Transfer on Death Deed TOD - Beneficiary Deed for Husband and Wife to Individual
Nevada Statutes
TITLE 10 PROPERTY RIGHTS AND TRANSACTIONS
CHAPTER 111 ESTATES IN PROPERTY; CONVEYANCING AND RECORDING
CONVEYANCINV; STATUTE OF FRAUDS
NRS 111.109 Conveyance by deed which becomes effective upon death of grantor. **Update Notice: This section has been amended by Chapter 258 of 2011
1. The owner of an interest in real property may create a deed that conveys his or her interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.
2. The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:
(a) Multiple grantees who will take title to the property upon the death of the owner as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this State.
(b) A grantee or multiple grantees who will take title to the property upon the death of the owner as the sole and separate property of the grantee or grantees without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of any grantee.
3. If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:
(a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or
(b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his or her interest in real property to the grantee is the last surviving owner.
4. If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his or her interest in the real property to another person during his or her lifetime, the deed created pursuant to subsection 1 is void.
5. If an owner of an interest in real property who creates a deed pursuant to subsection 1 executes and records more than one deed concerning the same real property, the deed that is last recorded before the death of the owner is the effective deed.
6. A deed created pursuant to subsection 1 is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the death of the last surviving owner. The deed must be in substantially the following form:
DEED
I (We) _________________________ (owner) hereby convey to
__________________________ (grantee), effective on my (our) death,
the following described real property:
(Legal Description)
THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. THIS DEED REVOKES ALL PRIOR DEEDS BY THE GRANTOR WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO
SUBSECTION 1 OF NRS 111.109 REGARDLESS OF WHETHER THE PRIOR DEEDS
FAILED TO CONVEY THE GRANTOR'S ENTIRE INTEREST IN THE SAME REAL
PROPERTY.
(Signature of Grantor)
7. A deed created pursuant to subsection 1 may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who created the deed. The revocation is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner who executes the revocation. If the property is held as joint tenants with right of survivorship or as community property with the right of survivorship and the revocation is not executed by all of the owners, the revocation does not become effective unless the revocation is executed and recorded by the last surviving owner. The revocation of deed must be in substantially the following form:
REVOCATION OF DEED
The undersigned hereby revokes the deed recorded on
__________________ (date), in docket or book
_____________________, at page __________, or instrument number
____________________, records of ___________________________
County, Nevada.
(Date)
(Signature)
8. Upon the death of the last grantor of a deed created pursuant to subsection 1, a declaration of value of real property pursuant to NRS 375.060 and a copy of the death certificate of each grantor must be attached to a Death of Grantor Affidavit and recorded in the office of the county recorder where the deed was recorded. The Death of Grantor Affidavit must be in substantially the following form:
DEATH OF GRANTOR AFFIDAVIT
____________________________________ (affiant name), being duly sworn, deposes and says that _______________________________ (name
of deceased), the decedent mentioned in the attached certified
copy of the Certificate of Death, is the same person as
____________________________________ (name of grantor), named as
the grantor or as one of the grantors in the deed recorded on
___________________ (date), in docket or book ________________________, at page __________, or instrument number ____________________, records of ____________________________ County, Nevada, covering the following described property:
(Legal Description)
____________________________________ (affiant name) is the grantee or at least one of the grantees to whom the real property is
conveyed upon the death of the grantor ________________________________ (name of deceased) or is the authorized representative of the grantee or at least one of the grantees.
(Date)
(Signature)
9. The provisions of this section must not be construed to limit the recovery of benefits paid for Medicaid.
(Added to NRS by 2003, 2507; A 2005, 960)
