Nevada Small-Estate Form Guide

Nevada Affidavit of Entitlement for a Surviving Spouse

Nevada's Affidavit of Entitlement allows a qualifying surviving spouse to request transfer of the decedent's personal property without first obtaining letters of administration or probating a will. Current Nevada law sets the surviving-spouse threshold at $150,000, not the older $100,000 amount shown in this record's name.

The process applies only when the decedent left no Nevada real property, interest in real property, mortgage, or lien, at least 40 days have passed, and no petition for a personal representative is pending or has been granted. The threshold calculation excludes qualifying Armed Forces amounts and the value of motor vehicles registered to the decedent.

The official affidavit is sworn and includes a jurat. The surviving spouse must personally appear, take an oath or affirmation, and sign in the notary's presence. Lake Mead Mobile Notary can identify the appearing affiant, administer the oath or affirmation, witness the signature, and complete the notarial certificate. We do not calculate the estate, determine succession rights, prepare legal answers, or guarantee that a bank, agency, transfer agent, or other holder will release the property.

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NRS 146.080 | Affidavit of Entitlement | Surviving Spouse $150,000 RouteNNA Certified Notary Signing Agent 2026 badge for Lake Mead Mobile Notary

Official Nevada Judiciary Source

Use the Current Affidavit of Entitlement Published by Nevada Self-Help

The current official form is titled “Affidavit of Entitlement for Estates Pursuant to NRS 146.080.” It is a single combined form with one checkbox for a surviving spouse and another for a non-spouse successor or beneficiary.

  • The existing direct download is official

    The record links to the current fillable PDF published by the State of Nevada Self-Help Center. The form was updated in 2025 to show the $150,000 surviving-spouse threshold.

  • The form is not titled “Under $100,000”

    The official title references NRS 146.080 rather than a fixed dollar amount. This helps the form remain usable when the Legislature changes the statutory threshold.

  • The surviving spouse selects the spouse checkbox

    The spouse route appears on the same form as the $25,000 non-spouse route. Select only the category that accurately describes the claimant.

  • The current template names Clark County

    The body of the current form states that the decedent left an estate in Clark County, Nevada. Confirm the correct local form or wording before using this template for property administered outside Clark County.

Statutory Conditions

Requirements for the Surviving-Spouse Affidavit Route

The claimant is responsible for determining that every statement is true before signing under oath.

  • The claimant is the surviving spouse

    The spouse selects the surviving-spouse checkbox and states a right to receive the property under NRS 146.080.

  • The qualifying estate does not exceed $150,000

    Current law sets the spouse threshold at $150,000 after excluding qualifying Armed Forces amounts and the value of motor vehicles registered to the decedent.

  • No Nevada real-property interest exists

    The decedent must have left no Nevada real property, interest in real property, mortgage, or lien. This affidavit cannot transfer a house, land, timeshare, or other Nevada real-estate interest.

  • At least 40 days have elapsed

    The affidavit cannot be used before the statutory waiting period. A certified copy of the death certificate must be attached.

  • No personal-representative petition is pending or granted

    The form requires a sworn statement that no petition for appointment of a personal representative is pending or has been granted in any jurisdiction.

  • Debts and required obligations are addressed

    The affiant states that the decedent's debts, including funeral and burial expenses and applicable Medicaid obligations, have been paid or provided for.

Personal Property

What Property May Be Listed in the Affidavit

Describe the personal property and the portion claimed with enough detail for the holder to identify the account, asset, or ownership record.

  • Bank and credit-union funds

    Identify the institution, account type, and sufficient account information without unnecessarily exposing sensitive numbers in public or unsecured copies.

  • Stocks, bonds, and other securities

    List the issuer, transfer agent, account, certificate, or other identifying information requested by the holder.

  • Insurance proceeds and final payments

    The form may be used for qualifying proceeds, payroll checks, or other money due to the decedent when the statutory conditions are satisfied.

  • Motor vehicles

    The value of vehicles registered to the decedent is excluded from the threshold calculation, but the vehicle may still need to be specifically described and transferred through the applicable title agency.

  • Property held by a named custodian

    Identify the person, representative, corporation, agency, or transfer agent that currently holds or controls the property.

  • No real estate

    The affidavit does not transfer Nevada land, homes, timeshares, mortgages, liens, or other real-property interests.

Succession and Authority

Notice and Written Authority May Be Required

The spouse route does not erase the interests of other successors. The affidavit includes statements addressing notice, competing priority, and authority to receive property for others.

  • Notice to equal or superior successors

    When required, the affiant must give written notice by personal service or certified mail to each person whose right to succeed is equal or superior.

  • The notice describes the claim and property

    The notice should identify the claimant's intended claim and the property to be collected or transferred.

  • At least 14 days must pass after notice

    The affidavit includes a sworn statement that at least 14 days have elapsed since required notice was served or mailed.

  • Written authority is required when claiming for others

    The spouse must be personally entitled to the full property or have written authority from every other successor whose interest is included in the claim.

  • A valid will can affect the claim

    NRS 146.080 permits a person entitled under a valid will to use the affidavit route when the other statutory conditions are met. The notary does not determine will validity or beneficiary shares.

  • Disputes should be resolved before signing

    Competing heirs, unclear community or separate property, conflicting beneficiary claims, or refusal to provide authority may require legal review or a court process.

Sworn Execution

The Affidavit of Entitlement Requires a Jurat

The form says the affiant is first duly sworn and concludes with “subscribed and sworn” wording. The spouse must sign after taking an oath or affirmation before the notary.

  • Personal appearance is required

    The surviving spouse must personally appear. A child, relative, attorney, courier, estate professional, or financial institution cannot appear for an absent affiant.

  • An oath or affirmation is required

    The affiant must swear or affirm that the statements in the affidavit are true.

  • The spouse signs during the appointment

    Leave the signature blank until the notary administers the oath or affirmation and witnesses the signing.

  • Identity must be established

    Lake Mead Mobile Notary requires acceptable original, current physical identification for an in-person appointment. Photos, screenshots, scans, and photocopies are not accepted.

  • The jurat certificate must be fully completed

    The notary completes the venue, notarial date, signature, seal, and all certificate information required for the sworn act. An attached Nevada jurat may be used when needed to provide complete and unambiguous certificate wording.

  • Notarization does not decide the estate facts

    The notary does not verify marriage, succession priority, estate value, debt payment, notice, written authority, will validity, or the holder's obligation to transfer property.

Appointment Preparation

Complete the Affidavit and Gather the Supporting Records

  • Current official affidavit

    Use the current fillable Affidavit of Entitlement and select the surviving-spouse checkbox.

  • Certified death-certificate copy

    The affidavit states that the certified copy is attached as evidence that at least 40 days have elapsed.

  • Decedent and county information

    Complete the decedent's full name, date and place of death, state of residence, and the estate county identified by the applicable form.

  • Complete property descriptions

    Identify each asset, the portion claimed, and the institution, transfer agent, agency, or other holder expected to transfer it.

  • Notice and written-authority records

    Bring certified-mail receipts, service evidence, written authority, will documents, or other records needed to support the sworn statements.

  • Original, current physical identification

    Bring an identification document acceptable to Lake Mead Mobile Notary. Digital copies are not accepted.

  • Leave the signature and jurat incomplete

    Complete the substantive information before the appointment but leave the affiant signature and notarial certificate for the notary session.

Booking Guidance

Choose the Appointment That Matches the Estate Documents

Book after the affidavit is complete except for the spouse's signature and the notarial certificate.

  • Mobile Notary – 1 Document

    Select this when one surviving spouse will sign one prepared Affidavit of Entitlement.

  • Mobile Notary – 2–4 Documents

    Select this when two to four separate estate, release, authority, or transfer documents also require notarization.

  • Several signers or a larger document set

    Call or text (702) 748-7444 before booking when other successors will sign separate documents, more than four documents require notarization, or special handling is needed.

  • Not ready to book

    Obtain legal or holder guidance first when real property exists, the estate may exceed the limit, probate is pending, another successor objects, notice or authority is incomplete, the asset is outside Nevada, or the institution requires a court order.

After Notarization

Present the Affidavit to the Person or Institution Holding the Property

This process ordinarily occurs outside court. The spouse presents the completed affidavit and death certificate to each holder or transfer authority responsible for the listed property.

  1. Check the completed jurat

    Confirm that the spouse's signature, venue, date, notary signature, seal, and any attached certificate are complete and legible.

  2. Attach the certified death-certificate copy

    Keep the affidavit and required death record together as directed by the form and receiving institution.

  3. Present the package to each property holder

    Banks, employers, insurers, transfer agents, and title agencies may have their own intake, identity, tax, medallion, title, or supporting-document requirements.

  4. Keep a secure copy and delivery record

    Preserve the executed affidavit, death certificate, authority documents, notices, and proof of delivery to each holder.

  5. Use the direct-transfer court process when necessary

    When a holder will not transfer qualifying property or an out-of-state transfer agent requires a court order, Nevada Self-Help provides a separate petition process for direct transfer of property.

Common Questions

Nevada Surviving-Spouse Affidavit of Entitlement Questions

Is the surviving-spouse limit still $100,000?

No. Current Nevada law and the current official form use a $150,000 threshold for a surviving spouse.

Does the form apply only to the surviving spouse?

No. The official form also contains a separate $25,000 checkbox for a non-spouse successor or beneficiary. This page focuses on the surviving-spouse route.

Must 40 days pass before signing?

Yes. At least 40 days must have elapsed after death, and the affidavit requires an attached certified death-certificate copy.

Can the decedent have owned a house or land in Nevada?

No. The affidavit route requires no Nevada real property, interest in real property, mortgage, or lien.

Are vehicles included in the $150,000 calculation?

The value of motor vehicles registered to the decedent is excluded from the statutory threshold, although a vehicle may still be one of the assets transferred.

Is the surviving spouse automatically entitled to every asset?

No. A valid will, property classification, other successors, beneficiary designations, trusts, creditors, and competing claims may affect entitlement.

Does the affidavit require a jurat or acknowledgment?

It requires a jurat. The spouse must take an oath or affirmation and sign in the notary's presence.

Can the spouse sign before the notary arrives?

No. The notary must witness the signature made for the jurat.

Does the affidavit transfer real estate?

No. It applies to qualifying personal property and cannot transfer Nevada real property or a real-property interest.

What happens when a holder refuses the affidavit?

Ask the holder what additional documentation is required. Nevada Self-Help also provides a separate direct-transfer petition when qualifying property requires a court order.

Which appointment should I choose?

Choose Mobile Notary – 1 Document when one spouse will sign one prepared affidavit. Choose the two-to-four-document appointment when additional separate documents also require notarization.