Nevada Revised Statutes 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 create…
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:
Terms Used In Nevada Revised Statutes 111.365
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Conveyance: shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered. See Nevada Revised Statutes 111.010
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(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.