Nevada Transfer-on-Death Deed

At a glance

How the deed works

Nevada allows an owner of real property to name a death beneficiary through what the statute calls a 'deed upon death,' Nevada's version of a transfer-on-death deed under the Uniform Real Property Transfer on Death Act, NRS 111.655 to 111.699. The owner (called the grantor) designates a beneficiary who receives title automatically at the grantor's death, avoiding probate, while the grantor keeps complete ownership and control during life.

The deed upon death must be signed and acknowledged by the record owner and must state that the transfer occurs on the grantor's death. To be effective it must be recorded, before the grantor's death, in the office of the county recorder for the county where the property sits. NRS 111.695 provides an optional statutory form. A deed upon death that is not recorded before death does not transfer the property.

The beneficiary has no interest during the grantor's life and need not be notified. After the last grantor dies, the beneficiary typically records a death-of-grantor affidavit with a certified death certificate and a declaration of value to complete the transfer. This is general information, not legal advice; confirm details with an attorney licensed in Nevada or the county recorder.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Nevada:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: Nev. Rev. Stat. §§ 111.655 to 111.699 NRS §§ 111.655–111.699 — Uniform Real Property Transfer on Death Act (statutory 'deed upon death') · adopted 2011.

Changing or revoking the deed

A deed upon death is revocable during the grantor's life regardless of any contrary statement in the deed. The grantor may revoke by recording a new deed upon death, by recording an instrument of revocation, or simply by transferring the property to someone else during life — a lifetime conveyance makes the deed upon death void under the statute.

Where a grantor records more than one deed upon death for the same property, the one recorded last before death is the effective deed. Destroying the paper copy of a recorded deed does not revoke it.

Mortgages, Medicaid & community property

Existing mortgages and liens

A deed upon death transfers the property subject to all existing encumbrances. The beneficiary takes title burdened by any mortgage, deed of trust, tax lien, or judgment lien of record; the deed neither clears these debts nor changes their priority, and the underlying obligation remains secured by the property.

Medicaid estate recovery

A deed upon death does not automatically protect the home from Medicaid estate recovery. Nevada Medicaid (administered through the Department of Health and Human Services, Division of Welfare and Supportive Services) may seek recovery from a deceased recipient's estate, and whether recovery reaches property passing by a deed upon death is a fact-specific question. Anyone relying on Medicaid long-term-care benefits should consult an attorney and confirm current estate-recovery rules with the state agency before depending on a deed upon death.

Community property

Nevada is a community-property state. Nevada is a community property state, so real estate acquired by a married couple during the marriage is generally community property. One spouse ordinarily cannot use a deed upon death to give away the other spouse's community interest; a deed upon death typically works best when it covers only the grantor's own interest, or when both spouses join. Couples also often hold title as community property with right of survivorship, which passes to the surviving spouse independently of a deed upon death.

State-specific quirks

Where to read next

• Nevada estate & inheritance tax — whether Nevada taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Nevada, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology