NV · District Court
Nevada
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.
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
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
Surviving spouse, sole heir
Real property
NRS 146.080 affidavit-of-entitlement EXCLUDES real property. Real property requires set-aside under NRS 146.070 (different procedure with $150K cap).
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.
Form & statute
Form
- Affidavit of Entitlement
Statutes