.avif)
Nevada Unclaimed Property Form Guide
Nevada Form UP-40 is an Affidavit of Heirship used to support a claim for property held by the Nevada Unclaimed Property Division when the reported owner has died and the claimant believes they are an heir.
This form is limited to the State Treasurer's unclaimed-property process. It is not a general affidavit for transferring real estate, clearing title, recording with a county recorder, or replacing every probate procedure. The form says not to use it when the estate went through probate, another court determination exists, or the claimant is the surviving spouse.
UP-40 requires one affiant—the heir or claimant completing the family history—not a separate disinterested witness. The Unclaimed Property Division requires the completed affidavit to be signed and notarized, but the printed notary area does not contain a complete Nevada acknowledgment or jurat certificate. Confirm the intended notarial act with the Division before signing. Lake Mead Mobile Notary can then perform the requested lawful act and attach compliant certificate wording when needed.
Official State Treasurer Form
The current download is an official two-page Affidavit of Heirship issued for Nevada Unclaimed Property claimant use. It is not a county-recorder, court, title-company, or general probate form.
UP-40 includes a Claim Number field on both pages. Search for the deceased owner's property and follow the claim-specific instructions before completing the affidavit.
The UP-40 code appears in the official agency source and current claimant instructions. The form itself identifies the document by its Affidavit of Heirship title.
The current official PDF does not print a revision date. Confirm the active version through Nevada Unclaimed Property before using a previously saved copy.
A notarized UP-40 does not replace the claim form, death certificate, proof of identity, relationship records, small-estate affidavit, probate documents, or other items requested for the particular claim.
Claim Eligibility Screen
The Unclaimed Property Division determines which deceased-owner claim documents apply. UP-40 is intended for an heirship claim without a controlling will, trust, probate order, other court determination, or surviving-spouse route.
The form supports a claim for money or property being held in the name of a deceased reported owner by the State Treasurer's Unclaimed Property Division.
The claimant supplies the family history so the agency can review the claimed line of succession together with supporting records.
The form expressly says not to complete it when the estate went through probate or another court determination exists. The agency instead reviews the applicable court documents.
UP-40 expressly excludes the surviving spouse. The spouse should follow the separate claimant instructions and use the documents directed by the Unclaimed Property Division.
UP-40 is not designed to establish ownership of Nevada real estate, create a chain of title, or be recorded with the Clark County Recorder.
Questions about probate necessity, intestate succession, estate value, disputed heirs, omitted relatives, or competing claims should be directed to Nevada legal counsel and the Unclaimed Property Division before signing.
Affidavit Information
The affidavit builds the deceased owner's family line in a specific order. Complete only with accurate information and follow the instructions for writing “none” when a section has no responsive relatives.
Enter the decedent's name and date of death, the claimant's name, and the claimant's relationship to the decedent.
State whether the decedent was married at death, identify the spouse at death, and provide the spouse's date of death when applicable.
List all living and deceased natural-born and adopted children, their birth dates, dates of death when applicable, and whether a deceased child had children.
List grandchildren born to the deceased children identified in the preceding section, including each grandchild's birth date and deceased parent's name.
If the decedent has no living children or grandchildren, provide the mother's and father's names and dates of death when applicable.
If there are no living children, grandchildren, or parents, list living and deceased siblings and then the children of deceased siblings as directed by the form.
Supporting Claim Documents
Use the checklist generated for the specific Nevada Unclaimed Property claim. Current agency instructions state that additional documents may be required after review.
The heir or other authorized claimant signs the claim form and supplies the identity, Social Security number or estate tax identification, and other evidence requested by the agency.
Current deceased-owner instructions request a copy of a certified death certificate and additional proof of the reported owner's Social Security number when it is not shown.
The agency may request proof of the deceased owner's reported address or business relationship with the company that delivered the property to the State.
Birth certificates, marriage records, death certificates, and other records may be needed to support the family relationships stated in UP-40.
Current agency instructions pair the heirship affidavit with a notarized UP-45 Small Estate Affidavit when the no-probate heir route applies. Each heir may have separate signing requirements.
When multiple heirs exist, the agency may permit one claimant to proceed for the others only after each releasing heir completes the required release and supporting identification.
Execution Requirement
Current Nevada Unclaimed Property instructions require the Affidavit of Heirship to be fully executed, signed, and notarized. The form ends with an affiant signature and notary lines but does not print a complete Nevada acknowledgment or jurat certificate.
Ask the Unclaimed Property Division whether it requires a jurat, acknowledgment, or another certificate for the current UP-40. The notary cannot select the act or legal effect for the claimant.
When the receiving agency directs a jurat, the affiant must personally appear, take an oath or affirmation, and sign in the notary's presence.
If the receiving agency directs an acknowledgment instead, the signer personally appears and acknowledges the signature and voluntary execution. A prior signature may be acknowledged unless written instructions require otherwise.
Nevada notarial acts must be evidenced by compliant certificate wording. The notary may need to attach the certificate that matches the act requested by the claimant or agency.
Notarization identifies the affiant and performs the requested act. It does not prove that every relative was listed, determine the correct heirs, validate supporting records, or establish entitlement to payment.
Leave the affiant signature blank until the intended notarial act is confirmed. This avoids arriving with a prior signature when the agency expects a jurat.
Affiant and Claimant
The current form contains one affiant signature. It does not call for a second disinterested witness or require a non-heir to sign.
The person completing the family history enters their own name and relationship to the deceased owner and signs the affidavit.
The legacy instruction requiring an additional disinterested witness does not match the official form. Do not add a witness signature unless the agency supplies different written instructions.
UP-40 says the surviving spouse should not complete this form. The spouse must use the claimant documents directed by Nevada Unclaimed Property.
When probate is open, the appointed administrator, executor, or personal representative generally proceeds with the court appointment documents rather than UP-40.
Other heirs may need their own claim, small-estate affidavit, or release. UP-40's one affiant signature does not automatically authorize one heir to collect every other heir's portion.
Nevada Unclaimed Property determines who must file, what authority is sufficient, and how payments are divided. The notary does not decide heirship or claimant priority.
Appointment Preparation
Book only after the claim is open, the correct forms are known, the family information is complete, and the Unclaimed Property Division has clarified the notarial act for UP-40.
Select this when one claimant will sign one completed UP-40 and the required notarial certificate has been confirmed.
Select this when the same appointment includes two to four separate documents requiring notarization, such as UP-40, UP-45, the claim form, or a separate heir release.
Every person whose signature will be notarized must personally appear with an original, current physical identification document acceptable to Lake Mead Mobile Notary. Photos, screenshots, scans, and photocopies are not accepted.
Gather names, birth dates, death dates, relationships, and supporting records before the appointment. The notary cannot research the family tree or supply affidavit facts.
Call or text (702) 748-7444 before booking when multiple heirs will sign, separate releases are involved, or more than four documents require notarization.
Contact Nevada Unclaimed Property or legal counsel first when the claim number is missing, probate or a will or trust may control, the claimant is the surviving spouse, heirs are disputed, the required forms are uncertain, or the agency has not identified the notarial act.
After Notarization
UP-40 supports an existing deceased-owner claim. Follow the current claim portal and claim-specific document instructions rather than sending the affidavit to a county recorder or court.
Confirm that both pages, the claim number, attachments, affiant signature, notarial certificate, notary signature, and seal are complete and legible.
Preserve UP-40, all attachments, the supporting claim package, and the submission confirmation or tracking record.
The current Nevada Unclaimed Property site provides a Claim Document Upload option for an existing claim. Use the current portal and retain the upload confirmation.
Office addresses and delivery procedures can change. Verify the current mailing, appointment, or drop-off instructions through Nevada Unclaimed Property before sending original or sensitive documents.
The agency may request more evidence after reviewing the family line, claim value, probate history, identity records, or relationship documents.
Common Questions
It supplies family-line information for an heir claiming property held for a deceased owner by the Nevada Unclaimed Property Division.
No. It is a State Treasurer unclaimed-property claim form, not a deed or county-recorder heirship instrument.
The heir or claimant completing the family information signs as the affiant. The current form does not include a second disinterested-witness signature.
No. The form expressly says the surviving spouse should not complete it. The spouse should follow the separate claimant instructions provided by Nevada Unclaimed Property.
No. The form says not to use it when the estate went through probate or another court determination exists.
No additional witness appears on the current official form. Do not add a witness signature unless Nevada Unclaimed Property gives different written instructions.
The agency requires the affidavit to be signed and notarized, but the printed notary block does not identify a complete notarial act. Confirm the intended certificate with Nevada Unclaimed Property before signing.
Leave it unsigned until the notarial act is confirmed. If the agency requires a jurat, the affiant must take an oath or affirmation and sign in the notary's presence.
No. The notary verifies identity and performs the requested notarial act. Nevada Unclaimed Property evaluates the family line, documents, competing claims, and entitlement.
The agency may request the claim form, death certificate, claimant identification, proof of Social Security number, address or account evidence, relationship records, UP-45 Small Estate Affidavit, heir releases, or court and estate documents.
Choose Mobile Notary – 1 Document when one claimant will sign one completed UP-40 after the notarial act is confirmed. Choose the two-to-four-document appointment when additional claim documents also require notarization.
.avif){kind=small}
