FAQ: Steps to transfer real property to a child after a spouse dies (Nevada)

Short answer: The exact steps depend on how the property was titled before your spouse died. Common paths are (1) title passes automatically (joint tenancy or community property with right of survivorship), (2) a recorded Transfer‑On‑Death deed or trust provides for the child, or (3) the estate must be administered through probate (or a small‑estate procedure). After you establish who now owns the property, the next steps are preparing the correct deed (for example, an executor’s deed or trustee’s deed), getting required court documents or affidavits and a certified death certificate, and recording the deed with the county recorder.

Detailed answer — step‑by‑step under Nevada law

Begin by locating the recorded deed and any estate planning documents. How title was held determines the procedure:

1. Confirm how the property was titled.
   • If the deed named owners as joint tenants or tenants by the entirety (if applicable), the surviving co‑owner usually receives full title automatically upon death. You generally record a certified copy of the death certificate and a short affidavit of survivorship with the county recorder to clear title.
   • If the deed used community property with right of survivorship, the survivorship language governs similarly: the surviving spouse or surviving co‑owner becomes sole owner. Record a certified death certificate and any required affidavit or declaration with the recorder to show the change.
   • If there is a Transfer‑On‑Death (TOD) deed that names the child as beneficiary and it was properly executed and recorded before death, the TOD deed typically takes effect on the owner’s death. To complete transfer you usually file a certified death certificate and a copy of the TOD deed with the recorder.
   • If the property was placed in a revocable living trust, the successor trustee can sign and record a trustee’s deed to the child, supported by the trust document and any required certification of trust.
   • If the property was solely in the decedent’s name with no TOD deed, no survivorship, and no trust, the property normally must pass through probate (formal administration or a summary/small‑estate procedure) before a deed can be executed conveying title to the child.
2. If the title passes automatically (survivorship or TOD): gather and record proof.

   Contact the county recorder’s office where the property is located and ask which documents they require to clear title after death. Typical documents:

   • Certified copy of the death certificate.
   • Affidavit of survivorship or affidavit to attest the owner’s death (some counties provide forms or instructions).
   • The recorded TOD deed or recorded original deed showing survivorship language.

   Once submitted and recorded, the recorder issues a new recorded document that updates the chain of title.

3. If probate is required: open the estate and obtain authority to transfer.

   When title did not pass automatically, you will normally need a personal representative (executor) appointed by the probate court. Key steps:

   • File a petition for probate in the county where the deceased lived or where real property is located.
   • The court issues Letters Testamentary or Letters of Administration to the appointed personal representative.
   • The personal representative obtains authority from the court (often by an order or by the Letters) to sell or transfer real property.
   • After administration, the personal representative executes an executor’s deed or personal representative’s deed conveying title to the person(s) entitled under the will or by intestate succession (for example, your child).
   • Record the executed deed along with certified court documents and a certified death certificate.

   Nevada has procedures for simplified or summary administration when an estate qualifies as a small estate. Check with the local probate court or an attorney to see if a summary procedure applies.

4. Prepare the correct deed and supporting paperwork.

   Which deed you use depends on the situation:

   • Survivorship/TOD/trust situations: a deed recorded to reflect the survivorship or trustee transfer (or simply a recorded affidavit plus the existing deed may suffice).
   • After probate: an executor’s deed or administrator’s deed signed by the personal representative.
   • In direct transfers between private parties (if the new owner is known and you have authority): grant deed or quitclaim deed may be used depending on guarantees you wish to make.

   All deeds must include a proper legal description of the property, the correct grantor and grantee names, and must be signed and notarized. County recording offices often publish formatting requirements and fee schedules.

5. Record the deed with the county recorder where the property sits.

   Recording steps:

   • Include certified death certificate and any court documents (Letters, order, affidavit of heirship, certification of trust, etc.) required by the recorder.
   • Pay recording fees and any transfer or documentary fees required by the county. Contact the county recorder for exact fees and whether additional forms (such as a preliminary change of ownership form for the assessor) are needed.
   • After recording, order an updated title report or obtain a certified copy of the recorded deed to confirm the child’s ownership is reflected in public records.
6. Post‑recording steps and practical matters.
   • Notify the county assessor to update ownership and property tax records—this can affect property taxes and potential exemptions.
   • Check for existing mortgages or liens. If a mortgage exists, the loan may become due on death, or the surviving owner may continue payments. Consult the lender or a lawyer.
   • Consider updating homeowner’s insurance and utility accounts to the new owner’s name.
   • Keep multiple certified copies of the death certificate on hand—recorders and other agencies require them.

Where to find Nevada law and local rules

For statutes on conveyances and rules that affect deeds, see the Nevada Revised Statutes, chapter on conveyances: NRS Chapter 111 (Conveyances). For probate procedures and forms, review the Nevada statutes and your local county probate court guidance at the Nevada Legislature’s site: Nevada Revised Statutes (NRS) and your county court website.

Hypothetical examples

Example A — Joint tenancy: The deed names “Spouse A and Spouse B, as joint tenants.” Spouse A dies. Spouse B is now sole owner by survivorship. Spouse B records a certified death certificate and a simple affidavit of survivorship at the county recorder to clear title.

Example B — Sole ownership with no TOD or trust: The home was in the deceased spouse’s sole name. The child is the heir. The estate must go through probate unless a small‑estate rule applies; the personal representative must be appointed, execute a deed to the child, and record that deed with the court documents and death certificate.

Helpful hints

• Order several certified death certificates immediately; you will need them for the recorder, banks, insurance companies, and the probate court.
• Obtain a copy of the recorded deed from the county recorder to confirm exact title language (joint tenancy, TOD language, or other phrasing).
• Contact the county recorder and the county probate court early — each county has slightly different forms, fees, and clerk practices.
• If a mortgage exists, notify the lender. Mortgage loans frequently contain a due‑on‑sale or acceleration clause, or they may permit the surviving owner to continue payments.
• Consider getting a title search or updated title report before recording a deed to uncover liens, judgments, or other clouds on title.
• If you expect to transfer property to a child, confirm whether documentary transfer taxes or reassessment rules apply in your county; local county assessor/recorder offices can advise.
• Keep a record of every document recorded (filing numbers and dates). That paperwork proves the child’s recorded ownership for banks, insurers, and tax authorities.
• When in doubt about probate, preparing legal documents, or potential tax consequences, consult a licensed Nevada attorney or a probate specialist. Real property and probate rules are technical and mistakes can be costly.

Disclaimer

This article is educational information only and is not legal advice. I am not a lawyer. For advice about your specific situation — including how your property is titled, whether a small‑estate procedure applies, or how to draft and record the correct deed — consult a licensed Nevada attorney or the local county recorder and probate court.