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.
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.