Probate Transfers of Real Property in Nevada

Probate is the legal process of settling a decedent’s estate and transferring property to devisees or heirs entitled to receive it. In Nevada, probate proceedings are overseen by the district court of the county where the decedent resided at the time of death (NRS 136.010). Laws governing wills and decedent’s estates are codified at Title 12 of the Nevada Revised Statutes.

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Conveying Real Property from a Living Trust in Nevada

For purposes of estate planning, a living trust allows the trust maker to make decisions about their assets in the event of death. The settlor establishes the terms and assets of the trust in a document called the trust instrument. In addition to appointing the trustee of the trust, the trust instrument also designates a beneficiary or provides for the designation of a beneficiary by the trustee (NRS 163.006). Note that under 163.008, real property must be transferred into trust by a written instrument (deed), which was signed by the settlor or an authorized trustee, and recorded in the county where the property is located.

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