Nevada Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Nevada a transfer on death deed is called a deed upon death. It is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (NRS 111.655 to 111.699).

2. 2

   During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (NRS 111.671).

3. 3

   The deed must be signed and acknowledged before a notary. Nevada does not require witnesses for a deed upon death.

4. 4

   The deed is valid only if it is executed and recorded with the county recorder of the county where the property is located before the death of the owner or the last surviving owner (NRS 111.681). Recording after death does not work.

5. 5

   Nevada provides a statutory form the deed must substantially follow (NRS 111.695). You can name multiple beneficiaries and choose how they hold title, such as joint tenants or tenants in common (NRS 111.673).

6. 6

   The deed is revocable at any time by recording a revocation before you die (NRS 111.697). It cannot be revoked by a revocatory act on the deed, and a later revocation must itself be recorded before death.

7. 7

   Your beneficiary inherits the property subject to any liens on it at your death (NRS 111.691). After you die, the beneficiary records a Death of Grantor Affidavit with a death certificate and a declaration of value to complete the transfer (NRS 111.699).

Nevada Requirements for Transfer on Death Deed

• Use the Nevada Deed Upon Death Form

  Nevada calls the instrument a deed upon death and requires it to be in substantially the statutory form in NRS 111.695. The deed conveys the interest to a beneficiary and becomes effective on the death of the owner (NRS 111.671).

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the assessor parcel number. A street address alone is not enough to record the deed with the county recorder.

• Name the Beneficiary and How They Hold Title

  The full legal name of the beneficiary who will receive the property at the death of the owner, and, if more than one, how they take title such as joint tenants or tenants in common (NRS 111.673). Naming a backup helps keep the property out of probate.

• Notarize the Signature

  The owner must sign the deed and have the signature acknowledged before a notary. Nevada does not require witnesses for a deed upon death. Without notarization the deed cannot be recorded and is not valid.

• Record Before Death With the County Recorder

  The deed is valid only if it is executed and recorded with the county recorder of the county where the property is located before the death of the owner or the last surviving owner (NRS 111.681). Nevada sets no fixed number of days, but record while the owner is alive.

• Revoke Only by Recording

  The deed is revocable at any time by recording a revocation with the county recorder before death, by recording a later deed upon death, or by transferring the property (NRS 111.697). A deed upon death cannot be revoked by a revocatory act on the deed itself.

• Property Passes Subject to Liens

  A beneficiary under a deed upon death inherits the property subject to any liens on it in existence on the date of the death of the grantor (NRS 111.691). The deed avoids probate for that property but does not erase a mortgage or other lien.

• Beneficiary Records a Death of Grantor Affidavit

  After the death of the last grantor, the beneficiary records a Death of Grantor Affidavit with the county recorder where the deed was recorded, together with a copy of each grantor death certificate and a declaration of value of the property (NRS 111.699).