Administration of Estates
For estates less than $100,000, there are two options for the administration of the estate: (1) the Affidavit of Entitlement By Spouse and (2) the Set Aside Without Administration.
If you are the surviving spouse of the decedent, and the decedent died without any real property (homes or land), and the decedent's estate is less than $100,000.00 in value, then you can use the Affidavit of Entitlement By Spouse.
If the decedent's estate is less than $100,000.00 (whether there is real estate or not), then you can use a process called the "Set Aside" (whether or not you are the surviving spouse or not). There are two types of "set asides"; one where the decedent died with a will (testate), and one where the decedent died without a will (intestate).
Affidavit of Entitlement By Spouse for Estates Less Than $100,000
Nevada law allows a simplified process for surviving spouses of decedents whose estates do not include real property (homes or land) and are less than $100,000.00 (not including the value of vehicles). (NRS 146.080.) This Affidavit of Entitlement process requires an Affidavit of Entitlement to be filled out by the surviving spouse and signed in front of a notary at least 40 days after the decedent's death.
Petitions to Set Aside Estate Without Administration For Estates Less Than $100,000
Nevada law allows a process called the "set aside" for estates that are less than $100,000.00 in value (the sum of the decedent's assets minus his/her liabilities). (NRS 146.070.) The "set aside" process can begin 30 days after the decedent's death and requires mailed notice to the decedent's heirs, devisees, and creditors. The "set aside" process does require a court hearing, but generally requires fewer hearings than the probate administration processes of larger estates.
