Nevada Code § 146.080

Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets
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1. If a decedent leaves no real property,
nor interest therein, nor mortgage or lien thereon, in this State, and the
gross value of the decedents property in this State, over and above any
amounts due to the decedent for services in the Armed Forces of the United
States and the value of any motor vehicles registered to the decedent, does not
exceed the applicable amount, a person who has a right to succeed to the property
of the decedent pursuant to the laws of succession for a decedent who died
intestate or pursuant to the valid will of a decedent who died testate, on
behalf of all persons entitled to succeed to the property claimed, or the
Director of the Nevada Health Authority or, as applicable, the public
administrator or a person employed or contracted with pursuant to NRS 253.125 , on behalf of the State or
others entitled to the property, may, 40 days after the death of the decedent,
without procuring letters of administration or awaiting the probate of the
will, collect any money due the decedent, receive the property of the decedent,
and have any evidences of interest, indebtedness or right transferred to the
claimant upon furnishing the person, representative, corporation, officer or
body owing the money, having custody of the property or acting as registrar or
transfer agent of the evidences of interest, indebtedness or right, with an
affidavit showing the right of the affiant or affiants to receive the money or
property or to have the evidence transferred.
2. An affidavit made pursuant to this
section must state:
(a) The affiants name and address, and that the
affiant is entitled by law to succeed to the property claimed;
(b) The date and place of death of the decedent;
(c) That the gross value of the decedents
property in this State, except amounts due the decedent for services in the
Armed Forces of the United States or the value of any motor vehicles registered
to the decedent, does not exceed the applicable amount, and that the property
does not include any real property nor interest therein, nor mortgage or lien
thereon;
(d) That 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;
(e) That no petition for the appointment of a
personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including
funeral and burial expenses, and money owed to the Nevada Health Authority as a
result of the payment of benefits for Medicaid, have been paid or provided for;
(g) A description of the personal property and
the portion claimed;
(h) That the affiant has given written notice, by
personal service or by certified mail, identifying the affiants claim and
describing the property claimed, to every person whose right to succeed to the
decedents 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;
(i) That the affiant is personally entitled, or
the Nevada Health Authority is entitled, to full payment or delivery of the
property claimed or is entitled to payment or delivery on behalf of and with
the written authority of all other successors who have an interest in the
property;
(j) That the affiant has no knowledge of any
existing claims for personal injury or tort damages against the decedent; and
(k) That the affiant acknowledges an
understanding that filing a false affidavit constitutes a felony in this State.
3. If the affiant:
(a) Submits an affidavit which does not meet the
requirements of subsection 2 or which contains statements which are not
entirely true, any money or property the affiant receives is subject to all
debts of the decedent.
(b) Fails to give notice to other successors as
required by subsection 2, any money or property the affiant receives is held by
the affiant in trust for all other successors who have an interest in the
property.
4. A person who receives an affidavit
containing the information required by subsection 2 is entitled to rely upon
that information, and if the person relies in good faith, the person is immune
from civil liability for actions based on that reliance.
5. Upon receiving proof of the death of
the decedent and an affidavit containing the information required by this
section:
(a) A transfer agent of any security shall change
the registered ownership of the security claimed from the decedent to the
person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue
certificates of title, ownership or registration to personal property shall
issue a new certificate of title, ownership or registration to the person
claiming to succeed to ownership of the property. The governmental agency may
not refuse to accept an affidavit containing the information required by this
section, regardless of the form of the affidavit.
6. If any property of the estate not
exceeding the applicable amount 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 this State, any
person qualified pursuant to the provisions of subsection 1 to have the stocks
or bonds or other property transferred may do so by obtaining a court order
directing the transfer. The person desiring the transfer must file a petition,
which may be ex parte, containing:
(a) A specific description of all the property of
the decedent.
(b) A list of all the liens and mortgages of
record at the date of the decedents death.
(c) An estimate of the value of the property of
the decedent.
(d) The names, ages of any minors and residences
of the decedents heirs and devisees.
(e) A request for the court to issue an order
directing the transfer of the stocks or bonds or other property if the court
finds the gross value of the estate does not exceed the applicable amount.
(f) An attached copy of the executed affidavit
made pursuant to subsection 2.
If the court
finds that the gross value of the estate does not exceed the applicable amount
and the person requesting the transfer is entitled to it, the court may enter
an order directing the transfer.
7. As used in this section, applicable
amount means:
(a) If the claimant is the surviving spouse of
the decedent, $150,000.
(b) For any other claimant, $25,000.

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