TN 15 (12-14)

GN 02315.066 Nevada Small Estates

A. Policy for Nevada statute

1. Applicability

Section 146.080(1) of the Nevada Revised Statutes, Nev. Rev. Stat. § 146.080(1) (2014), sets out a procedure by which, 40 days after the death of an individual with an estate of $20,000.00 or less, a person or a representative on behalf of a government entity may receive property of the decedent by means of an affidavit and without going through probate. Section 146.080 (1) provides:

“If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent's property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $20,000, a person who has a right to succeed to the property of the decedent (either pursuant to intestacy or pursuant to the valid will on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or public administrator on behalf of the State or others entitled to the property, may, without procuring letters of administration or awaiting the probate of the will and 40 days after the death of the decedent, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him or her upon furnishing an affidavit to the person, representative, corporation, officer or body owing the money, having custody of such property or acting as registrar or transfer agent of such evidences of interest, indebtedness or right.”

2. Affidavit for Nevada

Nev. Rev. Stat. § 146.080(2) (2014) requires that the affidavit must cover all of the following items:

  1. The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

  2. The date and place of death of the decedent;

  3. 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 $20,000, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

  4. At least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

  5. No petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

  6. 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. A description of the underpayment and the portion claimed;

  8. The affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing the underpayment claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

  9. The affiant is personally entitled, or the Department of Health and Human Services is entitled, to full payment of the underpayment claimed or is entitled to full payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; and

  10. The affiant understands that filing a false affidavit constitutes a felony in the State of Nevada.

The person(s) so swearing may, 40 days after the death of the decedent, without procuring letters of administration or awaiting probate of the will, collect any amount due the decedent.

B. Policy for Nevada good acquittance

Upon receipt of an affidavit that contains the information described listed above, SSA may rely on such information without inquiring as to the truthfulness of any matter contained therein. Accordingly, SSA receives good acquittance when an underpayment is paid in good faith to the person who has complied with the above requirements. Nev. Rev. Stat. § 146.080(4)


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202315066
GN 02315.066 - Nevada Small Estates - 12/19/2014