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Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

An heirship affidavit, sometimes called an affidavit of heirship, is a notarized document that identifies a decedent’s rightful heirs and describes any real property interests they inherit when no formal probate administration occurs. In Nevada, there is no single statutory form for an heirship affidavit for real estate, but the document must meet key requirements to satisfy title companies, courts, and the county recorder’s office.

1. Understand Nevada’s Inheritance Laws

Nevada determines heirs by intestate succession under NRS 134.050. This statute sets the order in which property passes when someone dies without a valid will. Common classes of heirs include spouse, children, parents, and siblings.

If the decedent owned personal property under certain dollar limits, you may use a small estate affidavit instead. See NRS 146.090 for limits on personal property and procedural rules.

2. Gather Required Information

• Decedent’s Details: Full name, date of death, last known residence.
• Property Description: Legal description of real estate (lot, block, parcel number).
• Heir Information: Full names, relationships, and addresses of each heir.
• Proof of Heirship Facts: Facts supporting relationship (birth certificates, marriage certificates, death certificates).

3. Drafting the Affidavit

Your affidavit should include the following elements:

1. Title: “Affidavit of Heirship.”
2. Introductory Paragraph: Identify the affiant (the person swearing to the affidavit), their relationship or knowledge of the decedent, and the date and place of decedent’s death.
3. Property Clause: Describe each parcel of real estate by legal description.
4. Heirship Clause: List each heir, their relationship to the decedent, and the share of interest they inherit under NRS 134.050.
5. No Administration Statement: Affirm that no personal representative or executor has been appointed in any Nevada court for the decedent’s estate.
6. Signature Block: Affiant’s signature, date, and printed name.
7. Notary Acknowledgment: Acknowledgment clause with notary public signature and seal.

4. Notarize and Record

After drafting the affidavit, have the affiant sign it before a Nevada notary public. Then record the affidavit in the county where the real property lies. Pay applicable recording fees. The recorded affidavit links the heirs’ title to public land records and allows subsequent transfers or refinances.

5. Consider Court Determination (If Needed)

If a title company or lender requires a formal court order, you can file a petition for determination of heirship in the district court under NRS 147.030. A judge then issues an order declaring the heirs, and you record that order in the county recorder’s office.

Helpful Hints

• Use precise legal descriptions from your deed or assessor’s records to avoid recording errors.
• Obtain certified copies of vital records (death, birth, marriage certificates) to verify heir relationships.
• Confirm there is no will or pending probate by checking with the county clerk’s office.
• Keep copies of the recorded affidavit and any supporting documents for your records.
• If you have complex family situations or conflicting heirship claims, consult a licensed Nevada attorney.
• Title companies often provide sample affidavits—compare them against statutory requirements.