Elko County Affidavit of Death of Spouse Holding Community Property Form

Additional Nevada and Elko County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Elko County

Properties in any of these areas use Elko County forms:

• Carlin
• Deeth
• Elko
• Halleck
• Jackpot
• Jarbidge
• Lamoille
• Montello
• Mountain City
• Owyhee
• Ruby Valley
• Spring Creek
• Tuscarora
• Wells
• West Wendover

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Nevada Affidavit of Death of Spouse Holding Community Property with Right of Survivorship

The requirements for an affidavit of death in Nevada are contained in NRS111.365.

For Nevada real estate owned by spouses as community property with right of survivorship, the death of one spouse means that his or her property rights are conveyed to the remaining spouse, without the need for probate distribution. This transfer technically happens "as a function of law" when one owner dies.

Even so, surviving spouses must initiate the process by recording an affidavit of death, accompanied by a certified copy of the death certificate, to terminate all title to or interest in real property of the deceased spouse. After the affidavit is recorded in the office of the recorder of the county or counties in which the real property is located, the deceased owner's rights are presumed to be terminated, and vested solely in the surviving spouse.

The days and weeks following the death of a family member are often difficult, but timely recording of the affidavit of death is important. It preserves a clear chain of title, which makes future conveyances of the property less complicated. In addition, updated records ensure that property tax bills and assessments are sent to the correct recipients.

(Nevada AOD of SHCP Package includes form, guidelines, and completed example)

Important: Your property must be located in Elko County to use these forms. Documents should be recorded at the county or independent city recording office listed above.

This Affidavit of Death of Spouse Holding Community Property meets all recording requirements specific to Elko County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Elko County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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