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Nevada Unclaimed Property Form Guide
Nevada Form UP-45 is a Small Estate Affidavit used within the Nevada Unclaimed Property claim process. It supports a claim for money or personal property held for a deceased owner when the claimant is proceeding without estate administration under the conditions stated in Nevada's small-estate affidavit law.
UP-45 is not a universal probate-avoidance form and does not transfer real estate. For a claimant who is not the surviving spouse, current Nevada law keeps the applicable limit at $25,000 and requires that the decedent left no Nevada real property, interest in real property, mortgage, or lien. The surviving-spouse route now has a different statutory limit and is handled through the separate spouse form and agency instructions.
The affidavit says the signer is “first duly sworn” and makes the statements “upon oath,” so the intended notarial act is a jurat. The affiant must personally appear, take an oath or affirmation, and sign in the notary's presence. Because the printed notary area does not contain a complete Nevada jurat certificate, compliant certificate wording should be attached or completed as directed by Nevada Unclaimed Property.
Official State Treasurer Form
The existing download is an official two-page Small Estate Affidavit published by the Nevada State Treasurer. Its purpose is narrower than the general Nevada affidavit authorized by NRS 146.080 because this version is supplied for an Unclaimed Property claim.
UP-45 contains a Claim Number field and should be completed as part of an existing deceased-owner claim. Search for the property and follow the claim-specific checklist before notarization.
The agency identifies the form as UP-45. It is separate from UP-40, the Affidavit of Heirship, and UP-43, the Release by Heir.
The document metadata dates to 2010 and 2016, and the form itself warns that the law may have changed. Use current NRS 146.080 and current agency instructions rather than relying only on the printed note.
UP-45 is submitted with a State Treasurer claim. It is not recorded with the Clark County Recorder and does not replace a probate petition when court administration is required.
Small-Estate Conditions
The claimant is responsible for determining that the affidavit route is legally available. Nevada Unclaimed Property determines whether the claim package is sufficient for payment.
Current NRS 146.080 requires that the decedent left no Nevada real property, interest in real property, mortgage, or lien. UP-45 cannot be used to transfer or collect real estate.
For a claimant who is not the surviving spouse, current law sets the applicable amount at $25,000. The calculation concerns the decedent's qualifying property in Nevada—not only the amount held by the Unclaimed Property Division.
Current law excludes the value of motor vehicles registered to the decedent, together with specified military-service amounts, when calculating the applicable affidavit limit.
The claimant must wait at least 40 days after the death and attach the certified death-certificate copy required by the affidavit and claim instructions.
Current NRS 146.080 requires that no petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
Current law sets a $150,000 amount for a surviving spouse, while Nevada Unclaimed Property uses a separate surviving-spouse small estate affidavit. Do not substitute UP-45 when the agency directs the spouse form.
Sworn Statements
Review every statement before taking the oath. The notary may not choose the answers, calculate the estate, identify successors, or decide whether the legal conditions have been satisfied.
The affiant states that they have a legal right to succeed to the decedent's property, whether through intestate succession or a valid will.
The form requests the decedent's full name, date and place of death, the qualifying estate value, and confirmation that no prohibited real-property interest exists.
The affiant states that at least 40 days have elapsed and that a certified copy of the death certificate is attached.
The affidavit states that funeral and burial expenses, other debts, and Medicaid-related amounts owed to the responsible state health authority have been paid or provided for.
The affiant describes all known property and the portion claimed. When less than the entire property is claimed, the form directs the affiant to identify the other claimants and their shares.
The affiant states that written notice describing the claim and property was personally served or sent by certified mail to every successor with an equal or superior right and that at least 14 days have elapsed.
The affiant states that they are personally entitled to the property or have written authority from every other successor whose interest is being claimed.
Current NRS 146.080 also requires the affiant to state that they have no knowledge of an existing personal-injury or tort-damages claim against the decedent. This statement is not printed on the older UP-45 PDF, so confirm the current agency procedure.
Affiant and Successors
The official form contains one affiant signature. Current deceased- owner instructions may require each heir or beneficiary to provide a separate notarized Small Estate Affidavit unless the agency accepts a joint claim or release arrangement.
The person asserting the right to receive the property completes and signs the sworn affidavit.
The form has one signature line. Other heirs may submit separate affidavits, separate claims, joint claim documents, or releases according to the agency's current instructions.
When no probate is required, current agency instructions may ask beneficiaries named in a valid will to submit notarized Small Estate Affidavits with the will and other claim documents.
When the decedent left no will, Nevada Unclaimed Property may require the UP-40 Affidavit of Heirship to document the family line in addition to each required UP-45.
The form requires written authority from other interested successors. Current agency instructions also identify UP-43 Release by Heir when other heirs waive their interests to one claimant.
Nevada Unclaimed Property determines whether the claimant, beneficiaries, heirs, executor, administrator, trustee, or surviving spouse must proceed and how payment will be divided.
Sworn Execution
UP-45 begins with the affiant “being first duly sworn” and making the statements “upon oath.” The notary must administer an oath or affirmation and witness the affiant's signature.
The affiant must personally appear before the notary. A relative, attorney, courier, estate professional, or other claimant cannot appear for an absent signer.
The affiant must swear or affirm that the statements in the affidavit are true.
Leave the affiant signature blank until the oath or affirmation is administered and the notary witnesses the signing.
Lake Mead Mobile Notary requires acceptable original, current physical identification for an in-person appointment. Photos, screenshots, scans, and photocopies are not accepted.
The printed notary area contains only signature and commission- expiration lines. It does not provide a complete Nevada jurat certificate, so a compliant certificate may need to be attached.
The notary does not verify estate value, notice, debt payment, will validity, successor rights, written authority, probate status, or entitlement to the unclaimed property.
Supporting Claim Documents
Follow the checklist generated for the specific claim. The agency may request additional evidence after reviewing the property, estate, claimant, and family relationships.
The current instructions require the claimant or authorized estate representative to sign the claim form and provide government identification and Social Security or estate-tax identification evidence.
The deceased-owner claim requires a copy of a certified death certificate and may require separate proof of the reported owner's Social Security number.
Address records, account records, contracts, statements, checks, or other evidence may be needed to connect the deceased owner to the reporting company or property.
Birth certificates, marriage records, death certificates, a will, trust, probate order, and other records may be requested to show the claimant's authority or succession path.
The UP-45 form and current agency instructions identify the Affidavit of Heirship when no will, trust, or controlling court proceeding establishes the family line.
When one person claims on behalf of others, the agency may require written authority, notarized heir releases, identification, or separate claims and payments.
Appointment Preparation
Book after the claim is open, the correct claimant route is known, the substantive statements are complete, and the supporting documents have been identified.
Select this when one affiant will sign one completed UP-45 and no other document requires notarization.
Select this when the same appointment includes two to four separate documents requiring notarization, such as UP-45, UP-40, the claim form, or an heir release.
Confirm the estate value, property description, shares, notice, debt status, will, probate status, written authority, and supporting records before the appointment.
Do not sign until the notary administers the oath or affirmation and witnesses the jurat signature.
Call or text (702) 748-7444 before booking when several heirs will sign separate affidavits, multiple releases are involved, or more than four documents require notarization.
Contact Nevada Unclaimed Property or legal counsel first when the estate may exceed the limit, real property exists, probate is pending, the claimant is the surviving spouse, notice was not given, heirs disagree, or the correct claimant or form is uncertain.
After Notarization
The affidavit supports an existing claim. Follow the current portal and claim-specific instructions rather than filing the form with a court or county recorder.
Confirm that both pages, the claim number, attachments, affiant signature, jurat certificate, notary signature, and seal are complete and legible.
Preserve UP-45, the certificate attachment, death certificate, authority documents, relationship records, notices, and the full claim package.
NVUP.gov currently provides Claim Document Upload for an existing claim. Use the current portal and retain the upload confirmation.
Office addresses and delivery procedures can change. Confirm the current mailing, appointment, or drop-off instructions before sending original or sensitive documents.
The Division may request clarification, a corrected affidavit, current statutory language, additional relationship evidence, probate documents, creditor information, or separate heir releases.
Common Questions
It is used within a Nevada Unclaimed Property deceased-owner claim when the claimant is proceeding through the small-estate affidavit route.
For a claimant who is not the surviving spouse, current NRS 146.080 sets the applicable amount at $25,000. The surviving spouse has a separate $150,000 statutory amount and agency form.
No. The calculation concerns the decedent's qualifying property in Nevada, not merely the property held by the Unclaimed Property Division.
No. The affidavit route requires that the decedent left no Nevada real property, interest in real property, mortgage, or lien.
At least 40 days must have elapsed after the decedent's death.
No. The form has one affiant signature. The agency may require separate UP-45 forms, separate claims, joint-payment documents, or UP-43 releases for multiple heirs or beneficiaries.
It is a jurat because the affiant is first duly sworn and makes the statements upon oath. The signer must take an oath or affirmation and sign in the notary's presence.
The printed notary area lacks a complete Nevada jurat certificate. A compliant certificate supplies the required notarial wording, date, signer identification, signature, and seal.
It may be required when the decedent left no will and the agency needs the family line documented through the Affidavit of Heirship.
No. Nevada Unclaimed Property determines claimant authority, compliance, entitlement, additional-document requirements, and payment.
Choose Mobile Notary – 1 Document when one affiant will sign one completed UP-45. Choose the two-to-four-document appointment when additional claim documents also require notarization.
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