Nevada Affidavit of Entitlement 2026 | Small Estate Without Probate

Her brother died without a will. He had a checking account with about $18,000 in it and a used truck registered in his name. No real estate. No investments. Just those two things. She was his only surviving sibling and the closest thing he had to next of kin. She assumed she'd need to go through probate — file a petition, wait months, pay court fees, the whole process. A friend told her to look into whether Nevada had a simpler option for small estates. It does. It's called the Affidavit of Entitlement, and most people have never heard of it.

What the Affidavit of Entitlement Is

Nevada's Affidavit of Entitlement is a simplified procedure that allows certain successors to collect a deceased person's assets without going through formal probate. It is authorized under Nevada Revised Statutes 146.080. The procedure is available when the gross value of all property subject to disposition — meaning everything that would otherwise go through probate — does not exceed $25,000.

Assets that pass outside of probate regardless — life insurance with a named beneficiary, retirement accounts, jointly held property with right of survivorship, bank accounts with a payable-on-death designation — are not counted toward the $25,000 threshold.

Who Can Use It and When

The affidavit can be used by a successor — a person entitled to the deceased's property under Nevada's intestate succession laws (if there was no will) or under the terms of a valid will. The affidavit may be presented to banks, credit unions, the DMV, and other institutions holding the deceased's property. Under Nevada law, those institutions are required to release the assets to the successor upon receipt of a valid affidavit without requiring a court order.

There is a waiting period: the affidavit cannot be used until at least 40 days after the date of death. This gives creditors and other interested parties time to come forward before assets are distributed.

What the Affidavit Must Include

The affidavit must be notarized and must state: the affiant's relationship to the deceased and basis for entitlement; a description of the property being claimed; the total gross value of all property subject to disposition; a statement that no probate proceeding is pending or has been filed in Nevada; and that the affiant is entitled to the property. The Nevada Courts self-help system provides the official form used in Clark County.

The affidavit must be signed in front of a notary public. Presenting an unnotarized affidavit to a bank or the DMV will result in rejection — and the 40-day waiting period doesn't restart.

Where Signature on Demand Helps

Signature on Demand prepares Affidavit of Entitlement documents for Clark County residents. We handle the intake remotely, prepare the affidavit to Nevada's statutory requirements, and coordinate notarization — Remote Online Notary or mobile notary at your home or office. If the estate exceeds $25,000 or involves real property, we can also prepare the petition for formal probate. We serve clients throughout Clark County, 7 days a week including evenings.

📞 Not sure whether you need probate or can use an affidavit? Call or text 725-243-5188 or visit signatureondemand.net — we'll walk you through what's required.

Signature on Demand is a licensed document preparation service. Nevada Document Preparer License #NVDP20239116529. We are not attorneys and do not provide legal advice. For legal counsel, please consult a licensed Nevada attorney.