Affidavit of Death of Joint Tenant Nevada: How to Clear Title After a Death

When property is held in joint tenancy with right of survivorship in Nevada, the deceased owner's interest terminates automatically at death. The surviving owner legally owns the entire property. But "automatic" does not mean the paperwork handles itself.

To sell, refinance, or take any recorded action on the property, the surviving owner must formally clear the title by recording an Affidavit of Death of Joint Tenant (or Affidavit of Death of Spouse for community property with right of survivorship) with the county recorder. Until this is done, the deceased's name stays on the deed, and title companies will not issue clear title.

What NRS 111.365 Requires

Under NRS 111.365, recording the affidavit creates a "disputable presumption" that the full interest in the property has vested in the surviving owner. The affidavit must contain:

• The affiant's name and their relationship to the deceased
• The full legal name of the deceased and the date and place of death
• A reference to the original recorded instrument that created the joint tenancy or survivorship right (the deed), including the recording date, book, and document number
• The full legal description of the property (lot, block, subdivision, or metes and bounds — exactly as it appears on the deed)
• A statement that the property vests in the surviving owner by operation of law

The affidavit must be signed and sworn to before a notary public by a person with direct knowledge of the facts. In most cases, the surviving owner is both the affiant and the beneficiary.

Required Attachments

You must attach a certified copy of the death certificate to the affidavit when recording it. A plain photocopy will not be accepted. The death certificate must have a raised seal from the issuing vital records office.

If the property was held as community property with right of survivorship, you may also need to attach a copy of the deed showing the community property designation. Some county recorders require this to distinguish between joint tenancy and community property survivorship, which have different legal implications.

Where and How to Record

Record the affidavit at the county recorder's office in the county where the property is located. Nevada's most commonly used offices:

Clark County Recorder: Filing fee is $42 for the first page. The office is located in the Clark County Government Center in downtown Las Vegas. Documents must meet strict formatting requirements — 8.5 by 11 inch paper, at least 1-inch margins, black ink, and a 3-inch blank space at the top of the first page for the recorder's stamp.

Washoe County Recorder: Filing fee is $43 for the first page. If documents fail to meet the 8.5 by 11 formatting standard, an additional $3 per page non-conformance penalty applies.

Both offices accept in-person filings and mail submissions. In-person recordings are typically processed same-day. Mail submissions can take one to three weeks.

After recording, the county recorder assigns a document number and returns a stamped copy. Keep this with your property records — you will need it for any future title transaction.

The Medicaid Reporting Trigger

This is the part most people do not expect. Under NRS 111.365, the county recorder is legally required to forward the information contained in the affidavit to the Nevada Department of Health and Human Services (DHHS). This automatic notification is designed to trigger a Medicaid Estate Recovery audit.

If the deceased was 55 or older and received Medicaid benefits for nursing facility care, home and community-based services, or related medical expenses, DHHS has the legal right to seek reimbursement from the estate. Recording the affidavit essentially alerts the state that a property transfer has occurred, and the Medicaid recovery unit may respond with a lien or claim.

This does not mean the surviving owner will necessarily owe anything. Statutory exemptions protect surviving spouses, minor children, and disabled dependents from Medicaid recovery. A hardship waiver is also available in limited circumstances. But the notification is automatic and unavoidable — you cannot record the affidavit without triggering it.

If Medicaid recovery is a concern, gather records of what benefits the deceased received before recording the affidavit. Knowing the potential exposure allows you to prepare a response or exemption claim rather than being caught off guard.

Real Property Transfer Tax Exemption

Nevada imposes a Real Property Transfer Tax on most property conveyances, calculated at $1.95 per $500 of value (plus county-specific surcharges). However, NRS 375.090 exempts transfers that take effect upon death — including joint tenancy survivorship and community property survivorship transfers.

To claim the exemption, file a Declaration of Value form along with the affidavit. Without this form, the county may assess the transfer tax. The Declaration of Value must state that the transfer is exempt under NRS 375.090 and describe the nature of the survivorship transfer.

Common Mistakes

Wrong legal description: If the property description in the affidavit does not exactly match the description in the recorded deed, the county recorder may reject the filing. Copy the legal description verbatim from the original deed — do not paraphrase or summarize.

Using a photocopy of the death certificate: County recorders require a certified copy with a raised seal. Budget for this when ordering death certificates from the vital records office.

Forgetting to update the property tax records: After recording the affidavit, contact the county assessor to update ownership records for property tax purposes. The surviving owner may also need to apply for homestead or other exemptions in their own name.

Not recording at all: Some surviving owners assume that because the transfer is "automatic," they never need to record anything. This creates problems years later when trying to sell, refinance, or pass the property to the next generation. Record the affidavit promptly.

The Nevada Estate Settlement Guide covers all non-probate property transfers — joint tenancy, community property, Transfer on Death deeds — with the exact forms and filing steps for each Nevada county.

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