Clear Counsel Law Group

Affidavit of Entitlement

Affidavit of Entitlement in Nevada: Who Can Qualify, and How?

When a loved one passes away, probate can be daunting. In certain circumstances, however, you might be eligible for a simplified procedure called the Affidavit of Entitlement. This method bypasses the traditional probate process, making the asset transfer more straightforward.

The probate attorneys at Clear Counsel Law Group welcome your call to discuss your situation and whether or not an Affidavit of Entitlement is right for you. 

Attorney describes an Affidavit of Entitlement to his client

Nevada Affidavit of Entitlement Requirements

An Affidavit of Entitlement serves as a simpler alternative to formal probate in Nevada when settling modest estates. Nevada law permits this streamlined process for estates valued under $25,000, not counting vehicles or real estate. The Clear Counsel Law Group helps families determine if their situation qualifies for this efficient option.

For estates meeting these criteria, our Nevada probate attorneys can help you collect assets like bank accounts, stocks, and unpaid wages without going through full probate proceedings. The process requires waiting at least 40 days after your loved one’s passing, and cannot be used if probate has already started in any state. Different rules apply for transferring vehicles – we can direct you to the proper DMV procedures for those cases.

Typically, surviving spouses and direct descendants have first priority to use an Affidavit of Entitlement, though other relatives may qualify if no immediate family members exist. The estate lawyers at Clear Counsel Law Group carefully evaluate your family’s unique circumstances to confirm eligibility and guide you through each step of completing and filing the affidavit correctly.

How to Complete a Nevada Affidavit of Entitlement

The process of filing an Affidavit of Entitlement requires attention to detail and proper documentation. The experienced probate attorneys at Clear Counsel Law Group help Nevada families complete each step accurately. Here’s what you need to do:

Getting Started with Your Affidavit

Begin by obtaining the correct Affidavit of Entitlement form from the Civil Law Self-Help Center in Las Vegas. Each jurisdiction has specific requirements, so using the right form matters. Our legal team ensures you’re working with current, proper documentation if you need our help.

Required Information and Documents

Your affidavit must include:

  • The deceased person’s full name, date of death, and last address
  • Detailed description of the assets you’re claiming
  • Your relationship to the deceased
  • Confirmation that no probate proceedings have started
  • Statement of your legal right to the assets
  • Copy of the death certificate

Filing and Processing

After gathering all necessary information, you’ll need to:

  1. Complete the form with precise attention to detail
  2. Have the document notarized to certify its authenticity
  3. Submit the affidavit to the institution holding the assets (bank, employer, or investment firm)
  4. Maintain copies of all documents and correspondence

The team at Clear Counsel Law Group helps ensure your affidavit meets all legal requirements before submission. While waiting for the asset transfer, we recommend keeping detailed records of all related documents and communications. Our Nevada probate lawyers remain available to address questions throughout the process and help resolve any issues that arise.

Though filing an Affidavit of Entitlement offers a straightforward path to claiming assets, proper legal guidance helps avoid complications and delays. Contact Clear Counsel Law Group to ensure your affidavit filing proceeds smoothly and effectively.

 
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