What is the Nevada Affidavit of Entitlement?
The Nevada Affidavit of Entitlement (also known as a Small Estate Affidavit) is a sworn legal statement that allows the rightful heir(s) to collect the personal property (like bank accounts, final paychecks, or safe deposit boxes) of a deceased person without going through the formal probate court process. This simplified procedure is available under NRS 146.080 when the total value of the decedent's Nevada estate subject to probate does not exceed $25,000.
This affidavit is used to:
- Present to a bank to close the decedent's account.
- Claim a final paycheck from an employer.
- Take possession of the contents of a safe deposit box.
- Collect other personal property held by a third party.
The heir(s) must sign the affidavit under penalty of perjury, and their signature(s) must be notarized. This tells the institution holding the asset that the signer is legally entitled to the property and accepts liability for its distribution.
๐ Download Affidavit of Entitlement Form
For Estates Not Exceeding $25,000
Download a general template for the Affidavit of Entitlement. You will need to list all heirs, describe the property to be collected, and state that the estate value is under $25,000. Do not sign until you are with the notary.
โ You are signing under penalty of perjury. Ensure all information is accurate and that you are legally entitled to the assets before signing.
Download Affidavit Form
โ Key Requirements to Use This Affidavit
40-Day Waiting Period: At least 40 days must have passed since the person's death.
No Real Estate: This affidavit cannot be used to transfer Nevada real estate (land or homes).
Value Limit: The net value of the estate (assets minus debts) must not exceed $25,000.
No Probate Pending: No application for probate can be pending or granted in any jurisdiction.
๐๏ธ Book a Mobile Notary for Your Affidavit
We provide discreet and reliable mobile notary services at your home, a bank, or any other location.
Book online or call (702) 748-7444 for same-day service.