How to confirm whether a bank account qualifies for Nevada’s $20,000 small‑estate process

Short answer: To use Nevada’s small‑estate affidavit you must confirm the decedent’s total personal property subject to probate (often including bank account balances) does not exceed $20,000. Do this by obtaining the account balance as of the decedent’s date of death, checking ownership and beneficiary designations (POD, joint tenancy, trust), and adding other personal property the statute covers. If the total is under $20,000, you may be able to use the small‑estate affidavit instead of full probate. This is general information and not legal advice.

Detailed answer — step‑by‑step

1. Understand what the $20,000 limit covers

Nevada’s small‑estate procedure is designed to let relatives or other persons collect certain personal property when the estate’s personal property that must pass through probate is small (commonly cited as $20,000). The rule applies to personal property (bank accounts, personal effects, some investments), not usually to real property. Certain items may pass outside probate entirely (for example, assets held in a trust, payable‑on‑death (POD) accounts, or property owned jointly with rights of survivorship).

2. Find the account balance as of the date of death

• Contact the bank. Explain that the accountholder died and request the balance as of the date of death. Banks typically require a certified copy of the death certificate and identification.
• Request a written statement or account history showing the balance on the date of death or the balance and transactions from a date before death through the date of death.
• If the account remains frozen, ask the bank what information they can provide you and whether they allow any limited disbursements for funeral or emergency expenses.

3. Determine whether the account is subject to probate

Not all bank accounts are part of the probate estate. Check:

• Payable‑on‑death (POD) or “in trust for” (ITF) designations — these typically pass directly to the named beneficiary outside probate.
• Joint tenancy with survivorship — the surviving joint owner usually becomes sole owner automatically.
• Trust ownership — if the account was owned by a living trust, it generally does not go through probate.
• Licensed beneficiary designation (for certain accounts) — some account types have beneficiary forms that control distribution.

If the account is POD, joint with survivorship, or held in trust, you often do not count it toward the small‑estate total because it does not require probate distribution.

4. Gather and add other personal property that must pass through probate

The $20,000 limit counts the total of personal property that will be distributed under probate or the small‑estate affidavit. That can include:

• Cash and bank account balances that are part of the probate estate
• Personal items (cars, jewelry) that are not already transferred or excluded
• Uncashed checks or certificates of deposit that become payable to the estate

Do not include secured debts or encumbrances that reduce the net value unless the statute or court guidance specifies net vs. gross value; if you are unsure, note both gross and likely liens so an attorney can advise.

5. Use an example (hypothetical)

Example: Jane Doe died owning a checking account with $12,000 and a jointly owned savings account with $10,000 payable to her and her adult child as joint tenants. Jane also owned a vehicle worth $6,000. The checking account counts toward the small‑estate total. The joint account likely passes to the surviving joint tenant and does not count. If only the $12,000 checking account and the $6,000 vehicle must pass through probate, the total is $18,000 — under the $20,000 limit — so the small‑estate affidavit may be available.

6. If you cannot get reliable numbers, take immediate practical steps

• Order recent bank statements or online access for the account (banks usually will provide these with a death certificate).
• Collect titles, statements, and bills for other personal property you suspect is part of the estate.
• Get certified copies of the death certificate (banks require these).

7. When banks may require additional proof

Banks often have their own internal procedures. Some banks will release funds under the small‑estate affidavit if you present the affidavit plus required documents; others may require a court order or proof that no probate is necessary. Ask the bank which documents they accept for accounts below the small‑estate limit.

8. When to consult an attorney

Seek legal advice if:

• Ownership or beneficiary status of accounts is unclear
• There are disputes among heirs or potential creditors
• Total assets are close to the $20,000 threshold and it’s unclear whether liens or exclusions apply
• Banks refuse to honor a small‑estate affidavit without a court order

Key Nevada resources

• Nevada Revised Statutes (NRS) statutes and text: https://www.leg.state.nv.us/NRS/ — use the site search to find Nevada probate and small‑estate provisions.
• Nevada Courts self‑help information (probate and small estates): https://nvcourts.gov/self-help/ — check the probate/self‑help pages or court forms for small‑estate affidavit guidance.

Helpful hints

• Start with the bank: getting a written balance as of date of death will answer most questions.
• Always ask whether the account had a POD beneficiary, was jointly owned, or belonged to a trust — those items frequently remove funds from the probate calculation.
• Obtain multiple certified copies of the death certificate — banks and other institutions usually require them.
• Keep clear records of all communications with banks (who you spoke with, date, and what they said).
• If the estate total is near $20,000, be conservative and document liens/secured debts; consider getting legal advice before relying on the small‑estate process.
• Many county courts have self‑help clerks or packet forms for small‑estate affidavits — check the local court website or call the probate clerk for local rules.

Disclaimer: This article provides general information about Nevada procedures and is not legal advice. Laws change and facts matter. For advice about your specific situation, consult a licensed Nevada attorney or your local probate court.