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1. Detailed Answer
Overview of Nevada’s Small Estate Affidavit
Nevada law allows heirs to collect a decedent’s personal property without formal probate when the total value does not exceed the statutory limit. Under NRS 146.090, an heir may use a small estate affidavit to claim vehicles, bank accounts, and other personal assets if the estate’s value is below the threshold set by law.
Step 1: Confirm Eligibility
- The decedent must have been domiciled in Nevada at the time of death.
- The total value of all personal property (excluding homestead, real estate, and property subject to liens) must not exceed the statutory limit. See NRS 146.090.
- At least 20 days must have passed since the decedent’s death before you file the affidavit.
Step 2: Identify Heirs and Assets
Determine who qualifies as heirs under Nevada’s intestate succession rules. When no will exists, relatives inherit according to NRS 134.030. List each asset, its approximate value, and each heir’s name, address, and share.
Step 3: Prepare the Affidavit
- Use Nevada’s statutory form or draft a document stating:
- The decedent’s name, date of death, and county of residence.
- A complete asset schedule with values.
- The name and address of each heir and their proportionate share.
- A statement under penalty of perjury that no application for formal probate has been filed and no personal representative is appointed.
- Sign the affidavit before a notary public.
Step 4: File and Serve the Affidavit
- File the notarized affidavit with the clerk of the district court in the county where the decedent lived.
- Provide a certified copy of the death certificate along with the affidavit.
- Serve notice of filing to all interested parties if required by the court’s local rules.
Step 5: Collect and Distribute the Assets
- Present certified copies of the recorded affidavit to custodians (banks, DMV for vehicle titles, etc.).
- Custodians release assets to the person designated in the affidavit under NRS 146.100.
- Distribute proceeds or documents to heirs as listed in the affidavit.
- Keep detailed records of distributions, including receipts and copies of released assets.
2. Helpful Hints
- Confirm asset valuations with recent statements or appraisals.
- Check for outstanding debts or liens that may affect the estate’s net value.
- Use the court clerk’s office to obtain approved affidavit forms and filing fees.
- Notify all heirs in writing to prevent future disputes.
- Maintain clear, organized records of every step and transaction.
- Consider consulting an attorney if any asset exceeds the limit or disputes arise.