Affidavits of Entitlement apply only to probate estates that do not exceed Twenty thousand dollars. Probate estates containing real property in Nevada can not utilize this Affidavit to transfer estate real property to an heir or beneficiary. In addition, the Decedent must have died at least forty days prior to utilizing this Affidavit to transfer personal property to the beneficiary(ies). A certificate of death, which your probate lawyer can obtain for you, must accompany the Affidavit. If the estate assets are located in Nevada, the Decedent does not have to be a resident here at the time of his or her death. A probate attorney in Las Vegas would be able to assist an interested party with this aspect of probate. Wills and trusts are generally not issues.
Under certain circumstances, the beneficiary or interested party will have to file an ex parte petition with the Probate Court and receive an Order directing a transfer of property. Examples are assets located in a state that requires an Order to transfer, stocks or bonds that must be transferred by a transfer agent outside Nevada, and checks representing life insurance proceeds that are made out to “The Estate of . . .”. A probate lawyer would be able to assist with preparing and filing this motion in our Las Vegas probate court.
