Nevada: How to Decide Which Assets to List on a Small Estate Affidavit

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Understanding Which Assets to List on a Nevada Small Estate Affidavit

Detailed Answer

When someone dies in Nevada, a small estate affidavit can let certain heirs or successors collect personal property without a full probate administration. Before filling out any form, confirm that the estate qualifies under Nevada rules and that you are an authorized person to use the affidavit. Nevada probate law and procedures are found in NRS Chapter 146: https://www.leg.state.nv.us/NRS/NRS-146.html. Also check local court forms and instructions for the county where the decedent lived.

Which assets to list

Only list the assets you actually intend to claim with the affidavit and that meet Nevada’s legal eligibility rules. In practice, that usually means:

  • Personal property and intangible personal property (bank accounts, brokerage accounts, cash, household goods, vehicles) that were owned solely by the decedent at death and that are located in Nevada or governed by Nevada law.
  • Items that have a determinable value (or a reasonable estimate of value) at the date of death. For each asset, include a clear description, the account or title number if applicable, the holder or location (bank name, county for vehicle titles), and your estimate of value.
  • Property whose ownership did not automatically pass to someone else by operation of law (for example, property that is not jointly owned with rights of survivorship and that does not have a designated beneficiary).

Which assets you generally should NOT list (leave blank or put zero)

Do not include assets that you are not legally entitled to collect with a small estate affidavit. Common categories to exclude:

  • Accounts or policies with named beneficiaries (life insurance, retirement plans, or bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations). Those pass outside probate to the named beneficiary and typically should not be claimed on an affidavit.
  • Property held jointly with right of survivorship (joint tenancy or community property with right of survivorship). That property usually passes automatically to the surviving joint owner.
  • Real property that must be probated. Many states limit small estate affidavits to personal property; do not assume you can use the affidavit to transfer title to real estate without checking the statute and local rules.
  • Assets already transferred by another legal mechanism before you file the affidavit (for example, a deed recorded before death, a finalized payoff to creditors, or an estate administration already opened).
  • Assets whose value is fully encumbered by liens so there is no net value for heirs. If you include such assets, clearly disclose the lien amount and net value, or simply note no net value if that is accurate.

How to handle unknown values, shared assets, or partial claims

  • If you do not know an exact dollar value, give a good faith estimate and note how you reached it (recent statement, appraisal, comparable sale). Courts expect reasonable accuracy; avoid wild guesses.
  • For assets jointly owned but with unclear survivorship rights, do not list them unless you are certain the decedent held sole title or that Nevada law allows collection via affidavit for the decedent’s fractional interest. When in doubt, disclose the joint ownership and state you are not claiming the asset with the affidavit.
  • If you intend to claim only part of an asset (for example, decedent owned 50% of a bank account), describe the portion you claim and provide documentation supporting the ownership split.
  • If an asset has both value and encumbrances, show the gross value and the outstanding lien, and calculate the net value (or explain why net is zero).

Documentation and accuracy

Attach supporting documents where the affidavit form allows or keep them ready to present: death certificate, recent account statements, vehicle titles, bills of sale, appraisals, and documentation of beneficiary designations or joint ownership. Nevada law imposes penalties for false affidavits; be truthful and accurate. If you omit an asset that you later learn exists, creditors or heirs may have remedies, so full disclosure of assets you claim is important.

When the small estate affidavit is not appropriate

If the estate value exceeds Nevada’s statutory small-estate threshold, if the estate includes complex assets (business interests, certain real property), or if there are likely creditor disputes or contested heirs, do not use the affidavit. Instead, consult the probate process outlined in NRS Chapter 146: https://www.leg.state.nv.us/NRS/NRS-146.html.

Bottom line: list only the decedent’s personal property that you are legally allowed to collect through the small estate procedure, describe each asset clearly, provide honest valuations or net values, and exclude assets that pass by beneficiary designation, joint ownership, or by other non-probate mechanisms.

This is general information about Nevada procedures and not legal advice. For questions about a particular estate or to confirm whether a small estate affidavit is the correct tool, consult a Nevada probate attorney or the county court clerk.

Helpful Hints

  • Confirm qualification: check Nevada statutes and county court rules to verify the estate meets the small-estate threshold before using the affidavit. See NRS Chapter 146: https://www.leg.state.nv.us/NRS/NRS-146.html.
  • Use the official form or local court form if one is provided. Courts often reject incomplete or nonstandard affidavits.
  • Gather documentation first: death certificate, account statements, vehicle titles, beneficiary designations, and any recorded deeds. These make your assertions verifiable.
  • Do not claim beneficiary-designated or POD/TOD assets on the affidavit. Instead, the named beneficiary should claim them directly from the institution.
  • When in doubt about joint ownership or survivorship language, get a title search or a knowledgeable attorney’s input—ownership labels can be misleading.
  • If a creditor claim is likely, consider a formal probate administration instead of a small estate affidavit to handle claims properly.
  • Be conservative with values. If an asset’s net value is effectively zero because of liens, note that rather than inflating the estate’s apparent value.
  • Keep originals and copies of all documents you submit and record the date you deliver the affidavit and to which institutions.
  • Ask for written confirmation from banks or institutions that they accepted the affidavit and released funds or property.
  • If you are unsure whether an asset can be collected under the small estate process, consult a Nevada probate attorney for a short review before filing.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.