Nevada Small Estate Affidavit (Form UP-45)
The Nevada Small Estate Affidavit (otherwise known as “Form UP-45”), is an official legal document that is used for transferring a passed-away individual’s estate to the rightful heir(s) (the “claimant”). To state it lightly, dealing with the loss of a loved one who has passed away is one of the most emotionally-draining events that can happen. Add in the tiresome probate process and it only gets worse; thankfully, an affidavit permits the claimant to receive the estate without any formal court process. However, the form can only be used so long the estates have a maximum value of $20,000 (or $50,000 for a surviving spouse). In order to execute the form, the claimant must swear under oath that a total of twelve (12) specific statements provided in the form are true.
In cases where the decedent failed to leave a will (he or she died “intestate”), they must complete the form, Affidavit of Heirship (Form UP-40), in addition to Nevada Small Estate Affidavit (Form UP-45). To be clear, this form should not be completed if:
- The decedent left a will that was probated in court.
- There had been some other type of court determination to the estate.
Laws & Required Conditions
Laws: NRS 146.080
Maximum Estate Value: Spouse of the Decedent: $100,000; Other claimants: $25,000
Required Conditions: Form UP-45 is only permitted for use if:
- A minimum of forty (40) days have passed since the decedent’s death.
- The deceased did not leave behind real property (including any interest or mortgage associated with a real property).
- The Affidavit states all of the statements provided by NRS 146.080(2).
- In cases where a security must be claimed by a transfer agent or certificates of title, ownership or registration to personal property must be issued by a government agency and these parties are presented with both proof of the death of the Decedent and a completed Affidavit.
- In cases where property of the estate is within the maximum estate value:
- It is located in a state which requires an order of a court for the transfer of the property. OR
- If the estate consists of stocks or bonds which must be transferred by an agent outside of Nevada, this may be done by filing a petition (in accordance with NRS 146.080(6)) to obtain a court order directing the transfer.