affidavit.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.