Nevada probate code · checked October 2026

Nevada Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Nevada's affidavit limit is $25,000 — applied to the estate after the assets that pass automatically are taken out, and $150,000 when the person claiming is the surviving spouse in the position the statute describes. The Nevada affidavit is barred if the person left ANY real property in Nevada. A house routes the family to the set-aside petition (NRS 146.070) — a court track that can include real property up to $150,000 — or to summary administration. The affidavit, where one exists, cannot be used until 40 days have passed since the death.

Run the free Nevada check

The Nevada line, in facts

The affidavit limit today: $25,000 — $150,000 for a spouse in the statute's position, judged by the law in force on the date of death.

The paper: Affidavit of Entitlement (NRS 146.080) - no statewide form number confirmed from a primary source.

How it moves: presented to whoever holds the property; no court case is opened.

The wait: 40 days after the death before the affidavit can be used.

For a surviving spouse: Surviving spouse claimant: $150,000 cap; any other claimant: $25,000. The statute calls this the 'applicable amount' (NRS 146.080(7) as amended by SB 404, § 10).

The tracks in Nevada

Track	Limit	How it works
Small-estate affidavit	$25,000 (spouse: $150,000)	Presented to whoever holds the property; no court case. Form: Affidavit of Entitlement (NRS 146.080) - no statewide form number confirmed from a primary source.
Summary Administration (NRS 145.040)	$500,000	Summary Administration (NRS 145.040) is Nevada's court track, raised to $500,000 on October 1, 2025. Between the affidavit and it sits the set-aside without administration (NRS 146.070), a petition track at $150,000 that can include the house.
Set aside without administration (NRS 146.070) - court petition track that can include real property	$150,000	The court track for a primary home.

What catches families in Nevada

Nevada changed three numbers on October 1, 2025 (SB 404): the SPOUSE affidavit cap rose to $150,000, the set-aside rose to $150,000, and summary administration rose to $500,000 — but the NON-spouse affidavit cap did not move. It is still $25,000, and charts applying $150,000 to everyone are wrong.
Motor vehicles registered to the deceased are excluded from the affidavit's gross-value count, and title agencies must retitle on the affidavit.
Before collecting, the claimant must give 14 days' written notice to every successor of equal or higher rank — and the affidavit must acknowledge that a false affidavit is a felony.

Vehicles in Nevada

Motor vehicles registered to the decedent are EXCLUDED from the gross-value count (NRS 146.080(2)(c) as amended by SB 404); title agencies must issue a new title on the affidavit.

Debts, and the signer's duty

The affidavit must state all debts, including funeral and burial expenses and money owed to the Nevada Health Authority for Medicaid benefits, have been paid or provided for.

Rules checked October 2026 · Sources: NRS 146.080; NRS 146.070; NRS 145.040; NRS 111.655-111.699 (deed upon death); 2025 Nev. SB 404 (Ch. 339), § 6-10. This page reads the published law; it is not legal advice, and the court is the final word.

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