Overview

This FAQ explains whether you must list assets that passed to your mother by right of survivorship on a Nevada probate inventory. It covers how survivorship property, joint accounts, and beneficiary-designated assets are treated under Nevada law, practical steps to take, and common pitfalls. This is educational only—not legal advice. Consult a Nevada attorney for decisions about a specific estate.

Short answer

Generally no. Property that passes automatically by right of survivorship—such as true joint tenancy with right of survivorship, payable‑on‑death (POD) or transfer‑on‑death (TOD) accounts, and some jointly titled real estate—passes outside probate and usually is not included in the probate inventory. However, there are important exceptions and practical reasons to identify or disclose those assets to the personal representative or the court.

Detailed answer — how Nevada treats survivorship and nonprobate assets

1) What “passes by right of survivorship” means

When an asset is held in joint tenancy with right of survivorship, or when an account has a POD/TOD beneficiary designation, the surviving joint owner or named beneficiary becomes owner automatically when the first owner dies. That transfer occurs by operation of law and generally bypasses probate.

2) Probate inventory rules (practical rule)

The probate inventory is a list of the decedent’s assets that are part of the probate estate. In Nevada, assets that pass outside probate are normally not part of the probate estate and thus are not required to be included in the inventory prepared for the court. That includes most joint tenancy property and accounts with TOD/POD designations.

3) When you still might need to disclose survivorship assets

• Unclear title language: If account or deed wording is ambiguous (e.g., “John and Mary” without specifying how title is held), the court may need clarification.
• Potential creditor or tax issues: Creditors or the personal representative may investigate transfers made shortly before death. If a survivorship designation was created in a way that looks like a gift to avoid debts or defraud creditors, the transfer can be attacked.
• Estate accounting or reconciliation: Some probate forms or administration procedures ask you to report nonprobate transfers so the court can determine estate solvency and creditor notice requirements.
• Claims and reimbursement: If the decedent’s funds were used to pay for joint asset improvements or if estate funds were commingled, the probate estate may have claims against the nonprobate recipient.

4) Examples

• Bank account titled “Jane (decedent) and Mom (with right of survivorship)” — When Jane dies, Mom becomes sole owner automatically. That account ordinarily is not listed as an asset of Jane’s probate estate.
• Deed titled “John and Sarah, joint tenants with right of survivorship” — Real property held this way typically passes to the survivor without probate and is not part of the probate inventory.
• Account with a named POD beneficiary — The account transfers to the beneficiary outside probate and is usually not included in the probate inventory.

5) When the court or a personal representative will want information

Even though survivorship assets pass outside probate, you should still gather documentation (titles, account statements, beneficiary designations, and the death certificate). If the personal representative or the court asks for a list of nonprobate transfers, provide it. If there’s any dispute about how property was titled or whether a transfer was a fraudulent attempt to avoid creditors, bring that to an attorney’s attention immediately.

Relevant Nevada resources

Official Nevada statutes and probate resources (for further reading):

• Nevada Revised Statutes (NRS) — main statutes index: https://www.leg.state.nv.us/NRS/
• Nevada Courts — probate information and self‑help resources: https://nvcourts.gov/Self_Help/Probate/

Note: Specific statute citations can depend on the particular issue (joint ownership, community property, fraudulent transfers, probate inventory requirements). A Nevada attorney can point to the precise NRS sections that apply to your situation.

Practical steps — what you should do now

1. Locate title documents and account agreements. Look for wording such as “joint tenants with right of survivorship,” “POD,” or “TOD.”
2. Obtain certified copies of the death certificate.
3. Talk to the personal representative (if one is appointed) or the attorney handling the estate. Ask whether the court expects disclosure of nonprobate assets.
4. Do not move or liquidate assets until you understand how title works and whether any court approvals are required.
5. If someone claims an asset was retitled as a sham to defeat creditors, consult an attorney immediately. These situations can become contested.

Common pitfalls to avoid

• Assuming joint title always means the survivor automatically owns everything free of claim—creditors or estate beneficiaries can sometimes challenge transfers.
• Failing to document sources of funds for jointly held property—commingling can create reimbursement claims against the nonprobate recipient.
• Transferring or spending assets before confirming legal ownership or probate obligations—this can create personal liability.

Helpful Hints

• Keep originals or certified copies of deeds, account beneficiary forms, and the death certificate in one place.
• If wording on a title or account is ambiguous, save statements and ask the bank or county recorder for their definition in writing.
• When in doubt, disclose. Telling the personal representative and the court about nonprobate assets avoids surprises later.
• Get legal advice if there was a recent retitling, a potential motive to avoid creditors, or if large assets are involved.
• Use Nevada Courts self‑help materials to understand basic probate steps before spending on attorney time: https://nvcourts.gov/Self_Help/Probate/

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and outcomes depend on specific facts. Consult a licensed Nevada attorney to address your particular situation.