Affidavit of Surviving Joint Tenant - Nevada

AFFIDAVIT OF DEATH OF JOINT TENANT OR SURVIVING SPOUSE

Nevada — NRS 111.365(1)

Recording requested by: [________________________________]

After recording return to:

[________________________________]

[________________________________]

Assessor's parcel number: [________________________________]

County where property is situated: [________________________________]

Prior vesting instrument recording reference: [________________________________]

Before completing

Use this form only for Nevada real property held as:

☐ joint tenancy created by an express declaration under NRS 111.065; or

☐ community property with right of survivorship created by an express declaration under NRS 111.064(2).

Do not use this form merely because the decedent and survivor were co-owners or spouses. Review the vesting instrument and any later deed, transfer, divorce instrument, encumbrance, severance, disclaimer, court order, or title dispute before making the sworn statements.

Affidavit

STATE OF NEVADA

COUNTY OF [________________]

I, [AFFIANT NAME], being duly sworn, state from personal knowledge:

1. Affiant

My mailing address is: [________________________________]

My relationship, if any, to each deceased joint tenant or the deceased spouse is:

[________________________________]

2. Deceased owner

If more than one deceased joint tenant is addressed, attach a signed continuation containing the same information for each person.

3. Instrument or conveyance creating survivorship

The joint tenancy or community-property right of survivorship was created by the following instrument or conveyance:

Selected vesting: ☐ Joint tenancy ☐ Community property with right of survivorship

4. Property subject to survivorship

The Nevada real property subject to the joint tenancy or right of survivorship is described in Exhibit A, attached to this affidavit.

Common address: [________________________________]

Assessor's parcel number: [________________________________]

5. Statutory presumption requested

I have knowledge of the facts stated above. The certified death certificate for each deceased owner identified in this affidavit accompanies this affidavit for recording. I make this sworn affidavit for recording under NRS 111.365(1), so that the statute's disputable presumption concerning termination of the deceased owner's title or interest and vesting in the survivor or survivors may arise.

This affidavit does not state that title is undisputed, that no severance occurred, that the property is free of liens or claims, or that every tax or estate issue has been resolved.

Affiant signature

Signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Jurat

STATE OF NEVADA

COUNTY OF [________________]

Signed and sworn to (or affirmed) before me on [__/__/____] by [AFFIANT NAME].

Signature of notarial officer: [________________________________]

Title and rank, if applicable: [________________________________]

[NOTARIAL STAMP OR SEAL]

Exhibit A — Legal description

[Insert the complete legal description from the reviewed vesting instrument. An assessor's parcel number is not a complete legal description.]

[________________________________]

[________________________________]

Legal-description source and reviewer: [________________________________]

If metes and bounds:

☐ The name and mailing address of the preparer are included as NRS 111.312(5) requires; or

☐ this same legal description was previously recorded, and the document includes all information needed to identify and locate that recording under NRS 111.312(6).

Recording preparation checklist

☐ Confirm the affiant has knowledge of every fact required by NRS 111.365(1).

☐ Confirm the vesting instrument expressly created joint tenancy or community property with right of survivorship.

☐ Check for later events that may have severed, extinguished, transferred, or disputed the survivorship interest.

☐ Attach a certified death certificate for each deceased joint tenant or deceased spouse.

☐ Include the mailing address of the person requesting recording and, if assigned, the assessor's parcel number at the top left of the first page under NRS 111.312(1).

☐ Type or legibly print the affiant's name beneath the original signature under NRS 247.190(2).

☐ Record in every Nevada county in which part of the real property is situated; NRS 111.365 and 247.200.

☐ Use a compliant Nevada jurat. NRS 240.1655 requires the affiant to sign in the notarial officer's presence after the oath or affirmation; NRS 240.167 supplies a sufficient short form.

☐ Confirm the current county fee. NRS 247.305 begins with a $25 recording fee and authorizes or requires additional charges in specified circumstances.

☐ Confirm the county's current intake, cover-page, declaration-of-value, redaction, death-certificate, and e-recording practices.

Recording and tax notes

• NRS 247.110(3) expressly excludes an affidavit or certificate of death from that subsection's standard paper, margin, attachment, color, font, and line-density format. Do not reject or redesign this statutory affidavit solely by applying those general format specifications; confirm the receiving county's lawful intake practices.
• NRS 375.090(4) exempts from Nevada real-property-transfer taxes a transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common. Record the exact exemption claimed on any county form after title or tax review.
• Recording the affidavit and certified death certificate creates a disputable presumption under NRS 111.365. It is not a warranty that title is clear, that a joint tenancy was never severed, or that liens and claims disappeared at death.

Sources and References

• Nevada Legislature, NRS Chapter 111: https://www.leg.state.nv.us/NRS/NRS-111.html
• Nevada Legislature, NRS Chapter 240: https://www.leg.state.nv.us/NRS/NRS-240.html
• Nevada Legislature, NRS Chapter 247: https://www.leg.state.nv.us/NRS/NRS-247.html
• Nevada Legislature, NRS Chapter 375: https://www.leg.state.nv.us/NRS/NRS-375.html

This template is provided for informational purposes only and does not constitute legal advice. A Nevada attorney or title professional should confirm vesting, severance, liens, tax consequences, county recording requirements, and the completed affidavit before recording.