1.  To the extent the grantor’s probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred pursuant to a deed upon death.

Terms Used In Nevada Revised Statutes 111.689

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

2.  If more than one property is transferred pursuant to one or more deeds upon death, the liability for any claim must be apportioned among the properties in proportion to their net values at the grantor’s death.

3.  The beneficiary or beneficiaries under a deed upon death must, after the death of the grantor, cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to:

(a) The personal representative of the grantor, if known;

(b) The Department of Health and Human Services; and

(c) Known or readily ascertainable creditors of the grantor or the probate estate of the grantor.

4.  The notice published pursuant to subsection 3 must be in substantially the following form:

5.  A person or entity having a claim, due or to become due, against a grantor or his or her probate estate, as applicable, must file the claim with the beneficiary or beneficiaries within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors pursuant to subsection 3. Any claim against a grantor or the probate estate of a grantor, as applicable, not filed within that time is forever barred. After the expiration of the time to file a claim as provided in this section, the beneficiary or beneficiaries may sell or distribute the property transferred pursuant to the deed upon death, without personal liability for any claim which has not been timely filed with the beneficiary or beneficiaries if, in accordance with subsection 6, the beneficiary or beneficiaries have received a waiver of claim after providing written notice to the Department of Health and Human Services as required by subsection 3.

6.  If notice to the Department of Health and Human Services is not given, the property transferred by the deed upon death remains subject to the right of the Department to recover public assistance received by the grantor. The Department may initiate an action to impose a lien on the real property transferred by the deed upon death pursuant to NRS 422.29306, take any other action allowable by law to secure the future recovery of benefits or make a written demand for payment, as applicable. The Department shall notify the beneficiary or beneficiaries in writing within 45 days after receipt of a notice pursuant to subsection 3 whether the grantor was a recipient of public assistance and, if he or she was not a recipient of assistance, provide an original waiver of claim to the beneficiaries for the purposes of recording the deed upon death.

7.  For claims not originating with the Department of Health and Human Services, if a claim is rejected by the beneficiary or beneficiaries under the deed upon death, in whole or in part, the beneficiary or beneficiaries must, within 10 days after the rejection, notify the claimant of the rejection by written notice sent by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the beneficiary or beneficiaries within 30 days after the notice is sent, whether the claim is due or not, or the claim is barred forever and the beneficiary or beneficiaries under the deed upon death may distribute the property transferred by the deed upon death without personal liability to any creditor whose claim is barred forever.

8.  A title company that is engaged regarding the transfer of the property identified in a deed upon death may recognize that the notices provided pursuant to this section constitute adequate notice required by law. A title company is not liable for claims of which the title company is not made aware by the beneficiaries.

9.  A person dealing with a beneficiary of a deed upon death has the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the grantor’s estate that had become final if both of the following conditions are satisfied:

(a) The person acted in good faith and for valuable consideration; and

(b) A Death of Grantor Affidavit was recorded pursuant to NRS 111.699.

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