Deed Upon Death: How It Works for a Las Vegas Home

Short answer: A deed upon death is a Nevada deed that names who gets your home when you die, while you keep full ownership until then. You sign it and record it with the county recorder before your death, and it does not take effect until you die. You can still sell or refinance the home, and you can revoke the deed at any time by recording a revocation. It is authorized by NRS 111.655 to 111.699.

Jennifer Rodriguez is a Realtor® and Military Relocation Professional (MRP®) in Northwest Las Vegas helping military families and growing families buy and sell with a plan.

Most families think about who gets the house someday, and then put it off. Nevada has a simple tool for that question that a lot of homeowners have never heard of. Here's what most people don't realize about how it works, what it does not do, and what your family does after you are gone.

What is a deed upon death?

It is a deed that transfers your interest in Nevada real property to one or more beneficiaries, and it becomes effective on your death. NRS 111.671 says the owner of an interest in property may create this kind of deed, and that it must be known as a deed upon death. Nevada adopted these rules as the Uniform Real Property Transfer on Death Act.

People also search for it as a "transfer on death deed" or a "deed on death." In Nevada law, the name is deed upon death.

How does a deed upon death work?

Three rules from the statute do most of the work:

• It has to be recorded before death. NRS 111.681 says a deed upon death is valid only if it is signed and recorded in the county recorder's office where the property is located before the owner dies. A signed deed sitting in a drawer does nothing. In Clark County, that is the Clark County Recorder, which lists deed upon death among the land documents it records.
• The beneficiary does not have to know about it. NRS 111.683 says it is effective without notice to, delivery to, or acceptance by the beneficiary, and without payment.
• It takes the same mental capacity as a will. NRS 111.679 sets the capacity to make or revoke one at the same level required to make a will.

Do you still own your home after you record a deed upon death?

Yes. NRS 111.685 says that during your lifetime, a deed upon death does not:

• Affect your rights as owner, including your right to transfer or borrow against the property.
• Give the beneficiary any legal or equitable interest in the home.
• Affect the rights of your lenders or other creditors.
• Affect your or the beneficiary's eligibility for public assistance.
• Expose the home to claims from the beneficiary's creditors.

So you can live in it, refinance it, or sell it without asking the person you named.

What happens to a deed upon death if you sell the house?

It is void. NRS 111.677 says that if the owner transfers their interest in the property to someone else during their lifetime, the deed upon death is void. If you record more than one deed upon death for the same property, the one recorded last before your death is the one that counts.

How do you revoke or change a deed upon death?

By recording a revocation, or a newer deed upon death. NRS 111.697 says a deed upon death may be revoked at any time by the owner, and the revocation is valid only if it is signed and recorded in the county where the property is located before the owner's death.

Tearing up your copy does not work. The statute says a deed upon death may not be revoked by a revocatory act on the deed.

If the home is owned as joint tenants with right of survivorship, or as community property with right of survivorship, and not every owner signs the revocation, it takes effect only if the last surviving owner signs and records it.

Can you name more than one beneficiary?

Yes. NRS 111.673 lets you name multiple beneficiaries and say how they take title, such as joint tenants with right of survivorship, tenants in common, or another form of ownership recognized in Nevada. You can also say the property goes to a beneficiary as their sole and separate property.

For married couples who own together with right of survivorship, NRS 111.675 matters. If the deed includes a conveyance from each owner, it takes effect when the last surviving owner dies.

What does the beneficiary do after the owner dies?

NRS 111.699 says that after the last grantor dies, a Death of Grantor Affidavit must be recorded in the county where the deed was recorded. Attached to it go a declaration of value and a copy of the death certificate of each grantor.

There are two more things for the beneficiary to know:

• Notice to creditors. Under NRS 111.689, the beneficiary must publish a notice to creditors and mail a copy to the owner's personal representative if known, the Nevada Health Authority, and known creditors. Creditors must file claims within 90 days after the first publication. If the owner's probate estate cannot cover allowed claims, the estate may enforce them against the property.
• The option to say no. NRS 111.687 lets a beneficiary disclaim all or part of the interest by recording a disclaimer with the county recorder.

One cost that does not apply: NRS 375.090 exempts a deed upon death and the Death of Grantor Affidavit from Nevada's real property transfer tax.

Does a deed upon death replace a will or a trust?

Not by itself. A deed upon death covers only the real property it describes. It says nothing about your car, your accounts, or who raises your kids. Some families use it alongside a will. Others choose a living trust instead. The right fit depends on your family, so talk it through with a Nevada estate planning attorney.

Common mistakes with a deed upon death

• Signing it and never recording it. It must be recorded before death to be valid.
• Tearing it up to cancel it. Only a recorded revocation or a later recorded deed upon death works.
• Forgetting it when you sell. A sale voids it. If you buy another Nevada home, you would need a new one for that property.
• Assuming it covers everything. It covers the property in the deed, nothing else.
• Beneficiaries skipping the affidavit. The Death of Grantor Affidavit, death certificate, and declaration of value still have to be recorded.

More on owning a home in Nevada

• What is a deed of trust in Nevada?
• Can you sell a house with a mortgage still on it?

Sources

• Nevada Revised Statutes, NRS 111.655 to 111.699, Uniform Real Property Transfer on Death Act
• Nevada Revised Statutes, NRS 375.090, real property transfer tax exemptions
• Clark County Recorder, How to Record (land documents, including deed upon death)

Frequently asked questions

What is a deed upon death in Nevada?

It is a recorded deed that transfers your interest in Nevada real property to the beneficiaries you name, effective when you die. Until then, you keep full ownership.

Does a deed upon death have to be recorded?

Yes. NRS 111.681 says it is valid only if signed and recorded with the county recorder where the property is located before the owner dies.

Can I sell my house if I have a deed upon death?

Yes. You keep the right to sell or borrow against the home. If you sell, the deed upon death becomes void.

How do I revoke a deed upon death?

Record a revocation with the county recorder before your death, or record a newer deed upon death. Tearing up the deed does not revoke it.

What does the beneficiary have to record after the owner dies?

A Death of Grantor Affidavit, with a declaration of value and a copy of each grantor's death certificate attached, recorded in the county where the deed was recorded.

Thinking about what happens to your Northwest Las Vegas home down the road? I can't give legal advice, but I can help you think through the real estate side and point you to the right questions for an attorney. You can find me at homesbyjrod.com.

The information in this article comes from the Nevada Revised Statutes and the Clark County Recorder, checked on October 30, 2026. Laws can change and every family is different, so confirm with a Nevada estate planning attorney. This is general education, not legal or tax advice.