Submitting an Affidavit Accounting for Personal Property in a Nevada Small Estate
This FAQ explains, in plain language, how to prepare and submit an affidavit that accounts for a decedent’s personal property in a small estate under Nevada law. It covers who can sign the affidavit, what to include, supporting documents, where to file or present it, and common procedural steps. This is educational information only and not legal advice.
Detailed answer: steps to prepare and submit the affidavit
- Confirm you can use a small-estate procedure. Nevada law provides streamlined procedures for estates that meet certain requirements. Before you prepare an affidavit, confirm that the decedent’s estate qualifies for summary collection procedures or the small-estate affidavit process in your county. Consult the Nevada probate statutes (see NRS Chapter 147) and local court rules: NRS Chapter 147 — Administration of Estates. For practical forms and local filing rules, check the Nevada Judiciary’s self-help/probate page: Nevada Courts Self-Help.
- Identify the proper affiant. The affidavit is normally signed by a person entitled to possession of the decedent’s personal property (for example, a surviving spouse, heir at law, or a person named in a will), or by an appointed representative if one exists. The affiant should be prepared to swear to the truth of the information under penalty of perjury.
- Gather required information and documents. Typical required elements include:
- Decedent’s full name, date of death, and last address.
- Affiant’s name, contact information, and relationship to the decedent.
- A clear, itemized list of the decedent’s personal property being claimed (bank accounts, vehicles, household goods, personal effects, jewelry, insurance proceeds, etc.). Include approximate values and locations for each item.
- Statement of any known debts or liens on the listed property (or a statement that none are known).
- Identification of persons entitled to the property under the will (if any) or under the laws of intestacy.
- Statement that the total value of the personal property subject to the affidavit meets the small-estate eligibility criteria (check local statute or court rule for the applicable threshold).
- Attachment of a certified copy of the decedent’s death certificate.
- Attachment of a copy of the will, if the decedent left one (if relevant).
- Follow the statutory or local form language. Some courts accept a free-form affidavit if it contains the required facts; others prefer or require a particular form or checklist. Use a court or county form if available. If the statute specifies required wording (for example, a sworn statement that the affiant is entitled to the property and that the fair market value does not exceed the statutory limit), include that language exactly.
- Sign and notarize the affidavit. The affiant must sign the affidavit under penalty of perjury and have it notarized or otherwise sworn before an authorized official. Nevada courts expect affidavits to be sworn; unsigned or unnotarized affidavits may be rejected.
- File or present the affidavit where required. Depending on the type of small-estate procedure and the asset holder, you will either:
- File the affidavit with the county probate clerk (if the court requires filing for record or issuance of instructions to third parties).
- Present the notarized affidavit directly to the third party holding the asset (bank, title office, vehicle registration office, insurer). Many banks and agencies will accept an affidavit plus a death certificate to release funds or transfer ownership without a full probate, but each institution sets its own internal rules.
- Provide notice if the statute or court requires it. Some small-estate procedures require notice to heirs or creditors before distribution. Check local rules and statutes and follow any required timing for notice or waiting periods.
- Keep clear records. Keep the original affidavit, all attachments, and proof of any deliveries or filings. If you transfer or sell property under the affidavit, document the transaction with receipts and a clear chain of title.
Sample structure of an affidavit accounting for personal property
A simple affidavit should contain: a title (e.g., “Affidavit Accounting for Personal Property of [Decedent]”), declarative paragraphs providing the elements listed above, scheduling of each item and value, attachments, a jurat (notary block), and signature of the affiant.
When you should consider filing a formal probate instead
If the estate includes real property, significant debts, contested claims, or assets that institutions refuse to release under a small-estate affidavit, you likely need formal probate administration. Formal probate creates a personal representative, gives the court authority to resolve disputes, and allows court-supervised creditor claims and distributions. If anyone contests the affidavit’s statements, file for probate and consult an attorney.
Where to find Nevada statutes and local forms
Primary sources:
- Nevada Revised Statutes, Probate/Administration chapter: https://www.leg.state.nv.us/NRS/NRS-147.html
- Nevada Courts self-help, forms, and probate resources: https://nvcourts.gov/self_help/
Helpful Hints
- Start by calling the county probate clerk where the decedent lived. Staff can tell you whether a local small-estate affidavit form exists and whether the court must receive a copy.
- Before presenting an affidavit to a bank or other institution, call the institution to confirm which documents it requires (some want original death certificates; some want additional ID from the affiant).
- Be precise about values. If the institution disputes the stated value, they may refuse to release the asset.
- List liens and debts honestly. Failing to disclose known liens can expose you to liability.
- If multiple heirs claim the same asset, get written agreement from all heirs or obtain a court order. Otherwise, avoid distributing disputed property on your own.
- Use certified copies where the institution requires originals to remain on file.
- If you expect any creditor claims or complex tax issues, talk to an attorney before using an affidavit to move assets.