Form UP-45 "Small Estate Affidavit" - Nevada

Nevada Small Estate Affidavit Form: What Is It?

After a Nevada Small Estate Affidavit Form has been completed, it gives an individual legal permission to claim an inherited small estate. Signing this document helps ensure that they have the legal power to become the new owner of the small estate. It is important to understand that this form can only be applied after the original owner of the small estate passes.

Alternate Name:

  • Form UP-45.

After you have formed your Nevada Small Estate Affidavit, the new owner of the small estate will be able to acquire the estate much quicker by avoiding the long probate procedure. It is important to know the legislation that surrounds this document because if not, there is always the risk that the form will not be recognized legally. These laws state that:

  • There is a specific time period which you must wait for after the death of the individual, before you can begin to file the Affidavit of Small Estate in Nevada. In Nevada, this has to be a minimum of forty days;
  • This affidavit takes into account property valued at no more than one hundred thousand dollars only if the applying individual is a spouse of the deceased. In all other cases the maximal limit is twenty-five thousand dollars. These values do not take into account outstanding salaries or vehicles;
  • The document must be notarized.

A fillable Nevada Small Estate Affidavit can be downloaded by clicking the link below.

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How to Get a Small Estate Affidavit in Nevada?

When the time is right to start filling in your Small Estate Affidavit in Nevada, you should be aware of the process which is made up of the steps outlined below:

  • First of all the individual wanting to obtain the property should make sure that all criteria have been complied with;
  • Before filing, you need to send a notice to other potential claimants of the small estate and wait at least two weeks;
  • After this, you must ensure forty days from the day of the death has passed and you may submit the necessary documents which must be filled in before a notary public;
  • If no will was formed, the individual must also fill in a Form UP-40;
  • Now the affidavit has the legal right to go and collect the property. The main documents required for this is the death certificate and formed (fully notarized).
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Download Form UP-45 "Small Estate Affidavit" - Nevada

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Claim # _______________________
SMALL ESTATE AFFIDAVIT
[Note: For use only where the total gross property of the entire estate (not
just the property held by Unclaimed Property Division) does not exceed
$25,000 and does not include real estate or an interest in real estate.
Disclaimer: This form is provided as a convenience only. The law may have
changed. Please consult NRS 146.080 and any other relevant statutes. If
you have questions, you must consult private counsel. The Division of
Unclaimed Property cannot give legal advice.]
STATE OF ______________)
COUNTY OF ______________)
I, _________________________________, being first duly sworn, upon oath says:
1.
That I am person who has a right to succeed to the property of the decedent.
2.
That the decedent, _____________________ (full name of decedent), died on
______________ (date of death), at __________________________ (place of
death, e.g., city, county and state).
3.
That the gross value of the decedent’s property in this State, except amounts
due the decedent for services in the Armed Forces of the United States, does
not exceed $25,000, and that the property does not include any real property
nor interest therein, nor mortgage or lien thereon;
4.
That at least 40 days have elapsed since the death of the decedent, as shown in
the certificate of death of the decedent, a certified copy of which is attached to
this affidavit;
5.
That no petition for the appointment of a personal representative is pending or
has been granted in any jurisdiction;
6.
That all debts of the decedent, including funeral and burial expenses, and
money owed to the Department of Health and Human Services as a result of
the payment of benefits for Medicaid, have been paid or provided for;
7.
That the decedent’s property consists of the following, and I am entitled to the
following share(s) of the property: (describe all of the known property of the
decedent, and for each item, state the share you claim. If you are claiming less
than a 100% share, list all other claimants and the share each claims)
Claim # _______________________
SMALL ESTATE AFFIDAVIT
[Note: For use only where the total gross property of the entire estate (not
just the property held by Unclaimed Property Division) does not exceed
$25,000 and does not include real estate or an interest in real estate.
Disclaimer: This form is provided as a convenience only. The law may have
changed. Please consult NRS 146.080 and any other relevant statutes. If
you have questions, you must consult private counsel. The Division of
Unclaimed Property cannot give legal advice.]
STATE OF ______________)
COUNTY OF ______________)
I, _________________________________, being first duly sworn, upon oath says:
1.
That I am person who has a right to succeed to the property of the decedent.
2.
That the decedent, _____________________ (full name of decedent), died on
______________ (date of death), at __________________________ (place of
death, e.g., city, county and state).
3.
That the gross value of the decedent’s property in this State, except amounts
due the decedent for services in the Armed Forces of the United States, does
not exceed $25,000, and that the property does not include any real property
nor interest therein, nor mortgage or lien thereon;
4.
That at least 40 days have elapsed since the death of the decedent, as shown in
the certificate of death of the decedent, a certified copy of which is attached to
this affidavit;
5.
That no petition for the appointment of a personal representative is pending or
has been granted in any jurisdiction;
6.
That all debts of the decedent, including funeral and burial expenses, and
money owed to the Department of Health and Human Services as a result of
the payment of benefits for Medicaid, have been paid or provided for;
7.
That the decedent’s property consists of the following, and I am entitled to the
following share(s) of the property: (describe all of the known property of the
decedent, and for each item, state the share you claim. If you are claiming less
than a 100% share, list all other claimants and the share each claims)
8.
That I have given written notice, by personal service or by certified mail,
identifying my claim and describing the property claimed, to every person
whose right to succeed to the decedent’s property is equal or superior to mine,
and that at least 14 days have elapsed since the notice was served or mailed;
9.
That I am personally entitled, or the Department of Health and Human
Services is entitled, to full payment or delivery of the property claimed or I
am entitled to payment or delivery on behalf of and with the written authority
of all other successors who have an interest in the property; and,
10.
That I acknowledge and understand that filing a false affidavit constitutes a
felony in this State.
11.
I further state that probate proceedings (check one):
____ Have taken place or are currently pending. Probate documents are
attached, including any letters testamentary or other letters or petitions for
issuance of letters
-or-
____ Have not taken place and are not currently pending.
12.
The affiant further states that the decedent did / did not (circle one) leave a
will. If the decedent did leave a will, a true and correct copy of the will is
attached hereto. (Note: If the decedent did not leave a will, Form UP-40,
Affidavit of Heirship, must also be completed.)
I declare under penalty of perjury under the law of the State of Nevada that the foregoing
is true and correct.
EXECUTED this ________ day of _____________, 20_____.
BY: ___________________________________
(Affiant)
Notary Signature: ______________________________
My Commission expires: _______________________________
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