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Nevada Small Estate: Filing How-To

One path skips the courthouse with a sworn statement and a notice letter; the other means an actual petition and a hearing date.

NRS 146.070, 146.080

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: for the no-court affidavit, wait 40 days, notify other beneficiaries, then present the sworn affidavit to the asset holder. For the set-aside, file a petition and attend a hearing. Check which fits with the Nevada small estate checker.

The no-court affidavit: sworn statement plus notice

  1. Wait 40 days from the date of death.
  2. Confirm no real property is involved.
  3. Total the estate against the applicable $25,000 or $150,000 cap.
  4. Give 14 days' written notice to anyone with an equal or better claim.
  5. Sign the affidavit under oath and present it to the bank or asset holder.
Straight from the process: before you file the affidavit, you're required to give any other beneficiaries written notice of your claim and a description of the property you're trying to transfer to yourself.

The court set-aside: a real petition and hearing

The set-aside without administration under NRS 146.070 is a genuine court process — a petition, a hearing date set by the clerk, and notice to every inheritor, heir, and the Director of the Department of Health and Human Services, though it's still simpler than full probate and can reach real property.

A filing fee applies above $2,500

When filing the set-aside or summary administration petition, a filing fee applies unless the estate is under $2,500 — a small but real cost on top of the process itself.

Facing probate in Nevada?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Nevada attorney

Clark County (Las Vegas) and Washoe County (Reno) process the highest volume of these filings, but NRS 146's rules apply identically across every Nevada county.

How-to — frequently asked questions

What must the Nevada affidavit itself state?

That the estate meets the eligibility requirements, personal information about the inheritor and the decedent, and the inheritor's right to the property, signed under oath.

What notice is required before filing the affidavit?

Written notice of the claim, describing the property being transferred, must go to any other beneficiaries before the affidavit is filed or presented.

What does the court set-aside petition involve that the affidavit doesn't?

An actual petition filed with the court, a hearing date, and notice to every inheritor, heir, and the Director of the Department of Health and Human Services.

Is there a filing fee for the set-aside or summary administration petition?

Yes, unless the estate is under $2,500 — otherwise a filing fee applies when the petition is submitted to the court clerk.

How do I file a small estate affidavit in Nevada?

For the no-court affidavit, wait 40 days, notify other beneficiaries, then present the sworn affidavit to the asset holder. For the set-aside, file a petition and attend a hearing. Check which fits with the Nevada small estate checker.

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This page provides general guidance only and is not legal advice. Based on NRS 146.070, 146.080. Confirm current requirements with the District Court or a licensed Nevada attorney before acting.