Nevada Small Estate Affidavit (Form UP-45)

Dealing with the loss of a loved one who has passed away is incredibly emotionally-draining. In order to minimize the additional stress that comes with the process of settling their estate, a Nevada Small Estate Affidavit (Form UP-45) may be used for distributing estates of a maximum value of $20,000 (or $50,000 for a surviving spouse). In order to execute the form, the Affiant/Claimant (the individual bringing forward the Affidavit) must swear under oath that a total of twelve (12) specific statements provided in the form are true.

Additional Considerations

In cases where the Decedent failed to leave a will (i.e. he or she died intestate), they must complete the form, Affidavit of Heirship (Form UP-40), in addition to Nevada Small Estate Affidavit (Form UP-45). To be clear, this form should not be completed if:

  • The Decedent left a will that will was probated in court, or
  • There has been some other type of court determination to the estate.

Laws & Required Conditions

Laws: NRS 146.080

Maximum Estate Value: Spouse of the Decedent: $100,000; Other claimants: $25,000

Required Conditions: A Nevada Small Estate Affidavit (Form UP-45) is only permitted for use if:

  • A minimum of forty (40) days have passed since the decedent’s death.
  • The deceased did not leave behind real property (including any interest or mortgage associated with a real property),
  • The Affidavit states all of the statements provided by NRS 146.080(2),
  • In cases where a security must be claimed by a transfer agent or certificates of title, ownership or registration to personal property must be issued by a government agency, these parties are presented with both proof of the death of the Decedent and a completed Affidavit,
  • In cases where property of the estate within the maximum estate value:
    • Is located in a state which requires an order of a court for the transfer of the property, or
    • If the estate consists of stocks or bonds which must be transferred by an agent outside of Nevada, this may be done by filing a petition (in accordance with NRS 146.080(6)) to obtain a court order directing the transfer.