Nevada Transfer on Death Deed (Deed Upon Death)

Nevada lets you name who receives your real estate at death and skip probate for that property. The tool is a statutory transfer on death deed, and Nevada calls it a deed upon death. You record it while you are alive, you keep full ownership and control, and at your death the home passes to the beneficiary you named, outside the District Court. Nevada adopted the Uniform Real Property Transfer on Death Act, codified at NRS 111.655 to 111.699.

If you have been mapping out how to avoid probate in Nevada for your house, this is the cleanest single instrument for the job. One rule decides whether it works: the deed must be recorded before you die.

What Is a Deed Upon Death?

A deed upon death is a deed you record during your lifetime that names a beneficiary, or more than one, to receive your real property when you die. The deed has no effect on your ownership while you are alive. You keep title, you can live in the home, rent it, sell it, mortgage it, or revoke the deed, and you do not need the beneficiary's permission to do any of it. (Source: NRS 111.685.)

The beneficiary gets nothing while you are alive. They have no present interest, no right to the property, and the deed does not require notice to them, delivery to them, or any payment from them. (Source: NRS 111.683.) Their interest arises only at your death, and at that point title passes to them automatically without probate.

Nevada lawyers sometimes call this a beneficiary deed, but the statutory name is deed upon death. The owner who signs it is the grantor.

The Recording-Before-Death Rule

This is the single most important rule, so it goes first. A deed upon death is valid only if it is signed, notarized, and recorded in the office of the county recorder of the county where the property is located before the death of the grantor. (Source: NRS 111.681.)

A deed upon death that is prepared and signed but never recorded does nothing. A deed that is recorded after the grantor has died does nothing. There is no grace period and no fix after death. If the deed is not on record at the county recorder before the grantor dies, the property does not pass under it, and it goes through the District Court instead.

So the practical takeaway is simple: signing the deed is not the finish line. Recording it is. Take it to the county recorder, pay the recording fee, and confirm it is on record while you are still alive.

How the Deed Upon Death Works

Step 1: Prepare the Deed

The deed upon death must meet the formal requirements for a deed in Nevada, plus the requirements specific to a deed upon death:

It must be in writing and state that the transfer takes effect on the grantor's death.
It must identify the real property, usually by legal description.
It must name one or more beneficiaries. (Source: NRS 111.673.)
It must be signed by the grantor and notarized.

Nevada provides a statutory form for the deed upon death, which many county recorders and stationers follow. (Source: NRS 111.695.) Using the statutory wording keeps the instrument clean and easy for the recorder to accept.

Step 2: Record Before Death

Record the signed, notarized deed with the county recorder in the county where the property sits, before the grantor's death. (Source: NRS 111.681.) Recording fees are set by the county recorder and are modest. Keep your stamped, recorded copy.

Step 3: At the Grantor's Death

When the grantor dies, the beneficiary perfects title by recording a Death of Grantor Affidavit with the same county recorder, with a certified copy of the death certificate attached, along with a declaration of value. (Source: NRS 111.699.) No District Court case is required for the property covered by the deed. Once recorded, the chain of title shows the beneficiary as the owner.

Revoking or Changing a Deed Upon Death

The grantor keeps complete power to revoke or change a deed upon death at any time during life, and the beneficiary cannot stop it. (Source: NRS 111.685.) There are three ways to undo or override one, and each follows the same recording-before-death logic:

Record a revocation. The grantor signs and records a revocation of the deed upon death, using the statutory revocation form, before death. (Source: NRS 111.697.)
Record a later deed upon death. A new deed upon death covering the same property, recorded later, controls. The last deed upon death recorded before death is the one that takes effect. (Source: NRS 111.677.)
Transfer the property during life. If the grantor sells or otherwise conveys the property before death, the deed upon death is void as to the interest that was transferred. (Source: NRS 111.677.)

Two things to hold onto. A revocation only works if it is recorded before death, just like the deed itself. And you cannot revoke a deed upon death by will. Leaving the house to someone else in your will does not override a recorded deed upon death; the deed wins. Keep the deed and your will pointed at the same person.

The Community Property Nuance for Married Couples

Nevada is a community property state. (Source: NRS Chapter 123.) For a married couple, real estate bought during the marriage is usually community property, and both spouses own it. That changes how a deed upon death should be set up.

If the home is community property, both spouses should sign and join in the deed upon death so the instrument reaches the whole property, not just one spouse's interest. Nevada's deed upon death statute has a specific provision for property held in joint tenancy or community property with right of survivorship, because survivorship and a deed upon death interact. (Source: NRS 111.675.)

Here is the order that usually applies between spouses. If the couple holds title as community property with right of survivorship, the surviving spouse takes the property first at the first death, and a deed upon death generally takes effect only after the second spouse dies. Remember that a Nevada survivorship right between spouses does not arise unless the deed expressly declares it. (Source: NRS 111.064.) So before you record a deed upon death on a married couple's home, pull the recorded deed, read exactly how title is held, and have both spouses act together. When community property and survivorship are in play, this is the part worth confirming with a Nevada attorney.

What the Deed Upon Death Does Not Do

It Does Not Shield the Property From Debts

A deed upon death moves the property outside probate, but it does not put it beyond valid claims. The beneficiary takes the home subject to any deed of trust, lien, or other encumbrance already on it when the grantor dies. (Source: NRS 111.691.) The property can also still be reached to satisfy the grantor's debts and certain claims, including recovery of public assistance, after death. (Source: NRS 111.689.)

Medicaid Recovery Still Applies

Property passing by a deed upon death is not automatically safe from Medicaid estate recovery. Nevada's deed upon death statute includes a specific provision on Medicaid limitations. (Source: NRS 111.693.) If the grantor received Medicaid for long-term care, the state may still seek reimbursement against the property. If Medicaid is part of your picture, talk to an elder law attorney before relying on a deed upon death.

It Does Not Help While You Are Alive

A deed upon death does nothing for incapacity. It only operates at death. For the living side of planning, you still need a Nevada power of attorney and a Nevada advance directive.

How the Deed Upon Death Compares to Other Options

A deed upon death is one of several ways to keep a Nevada home out of probate. The right choice depends on your situation.

Method	Probate Avoided	Control During Life	Covers Out-of-State Property	Best For
Deed upon death (NRS 111.655 to 111.699)	Yes, real estate only	Full	No	A single Nevada property to a clear beneficiary
Community property with right of survivorship (NRS 111.064)	Yes	Shared with spouse	No	Married couples passing the home to each other first
Joint tenancy with right of survivorship	Yes	Shared with co-owner	No	Co-owners who want the survivor to take all
Revocable living trust	Yes, all assets you fund	Full, as trustee	Yes	Privacy, property in more than one state, control over timing
Small-estate set-aside (NRS 146.070)	Court process, but lighter	N/A, after death	No	Modest estates with no deed, trust, or survivorship in place

A few notes on the table. Survivorship between spouses or co-owners passes the property to whoever lives longest, but it gives the co-owner present rights and exposes the home to that person's creditors and divorce, so use it deliberately. A revocable living trust does more than a deed upon death, since it can hold many assets and avoid a second probate for property in another state, but it costs more to set up and must be funded to work. The small-estate set-aside under NRS 146.070 is a court path for an estate that does not have a deed, trust, or survivorship in place, not a deed alternative you set up in advance. The full menu is in the Nevada estate planning basics guide.

One more Nevada point that makes a deed upon death attractive. Nevada has no state estate tax and no inheritance tax, so a beneficiary who receives a home this way owes no Nevada death tax on it. The deed is about avoiding probate and clearing title, not about taxes.

Who Should Consider a Deed Upon Death

A deed upon death tends to fit owners who:

Own a Nevada home or other real property and want it to pass to a specific person at death without probate.
Want to keep full control during life, including the ability to sell, mortgage, or change their mind.
Have a single, clear beneficiary, or a primary and a backup.
Are not relying on the property to be shielded from Medicaid recovery or existing liens.

It is usually not the best fit when:

The property is community property and the couple has not sorted out how title is held and who joins the deed.
The owner wants to control how and when heirs receive the property over time, which is what a trust does.
There is real estate in more than one state, where a revocable living trust avoids a second out-of-state probate.
Medicaid recovery or creditor exposure is a live concern.

Frequently Asked Questions

Does the beneficiary have to agree to the deed upon death?

No. The beneficiary does not sign it and does not need to know it exists. The deed is effective without notice to or consideration from the beneficiary, and the grantor can revoke it without telling anyone. (Source: NRS 111.683.)

What happens if I sign the deed but never record it?

It does nothing. A deed upon death is effective only if it is recorded with the county recorder before the grantor dies. (Source: NRS 111.681.) An unrecorded deed upon death does not transfer the property, and the home will pass through the District Court instead.

Can I name more than one beneficiary?

Yes. A deed upon death can name multiple beneficiaries. (Source: NRS 111.673.) Spell out the shares on the face of the deed so it is clear how the property splits.

Does a mortgage on the home cause a problem?

No, but the beneficiary takes the property subject to the existing mortgage or deed of trust. (Source: NRS 111.691.) Recording the deed upon death does not by itself trigger the loan, and the beneficiary will need to keep paying it or refinance after the grantor dies.

My spouse and I own the house together. Should both of us sign?

For community property, yes. Both spouses should join the deed upon death so it reaches the whole property, and you should first confirm how title is held, since community property with right of survivorship changes the order in which the deed takes effect. (Source: NRS 111.064 and NRS 111.675.) This is a good spot to check with a Nevada attorney.

Sources

Title: NRS 111.655 to 111.699, Real Property Transfer on Death (Uniform Act), the deed upon death. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.671, Creation of deed upon death. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.673, Designation of beneficiary. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.675, Requirements for property held as joint tenancy or community property with right of survivorship. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.677, Void if interest in property transferred before death; last recorded deed upon death is effective. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.681, Execution and recordation (deed upon death must be recorded before the grantor's death). Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.683, Effective without notice or consideration. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.685, Effect of deed upon death during owner's lifetime (grantor keeps full control and may revoke). Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.689, Enforcement of liabilities against property transferred by deed upon death. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.691, Property transferred by deed upon death subject to prior lien. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.693, Limitations concerning Medicaid payments. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.695, Form of deed upon death. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.697, Form of revocation of deed upon death. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.699, Form of Death of Grantor Affidavit; required documents upon death of grantor. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS 111.064, Right of survivorship in community property and joint tenancy (express declaration required). Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-111.html
Title: NRS Chapter 123, Rights of Husband and Wife (community property). Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-123.html
Title: NRS 146.070, Set-aside of estate without administration. Publisher: Nevada Revised Statutes (Nevada Legislature). Publication Date: Current official code, accessed 2026-06-24. URL: https://www.leg.state.nv.us/nrs/nrs-146.html

This guide provides general information about the Nevada deed upon death (transfer on death deed). Laws change; confirm current requirements and how your title is held with the county recorder or a licensed Nevada real estate or estate planning attorney before you sign or record a deed. It is not legal advice.