How to Get an Affidavit of Entitlement in Nevada

Affidavit of Entitlement is a legal document that allows very small estates to obtain and distribute the assets of a decedent without having to go to probate court. This article will explain everything you need to know about an affidavit of entitlement.

Affidavit of Entitlement: What Is it?

A small estate affidavit is a sworn declaration that permits someone, the affiant, to collect and distribute the assets of a deceased person without going through the entire probate procedure. It is a sworn statement that proves a person’s right to something. This could be a piece of the decedent’s property, an inheritance, or some other type of asset.

In some states, small estate affidavits are also called voluntary administration, affidavits in place of administration, or even affidavits for collection of personal property.

Affidavit of Entitlement What Is it

When an Affidavit of Entitlement Can Be Used

Affidavits of entitlement are only available to the decedent’s proper legal heirs. They can be determined by a will or laws of intestacy.

Affidavits of entitlement can only be used for estates with less than $25,000 of total assets and without real property such as homes or land or interests in real property like timeshares. A decedent’s surviving spouse who does not own real property and whose estates are less than $100,000 can also benefit from this simplified estate administration.

An affidavit of entitlement is typically required when an individual or organization seeks to establish their right to some property or benefit. To prove their entitlement, the person or organization must provide evidence to support their claim.

When an Affidavit of Entitlement Can Be Used

Process for Filing an Affidavit of Entitlement

To obtain the affidavit of entitlement, the following steps must be completed:

Notify Other Claimants of Your Claim

  1. Nevada law requires you to notify all possible claimants of your intention to claim from the estate. It is possible to obtain personal property even if another person has a superior claim, as long as the superior claimant has been notified and has not acted.
  2. To claim property over someone with a higher priority, the person with the higher priority must have received notification at least fourteen (14) days prior. If no superior claimant objects, then the affiant may proceed.

Wait at Least 40 Days Before Filing

  1. Getting an affidavit of entitlement requires that a 40-day wait period be observed, even though an affiant can begin the process immediately in certain circumstances. It is crucial that the affiant verifies that the estate’s value is small enough to qualify, gathers all evidence of their claim, and ensures that no one has applied to the probate court for a personal representative to be appointed during this period.

Fill Out the Form in the Presence of a Notary Public

  1. A valid affidavit must be filled and signed in the presence of a notary public. In the event of an intestate decedent, the affiant must also complete  Form UP-40, the Affidavit of Heirship, in the presence of a notary public.

Present the affidavit of entitlement and collect the property:

  1. Once the affidavit has been notarized, it must be presented to the administrative body in charge of the asset. The decedent’s death certificate should also be attached. A death certificate can be obtained from the Office of Vital Records.
  2. If your claim is approved, you’ll receive an official document stating that you are entitled to the asset. This document can be used as proof of your entitlement if necessary.

Getting an affidavit of entitlement is usually a fairly simple process. However, it can sometimes be complicated if there is a dispute over the asset. In that case, you might need to hire a trust attorney to help you navigate the process.


Where Do I File a Small Estate Affidavit


You can obtain a small estate affidavit from the county clerk’s office or have an estate planning lawyer draft one. It is simply a written legal document. After it is notarized, you will file it with the probate court in the county where the decedent resided.

How an Affidavit of Entitlement Can Help You Avoid Probate

If a loved one passes away unexpectedly, you might be wondering if there is anything you can do to avoid probate. The legal procedure known as probate, which is used to settle an estate, may be very costly and time-consuming.

According to state law, the beneficiaries don’t need to appear in probate court to get their inheritance, except in specific circumstances. Instead, they’ll write and sign a short affidavit (sworn declaration) stating that they have the legal right to use the process and to inherit a specific piece of property.

The person or organization holding the asset, such as a bank or broker, is then given the affidavit to take physical possession of it.

While this process may sound simple enough, there are a few things to remember. First, an affidavit of entitlement is only valid for a limited time after the death of the person who owned the property. And second, not all assets are eligible for this type of transfer.

Thus, entitlement affidavits are possible if you’re seeking a strategy to avoid probate. However, it’s essential to fully understand the process and the limitations before you make any decisions.


Do You Need Help With an Affidavit of Entitlement?


Getting help with your affidavit of entitlement doesn’t have to be complicated. If you need answers and guidance about the process or need help drafting your affidavit, we can help. Our team of experienced probate lawyers can guide you through the process and help you avoid any pitfalls along the way.

Contact the Wood Law Group today for a free consultation. We’ll review your case and help you determine the best course of action.