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Nevada Small Estate Affidavit | Form UP-45

A Nevada small estate affidavit is a legal document that can help people obtain property that once belonged to a deceased person without having to pass through the traditional and more time-consuming probate process. This option is only available for estates that do not contain real property, meaning land and fixtures or an interest in real property.
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How to File (4 steps)

1. Notify Other Claimants

Nevada’s small estate affidavit process allows someone with a claim to personal property, known as the affiant, to obtain it, even if another person has a superior claim, so long as the person with the superior claim has been notified and not acted. This situation is most likely to occur when the decedent dies intestate, meaning without a will, and the state’s intestate succession rules set up a priority chain. If an affiant intends to claim property over someone with a higher priority, at least 14 days must have passed since the person with superior priority received notification. If no one has superior priority objects, the affiant may proceed.

2. Wait Forty Days

At least 40 days must have passed since the date of the decedent’s death before the affidavit may be filled out. However, the affiant can begin the notification process immediately. During this time, the affiant should also verify that the estate’s total value is small enough to qualify. The affiant should also check with the probate court for the county where the decedent resided to ensure that no application for appointing a personal representative has been filed. To find the correct court, use the Nevada Court Locator.

3. Fill Out the Form

The affiant must fill out the affidavit in the presence of a notary public. If the decedent died intestate, the affiant must also fill out Form UP-40, an Affidavit of Heirship.

4. Collect the Property

The notarized affidavit may then be provided to the person or entity holding the property to which the affiant is entitled. When presenting the affidavit, the affiant should include a copy of the decedent’s death certificate. To obtain a death certificate, consult the Office of Vital Records.

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