Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Nevada, determining whether a vehicle transfer must go through probate or passes outside the estate depends on how the decedent held title. Follow these steps:
- Review the Vehicle Title. Examine the DMV title record. Look for words like “joint tenants with right of survivorship,” “tenants in common,” or a single owner.
- Joint Tenancy. If the title names two or more people as joint tenants with right of survivorship, the surviving owner automatically succeeds to full ownership. The vehicle does not become part of the probate estate.
- Community Property with Right of Survivorship. Nevada allows spouses to hold community property with right of survivorship. Under NRS 123.075, when one spouse dies, the other spouse immediately owns the vehicle. No probate transfer is necessary. (See: https://www.leg.state.nv.us/NRS/NRS-123.html#NRS123Sec075)
- Sole Ownership or Tenants in Common. If the decedent held the vehicle alone or as tenants in common, it becomes estate property. The personal representative must transfer title through probate before a new owner can register it.
- Small Estate Affidavit for Personal Property. If the total value of the decedent’s personal property (excluding real estate) does not exceed $100,000, a small estate affidavit may apply under NRS 108.236. This process lets a successor collect tangible personal property—including vehicles—without full probate. (See: https://www.leg.state.nv.us/NRS/NRS-108.html#NRS108Sec236)
• The successor must file an affidavit and death certificate with the court.
• The DMV then issues a new title to the successor without formal probate letters. - Beneficiary Designation or Transfer on Death. Nevada does not currently offer a transfer-on-death title for motor vehicles. A decedent cannot designate a direct beneficiary on a vehicle title as with bank accounts or securities. Title transfers must follow joint ownership rules or probate/small estate procedures.
By confirming the type of ownership and using the appropriate statutory procedure, you can determine whether a transferred vehicle is estate property or passes directly to another party.
Helpful Hints
- Obtain a certified copy of the decedent’s death certificate before contacting the DMV or court.
- Check county recorder records if you suspect a community property agreement was filed.
- Consult the local probate clerk about small estate affidavits to confirm eligibility and required forms.
- Keep copies of all filings, including affidavits and court orders, for DMV submission.
- If ownership is unclear, consider a brief consultation with a Nevada probate attorney to avoid delays.