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Transfer on death deed in Nevada

Yes. Nevada lets an owner name who gets real estate at death with a deed upon death (NRS 111.655 to 111.699, in effect since October 1, 2011). Sign it before a notary, and record it before the owner's death. After the death, the beneficiary uses: Death of Grantor Affidavit (NRS 111.699), with a declaration of value (NRS 375.060) and a copy of the death certificate. Last checked .

Nevada at a glance

TOD deed for real estate
Yes
Name in Nevada law
Deed upon death
Law
NRS 111.655 to 111.699
Notary
Required
Witnesses
None
When to record
Before the death
Where to record
County recorder of the county where the property is located
After-death document
Death of Grantor Affidavit (NRS 111.699), with a declaration of value (NRS 375.060) and a copy of the death certificate
Notice to heirs
Not required
Official form
Yes

Your checklist

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Steps to make it valid in Nevada

  • Sign: notary, no witnesses.
  • Record it at the County recorder of the county where the property is located before the owner's death.

A checklist from the state's verified rules, not legal advice. Medicaid, co-owners, a mortgage or a dispute can change what you should do; the county recorder, a legal aid office or a lawyer can help.

Making a valid TOD deed in Nevada

  • What the law does. An owner can record a deed upon death that conveys Nevada real property to one or more beneficiaries effective at the owner's death.
  • Signing. The owner signs before a notary; the statutory form (NRS 111.695) includes a notary jurat/acknowledgment. No witnesses are required. Capacity is the same as to make a will. For joint tenancy or community property with survivorship, the deed takes effect at the last owner's death if all owners convey; otherwise only if the signer is the last survivor.
  • Recording. The deed is valid only if executed and recorded with the county recorder before the owner's death (or the last surviving owner's death). There is no fixed number of days after signing. If more than one deed upon death is recorded, the last one recorded before death controls.
  • Payment, delivery, acceptance. Effective without notice, delivery, or acceptance by the beneficiary, and without consideration.
  • Form. Statutory forms in NRS 111.695 (deed upon death), 111.697 (revocation), and 111.699 (Death of Grantor Affidavit).

Changing it, and who you can name

  • Revoking or changing. Revoke any time with a revocation (statutory form) signed before a notary and recorded with the county recorder before the owner's death; a later recorded deed upon death also replaces earlier ones. Transferring the property during life voids the deed. It cannot be revoked by an act on the deed. The statute names no revocation by will.
  • Beneficiaries. Any person, including individuals, trusts, and entities. Multiple beneficiaries may take as joint tenants with survivorship, tenants in common, community property, or other recognized tenancy, and a beneficiary can take as sole and separate property. The NV sections do not state a lapse rule.

After the owner dies

  • Document. Death of Grantor Affidavit (NRS 111.699), with a declaration of value (NRS 375.060) and a copy of the death certificate
  • Where. County recorder where the deed upon death was recorded
  • Steps. After the last grantor dies, record a Death of Grantor Affidavit (statutory form) with the declaration of value and death certificate attached. Beneficiaries must also publish a notice to creditors and mail it to the personal representative (if known), the Nevada Health Authority, and known creditors. Creditors must file claims with the beneficiaries within 90 days after mailing or first publication, or they are barred.

Debts, Medicaid and the spouse

  • Creditors and Medicaid. If the probate estate cannot pay allowed claims or statutory allowances to a spouse or child, the estate can enforce them against the property, apportioned among TOD properties by net value. The Nevada Health Authority must say within 45 days of notice whether the owner got public assistance; if notice is not given, the property stays subject to Medicaid recovery and a lien. Rejected claimants must sue within 30 days after notice of rejection. The law does not limit Medicaid recovery.
  • Surviving spouse. If the probate estate cannot pay a statutory allowance to a surviving spouse or child, the estate can enforce it against the deed-upon-death property. For property held as joint tenants or community property with right of survivorship, the deed takes effect at the last owner's death if all owners convey; otherwise only if the signer is the last surviving owner. These sections do not address an elective share.

Good to know in Nevada

  • Beneficiaries take subject to liens existing at the owner's death (NRS 111.691).
  • A beneficiary may disclaim by recording a disclaimer under NRS chapter 120.
  • A good-faith buyer for value from the beneficiary is protected once a Death of Grantor Affidavit is recorded (NRS 111.689(9)).
  • Before 2011-10-01 deeds upon death were governed by former NRS 111.109, repealed by SB 88 (2011); the current sections apply to grantors dying on or after 2011-10-01.
  • During the owner's life, a deed upon death does not affect the owner's or the beneficiary's eligibility for any form of public assistance (NRS 111.685(5)).

Official pages

Sources

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.

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