Detailed Answer
Short answer: In Nevada, a joint survivorship deed (a deed that creates joint tenancy or community property with right of survivorship) usually transfers title automatically at death to the surviving co-owner(s). To show the transfer to third parties (title companies, the county recorder, the assessor, buyers, mortgagees), the usual process is to obtain certified death certificate(s), prepare and record a short affidavit (often called an Affidavit of Death of Joint Tenant or Affidavit of Survivorship) that references the recorded deed, and then update county records. If no joint survivor remains, the property generally must go through probate or other legal means to determine the new owner.
How this works under Nevada law (high level)
Nevada statutes govern conveyances and public recording practices (see NRS Chapter 111 for conveyances and NRS Chapter 247 for recording). Those statutes establish the legal framework for title transfers and what instruments the county recorder will accept for recording. For more detail on the statutes, see: NRS Chapter 111 (Conveyances and Instruments) and NRS Chapter 247 (County Recorder).
Step-by-step process to re-record or update title after co-owners die
- Identify the type of ownership language in the recorded deed. Look at the recorded deed’s wording. Common phrases that create survivorship are “joint tenants with right of survivorship,” “with rights of survivorship,” or “community property with right of survivorship.” If the deed does not use survivorship language, the property may be tenancy in common and will not pass automatically to other co-owners.
- Obtain certified copies of the death certificate(s). Get certified (not photocopy) death certificates for the deceased co-owner(s). Nevada’s Vital Records office can issue certified death certificates: Nevada Vital Records.
- Locate the recorded deed and note recording information. Find the deed’s recording book/page or instrument number and the legal description of the property. You will reference this information in any affidavit or new deed.
- Determine whether you can clear title by affidavit or must open probate. If the deed clearly created a right of survivorship and at least one survivor remains, many county recorders will accept an executed and notarized affidavit of survivorship (sometimes titled Affidavit of Death of Joint Tenant) plus a certified death certificate to record a transfer. If all joint owners died or the deed is ambiguous, you likely must open probate or use another court process to change title.
- Prepare the required document(s) for recording. Common options:
- An Affidavit of Death of Joint Tenant / Affidavit of Survivorship signed by the surviving owner(s), describing the recorded deed, the deceased co-owner(s), and attaching certified death certificate(s).
- A new deed from the surviving owner(s) to the same surviving owner(s) or to a new owner (if you want a fresh recordable document), signed and notarized and then recorded.
- If probate is required, the personal representative’s deed (after probate) or an order from the probate court will be the instrument used to transfer title.
- Record the affidavit or deed with the county recorder. File the affidavit, certified death certificate(s), and any new deed in the county where the property is located. The county recorder’s office can confirm local requirements and recording fees (see NRS Chapter 247 for recorder duties): NRS Chapter 247.
- Update the county assessor and title insurance. After recording, notify the county assessor to update tax records and, if you have title insurance, contact the insurer to obtain a reissued policy or endorsement. This helps avoid tax and title problems in future transactions.
- If the deed is ambiguous or all owners died, pursue probate or a quiet-title action. If no survivorship right exists or if all joint tenants predeceased each other leaving no clear surviving owner, you typically must open a probate estate or, in limited-value situations, use small estate procedures. Nevada courts provide self-help probate resources: Nevada Courts — Probate Self Help. If ownership is contested or the chain is unclear, a quiet-title action may be necessary.
Typical documents you will need
- Certified death certificate(s) for the deceased co-owner(s).
- Copy of the recorded deed (with recording reference).
- Affidavit of Survivorship or Affidavit of Death of Joint Tenant (signed, notarized).
- New deed (if you choose to have surviving owner re-deed the property) — signed, notarized, and ready for recording.
- Court orders and probate documents (if probate is required).
When you likely need a probate proceeding
Probate is usually needed when:
- No surviving joint tenant exists.
- The deed does not create survivorship (e.g., tenancy in common).
- Ownership is disputed or unclear and a court determination is necessary.
Practical tips for Nevada property owners
Contact the county recorder where the property sits and ask whether they accept an Affidavit of Death of Joint Tenant and what specific form and attachments they require. County recorders sometimes provide local guidance or sample affidavit language. If you have a title policy, contact the title company — they can often prepare the affidavit or recommend next steps.
Helpful Hints
- Do not rely on photocopies of death certificates; most recorders require certified copies.
- Keep the original recorded deed information (book/page or instrument number) handy — recorders and title companies use that to index the affidavit.
- If you are the surviving co-owner and plan to sell, recording an affidavit or a new deed now avoids delays when you list the property.
- If the property has a mortgage, notify the lender early. The lender may need proof of ownership transfer and might require payoff or loan modification paperwork.
- When in doubt, consult a Nevada probate or real property attorney — they can review the deed language and advise whether an affidavit suffices or whether probate or quiet-title is required.
- Use Nevada’s official resources for forms and procedures: Nevada Revised Statutes (see NRS Chapter 111 and NRS Chapter 247) and Nevada Courts’ probate self-help pages.
Disclaimer: This article is general information about Nevada law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a licensed Nevada attorney or the county recorder’s office.