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Nevada Survivorship Title Affidavit Guide
A Nevada Affidavit of Death of Joint Tenant, also called an Affidavit Terminating Joint Tenancy, is used when recorded title shows joint tenancy or another qualifying right of survivorship and one of the owners has died.
Under NRS 111.365, recording a qualifying affidavit together with a certified copy of the death certificate creates a disputable presumption that the deceased owner's interest terminated and vested in the surviving owner or owners. The affidavit does not create an absolute title guarantee, resolve a disputed ownership claim, or replace probate when the recorded vesting does not include a right of survivorship.
The statute requires the affidavit to be subscribed and sworn to by a person who has knowledge of the required facts. That makes the execution a jurat: the affiant must personally appear, take an oath or affirmation, and sign in the notary's presence.
Lake Mead Mobile Notary can perform the jurat for a completed, transaction-appropriate affidavit. We do not select or prepare the form, determine whether survivorship exists, identify the proper affiant, verify the legal description or death certificate, resolve title disputes, or guarantee county recording.
Document Source
Clark County does not publish this affidavit as an online blank Recorder form. The Clark County Law Library identifies an Affidavit-Termination of Joint Tenancy in its form bank, while title companies, attorneys, and authorized document preparers may provide transaction-specific versions.
The Recorder publishes recording requirements but does not supply every real-property form or prepare an affidavit for the customer.
A form issued or posted for another Nevada county may contain a county-specific venue, older wording, or fields that are not part of the current statutory requirements for a Clark County recording.
NRS 111.365 requires the affidavit to be subscribed and sworn to. A form that ends only with acknowledgment wording should be corrected or replaced by the responsible document preparer before the appointment.
The prior deed or other recorded instrument must be reviewed to determine whether it created joint tenancy, community property with right of survivorship, a life estate, a trust interest, or a different ownership arrangement.
The Clark County Law Library guidance explains that the Affidavit of Death of Joint Tenant may be viewed at the library but is not available online.
Survivorship Eligibility
The death of a co-owner does not automatically make this the correct form. The recorded ownership language and the facts of the transaction must fit NRS 111.365.
The recorded instrument identifies two or more owners as joint tenants with a survivorship interest that continues in the surviving owner or owners.
The statute also addresses spouses whose recorded title includes community property with right of survivorship. Ordinary community property wording should not be assumed to have the same effect.
When more than one joint tenant survives, the statutory presumption may vest title jointly in the remaining joint tenants. The affidavit does not necessarily make one survivor the sole owner.
NRS 111.365 separately addresses the death of a life tenant and vesting in the remainder owner. That transaction should use a document prepared for a life estate rather than automatically reusing a joint-tenancy form.
Tenancy in common and sole ownership do not carry the same automatic survivorship feature. Probate, a trust procedure, a court order, or another title document may be required.
A deed upon death, living trust, estate administration, or other ownership structure follows different documents and statutory requirements.
NRS 111.365 Content
The final affidavit should be prepared around the current statutory facts and the recorded property documents—not around generic estate assumptions.
The affidavit states the family relationship, if any, between the affiant and each deceased joint tenant or deceased spouse.
It describes the deed or other conveyance by which the joint tenancy or right of survivorship was created.
It describes the real property subject to the survivorship interest. The APN does not replace a complete legal description.
It states the date and place of death for each deceased joint tenant or deceased spouse addressed by the affidavit.
A certified copy of the death certificate accompanies the affidavit for recording. Clark County states that a death certificate may be recorded as an exhibit rather than as a standalone document.
Nevada recording law requires the requester's mailing address when there is no grantee and the current parcel number at the upper left of the first page when one has been assigned.
Sworn Execution
“Subscribed and sworn to” means the affiant signs under oath or affirmation before the notary. This is different from merely acknowledging a signature made earlier.
The affiant must personally appear before the notary. A surviving owner, family member, title representative, courier, or attorney cannot present the affidavit for an absent signer.
The affiant must swear or affirm that the statements in the affidavit are true.
The affiant must sign during the notarial act. A pre-signed affidavit using a jurat should be addressed with the document preparer before the certificate is completed.
Lake Mead Mobile Notary requires acceptable original, current physical identification for an in-person appointment. A photo, screenshot, scan, or photocopy is not accepted.
Affiant Selection
Nevada law does not say that every surviving joint tenant must sign. It requires an affidavit from a person who has knowledge of the statutory facts.
A surviving owner may be the appropriate affiant when that person knows the recorded ownership, property, and death facts.
The statute is not limited to a surviving owner or family member. The title company, attorney, or document preparer should decide whether another knowledgeable person is suitable for the transaction.
Do not assume all remaining joint tenants must execute separate affidavits. The responsible title or legal professional should determine the required affiant and signatures.
A power of attorney alone does not establish that the agent has the personal knowledge required by the affidavit. Obtain title or legal approval before assigning an attorney-in-fact as affiant.
Appointment Preparation
Bring the completed document supplied or approved by the title company, attorney, authorized document preparer, or other responsible professional.
Have the deed or other instrument that created the joint tenancy or right of survivorship available to the person preparing the affidavit.
Arrange the certified copy required to accompany the affidavit. The death certificate itself is not notarized by Lake Mead Mobile Notary.
Confirm the parcel number, legal description, prior recording information, requester's mailing address, property county, and any required cover material.
The affiant must personally appear with acceptable original, current physical identification.
Keep the responsible professional available for questions about vesting, names, legal descriptions, certificate wording, death- certificate attachment, or recording instructions.
Booking Guidance
Book after the affidavit has been prepared, the affiant has been selected, the survivorship vesting has been confirmed, and the recording package is understood.
Select this when one prepared Affidavit of Death of Joint Tenant is the principal title-related document requiring a jurat.
Select this when two to four separate prepared affidavits, deeds, estate, trust, or title documents require notarization during the same meeting.
Call or text (702) 748-7444 before booking when several affiants, more than four documents, scanbacks, courier delivery, or recording coordination are involved.
Do not schedule yet when the prior vesting, correct form, affiant, legal description, death-certificate status, or notarial certificate remains unresolved.
County Recording
The county recorder reviews the submitted instrument for recording requirements. The affidavit and death certificate do not authorize the notary or Recorder to adjudicate a title dispute.
NRS 111.365 refers to the county or counties where the real property is situated. The filing professional should determine the correct recording offices.
Clark County does not record a death certificate as a standalone vital record. It may accompany the affidavit as an exhibit.
Clark County's current land-document guidance lists the Affidavit Terminating Joint Tenancy as an exception to the Declaration of Value requirement.
The affidavit must satisfy current parcel-number, recording-space, mailing-address, legibility, signature-name, attachment, and property-description requirements.
The statutory result is a disputable presumption. A disagreement about ownership, the validity of the survivorship interest, the identity of the deceased, or another title issue may require legal or court review.
Completion of the jurat does not include county submission, payment, indexing, acceptance, return of the recorded document, or updating every lender, insurer, assessor, utility, or tax record.
Common Questions
NRS 111.365 requires the affidavit to be subscribed and sworn to. The affiant must take an oath or affirmation and sign in the notary's presence, which is a jurat.
No. A jurat requires the affiant to sign in the notary's presence after or while taking the oath or affirmation.
Not necessarily. The statute permits a person who has knowledge of the required facts to make the affidavit. The responsible title or legal professional should select the appropriate affiant.
Nevada law does not state that every survivor must sign the affidavit. The responsible professional should determine the affiant and any additional signature requirements for the title transaction.
No. It can apply to qualifying joint tenants whether or not they are related. It also applies to spouses whose recorded title is community property with right of survivorship.
Not ordinarily. Tenancy in common does not include the same survivorship feature. Obtain title or legal guidance regarding probate or another appropriate procedure.
NRS 111.365 requires the affidavit to be accompanied by a certified copy of the death certificate for each deceased owner addressed by the affidavit.
No. The certified death certificate is an official vital record used as an exhibit to the recording package. Lake Mead Mobile Notary notarizes the affiant's sworn signature on the affidavit, not the death certificate.
It should not be treated as a Clark County-approved form. It contains an Eureka County venue, an acknowledgment certificate despite sworn-affidavit language, and an additional property- value statement not listed among the four facts required by NRS 111.365.
No. Recording creates a disputable statutory presumption. It does not guarantee marketable title or resolve competing ownership, lien, probate, trust, identity, or document-validity issues.
Choose Real Estate Docs – Deeds & Disclosures when one prepared Affidavit of Death of Joint Tenant is the principal document. Contact us before booking a larger title, estate, trust, or multi-affiant document set.
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