Nevada Affidavit of Heirship Form UP-40

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Nevada Small Estate Affidavit (Form UP-45)NNA Certified Notary Signing Agent 2025 badge for Lake Mead Mobile Notary

Yes, a Nevada Affidavit of Heirship must be notarized. This sworn statement, which identifies the heirs of a deceased person, is only legally valid if signed by the affiant (the person making the statement) and a disinterested witness in the presence of a Notary Public.

Lake Mead Mobile Notary provides expert mobile notarization for Affidavits of Heirship across Las Vegas, Henderson, and all of Clark County. Starting at $65.

The Clark County Recorder's Office will reject an Affidavit of Heirship for recording if it lacks proper notarization, which can halt the process of transferring property titles.

What is a Nevada Affidavit of Heirship?

A Nevada Affidavit of Heirship is a legal document used to establish the rightful heirs of a deceased person (the "decedent") when they die without a will (intestate). It is essentially a formal statement that identifies the decedent's family history—spouse, children, parents, siblings—to create a clear record of who is entitled to inherit the decedent's property under Nevada's laws of succession.

This affidavit is often used to:

  • Clear the title to real estate (a house or land).
  • Provide proof of heirship to banks or financial institutions.
  • Claim ownership of vehicles or other titled property.
  • Establish heirs for the purpose of collecting unclaimed property.

The affidavit must be signed by an "affiant"—a person who knew the decedent but has no financial interest in the estate—and typically requires at least one additional disinterested witness. Both signatures must be notarized.

đź“„ Download Affidavit of Heirship Form (UP-40)

Nevada State Treasurer / General Use Form

Download the standard Affidavit of Heirship form. The affiant will need to fill out the decedent's family history completely and accurately. Do not sign until you and the witness are with the notary.

âš  The affiant and witness(es) CANNOT be heirs to the estate. They must be disinterested parties. Both must bring valid ID to the notary appointment.
Download Heirship Affidavit Form

âś“ When to Use an Affidavit of Heirship

This affidavit is typically used when a person dies without a will and the primary goal is to transfer title to property, especially real estate. It serves as evidence of heirship for title companies and county recorders. It does not replace a formal probate process but can sometimes be used as a simpler alternative for clearing title.

🗓️ Book a Notary for Your Heirship Affidavit

We can meet the affiant and witness(es) at a home, office, or attorney's office to complete the notarization.

Book online or call (702) 748-7444 for a same-day appointment.

Step-by-Step Heirship Affidavit Notarization

Complete the Affidavit

The affiant fills out the form with all details about the decedent's death, marital history, and family members (spouse, children, parents, siblings). Accuracy is critical. Do not sign yet.

Identify a Disinterested Witness

Find at least one witness who knew the decedent but will not inherit anything from the estate. This person will also need to sign the affidavit.

Gather Valid IDs

Both the affiant and the witness(es) must have a valid, unexpired, government-issued photo ID (like a driver's license or passport).

Schedule a Mobile Notary Appointment

Arrange for our mobile notary to meet with the affiant and the witness at the same time and location. Everyone who is signing must be present.

Sign in the Notary's Presence

The notary will verify the identities of the affiant and witness, administer an oath or affirmation to them, and then witness them sign the affidavit.

Notary Completes Jurat and Seals Document

The notary will complete the notarial certificate (jurat) for each signature, sign the document, and affix their official notary seal.

Record the Affidavit (If for Real Estate)

If the affidavit is for real property, the original, notarized document should be recorded with the Clark County Recorder's Office to officially establish the chain of title.

Related Estate Notary Services

đź“„ Small Estate Affidavit

For collecting personal property (not real estate) from smaller estates to avoid formal probate.

📜 Living Trust & Will Notarization

Notarization for core estate planning documents that help avoid the need for heirship affidavits in the future.

🏠 Quitclaim Deed Notarization

Often used in conjunction with an Affidavit of Heirship to formally transfer real estate title between heirs.

🏡 Real Estate Closing Notarization

Comprehensive notary services for all documents related to the sale or transfer of inherited property.

đź’Ľ Power of Attorney Notarization

Notarize a Power of Attorney if one heir needs to act on behalf of another during the estate settlement process.

âš– General Affidavit Services

We can notarize any custom-drafted affidavit required by title companies, courts, or financial institutions.

Establish Clear Heirship for Your Family's Estate

Schedule a professional mobile notary to ensure your Affidavit of Heirship is executed correctly.

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