Heir Conveyance Deeds Under Nevada Law: Out-of-State Property

Disclaimer: This article provides general information about Nevada law. It is not legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

When heirs inherit real property located outside Nevada, they typically use a quitclaim deed to transfer their interest. A quitclaim deed offers a simple mechanism: each heir (grantor) “quits” any interest they hold in favor of one or more grantees.

Why Use a Quitclaim Deed?

• It conveys whatever interest the grantor holds, without warranties.
• It’s quick and cost-effective, ideal when heirs simply want to clear title among themselves.

Key Elements of the Deed

• Grantor and grantee names, with correct legal spellings.
• Full legal description of the out-of-state property.
• An explicit recital that the grantor is an heir (e.g., “Heir of Decedent John Doe”).
• Signature(s) of all grantors as they appear on title.
• Notarial acknowledgment under NRS 111.045, confirming identity and voluntary signing.

Recording the Deed

Recording requirements vary by jurisdiction, but the following steps generally apply:

1. Obtain certified copy of the decedent’s death certificate.
2. If the Nevada estate did not open probate, prepare a Small Estate Affidavit under NRS 146.060 (if qualified).
3. Attach death certificate (and affidavit, if needed) to the quitclaim deed.
4. Have each heir sign before a notary public.
5. Deliver the original deed and attachments to the county recorder’s office where the property lies.
   • Pay applicable recording fees and transfer taxes.
   • Request a stamped, recorded copy for your records.

Additional Considerations

• If the estate was administered in Nevada probate, use the personal representative’s deed instead of a quitclaim deed.
• Verify the other state’s title rules—some states require specific forms or affidavit of heirship.
• Ensure all heirs join the deed; an omitted heir may later challenge title.

Helpful Hints

• Confirm eligibility for a small estate affidavit under Nevada’s NRS 146.060.
• Review the target jurisdiction’s recording guide online before preparing the deed.
• Use exact legal descriptions from the last recorded deed to avoid disputes.
• Order a title report in the out-of-state county to check for liens or easements.
• Record promptly after signing to prevent adverse claims.