DEED UPON DEATH

State of Nevada

Pursuant to NRS 111.655 to 111.699 (Real Property Transfer on Death -- Uniform Act)

THIS DEED DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR(S). THE GRANTOR RETAINS FULL POWER AND AUTHORITY OVER THE PROPERTY DURING HIS OR HER LIFETIME, INCLUDING THE RIGHT TO SELL, MORTGAGE, ENCUMBER, OR REVOKE THIS DEED.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

ARTICLE I -- GRANTOR INFORMATION

Date of Execution: [__/__/____]

Grantor Name: [________________________________]

Grantor Date of Birth: [__/__/____]

Grantor Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Grantor Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

Community Property Disclosure (if married):
Nevada is a community property state. The Grantor makes the following disclosure:
☐ The property described herein is the Grantor's separate property.
☐ The property described herein is community property. Both spouses must sign if community property.
☐ The property described herein is community property with right of survivorship under NRS 111.064.
☐ Mixed separate and community interests. Specify: [________________________________]

Co-Grantor / Spouse (if applicable):

Co-Grantor Name: [________________________________]

Co-Grantor Date of Birth: [__/__/____]

Co-Grantor Mailing Address:
[________________________________]
[________________________________]

ARTICLE II -- PROPERTY DESCRIPTION

The Grantor hereby makes this Deed Upon Death covering the following described real property located in the County of [________________________________], State of Nevada:

Property Street Address:
[________________________________]
[________________________________]

Legal Description:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE III -- DEED UPON DEATH DESIGNATION

Pursuant to NRS 111.671, the Grantor hereby conveys to the designated beneficiary(ies) listed below all of the Grantor's interest in the above-described real property. This conveyance becomes effective only upon the death of the Grantor.

Section 3.1 -- Primary Designated Beneficiary(ies)

Total percentage must equal 100%.

Section 3.2 -- Form of Co-Ownership Among Multiple Beneficiaries

Pursuant to NRS 111.673 and NRS 111.675, if more than one primary beneficiary is designated, the beneficiaries shall take title as:

☐ Tenants in Common -- Each beneficiary receives an undivided fractional interest in the property as specified above.

☐ Joint Tenants with Right of Survivorship -- All beneficiaries hold equal shares with right of survivorship.

☐ Community Property with Right of Survivorship (married couples only, per NRS 111.064)

Section 3.3 -- Alternate (Contingent) Designated Beneficiary(ies)

If any primary designated beneficiary does not survive the Grantor, the deceased beneficiary's share shall pass to the following alternate beneficiary(ies):

Section 3.4 -- Survivorship Requirement

☐ A designated beneficiary must survive the Grantor by at least [____] hours (default: 120 hours) to receive the property interest under this Deed.

☐ If no primary or alternate beneficiary survives the Grantor by the required period, the property shall pass through the Grantor's probate estate.

ARTICLE IV -- GRANTOR'S RETAINED RIGHTS DURING LIFETIME

Pursuant to NRS 111.685, during the Grantor's lifetime this Deed Upon Death does not:

1. Transfer any present interest in the property;
2. Affect the Grantor's right to sell, convey, assign, mortgage, encumber, lease, or otherwise dispose of the property;
3. Affect the Grantor's right to revoke this Deed at any time and for any reason;
4. Create any legal or equitable interest in the designated beneficiary;
5. Affect the Grantor's eligibility for any property tax exemption or public assistance program;
6. Require notice to, delivery to, or acceptance by the designated beneficiary (NRS 111.683);
7. Require any consideration from the designated beneficiary (NRS 111.683).

The Grantor retains sole and absolute control of the property during his or her lifetime. The property is not subject to the claims of creditors of the designated beneficiary during the Grantor's lifetime.

ARTICLE V -- NONTESTAMENTARY NATURE

This Deed Upon Death is nontestamentary in nature. This Deed:

• Is not a will or codicil;
• Is not subject to the statutory requirements for execution or revocation of wills under NRS Chapter 133;
• Does not invalidate or supersede any provision in the Grantor's will;
• Operates independently of any testamentary disposition;
• Is not subject to probate administration upon the Grantor's death.

ARTICLE VI -- REVOCATION

Section 6.1 -- Right to Revoke

Pursuant to NRS 111.679, the Grantor may revoke this Deed Upon Death at any time during the Grantor's lifetime, provided the Grantor has the capacity to do so. The capacity required to revoke a Deed Upon Death is the same as the capacity required to make a will. A Deed Upon Death may not be made irrevocable.

Section 6.2 -- Methods of Revocation

This Deed may be revoked by any of the following methods:

1. Recorded Revocation Instrument -- Execution and recording of a revocation instrument using the form set forth in NRS 111.697, or substantially similar form, recorded in the office of the County Recorder of the county where the property is located;

2. Subsequent Deed Upon Death -- Execution and recording of a new Deed Upon Death that revokes this Deed in whole or in part;

3. Inter Vivos Conveyance -- Transfer of the property to another person during the Grantor's lifetime by a recorded deed that expressly revokes this Deed.

Section 6.3 -- Ineffective Methods of Revocation

This Deed is not revoked by:
- A provision in a will or codicil;
- A revocable trust instrument;
- An unrecorded instrument of revocation;
- Destruction or physical alteration of the original Deed.

Section 6.4 -- Void if Property Transferred During Lifetime

Pursuant to NRS 111.677, if the Grantor transfers the interest in the property that is the subject of this Deed during the Grantor's lifetime, this Deed is void as to that transferred interest.

ARTICLE VII -- EFFECT AT GRANTOR'S DEATH

Section 7.1 -- Transfer of Interest

Upon the Grantor's death, the interest in the property is transferred to the designated beneficiary(ies) in accordance with this Deed, subject to:

1. The beneficiary surviving the Grantor by the required survivorship period;
2. All conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests recorded before the Grantor's death (NRS 111.691);
3. All statutory liens and claims against the Grantor's estate.

Section 7.2 -- Beneficiary's Liability for Claims

Pursuant to NRS 111.689, a designated beneficiary who receives property under this Deed is liable for any allowed claim against the Grantor's probate estate and for statutory allowances to a surviving spouse and children, to the extent the Grantor's probate estate is inadequate to satisfy such claims and allowances.

Section 7.3 -- Medicaid Limitations

IMPORTANT: Pursuant to NRS 111.693, the provisions of NRS 111.655 to 111.699 do not limit the right of the State of Nevada or the Division of Health Care Financing Policy to recover from the estate of a deceased recipient of Medicaid any assistance paid on behalf of the recipient. Property transferred through a Deed Upon Death may be subject to Medicaid estate recovery.

Section 7.4 -- Disclaimer by Beneficiary

Pursuant to NRS 111.687, any designated beneficiary may disclaim all or part of the beneficiary's interest as provided by NRS 120.050 to 120.120 (Uniform Disclaimer of Property Interests).

ARTICLE VIII -- ENCUMBRANCES AND LIENS

Pursuant to NRS 111.691, the property interest transferred under this Deed at the Grantor's death shall be subject to:

☐ All recorded deeds of trust and mortgages
☐ All recorded liens and judgments
☐ All recorded easements and rights-of-way
☐ All recorded covenants, conditions, and restrictions (CC&Rs)
☐ All property tax liens and assessments
☐ All federal and state tax liens
☐ Medicaid estate recovery claims (NRS 111.693)
☐ Any other encumbrances of record at the time of the Grantor's death

ARTICLE IX -- RECORDING REQUIREMENTS

Section 9.1 -- Mandatory Recording Before Death

Pursuant to NRS 111.681, this Deed Upon Death must be executed by the Grantor and recorded during the Grantor's lifetime in the office of the County Recorder for the county in which the property is located. An unrecorded Deed Upon Death is void and has no effect.

Section 9.2 -- Recording Information

Section 9.3 -- Death of Grantor Affidavit

Pursuant to NRS 111.699, upon the Grantor's death, the designated beneficiary (or the beneficiary's representative) should record a Death of Grantor Affidavit with the County Recorder, which must include:

1. A certified copy of the Grantor's death certificate;
2. The recording information of this Deed Upon Death;
3. A statement that the beneficiary survived the Grantor;
4. The legal description of the property.

The statutory form for the Death of Grantor Affidavit is provided in NRS 111.699.

ARTICLE X -- EXECUTION

Section 10.1 -- Grantor Signature

I, the undersigned Grantor, declare that I am executing this Deed Upon Death voluntarily, that I have the capacity required under NRS 111.679 (the same capacity required to make a will under Nevada law), and that I understand this Deed will convey my interest in the above-described property to the designated beneficiary(ies) upon my death.

Grantor Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Grantor / Spouse Signature (if applicable): ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 10.2 -- Notary Acknowledgment

STATE OF NEVADA
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared:

[________________________________] (and [________________________________], if applicable),

known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) acted and executed this instrument as his/her/their free and voluntary act.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Appointment Expires: [__/__/____]

[NOTARIAL SEAL]

ARTICLE XI -- IMPORTANT NOTICES AND DISCLOSURES

Notice to Grantor

1. This Deed must be recorded before your death in the County Recorder's office where the property is located, or it will have no effect.
2. This Deed does not transfer any interest during your lifetime. You retain full ownership and control of the property.
3. You may revoke this Deed at any time by recording a proper revocation instrument (see NRS 111.697 for the statutory revocation form) or a new Deed Upon Death.
4. A will does not revoke this Deed. Only a recorded instrument can revoke a Nevada Deed Upon Death.
5. Nevada is a community property state. If the property is community property, both spouses should sign this Deed.
6. Medicaid estate recovery applies. Under NRS 111.693, property transferred through a Deed Upon Death may be subject to Medicaid estate recovery.
7. Consult an attorney regarding community property issues, tax consequences, Medicaid eligibility, and creditor claims.

Notice to Beneficiary

1. You have no rights to the property during the Grantor's lifetime.
2. The Grantor may sell, mortgage, or revoke this Deed without your knowledge or consent.
3. Upon the Grantor's death, you should record a Death of Grantor Affidavit (NRS 111.699) with the County Recorder.
4. You may be liable for claims against the Grantor's estate if the probate estate is insufficient.
5. The property may be subject to Medicaid estate recovery claims.
6. You have the right to disclaim all or part of your interest under NRS 120.050 to 120.120.

CHECKLIST FOR COMPLETION

☐ All Grantor information completed in Article I
☐ Community property status determined and disclosed (if married)
☐ Full legal description of property included in Article II
☐ Assessor's Parcel Number (APN) verified and included
☐ At least one primary beneficiary designated in Article III
☐ Alternate beneficiaries designated (recommended)
☐ Form of co-ownership selected (if multiple beneficiaries)
☐ Survivorship period specified in Section 3.4
☐ Deed signed by Grantor before a Notary Public
☐ Co-Grantor/Spouse signature obtained (if community property)
☐ Notary acknowledgment completed with seal
☐ Deed recorded with County Recorder before Grantor's death
☐ Copy retained by Grantor for personal records
☐ Medicaid implications reviewed with attorney (NRS 111.693)
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Nevada Real Property Transfer on Death (Uniform Act), NRS 111.655 to 111.699
• NRS 111.655 -- Short Title
• NRS 111.671 -- Creation of Deed Upon Death
• NRS 111.673 -- Designation of Beneficiary
• NRS 111.675 -- Joint Tenancy or Community Property with Right of Survivorship
• NRS 111.677 -- Void if Interest Transferred Before Death
• NRS 111.679 -- Capacity to Make or Revoke
• NRS 111.681 -- Execution and Recordation
• NRS 111.683 -- Effective Without Notice or Consideration
• NRS 111.685 -- Effect During Owner's Lifetime
• NRS 111.687 -- Disclaimer by Beneficiary
• NRS 111.689 -- Enforcement of Liabilities
• NRS 111.691 -- Subject to Prior Lien
• NRS 111.693 -- Medicaid Limitations
• NRS 111.695 -- Form of Deed Upon Death (Statutory Form)
• NRS 111.697 -- Form of Revocation of Deed Upon Death (Statutory Form)
• NRS 111.699 -- Form of Death of Grantor Affidavit (Statutory Form)
• NRS 111.064 -- Community Property with Right of Survivorship
• NRS 120.050 to 120.120 -- Uniform Disclaimer of Property Interests
• NRS Chapter 133 -- Wills (capacity standards)