Nevada Transfer on Death Deed Form

What is a Nevada transfer-on-death (TOD) deed?

Transfer-on-death deeds are written instruments property owners use to automatically transfer real estate ownership to a named beneficiary upon the owner’s death. Transfer-on-death deeds—also called TOD deeds or beneficiary deeds—allow owners to proactively arrange for conveyance of real estate interests without a will or trust.

Nevada’s Uniform Real Property Transfer on Death Act (URPTDA) governs TOD deeds in Nevada.¹ The statute calls TOD deeds deeds upon death,² and the property owner is called the grantor.³ A TOD deed’s beneficiary—that is, the person who ultimately receives the property—can be one or more individuals or entities.⁴

Nevada also has statutory provisions that apply to nonprobate transfers generally and are also relevant to Nevada TOD deeds.⁵

What is the purpose of a Nevada TOD deed?

The principal advantage Nevada TOD deeds offer is that they allow real estate to transfer outside of probate. Nevada law considers conveyance under a TOD deed a “nonprobate transfer.”⁶ The real estate never becomes part of the owner’s probate estate because title transfers to the beneficiary automatically when the owner dies.⁷

Bypassing probate—when possible—avoids or reduces the time and expense of estate administration. The estate of a Nevada resident whose valuable real estate transfers outside probate is more likely to qualify for “summary administration,” which can further streamline the process.⁸ A Nevada TOD deed’s beneficiary also receives formal title sooner than if the owner devised the real estate by will.

A Nevada TOD deed’s beneficiary executes and records a death of grantor affidavit after the property owner dies to take title officially.⁹ A death of grantor affidavit identifies the real estate and TOD deed, states that the owner is deceased, and confirms that the person executing the affidavit is the beneficiary named in the TOD deed.¹⁰ The affidavit must be in substantially the same form as the Nevada Legislature’s model.¹¹

A copy of the owner’s death certificate and a completed declaration of value—a form prescribed by the Nevada Tax Commission—accompany the death of grantor affidavit as exhibits.¹²

What types of property can be transferred using a Nevada TOD deed?

A Nevada TOD deed can transfer outside probate “an interest in real property located in [Nevada].”¹³ Nevada TOD deeds are limited to real estate interests only. Transferable interests include a sole owner’s undivided title, a co-owner’s fractional interest, and most other lesser real estate interests recognized in Nevada—provided the owner has the right to transfer the interest when the owner dies.

Other Nevada statutes authorize nonprobate transfer-on-death of other assets—such as securities, investment accounts, bank accounts, promissory notes, and bonds.¹⁴ Owners of Nevada-registered vehicles can transfer a vehicle’s title outside probate by applying for a certificate of title in beneficiary form.¹⁵ Nevada TOD deeds, though, are expressly limited to real estate interests.

What is the effect of a Nevada TOD deed while the owner is alive?

A property owner who records a Nevada TOD deed retains all ownership rights in the property during the owner’s life.¹⁶ The owner can sell, mortgage, or transfer the property in any way allowed by Nevada law.¹⁷

A recorded TOD deed likewise does not affect any rights or interests of the beneficiary—including public assistance eligibility—as long as the owner remains living.¹⁸ No current property interest vests in the beneficiary, and a beneficiary’s creditors cannot attach the property.¹⁹

A property owner retains the right to revoke a previously recorded TOD deed—even if the TOD deed says otherwise—until the owner’s death.²⁰ An owner can revoke a TOD deed in three ways:

1. Execute and record a Revocation of Deed Upon Death instrument identifying and expressly revoking the prior TOD deed.²¹
2. Execute and record a subsequent TOD deed covering the same property—effectively revoking the prior TOD deed because the later-recorded deed takes precedence.²²
3. Transfer the property interest to another person during life—voiding the previously recorded TOD deed.²³

A revocatory act does not revoke a Nevada TOD deed.²⁴ That means that—unlike a Nevada will—intentionally burning, tearing, or otherwise destroying the physical document does not revoke a TOD deed.²⁵

What is the effect of a Nevada TOD deed on the death of an owner?

A property interest subject to a validly executed and recorded Nevada TOD deed automatically transfers to the designated beneficiary when the property owner dies.²⁶ The property does not become part of the owner’s probate estate, and the beneficiary needs only to execute and record a Death of Grantor Affidavit (survivorship affidavit) to formalize the transfer.²⁷

A TOD designation in favor of a property owner’s former spouse is void if the former spouses divorced after the execution of the TOD deed—unless the TOD deed, a court order, or a property settlement agreement expressly provides otherwise.²⁸ Nevada also applies the “Slayer Rule” to TOD deeds—which means a beneficiary responsible for the property owner’s unlawful death cannot take title under a TOD deed.²⁹

a TOD beneficiary who acquires title through a TOD deed receives the property subject to any liens in place when the property owner died.³⁰ Any existing mortgage, judgment, or lien on the property survives the transfer and continues to affect the property’s title.

A deceased owner’s estate can attempt to recover from a TOD deed property the funds necessary to satisfy creditor claims against the estate or spousal-support allowances if the probate estate is insufficient.³¹

A Nevada TOD deed’s beneficiary can disclaim—or refuse to accept—an interest that would otherwise transfer to the beneficiary under a TOD deed.³² A beneficiary disclaims a TOD interest by recording in the land records a signed disclaimer in the format required by Nevada’s Disclaimer of Property Interests Act.³³

Can a Nevada TOD deed leave property to multiple beneficiaries?

Yes, Nevada’s URPTDA expressly authorizes TOD deeds naming multiple beneficiaries.³⁴ A Nevada property owner creating a TOD deed with multiple beneficiaries may specify whether the beneficiaries hold title as tenants in common, joint tenants with right of survivorship, or (for married beneficiaries) community property with or without right of survivorship.³⁵

Can joint owners sign a Nevada TOD deed?

Yes, more than one owner of a co-owned property can execute a Nevada TOD deed.³⁶ Nevada law assumes that co-owners are tenants in common—with separate fractional interests they can transfer independently.³⁷ A tenant in common can execute a Nevada TOD deed that transfers a fractional interest upon the owner’s death.³⁸

Joint tenancy is a form of co-ownership with a right of survivorship so that a deceased co-owner’s interest vests with surviving owners. One or more co-owners of a Nevada property co-owned in joint tenancy can execute a Nevada TOD deed.³⁹ If all joint tenants sign a TOD deed, the beneficiary receives title to the property upon the last surviving joint tenant’s death.⁴⁰ If only one joint tenant executes a TOD deed, the transfer is not effective unless the owner who signed the TOD deed is the last of the joint tenants to die.⁴¹ Title vests with the surviving owner if another joint tenant survives the TOD-signing owner—rendering the TOD deed ineffective.

What happens if the beneficiary named in a Nevada TOD deed dies before the owner?

Nevada’s URPTDA does not address predeceased beneficiaries. Nevada’s general nonprobate transfer-on-death provisions state that—if no beneficiary survives the property owner—the property becomes part of the deceased owner’s estate.⁴² That means a deceased beneficiary’s heir does not inherit an unvested interest under a TOD deed.

Many state TOD statutes allow property owners to name contingent beneficiaries—or alternate beneficiaries who receive TOD property if the primary beneficiary does not survive the owner. Nevada does not authorize contingent beneficiaries in TOD deeds.

A property owner executing a Nevada TOD deed can reduce the risk of a lapsed TOD transfer by naming multiple beneficiaries.⁴³ Nevada’s general nonprobate transfer-on-death statutes suggest that—if one of multiple TOD beneficiaries predeceases the property owner—surviving beneficiaries receive the share the predeceased beneficiary would have otherwise received.⁴⁴

Must the owner notify the beneficiaries of the Nevada TOD deed?

No, Nevada’s URPTDA states that a TOD deed is effective regardless of whether the beneficiary receives, accepts, or has notice of the TOD deed.⁴⁵ Though notice is not required, it is generally prudent to inform the beneficiary of the existence of a TOD deed.  A beneficiary unaware of a TOD deed may not know to record a Death of Grantor Affidavit upon the owner’s death.⁴⁶ The beneficiary can choose to disclaim the interest if the beneficiary does not wish to take title.⁴⁷

Can a Nevada TOD deed be used when the property is mortgaged?

Recording a TOD deed does not affect the interests of the property owner’s creditors while the owner remains living.⁴⁸ A Nevada TOD deed therefore does not limit a lender’s rights under an existing mortgage agreement.

Federal law facilitates the use of TOD deeds with mortgaged properties when the named beneficiary is a relative of the property owner.  Due-on-sale clauses in mortgage contracts ordinarily let lenders declare a mortgage debt immediately due if the property is transferred. The Garn-St. Germain Depository Institutions Act,⁴⁹ though, prevents lenders from enforcing due-on-sale clauses in response to certain transactions. One such excluded transaction is “a transfer to a relative resulting from the death of a borrower.”⁵⁰ A Nevada TOD deed transferring property to a relative of the owner therefore will not trigger a due-on-sale provision.

A TOD deed transfer does not impede any existing mortgages, liens, or other encumbrances on the property.⁵¹ A mortgage does not prevent most TOD deeds, but the mortgage remains attached to the property after the transfer.

Must a Nevada TOD deed be recorded?

Yes. A Nevada TOD deed only makes an effective transfer of real estate upon the owner’s death if the TOD deed was recorded “before the death of the owner.”⁵² A Nevada TOD signed by the owner but left unrecorded is ineffective. A TOD deed signed by more than one co-owner must be recorded before the last surviving owner’s death.⁵³

A property owner records a TOD deed in the county recorder’s office of the county where the property is located.⁵⁴

Can a Nevada TOD deed be signed by an agent under a power of attorney?

The Nevada Legislature’s suggested form includes the property owner’s notarized signature. The statute neither expressly authorizes nor prohibits execution by an agent acting under power of attorney.⁵⁵ The URPTDA instead states that a Nevada TOD deed must be “executed and recorded as provided by law….”⁵⁶

A property owner must have the same capacity to create a TOD deed that is required to create a valid Nevada will.⁵⁷ The testator of a Nevada will must be “of sound mind [and] over the age of 18 years,” and a will must be signed by the testator “or by an attending person at the testator’s express direction.”⁵⁸ A Nevada TOD deed signed by an agent under power of attorney due to a property owner’s incapacity is likely invalid.

Nevada’s statute is unclear as to whether an agent under power of attorney who signs a TOD deed at the request of a property owner of sound mind can lawfully sign a TOD deed for the owner. The best practice is for property owners to sign on their own behalf.

Nevada prohibits agents acting under power of attorney from changing a TOD beneficiary designation—unless the power of attorney document expressly authorizes the change and the change complies with the TOD deed, applicable law, and any other relevant rules.⁵⁹

What are the requirements for a Nevada TOD deed?

Nevada’s URPTDA provides a model TOD deed form.⁶⁰ A Nevada TOD deed must be in a format substantially similar to the model and must:

• State the names of the property owner and beneficiary;
• Include a legal description of the property;
• Declare that the transfer becomes effective upon the owner’s death; and,
• Provide the following disclaimer:

THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR(S). THIS DEED REVOKES ALL PRIOR DEEDS BY THE GRANTOR(S) WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO NRS 111.655 TO 111.699, INCLUSIVE, REGARDLESS OF WHETHER THE PRIOR DEEDS FAILED TO CONVEY THE ENTIRE INTEREST OF THE GRANTOR(S) IN THE SAME REAL PROPERTY.⁶¹

A Nevada TOD deed must be executed by the property owner and subscribed before a notary.⁶² A TOD deed need not identify anything of value provided in exchange for the transfer, as Nevada law does not require TOD deeds to be supported by consideration.⁶³

1. Nev. Rev. Stat. § § 111.655, et. seq.
2. Nev. Rev. Stat. § 111.661.
3. Nev. Rev. Stat. § 111.665.
4. Nev. Rev. Stat. § 111.659; Nev. Rev. Stat. § 111.667 (allowing beneficiary to be “…an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.”).
5. See Nev. Rev. Stat § § 111.700 – 111.781.
6. Nev. Rev. Stat. § 111.721.
7. Nev. Rev. Stat. § 111.671.
8. See Nev. Rev. Stat., Chap. 145: Summary Administration of Estates.
9. Nev. Rev. Stat. § 111.699.
10. Nev. Rev. Stat. § 111.699.
11. Nev. Rev. Stat. § 111.699.
12. Nev. Rev. Stat. § 111.699; See Nev. Rev. Stat. § 375.060.
13. Nev. Rev. Stat. § 111.669.
14. See, e.g., Nev. Rev. Stat. § 111.721, Nev. Rev. Stat. § 111.729, Nev. Rev. Stat. § 111.751.
15. Nev. Rev. Stat. § 482.247.
16. Nev. Rev. Stat. § 111.677(1).
17. Nev. Rev. Stat. § 111.685(1) and (2).
18. Nev. Rev. Stat. § 111.685(3) and (5).
19. Nev. Rev. Stat. § 111.685(7).
20. Nev. Rev. Stat. § 111.697.
21. Nev. Rev. Stat. § 111.697.
22. Nev. Rev. Stat. § 111.677(2).
23. Nev. Rev. Stat. § 111.677(1).
24. Nev. Rev. Stat. § 111.697.
25. See Nev. Rev. Stat. § 133.120.
26. Nev. Rev. Stat. § 111.671.
27. Nev. Rev. Stat. § 111.699.
28. Nev. Rev. Stat. § 111.781.
29. Nev. Rev. Stat. § 41B.200; Nev. Rev. Stat. § 111.773.
30. Nev. Rev. Stat. § 111.691.
31. Nev. Rev. Stat. § 111.689(1).
32. Nev. Rev. Stat. § 111.687.
33. Nev. Rev. Stat. § § 120.100, et seq.; see Nev. Rev. Stat. § 111.687.
34. Nev. Rev. Stat. § § 111.671.
35. Nev. Rev. Stat. § 111.673.
36. Nev. Rev. Stat. § 111.675.
37. Nev. Rev. Stat. § 111.060.
38. Nev. Rev. Stat. § 111.671.
39. Nev. Rev. Stat. § 111.065, Nev. Rev. Stat. § 111.675.
40. Nev. Rev. Stat. § 111.675(1).
41. Nev. Rev. Stat. § 111.675(2).
42. Nev. Rev. Stat. § 111.767.
43. Nev. Rev. Stat. § 111.671.
44. See Nev. Rev. Stat. § 111.767(4) and (5).
45. Nev. Rev. Stat. § 111.683(1).
46. Nev. Rev. Stat. § 111.699.
47. Nev. Rev. Stat. § 111.687.
48. Nev. Rev. Stat. § 111.685(4).
49. 12 USC 1701j-3(d).
50. 12 USC 1701j-3(d)(5).
51. Nev. Rev. Stat. § 111.691.
52. Nev. Rev. Stat. § 111.681.
53. Nev. Rev. Stat. § 111.681.
54. Nev. Rev. Stat. § 111.681.
55. Nev. Rev. Stat. § 111.695.
56. Nev. Rev. Stat. § 111.681.
57. Nev. Rev. Stat. § 111.679.
58. Nev. Rev. Stat. § 133.020.
59. Nev. Rev. Stat. § 111.775.
60. Nev. Rev. Stat. § 111.695.
61. See Nev. Rev. Stat. § 111.695.
62. Nev. Rev. Stat. § 111.695.
63. Nev. Rev. Stat. §§ 111.681(2).