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NRS 146.080 · checked 2026-10-20
Nevada small estate affidavit limit
In Nevada the affidavit for transfer of assets without administration is available when the gross value of the decedent's property in Nevada, not counting motor vehicles registered to the decedent or amounts owed for Armed Forces service is $25,000 or less ($150,000 for a surviving spouse who takes everything), and it can be used 40 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $25,000
- 2Waiting period 40 days
- 3Filed with Asset holder
- 4Statute NRS 146.080
What NRS 146.080 says
The operative words of the statute, as read on 2026-10-20:
“40 days after the death of the decedent”
That test is applied to the gross value of the decedent's property in Nevada, not counting motor vehicles registered to the decedent or amounts owed for Armed Forces service. The decedent must leave no real property in Nevada. A surviving spouse may use the affidavit up to $150,000; any other claimant up to $25,000. Separately, NRS 146.070 lets the court set aside an estate of up to $150,000 without administration.
Source: NRS 146.080. Last checked 2026-10-20.
Worked examples against the $25,000 limit
| Estate value | Result under NRS 146.080 |
|---|---|
| $15,000 | Within the limit |
| $25,000 | Within the limit |
| $26,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — gross value of the decedent's property in Nevada, not counting motor vehicles registered to the decedent or amounts owed for Armed Forces service — not everything the person owned. Nevada's figure is $37,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 45th from the top, level with Massachusetts.
When the route opens
The statute requires 40 days to pass after the death. For a death on January 15, 2026, the earliest date is February 24, 2026. 3 of the 31 jurisdictions with a written wait make people wait longer and 24 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 90 days counted from first publication of the notice to creditors (NRS 147.040(1)). The Nevada probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. Opening full administration for an estate of $26,000 would cost $72 under NRS 19.013(1) — see probate court fees in Nevada.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the affidavit for transfer of assets without administration and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Mountain jurisdictions
Arizona: $200,000 after 30 days; Colorado: $88,000 after 10 days; Idaho: $100,000 after 30 days; Montana: $100,000 after 30 days; New Mexico: $50,000 after 30 days; Utah: $100,000 after 30 days; Wyoming: $400,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Nevada probate court or its self-help center before filing.