By Brian Oltman

A common issue I see when meeting with seniors is that they are not aware that they may have to record an Affidavit of Death of Joint Tenant with their county recorder after the death of their spouse.  

Most married couples own their home as “joint tenants with right of survivorship.” This means that if one of the spouses dies, then the surviving spouse inherits their share automatically without the need for the probate process.

When a spouse dies, the surviving joint tenant will want to clear the title to the property. Until steps are taken to make the deceased joint tenant’s death a matter of record, the property’s marketability is impaired. Meaning without action the home may not be able to be sold or transferred and even probate may be necessary down the road.

To clear the title, an Affidavit of Death of Joint Tenant may be recorded by the surviving spouse along with a certified copy of the death certificate. The affidavit should be recorded in the county where the property is located.

Pursuant to NRS § 111.365, the Affidavit of Death of Joint Tenant should state the family relationship of the affiant to the deceased person. It should also contain a description of the document by which the ownership with the right of survivorship was created and the description of the property. The date and place of death of the spouse should also be stated.

Upon the affidavit being recorded, title insurers and third parties such as potential buyers can then rely on the affidavit as evidence confirming who owns the property. Additionally, the county recorder provides information from the Affidavit of Death of Joint Tenant to the Department of Health and Human Services.

Please contact Nevada Legal Services for additional questions.