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Nevada Small Estate Affidavit | Form UP-45

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The Nevada small estate affidavit, may be used to obtain the decedents property held by third parties without having to go through complicated and extended probate proceedings. There are some requirements, however, before this method of settling an estate may be used. First, the amount of the probate estate owned by decedent cannot exceed $20,000. In addition, at least 40 days must have passed since the death of the decedent and no personal representative has been appointed. Once the form is properly filled out, it may be presented to a third party holding decedent’s property (such as a bank), and the third-party is obligated to turn over the property to the person who has signed the affidavit.

Laws – NRS 146.080

Maximum – $20,000

Affidavit of Heirship (Form UP-40) – Required to be filed with the small estate if the decedent did not leave a will.

How to Write

Step 1 – Enter in the name of the state and county in which you sign the document.

Step 2 – In Section 2, write in the name of the decedent, the date of death and place of death.

Step 3 – In Section 7, describe property owned by decedent and the share you are entitled to. If there are other successors, write their names and the amount they are entitled to as well.

Step 4 – In Section 11, check the box that describes the circumstances of probate.

Step 5 – Sign and date in front of a notary public.

Step 6 – This affidavit can be used to obtain property from third parties owned by deceased at the time of his or her death.


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