Nevada Property Rights and Transactions

Sec. § 111.365
Recording affidavit of death of joint tenant or spouse holding community property with right of survivorship creates disputable presumption title vested in survivor; recording affidavit of death of life tenant creates disputable presumption title vested in owner of remainder interest; county recorder to send information contained in affidavits monthly to Department of Health and Human Services.


1.

In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situated an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which is accompanied by a certified copy of the death certificate of each deceased joint tenant or deceased spouse and sets forth the following:

(a)

The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;

(b)

A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;

(c)

A description of the property subject to the joint tenancy or right of survivorship; and

(d)

The date and place of death of each deceased joint tenant or the deceased spouse.

2.

In the case of real property owned by a person as a life tenant, with the ownership of the real property passing to the owner of the remainder interest upon the death of the life tenant, it is presumed that all title or interest in and to that real property of the life tenant has terminated, and vested solely in the owner of the remainder interest, if there has been recorded in the office of the recorder of the county or counties in which the real property is situated, an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which is accompanied by a certified copy of the death certificate of the deceased life tenant and which sets forth the following:

(a)

The relationship of the affiant to each deceased life tenant;

(b)

A description of the instrument or conveyance by which the life estate was created;

(c)

A description of the property subject to the life estate; and

(d)

The date and place of death of each deceased life tenant.

3.

Each month, a county recorder shall send all the information contained in each affidavit received by the county recorder pursuant to subsection 1 or 2 during the immediately preceding month to the Department of Health and Human Services in any format and by any medium approved by the Department.
Source

Last accessed
Feb. 3, 2020