AFFIDAVIT OF ENTITLEMENT– NRS 146.070 & 146.080
This legal guide is intended to provide a brief analysis of the probate process for small estates as contained within NRS 146.080.
OverviewIn Nevada, an "affidavit of entitlement" is a simplified probate process for estates that do not include real property (homes or land) and are: (1) less than $25,000 (not including any amounts due to the decedent for services in the Armed Forces of the United States or the value of motor vehicles registered to the decedent) for non-surviving spouses; or (2) are less than $100,000 for surviving spouses.
Procedure:The affiant must complete an affidavit of entitlement containing the following representations:
1. The affiant is entitled by law to succeed to the property claimed;
2. The gross value of the decedent's property in Nevada (not including the any amounts due to the decedent for services in the Armed Forces of the United States or the value of motor vehicles registered to the decedent) is less than $25,000 for non-surviving spouses and less than $100,000 for surviving spouses;
3. At least 40 days have elapsed since the death of the decedent;
4. No petition for appointment of a personal representative of the decedent's estate is pending or has been granted in any jurisdiction;
5. All debts of the decedent, including funeral and burial expenses, have been paid and/or provided for;
6. The affiant has no knowledge of any existing claims for personal injury or tort damages against the decedent; and
7. The affiant acknowledges an understanding that filing a false affidavit constitutes a felony in the State of Nevada.
An example of an affidavit of entitlement can be found here: file:///C:/Users/jpl/Downloads/Small%20Estates%20Affidavit%20(1).pdf
How do I know if I am entitled to succeed to the decedent's property?Review the decedent's last will and testament, or if the decedent died intestate (without a will), determine the familial priority as set forth in NRS 134.
What do I do with the affidavit of entitlement once completed?The affiant will need to present the affidavit of entitlement and copy of the death certificate to the transfer agent of any security (i.e. bank) or governmental agency to transfer the assets to the affiant and/or issue a new certificate of title, ownership or registration in the name of the affiant.
If the transfer agent requires a court order authorizing the transfer of the assets, the affiant can file an ex parte petition for the transfer of property with the probate court. Said application should include the same information contained within the affidavit of entitlement.
What happens if the affiant which does not meet the requirements under NRS 146.080(2) or contains sto The affiant may be guilty of a felony
o Any money or property the affiant receives is subject to all of the debts of the decedent.
o If the affiant fails to give notice to the other successors, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.