What is the Spousal Affidavit of Entitlement?
Under Nevada law (NRS 146.080), the Affidavit of Entitlement for a Surviving Spouse is a simplified legal tool that allows a widow or widower to collect their deceased spouse's personal property (assets other than real estate) when the total value does not exceed $100,000. It is a powerful way to bypass the time and expense of formal probate for modest estates.
This affidavit can be used to claim assets such as:
- Bank and credit union accounts held in the decedent's name alone.
- Final paychecks or other employment benefits.
- Vehicles (cars, trucks, motorcycles).
- Stocks, bonds, or investment accounts.
The surviving spouse must sign the affidavit under oath, affirming they are the sole and rightful heir, and this signature must be witnessed and certified by a Notary Public.
📄 Download Spousal Affidavit of Entitlement Form
For Spouses, Estates Not Exceeding $100,000
Download a general template for the Spousal Affidavit of Entitlement. You will need to describe the assets to be collected and affirm that you are the surviving spouse and sole heir. Do not sign until you are in the presence of a notary.
⚠ This form is for surviving spouses only. If there are other heirs (like children from a previous marriage) who may have a claim, consult an attorney.
Download Spousal Affidavit Form
✓ Key Eligibility Requirements
Surviving Spouse: You must be the legal surviving spouse of the decedent.
40-Day Waiting Period: At least 40 days must have passed since your spouse's death.
Value Limit: The total value of the estate subject to probate must not exceed $100,000.
No Real Estate: This affidavit cannot be used to transfer ownership of land or a house.
🗓️ Book a Discreet Mobile Notary
We provide sensitive, confidential mobile notary services at your home or a location of your choice.
Book online or call (702) 748-7444 for a same-day appointment.
.png)
.png){kind=small}
.png)