Detailed Answer
This article explains when real property passes automatically at death and when you must probate a will under Nevada law. It is for educational purposes only and does not constitute legal advice.
1. Transfer on Death Deed (Deed Upon Death)
Nevada law allows property owners to use a Transfer on Death (TOD) deed to pass real estate outside probate. Under NRS 111.785 et seq., the owner names a beneficiary who gains title upon the owner’s death without court involvement. To be valid, the TOD deed must be recorded before death and meet statutory formalities under NRS 111.788.
2. Joint Tenancy and Community Property
Property held as joint tenants with right of survivorship or community property with right of survivorship passes automatically to the surviving owner. No probate is necessary for these interests.
3. Probate of Wills
If no TOD deed or survivorship ownership exists, real property passes according to the deceased’s will through the probate process. To probate a will, an interested person must file it within four years after death under NRS 133.040. Probate provides a court-supervised procedure to prove the will, appoint a personal representative, pay debts, and transfer title to heirs or devisees.
4. Why Probate Matters
Probate ensures clear title. Title companies and county recorders typically require a probate order or letter of administration to record conveyances. Probate also resolves creditor claims and distributes assets under court oversight.
Helpful Hints
- Review recorded documents: check for TOD deeds or survivorship instruments at the County Recorder’s office.
- Confirm ownership type on the deed: sole, joint tenancy, or community property with right of survivorship.
- Record any TOD deed before the owner’s death to avoid probate.
- Initiate probate promptly; deadlines apply under NRS 133.040.
- Consider consulting an attorney for complex estates or disputes.