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.

(NRS 139.040.)

Note! If you are the surviving spouse and the decedent's estate is less than $100,000.00 but includes real property, then you should use the "set aside" process.

Read the questions below. If you can answer "yes" to all the following questions, this might be the process for you:

• Are you the surviving spouse of the decedent?
• Have at least 40 days passed since the death?
• Did the decedent die leaving no real property (land, homes, time shares) or mortgages behind? (Remember, if the decedent did have property, but that property passed by law upon death, as in via a joint tenancy with a right of survivorship--see "What is part of the probate estate?" under Intro to Probate--that property is not considered part of the probate estate, and so the decedent did die leaving no real property.)
• Do you know all of the decedent's assets?
• Does the entire value of the decedent's property, not including motor vehicles registered to the decedent, total less than $100,000.00?
• Is it true that there is no petition for the appointment of a personal representative pending or granted?
• Is it true that you have no knowledge of any existing personal injury claims or tort damages against the decedent?
• Do you acknowledge and understand that filing a false affidavit constitutes a felony in Nevada?

If the answers to all the above questions are "yes," then follow these four steps below for the Affidavit of Entitlement.

Step 1: Collect information.
Step 2: Complete the Affidavit of Entitlement.
Step 3: Attach the death certificate to the Affidavit of Entitlement.
Step 4: Present Affidavit of Entitlement.

Each of the four steps is discussed in more detail below.

Step 1: Collect information.

Gather information about the decedent's property. If there is a vehicle, gather information about the vehicle's year, make, model and VIN (vehicle identification number). If the property is a bank account, gather the account number, the type of account it is, and the name of the bank where the account is located. Collect as many details about the property so that you can describe each piece of property very clearly.

Step 2: Complete the Affidavit of Entitlement.

An Affidavit of Entitlement is available free of charge at the Civil Law Self-Help Center. You can also download the Affidavit of Entitlement on your computer by clicking one of the listed formats underneath the form's title below.

AFFIDAVIT OF ENTITLEMENT
PDF fillable

You can also download a form completion guide to show you how to fill out the form by clicking on the link below:
GUIDE

Complete the Affidavit of Entitlement carefully, providing all requested information in all blanks. Remember, you will want to be very specific about the property that the agency has to turn over.

You will have to get the Affidavit of Entitlement notarized, so do not sign the Affidavit of Entitlement until you are in the presence of a notary.

Step 3: Attach the death certificate to the Affidavit of Entitlement.

Once the Affidavit of Entitlement is completed and notarized, attach a copy of the decedent's death certificate to it.

Step 4: Present Affidavit of Entitlement.

When all the steps have been completed, you can turn over the Affidavit of Entitlement to the agency who is holding the property. The agency should honor it, and the registered ownership should change to you. Any governmental agency required to issue certificates of title, ownership or registration to personal property should issue a new certificate of title, ownership, or registration to you. (NRS 146.080(5).)