Nevada Affidavit of Death of Joint Tenant, Life Tenant or Grantor

Introduction

Key Things to Know

1. 1

   Recording is what triggers the legal effect on the NRS 111.365 branch, and the effect is an evidentiary presumption rather than a conveyance. The statute says it is presumed that all title or interest of the deceased joint tenant or spouse has terminated and vested solely in the survivor, if an affidavit has been recorded. The heading calls that presumption disputable. So the affidavit is not a formality here, and it is also not conclusive proof against someone who contests it.

2. 2

   Pick the subsection before you draft. NRS 111.365(1) covers two or more persons holding as joint tenants, and a spouse who held community property with right of survivorship. NRS 111.365(2) covers a life tenant whose death passes ownership to the owner of the remainder interest. NRS 111.699 covers a beneficiary under a deed upon death, which is Nevada's name for a transfer on death deed under the Uniform Real Property Transfer on Death Act at NRS 111.655 to 111.699.

3. 3

   Only the deed upon death branch has a form, and it is printed in the statute itself rather than published by an agency. NRS 111.699 says the Death of Grantor Affidavit must be in substantially the following form and then sets out the whole thing: the decedent named in the attached certified copy of the Certificate of Death, the deed by recording date, document or file number, book and page, the county, the common address, a Legal Description block, the beneficiaries, a capitalized social security number affirmation, a jurat, an acknowledgment and NOTARY SEAL.

4. 4

   On the NRS 111.365 branch there is no form, only four required contents, and they are short. The family relationship, if any, of the affiant to each person who died. A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created. A description of the property subject to it. And the date and place of death. Note the words if any in the first item: the relationship line is informational, because the affiant's standing comes from the recorded deed rather than from kinship.

5. 5

   NRS 111.312 is the rule that gets affidavits rejected at the counter, and it names an affidavit of death expressly. The recorder shall not record one unless it contains the mailing address of the grantee, or of the person requesting the recording if there is no grantee, and the assessor's parcel number of the property at the top left corner of the first page. The number must match the county assessor's current numbering system, and the statute adds that the recorder is not required to verify it is correct.

6. 6

   The deed upon death branch carries a creditor process that the affidavit alone does not discharge. Under NRS 111.689 the beneficiaries must publish a notice to creditors and mail a copy to the grantor's personal representative if known, to the Nevada Health Authority, and to known or readily ascertainable creditors. Claims not filed within 90 days of mailing or of first publication are forever barred. The Authority then has 45 days to say whether the grantor received public assistance and, if not, to provide an original waiver of claim.

7. 7

   Expect roughly 32 to 43 dollars, built up rather than quoted. NRS 247.305 sets 25 dollars for recording a document, lets a county recorder add a fee not to exceed 5 dollars, requires an additional 7 dollars, and lets a board of county commissioners impose by ordinance a fee of not more than 6 dollars. Where your county lands in that range is set locally. The declaration of value records free under NRS 375.060, and NRS 375.090 exempts both underlying transfers from the real property transfer tax.

Nevada Requirements for Affidavit of Death

• The Date and Place of Death of Each Person Who Died

  The fourth item on both NRS 111.365 lists, and the only one that is purely about the death. Subsection 1 asks for the date and place of death of each deceased joint tenant or the deceased spouse; subsection 2 asks for the date and place of death of each deceased life tenant. Place, not just date, so name the city and county. Where two joint tenants died in sequence, the statute is drafted for that, referring to each of one or more deceased joint tenants.

• A Certified Copy of the Death Certificate, Attached

  On the NRS 111.365 branch the presumption arises only where the affidavit is accompanied by a certified copy of the death certificate of each deceased joint tenant, deceased spouse or deceased life tenant. A photocopy is not what the statute asks for. On the NRS 111.699 branch the statute is internally inconsistent: the operative sentence says a copy of the death certificate of each grantor must be attached, while the form it prints refers to the attached certified copy of the Certificate of Death. Order certified copies and the question does not arise.

• A Description of the Instrument That Created the Interest

  NRS 111.365(1) requires a description of the instrument or conveyance by which the joint tenancy or right of survivorship was created, and subsection 2 requires a description of the instrument or conveyance by which the life estate was created. Identify it properly: the deed type, its date, its recording date, and its document number or book and page in the county records. Pull that deed first. Its exact words are what decide whether you are in subsection 1, subsection 2 or NRS 111.699, and therefore which affidavit you are writing.

• A Description of the Property Subject to the Interest

  The statute asks for a description of the property subject to the joint tenancy or right of survivorship, or subject to the life estate. Copy the legal description from the recorded instrument rather than from a tax bill, and add the street address. Nevada then layers a second property identifier on top through NRS 111.312: the assessor's parcel number, positioned at the top left corner of the first page.

• The Affiant's Family Relationship, If Any

  The first item on the NRS 111.365(1) list, worded as the family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse. Subsection 2 asks for the relationship of the affiant to each deceased life tenant. Read the words if any carefully, because they are what keep this from being a claim of inheritance: the affidavit may be subscribed and sworn to by any person who has knowledge of the facts required in the subsection, and the survivor's entitlement comes from the recorded deed, not from the relationship. State your relationship if you have one, state that you have none if you do not, and say how you know the facts.

• A Parcel Number at the Top Left of Page One, and a Mailing Address

  NRS 111.312 names an affidavit of death expressly and provides that the county recorder shall not record one unless it contains the mailing address of the grantee, or if there is no grantee the mailing address of the person requesting the recording, and the assessor's parcel number of the property at the top left corner of the first page where the assessor has assigned one. The number must comply with the county assessor's current system for numbering parcels. The recorder is not required to verify that it is correct, so check it against the assessor's record yourself. The only carve-out is for documents relating exclusively to the transfer of water rights.

• On a Deed Upon Death: the Statutory Form, a Declaration of Value, and Two Notarial Certificates

  NRS 111.699 contains the affidavit rather than describing it, saying the Death of Grantor Affidavit must be in substantially the following form, so copy it from the code. It asks for the decedent named in the attached Certificate of Death, the deed upon death by recording date, document or file number, book and page, the county whose records hold it, the common address, a separate Legal Description block, and the beneficiaries the deed lists. It carries a capitalized legend affirming that the document submitted for recording contains a social security number. It prescribes two notarial certificates, a jurat and then an acknowledgment, followed by NOTARY SEAL. A declaration of value on a Nevada Tax Commission form under NRS 375.060 and a death certificate for each grantor are attached, and it is recorded where the deed was recorded.

• On a Deed Upon Death: the Notice to Creditors and the Health Authority Waiver

  Recording the affidavit does not close out the estate's claims on this branch. NRS 111.689 requires the beneficiaries, after the grantor's death, to publish a notice in the manner NRS 155.020 specifies and mail a copy to the grantor's personal representative if known, to the Nevada Health Authority, and to known or readily ascertainable creditors. The statute prints the NOTICE TO CREDITORS wording and a 90-day window: a claim not filed within 90 days of the mailing, or of first publication, is forever barred. The Authority must answer in writing within 45 days whether the grantor received public assistance and, where he or she did not, provide an original waiver of claim. Without that notice the property stays subject to the Authority's recovery right. Reject a claim and you must notify the claimant within 10 days by registered or certified mail, after which they have 30 days to sue. Recording the affidavit is also what gives a later good faith purchaser the protection of a final distributee under subsection 9.