1. To the extent the grantor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred pursuant to a deed upon death.
2. If more than one property is transferred pursuant to one or more deeds upon death, the liability for any claim must be apportioned among the properties in proportion to their net values at the grantor’s death.
3. The beneficiary or beneficiaries under a deed upon death must, after the death of the grantor, cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to:
(a) The personal representative of the grantor, if known;
(b) The Department of Health and Human Services; and
(c) Known or readily ascertainable creditors of the grantor or the probate estate of the grantor.
4. The notice published pursuant to subsection 3 must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is/are the beneficiary or beneficiaries under a deed upon death executed by ................................. (grantor(s)) on the ......... day of ............................., ..........., and that said grantor(s) died on the ......... day of ............................., ............, and that said grantor(s) had a date of birth of the ......... day of ............................., ............ A creditor having a claim against the grantor(s) or their estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated this .................. day of ......................................................... , ..................... .
Beneficiary or Beneficiaries: .......................................................
Address: ...........................................................................................
5. A person or entity having a claim, due or to become due, against a grantor or his or her probate estate, as applicable, must file the claim with the beneficiary or beneficiaries within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors pursuant to subsection 3. Any claim against a grantor or the probate estate of a grantor, as applicable, not filed within that time is forever barred. After the expiration of the time to file a claim as provided in this section, the beneficiary or beneficiaries may sell or distribute the property transferred pursuant to the deed upon death, without personal liability for any claim which has not been timely filed with the beneficiary or beneficiaries if, in accordance with subsection 6, the beneficiary or beneficiaries have received a waiver of claim after providing written notice to the Department of Health and Human Services as required by subsection 3.
6. If notice to the Department of Health and Human Services is not given, the property transferred by the deed upon death remains subject to the right of the Department to recover public assistance received by the grantor. The Department may initiate an action to impose a lien on the real property transferred by the deed upon death pursuant to NRS 422.29306, take any other action allowable by law to secure the future recovery of benefits or make a written demand for payment, as applicable. The Department shall notify the beneficiary or beneficiaries in writing within 45 days after receipt of a notice pursuant to subsection 3 whether the grantor was a recipient of public assistance and, if he or she was not a recipient of assistance, provide an original waiver of claim to the beneficiaries for the purposes of recording the deed upon death.
7. For claims not originating with the Department of Health and Human Services, if a claim is rejected by the beneficiary or beneficiaries under the deed upon death, in whole or in part, the beneficiary or beneficiaries must, within 10 days after the rejection, notify the claimant of the rejection by written notice sent by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the beneficiary or beneficiaries within 30 days after the notice is sent, whether the claim is due or not, or the claim is barred forever and the beneficiary or beneficiaries under the deed upon death may distribute the property transferred by the deed upon death without personal liability to any creditor whose claim is barred forever.
8. A title company that is engaged regarding the transfer of the property identified in a deed upon death may recognize that the notices provided pursuant to this section constitute adequate notice required by law. A title company is not liable for claims of which the title company is not made aware by the beneficiaries.
9. A person dealing with a beneficiary of a deed upon death has the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the grantor’s estate that had become final if both of the following conditions are satisfied:
(a) The person acted in good faith and for valuable consideration; and
(b) A Death of Grantor Affidavit was recorded pursuant to NRS 111.699.
(Added to NRS by 2011, 1349; A 2021, 995)
Structure Nevada Revised Statutes
Chapter 111 - Estates in Property; Conveyancing and Recording
NRS 111.015 - Power of court to compel specific performance not abridged.
NRS 111.020 - Instruments may be subscribed by lawful agents.
NRS 111.025 - Conveyances void against purchasers are void against their heirs or assigns.
NRS 111.040 - Validity of conveyances made before December 2, 1861.
NRS 111.055 - Nonresident aliens, persons and corporations may hold real property.
NRS 111.060 - Tenancy in common: Definition.
NRS 111.063 - Tenancy in common: Creation.
NRS 111.064 - Tenancy in common or estate in community property: Creation; right of survivorship.
NRS 111.065 - Joint tenancy in real and personal property: Creation.
NRS 111.070 - Fee simple: Words of inheritance not necessary.
NRS 111.075 - "Heir" or "issue" in remainders.
NRS 111.080 - Contingent future interest: Defeat on birth of posthumous child.
NRS 111.085 - Estates tail: Enjoyment by posthumous child.
NRS 111.090 - Grants of rents, reversions and remainders effective without attornments of tenants.
NRS 111.095 - When attornment of tenant void.
NRS 111.100 - Lineal and collateral warranties abolished.
NRS 111.101 - Abolishment of Rule in Shelley’s Case.
NRS 111.102 - Abolishment of doctrine of destructibility of contingent remainders.
NRS 111.103 - Short title; uniformity of application and construction.
NRS 111.1031 - Statutory rule against perpetuities.
NRS 111.1033 - When nonvested property interest or power of appointment created.
NRS 111.1037 - Exclusions from statutory rule against perpetuities.
NRS 111.1039 - Prospective application.
NRS 111.105 - Conveyances by deed.
NRS 111.115 - Proof of execution of conveyance.
NRS 111.120 - Conditions necessary before proof by subscribing witness can be taken.
NRS 111.125 - Proof required from subscribing witnesses.
NRS 111.130 - Contents of certificate of proof.
NRS 111.135 - When proof by evidence of handwriting may be taken.
NRS 111.140 - Statements of witnesses under oath before certificate granted.
NRS 111.145 - Witnesses to conveyance may be subpoenaed.
NRS 111.150 - Penalty for failure of witness to appear when subpoenaed.
NRS 111.155 - Conveyance acknowledged or proved may be read in evidence.
NRS 111.160 - After-acquired title passes to grantee.
NRS 111.165 - Adverse possession does not prevent sale and conveyance.
NRS 111.170 - Construction of words "grant, bargain and sell" in conveyances; suit upon covenants.
NRS 111.175 - Conveyances made to defraud prior or subsequent purchasers are void.
NRS 111.185 - Power of revocation at will.
NRS 111.190 - Revocation and reconveyance.
NRS 111.195 - Effect of conveyance made before power of revocation can be exercised.
NRS 111.200 - Limitations on terms of leases.
NRS 111.220 - Agreements not in writing: When void.
NRS 111.235 - Grants and assignments of existing trusts to be in writing or are void.
NRS 111.2375 - Form to make declaration of removal of discriminatory restriction.
NRS 111.238 - Prohibition on display of flag of the United States on property.
NRS 111.239 - Prohibition or restriction on use of system for obtaining solar energy on property.
NRS 111.240 - Acknowledgment of conveyances.
NRS 111.265 - Persons authorized to take acknowledgment or proof within State.
NRS 111.310 - Instruments entitled to recordation; patents need not be acknowledged.
NRS 111.312 - Requirements for recording certain documents relating to real property.
NRS 111.315 - Recording of conveyances and instruments: Notice to third persons.
NRS 111.340 - Certificate of acknowledgment and record may be rebutted.
NRS 111.355 - Recordation of only part of instrument under certain conditions.
NRS 111.3667 - "Document" defined.
NRS 111.367 - "Electronic" defined.
NRS 111.3673 - "Electronic document" defined.
NRS 111.3675 - "Electronic signature" defined.
NRS 111.3677 - "Person" defined.
NRS 111.368 - "State" defined.
NRS 111.3685 - Validity of electronic documents.
NRS 111.3687 - Recording of documents.
NRS 111.369 - Administration and standards.
NRS 111.3693 - Uniformity of application and construction.
NRS 111.3697 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 111.375 - Vesting of easement; effect of transfer of land.
NRS 111.380 - Termination, modification or extinguishment of easement.
NRS 111.390 - General purpose.
NRS 111.420 - Creation; recording; duration; effect on existing interest in real property.
NRS 111.430 - Actions affecting easements for conservation.
NRS 111.659 - "Beneficiary" defined.
NRS 111.661 - "Deed upon death" defined.
NRS 111.663 - "Designated beneficiary" defined.
NRS 111.665 - "Grantor" defined.
NRS 111.667 - "Person" defined.
NRS 111.669 - "Property" defined.
NRS 111.671 - Creation of deed upon death.
NRS 111.673 - Designation of beneficiary.
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 of deed upon death during owner’s lifetime.
NRS 111.687 - Disclaimer by beneficiary.
NRS 111.691 - Property transferred by deed upon death subject to prior lien.
NRS 111.693 - Limitations concerning Medicaid payments.
NRS 111.695 - Form of deed upon death.
NRS 111.697 - Form of revocation of deed upon death.
NRS 111.699 - Form of Death of Grantor Affidavit; required documents upon death of grantor.
NRS 111.701 - "Account" defined.
NRS 111.703 - "Agent" defined.
NRS 111.705 - "Beneficiary" defined.
NRS 111.707 - "Contract" defined.
NRS 111.709 - "Devisee" defined.
NRS 111.711 - "Financial institution" defined.
NRS 111.713 - "Governing instrument" defined.
NRS 111.715 - "Heirs" defined.
NRS 111.717 - "Held in beneficiary form" defined.
NRS 111.719 - "Multiple-party account" defined.
NRS 111.721 - "Nonprobate transfer" defined.
NRS 111.723 - "Party" defined.
NRS 111.725 - "Payment" defined.
NRS 111.727 - "Personal representative" defined.
NRS 111.729 - "POD designation" defined.
NRS 111.731 - "Receive" defined.
NRS 111.733 - "Register in beneficiary form" defined.
NRS 111.735 - "Request" defined.
NRS 111.737 - "State" defined.
NRS 111.739 - "Sums on deposit" defined.
NRS 111.741 - "Terms of the account" defined.
NRS 111.743 - "Transferring entity" defined.
NRS 111.745 - "Trust" defined.
NRS 111.747 - "Trustee" defined.
NRS 111.751 - Provision for nonprobate transfer in contract.
NRS 111.753 - Authority of agent to make nonprobate transfer of property after death of owner.
NRS 111.759 - Proper execution and delivery required for transfer of property upon death of owner.
NRS 111.773 - Disqualification of beneficiary.
NRS 111.775 - Authority of agent, guardian or other fiduciary to change beneficiary designation.
NRS 111.787 - Type and form of account; governing law for other types of accounts.
NRS 111.789 - Designation of agent; authority of agent; designation revocable.
NRS 111.791 - Beneficial ownership: Applicability.
NRS 111.797 - Alteration of type of account; right of survivorship not altered by will.
NRS 111.801 - Character of and rights in community property not altered; exception.
NRS 111.805 - Payment of sums on deposit: Multiple-party accounts.
NRS 111.807 - Payments of sums on deposit: Accounts with POD designation.
NRS 111.809 - Payment of sums on deposit: Payments to agents.
NRS 111.811 - Payments made to minors designated as beneficiaries.
NRS 111.815 - Rights of beneficiary; limitations; liability of beneficiaries.
NRS 111.830 - "Buyer" defined.
NRS 111.835 - "Payee" defined.
NRS 111.840 - "Private transfer fee" defined.
NRS 111.845 - "Private transfer fee obligation" defined.
NRS 111.850 - "Seller" defined.
NRS 111.855 - "Transfer" defined.
NRS 111.860 - Legislative findings and declaration.
NRS 111.865 - Private transfer fee obligations prohibited.
NRS 111.870 - Creation before May 20, 2011; recordation; amendment; failure to record.
NRS 111.875 - Enforcement of private transfer fee obligations created before May 20, 2011.