An affidavit of heirship is a legal document that is used to establish a person’s right to inherit property from a decedent who died without a will and whose property is held by the Nevada State Treasurer’s Office as unclaimed property or has escheated to the state because no living heir could be identified. While an affidavit of heirship establishes who is entitled to inherit, it’s often used alongside an affidavit of entitlement to actually transfer that property to the rightful heirs.
The affidavit identifies the family history and establishes an accurate record of the persons entitled to inherit property from the decedent under Nevada laws of succession.
Why a Decedent’s Property Ends Up in State Hands
Nevada can become involved with a decedent’s property either as a caretaker or as an owner. Nevada law typically requires any person or business that holds property for another person to relinquish abandoned or unclaimed property after 3 years. The state doesn’t take ownership of unclaimed property, but holds it for safekeeping until a rightful owner comes forward.
Types of unclaimed property that may end up in state custody include:
- Bank accounts
- Stocks
- Insurance proceeds
- Retirement accounts
If a person dies without a will and a court determines that no living relatives are available, Nevada has the right to claim ownership of the decedent’s real and personal property for educational purposes. After property escheats to the state, a rightful heir has 6 years to file a petition in the district court of Carson City to recover the property or the value of the property.
How an Affidavit of Heirship is Used to Claim a Decedent’s Property
An affidavit of heirship is one of the documents necessary to file a claim with the Nevada State Treasurer for unclaimed property belonging to a decedent when the decedent’s estate qualifies as a small estate, the decedent had no will or trust, and no court proceedings are pending.
Qualifying small estate values differ depending on the claimant’s relationship to the decedent. If the claimant is a surviving spouse, the decedent’s estate must be under $150,000. For all other claimants, the value of the decedent’s estate cannot exceed $25,000.
An affidavit of heirship will also be required to prove the heirship of persons petitioning the court to recover property claimed by the state from a decedent’s estate.
Are an Affidavit of Heirship and an Affidavit of Entitlement the Same Thing?
An affidavit of heirship and an affidavit of entitlement (or small estate affidavit) are not the same document and do not possess the same legal authority. While both documents establish inheritance rights, the affidavit of heirship is insufficient to transfer property and must be accompanied by an affidavit of entitlement when claiming property held by the state.
An affidavit of entitlement is the document that authorizes the property’s holder to transfer it to the recipients identified in the affidavit as having the right to receive it. For the heirs of a qualifying small estate, an affidavit of entitlement can be used to transfer personal property, including bank accounts, investments, and vehicles.
An affidavit of entitlement can be used to settle small estates, whether a decedent died with or without a valid will, provided that 40 days have passed since the date of death, all debts have been settled, and no probate has been filed.
Where to Get Help When a Loved One Dies without a Will in Nevada
Losing a loved one is never easy, and when someone dies without a will, it can be hard to know where to start. Unfortunately, there is a lot of confusing information out there, which further compounds an already difficult situation.
At Simplifying Probate®, our goal is to help families navigate the aftermath of their loss simply and efficiently, no matter the situation. For the support you need and the experience you can trust, schedule a free consultation with a probate lawyer at Simplifying Probate.