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Nevada

Small-estate-affidavit threshold and procedure under § NRS § 146.080.

Verified 2026-05-04
Personal property
$25,000
statutory cap
40-day wait

Non-spouse heirs under NRS 146.080. Affidavit of Entitlement; presented to property holder.

Surviving spouse, sole heir
$100,000
spouse-tier cap
40-day wait

Surviving spouse path — post-2023 amendments may have raised to $150K; ATTORNEY MUST CONFIRM current spouse cap.

01

Who is eligible to file

Nevada's affidavit of entitlement is available to non-spouse heirs as well as the surviving spouse:

  • Surviving spouse — files under NRS § 146.080 with the spouse-tier cap
  • Adult children, parents, named executor — file under NRS § 146.080 (non-spouse cap)
  • An heir at law per Nevada's intestate-succession statute
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Non-spouse heirs under NRS 146.080. Affidavit of Entitlement; presented to property holder.

Personal property
Waiting period
State requires 40 days to elapse from date of death (personal-property path) before filing.
Surviving spouse, sole heir
Waiting period
State requires 40 days to elapse from date of death (spouse-tier path) before filing.
Real property
Excluded — personal property only

NRS 146.080 affidavit-of-entitlement EXCLUDES real property. Real property requires set-aside under NRS 146.070 (different procedure with $150K cap).

03

Where to file

File with the District Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Nevada judicial system operates an authoritative court locator.

Open the official Nevada court locator →

Note: in Nevada, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form
Statutes
§ NRS § 146.080
https://www.leg.state.nv.us/nrs/NRS-146.html#NRS146Sec080
affidavit of entitlement (personal property)
§ NRS § 146.070
https://www.leg.state.nv.us/nrs/NRS-146.html#NRS146Sec070
set-aside (can include real property)