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An Affidavit of Heirship is not a formal adjudication like probate is. Rather, it is an affidavit outlining the deceased person's family history and the identity of heirs. Nothing is filed in the Probate Court. Rather, the affidavits are filed in the public records of any counties in which the decedent owned property.
A Nevada TOD deed must be executed by the property owner and subscribed before a notary. 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.
DEATH OF GRANTOR AFFIDAVIT - This form is used to transfer property after a Grantor has passed away and has filed a Nevada Deed Upon Death or Transfer on Death Deed.
If you make a deed upon death on your own, without the other joint tenants, the deed will be effective only if you are the last surviving owner of the property. If you die first, the surviving co-owner(s) will own the property, and the deed upon death won't have any effect.
Forty days after their death, you can file the affidavit in the local Probate Court in the county where the deceased resided. For example, if your loved one lived or died in Clark County, you would file with the county recorder in Clark County Probate Court. You will need to pay a small fee for recording the affidavit.
Establishing a TOD provision in Nevada often involves filling out a form provided by the financial institution holding your assets. For real estate, a TOD deed must be filled out and recorded with the county recorder's office.
The Nevada Deed Upon Death is like a regular deed you might use to transfer real estate located in Nevada, but with a crucial difference: It doesn't take effect until your death. At your death, the real estate goes automatically to the person you named to inherit it, without the need for probate court proceedings.
This transfer technically happens "as a function of law" when one owner dies. Even so, surviving spouses must initiate the process by recording an affidavit of death, accompanied by a certified copy of the death certificate, to terminate all title to or interest in real property of the deceased spouse.