Nevada Revised Statutes 115.060 – Disposition in case of death
Except as otherwise provided in a premarital agreement between a married couple which is enforceable pursuant to chapter 123A of NRS:
Terms Used In Nevada Revised Statutes 115.060
- Decedent: A deceased person.
- Homestead: means the property consisting of:
(a) A quantity of land, together with the dwelling house thereon and its appurtenances;
(b) A mobile home whether or not the underlying land is owned by the claimant; or
(c) A unit, whether real or personal property, existing pursuant to chapter 116 or 117 of NRS, with any appurtenant limited common elements and its interest in the common elements of the common-interest community, to be selected by both spouses, or either of them, or a single person claiming the homestead. See Nevada Revised Statutes 115.005
- 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
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
1. If the property declared upon as a homestead is community property, the married couple shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of the survivor’s death.
(b) The property vests absolutely in the survivor.
2. If the property declared upon as a homestead is the separate property of either spouse, the married couple shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:
(a) If it is the separate property of the survivor, the exemption of the homestead continues.
(b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.
(c) The property belongs to the person, or his or her heirs, to whom it belonged when filed upon as a homestead.
3. If the property declared upon as a homestead is the property of a single person, upon the death of the single person:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the person at the time of his or her death and as to any subsequent debt or liability against a person who was living in his or her house at the time of his or her death, if that person continues to reside on the homestead property and is related to him or her by consanguinity or affinity, even if the person through whom the relation by affinity was created predeceased the declarant.
(b) The right of enjoyment of the property belongs to each person described in paragraph (a) until that person no longer qualifies under that paragraph.
4. If two or more persons who are not related by consanguinity or affinity have claimed as a homestead their respective undivided interests in a single parcel of land or a mobile home, upon the death of one the exemption of the entire property from execution continues as to any debt or liability of the decedent and the other declarants until the death of the last declarant to die, but only for the benefit of a declarant who continues to reside on or in the property.