Affidavit of Entitlement for Estates Less than $25,000

Nevada law allows a simplified process for estates that do not include real property (homes or land) and are less than $25,000 (not including the value of vehicles). This simplified process also works for surviving spouses of decedents whose estates do not include real property and are less than $100,000. Go to Affidavit of Entitlement By Spouse for Estates Less than $100,000 for more information. (NRS 146.080.) This Affidavit of Entitlement process requires an Affidavit of Entitlement to be filled out and signed in front of a notary at least 40 days after the decedent's death. If there are people of equal or higher priority than you who are entitled to the estate, then you have to give them 14 days notice before signing the affidavit.

Read the questions below. If you can answer "yes" to all the following questions, this might be the process for you:

• Have at least 40 days passed since the death?
• Did the decedent die leaving no real property (land, homes, time shares) or mortgages behind? (Remember, if the decedent did have property, but that property passed by law upon death, as in via a joint tenancy with a right of survivorship--see "What is part of the probate estate?" under the Intro to Probate--that property is not considered part of the probate estate, and so the decedent died leaving no real property.)
• Do you know all of the decedent's assets?
• Does the entire value of the decedent's property, not including motor vehicles registered to the decedent, total less than $25,000?
• Do you have the right to succeed to the property pursuant to a will or pursuant to Nevada law? (See here for the chart on intestate succession)
• Is it true that there is no petition for the appointment of a personal representative pending or granted?
• Is it true that you are personally entitled to the property?
• Is it true that you have no knowledge of any existing personal injury claims or tort damages against the decedent?
• Do you acknowledge and understand that filing a false affidavit constitutes a felony in Nevada?

If the answers to all the above questions are "yes," then follow these five steps below for the Affidavit of Entitlement.

Each of the five steps is discussed in more detail below.

Step 1: Notice the decedent's family members of your intention to proceed with the Affidavit of Entitlement.

Serve or mail notice to all the people who have an equal or higher priority than you to the decedent's property. The list of familial priority is as follows:

1. The decedent's spouse;
2. The decedent's adult son or daughter;
3. The decedent's parents;
4. The decedent's adult brother or sister;
5. The decedent's grandchildren;
6. Any family entitled to share in the distribution of the estate.

Use the list to determine where you fall. For all the people who are equal or higher than you on the list, mail or serve them notice of your intention to proceed with the Affidavit of Entitlement, and tell them what property you intend to take. This can be in the form of a short letter.

If you do not know the whereabouts of one or more of the people who should receive notice, you will have to proceed with the Petition for Transfer of Property after completing the Affidavit of Entitlement to get a court order.

Wait 14 days. If no one contacts you regarding an objection, you can proceed to the next step.

Tip! This step can be done as soon as you become aware of the decedent's death. The Affidavit of Entitlement has no validity until 40 days after the decedent's death, but notice can be done far in advance.

Step 2: Collect information.

Gather information about the decedent's property. If there is a vehicle, gather information about the vehicle's year, make, model and VIN (vehicle identification number). If the property is a bank account, gather the account number, the type of account it is, and the name of the bank where the account is located. Be as specific as possible when describing each piece of property.

Step 3: Complete the Affidavit of Entitlement.

An Affidavit of Entitlement is available free of charge at the Civil Law Self-Help Center. You can also download the Affidavit of Entitlement on your computer by clicking the link underneath the form's title below.

AFFIDAVIT OF ENTITLEMENT
PDF fillable

You can also download a form completion guide to show you how to fill out the form by clicking on the link below:
GUIDE

Complete the Affidavit of Entitlement carefully, providing all requested information in all blanks. Remember, you will want to be very specific about the property that the agency has to turn over.

You will have to get the Affidavit of Entitlement notarized, so do not sign the Affidavit of Entitlement until you are in the presence of a notary.

Step 4: Attach the death certificate to the Affidavit of Entitlement.

Once the Affidavit of Entitlement is completed and notarized, attach a copy of the decedent's death certificate to it.

Step 5: Present Affidavit of Entitlement.

When all the steps have been completed, you can turn over the Affidavit of Entitlement to the agency who is holding the property. The agency should honor it, and the registered ownership should change to you. Any governmental agency required to issue certificates of title, ownership or registration to personal property should issue a new certificate of title, ownership, or registration to you. (NRS 146.080(5).)

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