Henderson, NV asked in Estate Planning and Probate for Nevada

Q: In Nevada, if quitclaim deed (adding spouse) does not specify JTWROS, is it assumed right of survivorship?

Spouse dies, does deed transfer upon presentation of death certificate?

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2 Lawyer Answers
Delwyn E. Webber
Delwyn E. Webber
Answered
  • Estate Planning Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: No, it is not assumed, and even if it was JTWROS, presentation of the death certificate is not sufficient.

You should consult with an attorney, as there are a few things to consider before it can be determined how best get the house transferred.

Jonathan Craig Reed agrees with this answer

Jonathan Craig Reed
Jonathan Craig Reed
Answered
  • Probate Lawyer
  • Las Vegas, NV
  • Licensed in Nevada

A: In order for the surviving spouse to obtain full title w/o probate the deed to both spouses must say as joint tenants or with rights of survivorship. Then, in order to be able to get title insurance for a sale, the new deed must have been recorded BEFORE the first to die spouse dies.

If all of these conditions are met then for the surviving spouse to get sole title he/she will have to file an Affidavit of Death of Joint Tenant along with the death certificate.

If the deed to the spouses simply says to "Jack and Jill as husband and wife" the surviving spouse will have to probate the dead spouse's half.

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