2005 Nevada Revised Statutes - Chapter 111 — Estates in Property; Conveyancing and Recording

Title 10 - PROPERTY RIGHTS AND TRANSACTIONS

CHAPTER 111 - ESTATES IN PROPERTY;CONVEYANCING AND RECORDING

GENERAL PROVISIONS

NRS 111.010 Definitions.

NRS 111.015 Powerof court to compel specific performance not abridged.

NRS 111.020 Instrumentsmay be subscribed by lawful agents.

NRS 111.025 Conveyancesvoid against purchasers are void against their heirs or assigns.

NRS 111.040 Validityof conveyances made before December 2, 1861.

NRS 111.045 Legalityof conveyances executed before December 2, 1861, depends on laws and customs ofmining and agricultural districts.

NRS 111.050 Chapternot to be construed to conflict with lawful mining rules, regulations andcustoms.

ESTATES IN PROPERTY

NRS 111.055 Nonresidentaliens, persons and corporations may hold real property.

NRS 111.060 Tenancyin common: Definition.

NRS 111.063 Tenancyin common: Creation.

NRS 111.064 Tenancyin common or estate in community property: Creation; right of survivorship.

NRS 111.065 Jointtenancy in real and personal property: Creation.

NRS 111.070 Feesimple: Words of inheritance not necessary.

NRS 111.075 Heiror issue in remainders.

NRS 111.080 Contingentfuture interest: Defeat on birth of posthumous child.

NRS 111.085 Estatestail: Enjoyment by posthumous child.

NRS 111.090 Grantsof rents, reversions and remainders effective without attornments of tenants.

NRS 111.095 Whenattornment of tenant void.

NRS 111.100 Linealand collateral warranties abolished.

NRS 111.101 Abolishmentof Rule in Shelleys Case.

NRS 111.102 Abolishmentof doctrine of destructibility of contingent remainders.

RULE AGAINST PERPETUITIES (UNIFORM ACT)

NRS 111.103 Shorttitle; uniformity of application and construction.

NRS 111.1031 Statutoryrule against perpetuities.

NRS 111.1033 Whennonvested property interest or power of appointment created.

NRS 111.1035 Reformation.

NRS 111.1037 Exclusionsfrom statutory rule against perpetuities.

NRS 111.1039 Prospectiveapplication.

CONVEYANCING; STATUTE OF FRAUDS

NRS 111.105 Conveyancesby deed.

NRS 111.109 Conveyanceby deed which becomes effective upon death of grantor.

NRS 111.115 Proofof execution of conveyance.

NRS 111.120 Conditionsnecessary before proof by subscribing witness can be taken.

NRS 111.125 Proofrequired from subscribing witnesses.

NRS 111.130 Contentsof certificate of proof.

NRS 111.135 Whenproof by evidence of handwriting may be taken.

NRS 111.140 Statementsof witnesses under oath before certificate granted.

NRS 111.145 Witnessesto conveyance may be subpoenaed.

NRS 111.150 Penaltyfor failure of witness to appear when subpoenaed.

NRS 111.155 Conveyanceacknowledged or proved may be read in evidence.

NRS 111.160 After-acquiredtitle passes to grantee.

NRS 111.165 Adversepossession does not prevent sale and conveyance.

NRS 111.167 Presumptionof conveyance with land: Water rights, permits, certificates and applicationsappurtenant to land.

NRS 111.170 Constructionof words grant, bargain and sell in conveyances; suit upon covenants.

NRS 111.175 Conveyancesmade to defraud prior or subsequent purchasers are void.

NRS 111.180 Conveyancenot deemed fraudulent in favor of subsequent purchaser with notice unlessgrantee privy to fraud.

NRS 111.185 Powerof revocation at will.

NRS 111.190 Revocationand reconveyance.

NRS 111.195 Effectof conveyance made before power of revocation can be exercised.

NRS 111.200 Limitationson terms of leases.

NRS 111.205 Noestate created in land unless by operation of law or written conveyance; leasesfor terms not exceeding 1 year.

NRS 111.210 Contractsfor sale or lease of land for periods in excess of 1 year void unless inwriting.

NRS 111.220 Agreementsnot in writing: When void.

NRS 111.235 Grantsand assignments of existing trusts to be in writing or are void.

VOIDABLE RESTRICTIONS AND PROHIBITIONS

NRS 111.237 Prohibitionor restriction based on race, color, religion, ancestry or national origin.

NRS 111.238 Prohibitionon display of flag of the United States on property.

NRS 111.239 Prohibitionor restriction on use of system for obtaining solar or wind energy on property.

ACKNOWLEDGMENT OF INSTRUMENTS

NRS 111.240 Acknowledgmentof conveyances.

NRS 111.265 Personsauthorized to take acknowledgment or proof within State.

RECORDING

NRS 111.310 Instrumentsentitled to recordation; patents need not be acknowledged.

NRS 111.312 Requirementsfor recording certain documents relating to real property.

NRS 111.315 Recordingof conveyances and instruments: Notice to third persons.

NRS 111.320 Filingof conveyances or other instruments is notice to all persons: Effect onsubsequent purchasers and mortgagees.

NRS 111.325 Unrecordedconveyances void as against subsequent bona fide purchaser for value whenconveyance recorded.

NRS 111.340 Certificateof acknowledgment and record may be rebutted.

NRS 111.345 Prooftaken upon oath of incompetent witness: Instrument not admissible untilestablished by competent proof.

NRS 111.347 Recordingdefective instrument: Notice to subsequent purchasers; admissibility inevidence.

NRS 111.350 Conveyancesor other instruments recorded before December 17, 1862: Notice to subsequentpurchasers; certified copies as evidence.

NRS 111.353 Recordingof master form mortgages and deeds of trust; incorporation of provisions byreference in subsequently recorded instruments.

NRS 111.355 Recordationof only part of instrument under certain conditions.

NRS 111.365 Recordingaffidavit of death of joint tenant or spouse holding community property withright of survivorship creates disputable presumption title vested in survivor;county recorder to send information contained in affidavits monthly to Departmentof Health and Human Services.

EASEMENT FOR COLLECTION OF SOLAR ENERGY

NRS 111.370 Creationof easement by grant; signing, recording and contents of instrument creatingeasement.

NRS 111.375 Vestingof easement; effect of transfer of land.

NRS 111.380 Termination,modification or extinguishment of easement.

EASEMENTS FOR CONSERVATION

NRS 111.390 Generalpurpose.

NRS 111.400 Scope.

NRS 111.410 Definitions.

NRS 111.420 Creation;recording; duration; effect on existing interest in real property.

NRS 111.430 Actionsaffecting easements for conservation.

NRS 111.440 Validity.

ATTORNEYS-IN-FACT AND AGENTS

NRS 111.450 Powerof attorney to convey real property: Acknowledgment; recordation andrevocation.

NRS 111.460 Powerof attorney for disabled principal: Execution; actions binding; accounting toguardian.

NRS 111.470 Powerof attorney for disabled principal: Power not terminated by death, disabilityor incompetence of principal; affidavit of attorney-in-fact or agent asevidence of nonrevocation or nontermination.

REGISTRATION OF SECURITIES IN BENEFICIARY FORM(UNIFORM ACT)

NRS 111.480 Shorttitle; uniformity of application and construction.

NRS 111.490 Definitions.

NRS 111.500 Beneficiarydefined.

NRS 111.510 Beneficiaryform defined.

NRS 111.520 Registerdefined.

NRS 111.530 Registeringentity defined.

NRS 111.540 Securitydefined.

NRS 111.550 Applicability.

NRS 111.560 Personseligible to obtain registration; manner in which multiple owners of registeredsecurities hold title.

NRS 111.570 Validityof registration.

NRS 111.580 Designationof beneficiary required for registration.

NRS 111.590 Wordsor abbreviations indicating registration.

NRS 111.600 Effectof designation of beneficiary on ownership of registered securities;cancellation or modification of registration.

NRS 111.610 Dispositionof registered securities upon death of owner.

NRS 111.620 Transferon death of registered security is contractual and not testamentary; rights ofcreditors.

NRS 111.630 Offeror acceptance of requests for registration by registering entity.

NRS 111.640 Rightof registering entity to establish terms and conditions for receiving andeffectuating registrations; substitution and identification of beneficiaries.

NRS 111.650 Liabilityof registering entity.

_________

 

GENERAL PROVISIONS

NRS 111.010 Definitions. As used in this chapter:

1. Conveyance shall be construed to embrace everyinstrument in writing, except a last will and testament, whatever may be itsform, and by whatever name it may be known in law, by which any estate orinterest in lands is created, aliened, assigned or surrendered.

2. Estate and interest in lands shall be construedand embrace every estate and interest, present and future, vested andcontingent, in lands as defined in subsection 3.

3. Lands shall be construed as coextensive inmeaning with lands, tenements and hereditaments, and shall include in itsmeaning all possessory right to the soil for mining and other purposes.

[74:9:1861; B 302; BH 2643; C 2713; RL 1088;NCL 1545] + [75:9:1861; B 303; BH 2644; C 2714; RL 1089; NCL 1546]

NRS 111.015 Powerof court to compel specific performance not abridged. Nothingcontained in this chapter shall be construed to abridge the powers of courts tocompel the specific performance of agreements in cases of part performance ofsuch agreements.

[59:9:1861; B 287; BH 2628; C 2698; RL 1073;NCL 1531]

NRS 111.020 Instrumentsmay be subscribed by lawful agents. Everyinstrument required by any of the provisions of this chapter to be subscribedby any party, may be subscribed by the lawful agent of such party.

[68:9:1861; B 296; BH 2637; C 2707; RL 1082;NCL 1539]

NRS 111.025 Conveyancesvoid against purchasers are void against their heirs or assigns. Every conveyance, charge, instrument or proceedingdeclared to be void by the provisions of this chapter, as against purchasers,shall be equally void as against the heirs, successors, personalrepresentatives or assigns of such purchasers.

[71:9:1861; B 299; BH 2640; C 2710; RL 1085;NCL 1542](NRS A 1959, 418)

NRS 111.040 Validityof conveyances made before December 2, 1861. Allconveyances of real property made, acknowledged or proved prior to December 2,1861, according to the laws in force at the time of the making, acknowledgmentor proof, shall have the same force as evidence, and be recorded in the samemanner and with like effect as conveyances executed and acknowledged inpursuance of this chapter.

[39:9:1861; B 267; BH 2608; C 2678; RL 1053;NCL 1511]

NRS 111.045 Legalityof conveyances executed before December 2, 1861, depends on laws and customs ofmining and agricultural districts. Thelegality of the execution, acknowledgment, proof, form or record of anyconveyance, or other instrument made, executed, acknowledged, proved orrecorded prior to December 2, 1861, shall not be affected by anything containedin this chapter, but shall depend for its validity or legality upon the lawsand customs then in existence and in force in the mining and agriculturaldistricts.

[40:9:1861; B 268; BH 2609; C 2679; RL 1054;NCL 1512]

NRS 111.050 Chapternot to be construed to conflict with lawful mining rules, regulations andcustoms. This chapter shall not be soconstrued as to interfere or conflict with the lawful mining rules, regulationsor customs in regard to the locating, holding or forfeiture of claims, but, inall cases of mortgages of mining interests under this chapter, the mortgageeshall have the right to perform the same acts that the mortgagor might haveperformed for the purpose of preventing a forfeiture of the same under therules, regulations or customs of mines, and shall be allowed such compensationtherefor as shall be deemed just and equitable by the court ordering the saleupon a foreclosure. Compensation shall, in no case, exceed the amount realizedfrom the claim by a foreclosure and sale.

[77:9:1861; B 305; BH 2646; C 2716; RL 1091;NCL 1548]

ESTATES IN PROPERTY

NRS 111.055 Nonresidentaliens, persons and corporations may hold real property.

1. Any nonresident alien, person or corporation maytake, hold and enjoy any real property or any interest in lands, tenements orhereditaments within the State of Nevada as fully, freely, and upon the sameterms and conditions as any resident citizen, person or domestic corporation.

2. Nothing contained in this section shall be soconstrued as to confer any other or further rights under the statutes oflimitation than those at present existing.

[1:43:1879; A 1947, 270; 1943 NCL 6365] +[3:43:1879; BH 2657; C 2727; RL 3603; NCL 6366]

NRS 111.060 Tenancyin common: Definition. Every interest in realproperty granted or devised to two or more persons, other than executors andtrustees, as such, shall be a tenancy in common, unless expressly declared inthe grant or devise to be a joint tenancy.

[41:9:1861; B 269; BH 2610; C 2680; RL 1055;NCL 1513]

NRS 111.063 Tenancyin common: Creation. Tenancy in common in realor personal property may be created by a single conveyance from a husband andwife holding title as joint tenants to themselves, or to themselves and others,or to one of them and others, when such conveyance expressly declares that thegrantees thereunder are tenants in common.

(Added to NRS by 1965, 619)

NRS 111.064 Tenancyin common or estate in community property: Creation; right of survivorship.

1. Estates as tenants in common or estates incommunity property may be created by conveyance from husband and wife tothemselves or to themselves and others or from a sole owner to himself andothers in the same manner as a joint tenancy may be created.

2. A right of survivorship does not arise when anestate in community property is created in a husband and wife, as such, unlessthe instrument creating the estate expressly declares that the husband and wifetake the property as community property with a right of survivorship. Thisright of survivorship is extinguished whenever either spouse, during themarriage, transfers his interest in the community property.

(Added to NRS by 1965, 618; A 1981, 1377)

NRS 111.065 Jointtenancy in real and personal property: Creation.

1. Joint tenancy in real property may be created by asingle will or transfer when expressly declared in the will or transfer to be ajoint tenancy, or by transfer from a sole owner to himself and others, or fromtenants in common to themselves, or to themselves and others, or to one of themand others, or from a husband and wife when holding title as community propertyor otherwise to themselves, or to themselves and others, or to one of them andothers, when expressly declared in the transfer to be a joint tenancy, or whengranted or devised to executors or trustees as joint tenants.

2. A joint tenancy in personal property may be createdby a written transfer, agreement or instrument.

[1:21:1939; 1931 NCL 3710](NRS A 1965, 619)

NRS 111.070 Feesimple: Words of inheritance not necessary.

1. The term heirs, or other words of inheritance,shall not be necessary to create or convey an estate in fee simple.

2. Every conveyance of any real property hereafterexecuted shall pass all the estate of the grantor, unless the intent to pass aless estate shall appear by express terms, or be necessarily implied in theterms of the grant.

[42:9:1861; B 270; BH 2611; C 2681; RL 1056;NCL 1514]

NRS 111.075 Heiror issue in remainders. Where a remainder inlands or tenements, goods or chattels shall be limited by deed or otherwise, totake effect on the death of any person without heirs, or heirs of his or herbody, or without issue, the word heir, or issue, shall be construed to meanheirs or issue living at the death of the person named as ancestor.

[43:9:1861; B 271; BH 2612; C 2682; RL 1057;NCL 1515]

NRS 111.080 Contingentfuture interest: Defeat on birth of posthumous child. Afuture estate, depending on the contingency of the death of any person withoutheirs or issue, or children, shall be defeated by the birth of a posthumouschild of such person capable of taking by descent.

[44:9:1861; B 272; BH 2613; C 2683; RL 1058;NCL 1516]

NRS 111.085 Estatestail: Enjoyment by posthumous child. Where anestate shall be any conveyance limited, in remainder, to the son or daughter orissue, or to use of the son or daughter or issue of any person to be begotten,such son or daughter or issue, born after the decease of his or her father,shall take the estate in the same proportion, and in the same manner, as if heor she had been born in the lifetime of the father, although no estate shallhave been created or conveyed to support the contingent remainder after hisdeath.

[45:9:1861; B 273; BH 2614; C 2684; RL 1059;NCL 1517]

NRS 111.090 Grantsof rents, reversions and remainders effective without attornments of tenants. Grants of rents, or of reversions, or remainders, shall begood and effectual without attornments of the tenants; but no tenant who,before notice of the grant, shall have paid rent to the grantor shall sufferany damage thereby.

[46:9:1861; B 274; BH 2615; C 2685; RL 1060;NCL 1518]

NRS 111.095 Whenattornment of tenant void. The attornment of atenant to a stranger shall be void unless it be with the consent of thelandlord of such tenant, or in pursuance to, or in consequence of, a judgmentor decree of some court of competent jurisdiction.

[47:9:1861; B 275; BH 2616; C 2686; RL 1061;NCL 1519]

NRS 111.100 Linealand collateral warranties abolished. Linealand collateral warranties, with all their incidents, are abolished; but theheirs and devisees of every person who shall have made any covenant oragreement in reference to the title of, in or to any real property, shall beanswerable upon such covenant or agreement to the extent of the land descendedor devised to them, in the cases and in the manner prescribed by law.

[48:9:1861; B 276; BH 2617; C 2687; RL 1062;NCL 1520](NRS A 1959, 418)

NRS 111.101 Abolishmentof Rule in Shelleys Case. If land is grantedor devised to a person and after his death to his heirs or the heirs of hisbody, regardless of how the grant or devise is expressed, an estate for lifevests in that person and his heirs take the remainder pursuant to the grant ordevise and not through that person. The purpose of this section is to abolishthe Rule in Shelleys Case.

(Added to NRS by 1983, 927)

NRS 111.102 Abolishmentof doctrine of destructibility of contingent remainders. A contingent remainder is not destroyed by the terminationof the preceding estate before the satisfaction of the condition upon which theremainder is contingent. If the condition is subsequently satisfied, theremainder takes effect in the same manner as a springing or shifting executoryinterest. The purpose of this section is to abolish the doctrine of thedestructibility of contingent remainders.

(Added to NRS by 1983, 928)

RULE AGAINST PERPETUITIES (UNIFORM ACT)

NRS 111.103 Shorttitle; uniformity of application and construction. NRS 111.103 to 111.1039, inclusive:

1. May be cited as the Uniform Statutory Rule AgainstPerpetuities; and

2. Must be applied and construed to effectuate theirgeneral purpose to make uniform the law with respect to their subject amongstates enacting the Uniform Statutory Rule Against Perpetuities.

(Added to NRS by 1983, 928; A 1987, 64)

NRS 111.1031 Statutoryrule against perpetuities.

1. A nonvested property interest is invalid unless:

(a) When the interest is created, it is certain to vestor terminate no later than 21 years after the death of a natural person thenalive; or

(b) The interest either vests or terminates within 365years after its creation.

2. A general power of appointment not presentlyexercisable because of a condition precedent is invalid unless:

(a) When the power is created, the condition precedentis certain to be satisfied or become impossible to satisfy no later than 21years after the death of a natural person then alive; or

(b) The condition precedent either is satisfied orbecomes impossible to satisfy within 365 years after its creation.

3. A nongeneral power of appointment or a generaltestamentary power of appointment is invalid unless:

(a) When the power is created, it is certain to beirrevocably exercised or otherwise to terminate no later than 21 years after thedeath of a natural person then alive; or

(b) The power is irrevocably exercised or otherwiseterminates within 365 years after its creation.

4. In determining whether a nonvested propertyinterest or a power of appointment is valid under paragraph (a) of subsection1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, thepossibility that a child will be born to a person after his or her death isdisregarded.

5. If, in measuring a period from the creation of atrust or other property arrangement, language in a governing instrument seeksto disallow the vesting or termination of any interest or trust beyond, seeksto postpone the vesting or termination of any interest or trust until, or seeksto operate in effect in any similar fashion upon, the later of:

(a) The expiration of a period of time not exceeding 21years after the death of the survivor of specified lives in being at thecreation of the trust or other property arrangement; or

(b) The expiration of a period of time that exceeds ormight exceed 21 years after the death of the survivor of lives in being at thecreation of the trust or other property arrangement,

thatlanguage is inoperative to the extent it produces a period of time that exceeds21 years after the death of the survivor of the specified lives.

(Added to NRS by 1987, 62; A 1991, 116; 2005, 537, 959)

NRS 111.1033 Whennonvested property interest or power of appointment created.

1. Except as provided in subsections 2 and 3 and insubsection 1 of NRS 111.1039, the timeof creation of a nonvested property interest or a power of appointment isdetermined under general principles of property law.

2. For purposes of NRS111.103 to 111.1039, inclusive, ifthere is a person who alone can exercise a power created by a governinginstrument to become the unqualified beneficial owner of:

(a) A nonvested property interest; or

(b) A property interest subject to a power ofappointment described in subsection 2 or 3 of NRS 111.1031,

thenonvested property interest or power of appointment is created when the powerto become the unqualified beneficial owner terminates. For purposes of NRS 111.103 to 111.1039, inclusive, a joint power withrespect to community property held by persons married to each other is a powerexercisable by one person alone.

3. For purposes of NRS111.103 to 111.1039, inclusive, anonvested property interest or a power of appointment arising from a transferof property to a previously funded trust or other existing property arrangementis created when the nonvested property interest or power of appointment in theoriginal contribution was created.

(Added to NRS by 1987, 63)

NRS 111.1035 Reformation. Upon the petition of an interested person, a court shallreform a disposition in the manner that most closely approximates thetransferors manifested plan of distribution and is within the 365 yearsallowed by paragraph (b) of subsection 1, paragraph (b) of subsection 2 orparagraph (b) of subsection 3 of NRS111.1031 if:

1. A nonvested property interest or a power ofappointment becomes invalid under NRS111.1031;

2. A class gift is not but might become invalid under NRS 111.1031 and the time has arrived whenthe share of any class member is to take effect in possession or enjoyment; or

3. A nonvested property interest that is not validatedby paragraph (a) of subsection 1 of NRS111.1031 can vest but not within 365 years after its creation.

(Added to NRS by 1987, 63; A 2005, 538, 960)

NRS 111.1037 Exclusionsfrom statutory rule against perpetuities. NRS 111.1031 does not apply to:

1. A nonvested property interest or a power ofappointment arising out of a nondonative transfer, except a nonvested propertyinterest or a power of appointment arising out of:

(a) A premarital or postmarital agreement;

(b) A separation or divorce settlement;

(c) A spouses election;

(d) A similar arrangement arising out of a prospective,existing or previous marital relationship between the parties;

(e) A contract to make or not to revoke a will ortrust;

(f) A contract to exercise or not to exercise a powerof appointment;

(g) A transfer in satisfaction of a duty of support; or

(h) A reciprocal transfer;

2. A fiduciarys power relating to the administrationor management of assets, including the power of a fiduciary to sell, lease ormortgage property, and the power of a fiduciary to determine principal andincome;

3. A power to appoint a fiduciary;

4. A discretionary power of a trustee to distributeprincipal before termination of a trust to a beneficiary having an indefeasiblyvested interest in the income and principal;

5. A nonvested property interest held by a charity,government, or governmental agency or subdivision, if the nonvested propertyinterest is preceded by an interest held by another charity, government, orgovernmental agency or subdivision;

6. A nonvested property interest in or a power ofappointment with respect to a trust or other property arrangement forming partof a pension, profit-sharing, stock bonus, health, disability, death benefit,income deferral, or other current or deferred benefit plan for one or moreemployees, independent contractors, or their beneficiaries or spouses, to whichcontributions are made for the purpose of distributing to or for the benefit ofthe participants or their beneficiaries or spouses the property, income orprincipal in the trust or other property arrangement, except a nonvestedproperty interest or a power of appointment that is created by an election of aparticipant or a beneficiary or spouse; or

7. A property interest, power of appointment orarrangement that was not subject to the common-law rule against perpetuities oris expressly excluded by another statute of this state.

(Added to NRS by 1987, 63)

NRS 111.1039 Prospectiveapplication.

1. Except as extended by subsection 2, NRS 111.103 to 111.1037, inclusive, apply to a nonvestedproperty interest or a power of appointment that is created on or after July 1,1987. For purposes of this section only, a nonvested property interest or apower of appointment created by the exercise of a power of appointment iscreated when the power is irrevocably exercised or when a revocable exercisebecomes irrevocable.

2. With respect to a nonvested property interest or apower of appointment that was created before July 1, 1987, and that violatesthe rule against perpetuities as that rule existed before that date, a court,upon the petition of an interested person, may exercise its equitable power toreform the disposition in the manner that most closely approximates thetransferors manifested plan of distribution and is within the limits of therule against perpetuities applicable when the nonvested property interest orpower of appointment was created.

(Added to NRS by 1987, 64)

CONVEYANCING; STATUTE OF FRAUDS

NRS 111.105 Conveyancesby deed. Conveyances of lands, or of anyestate or interest therein, may be made by deed, signed by the person from whomthe estate or interest is intended to pass, being of lawful age, or by hislawful agent or attorney, and acknowledged or proved, and recorded, as directedin this chapter.

[1:9:1861; B 228; BH 2569; C 2639; RL 1017;NCL 1475]

NRS 111.109 Conveyanceby deed which becomes effective upon death of grantor.

1. The owner of an interest in real property may createa deed that conveys his interest in real property to a grantee which becomeseffective upon the death of the owner. Such a conveyance is subject to liens onthe property in existence on the date of the death of the owner.

2. The owner of an interest in real property whocreates a deed pursuant to subsection 1 may designate in the deed:

(a) Multiple grantees who will take title to theproperty upon his death as joint tenants with right of survivorship, tenants incommon, husband and wife as community property, community property with rightof survivorship or any other tenancy that is recognized in this State.

(b) A grantee or multiple grantees who will take titleto the property upon his death as the sole and separate property of the granteeor grantees without the necessity of the filing of a quitclaim deed ordisclaimer by the spouse of any grantee.

3. If the owner of the real property which is thesubject of a deed created pursuant to subsection 1 holds the interest in theproperty as a joint tenant with right of survivorship or as community propertywith the right of survivorship and:

(a) The deed includes a conveyance of the interest fromeach of the other owners, the deed becomes effective on the date of the deathof the last surviving owner; or

(b) The deed does not include a conveyance of theinterest from each of the other owners, the deed becomes effective on the dateof the death of the owner who created the deed only if the owner who conveyedhis interest in real property to the grantee is the last surviving owner.

4. If an owner of an interest in real property whocreates a deed pursuant to subsection 1 transfers his interest in the realproperty to another person during his lifetime, the deed created pursuant tosubsection 1 is void.

5. If an owner of an interest in real property whocreates a deed pursuant to subsection 1 executes and records more than one deedconcerning the same real property, the deed that is last recorded before thedeath of the owner is the effective deed.

6. A deed created pursuant to subsection 1 is validonly if executed and recorded as provided by law in the office of the countyrecorder of the county in which the property is located before the death of theowner or the death of the last surviving owner. The deed must be insubstantially the following form:

 

DEED

 

I (We) ......................... (owner) hereby convey to.......................... (grantee), effective on my (our) death, thefollowing described real property:

(Legal Description)

 

THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANYOWNERSHIP UNTIL THE DEATH OF THE GRANTOR. THIS DEED REVOKES ALL PRIOR DEEDS BYTHE GRANTOR WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO SUBSECTION 1 OF NRS 111.109 REGARDLESS OF WHETHER THE PRIORDEEDS FAILED TO CONVEY THE GRANTORS ENTIRE INTEREST IN THE SAME REAL PROPERTY.

 

.......................................................

(Signatureof Grantor)

 

7. A deed created pursuant to subsection 1 may berevoked at any time by the owner or, if there is more than one owner, by any ofthe owners who created the deed. The revocation is valid only if executed andrecorded as provided by law in the office of the county recorder of the countyin which the property is located before the death of the owner who executes therevocation. If the property is held as joint tenants with right of survivorshipor as community property with the right of survivorship and the revocation isnot executed by all of the owners, the revocation does not become effective unlessthe revocation is executed and recorded by the last surviving owner. Therevocation of deed must be in substantially the following form:

 

REVOCATION OF DEED

 

The undersigned hereby revokes the deed recorded on.................. (date), in docket or book ....................., at page.........., or instrument number ...................., records of........................... County, Nevada.

.............................................................................................................

(Date) (Signature)

 

8. Upon the death of the last grantor of a deedcreated pursuant to subsection 1, a declaration of value of real propertypursuant to NRS 375.060 and a copy ofthe death certificate of each grantor must be attached to a Death of GrantorAffidavit and recorded in the office of the county recorder where the deed wasrecorded. The Death of Grantor Affidavit must be in substantially the followingform:

 

DEATH OF GRANTORAFFIDAVIT

 

.................................... (affiant name), beingduly sworn, deposes and says that ............................... (name ofdeceased), the decedent mentioned in the attached certified copy of theCertificate of Death, is the same person as ....................................(name of grantor), named as the grantor or as one of the grantors in the deed recordedon ................... (date), in docket or book ........................., atpage .........., or instrument number ...................., records of ............................County, Nevada, covering the following described property:

(Legal Description)

.................................... (affiant name) is thegrantee or at least one of the grantees to whom the real property is conveyedupon the death of the grantor ................................ (name ofdeceased) or is the authorized representative of the grantee or at least one ofthe grantees.

.............................................................................................................

(Date) (Signature)

 

9. The provisions of this section must not beconstrued to limit the recovery of benefits paid for Medicaid.

(Added to NRS by 2003, 2507; A 2005, 960)

NRS 111.115 Proofof execution of conveyance. The proof of theexecution of any conveyance, whereby any real property is conveyed, or may beaffected, shall be:

1. By the testimony of a subscribing witness; or

2. When all the subscribing witnesses are dead, orcannot be had, by evidence of the handwriting of the party, and of at least onesubscribing witness, given by a credible witness to each signature.

[10:9:1861; B 238; BH 2579; C 2649; RL 1027;NCL 1485]

NRS 111.120 Conditionsnecessary before proof by subscribing witness can be taken. No proof by a subscribing witness shall be taken unlessthe witness shall be personally known to the person taking the proof to be theperson whose name is subscribed to the conveyance as witness thereto, or shallbe proved to be such by the oath or affirmation of a credible witness.

[11:9:1861; B 239; BH 2580; C 2650; RL 1028;NCL 1486]

NRS 111.125 Proofrequired from subscribing witnesses. Nocertificate of proof shall be granted unless subscribing witnesses shall prove:

1. That the person whose name is subscribed thereto asa party is the person described in, and who executed the same.

2. That such person executed the conveyance.

3. That such witness subscribed his name thereto as awitness thereof.

[12:9:1861; B 240; BH 2581; C 2651; RL 1029;NCL 1487]

NRS 111.130 Contentsof certificate of proof. The certificate ofproof shall set forth the following matters:

1. The fact that the subscribing witness waspersonally known to the person granting the certificate to be the person whosename is subscribed to such conveyance as a witness thereto, or was proved to besuch by oath or affirmation of a witness, whose name shall be inserted in thecertificate.

2. The proof given by such witness of the execution ofsuch conveyance, and of the fact that the person whose name is subscribed tosuch conveyance as a party thereto is the person who executed the same, andthat such witness subscribed his name to such conveyance as a witness thereof.

[13:9:1861; B 241; BH 2582; C 2652; RL 1030;NCL 1488]

NRS 111.135 Whenproof by evidence of handwriting may be taken. Noproof by evidence of the handwriting of the party, and of a subscribingwitness, shall be taken, unless the person taking the same shall be satisfiedthat all the subscribing witnesses to the conveyance are dead, or cannot be hadto prove the execution thereof.

[14:9:1861; B 242; BH 2583; C 2653; RL 1031;NCL 1489]

NRS 111.140 Statementsof witnesses under oath before certificate granted. Nocertificate of any such proof shall be granted unless:

1. A competent and credible witness shall state, onoath or affirmation, that he personally knew the person whose name issubscribed thereto as a party, well knew his signature (stating his means ofknowledge), and believes the name of the person subscribed thereto as a partywas subscribed by such person.

2. A competent and credible witness shall, in likemanner, state that he personally knew the person whose name is subscribed tosuch conveyance as a witness, well knew his signature (stating his means ofknowledge), and believes the name subscribed thereto as a witness was theretosubscribed by such person.

[15:9:1861; B 243; BH 2584; C 2654; RL 1032;NCL 1490]

NRS 111.145 Witnessesto conveyance may be subpoenaed. Upon theapplication of any grantee in any conveyance required by this chapter to berecorded, or by any person claiming under such grantee, verified under the oathof the applicant, that any witness to such conveyance, residing in the countywhere such application is made, refuses to appear and testify touching theexecution thereof, and that such conveyance cannot be proved without hisevidence, any person authorized to take the acknowledgment or proof of suchconveyance may issue a subpoena requiring such witness to appear before suchperson and testify touching the execution thereof.

[16:9:1861; B 244; BH 2585; C 2655; RL 1033;NCL 1491]

NRS 111.150 Penaltyfor failure of witness to appear when subpoenaed.

1. Every person who, being served with a subpoena,shall, without reasonable cause, refuse or neglect to appear, or appearingshall refuse to answer upon oath touching the matters stated in NRS 111.145:

(a) Shall be liable to the party injured in the sum of$100, and for such damages as may be sustained by him on account of suchneglect or refusal; and

(b) May be committed to jail by the judge of some courtof record, there to remain, without bail, until he shall submit to answer uponoath as stated aforesaid.

2. No person shall be required to attend who residesout of the county in which the proof is to be taken, nor unless his reasonableexpenses shall have been first tendered to him.

[17:9:1861; B 245; BH 2586; C 2656; RL 1034;NCL 1492]

NRS 111.155 Conveyanceacknowledged or proved may be read in evidence. Everyconveyance, or other instrument, conveying or affecting real property, whichshall be acknowledged, or proved and certified, as prescribed in this chapter,may, together with the certificate of acknowledgment, or proof, be read inevidence without further proof.

[29:9:1861; B 257; BH 2598; C 2668; RL 1043;NCL 1501]

NRS 111.160 After-acquiredtitle passes to grantee. If any person shallconvey any real property, by conveyance purporting to convey the same in fee simpleabsolute, and shall not at the time of such conveyance have the legal estate insuch real property but shall afterward acquire the same, the legal estatesubsequently acquired shall immediately pass to the grantee, and suchconveyance shall be valid as if such legal estate had been in the grantor atthe time of the conveyance.

[33:9:1861; B 261; BH 2602; C 2672; RL 1047;NCL 1505]

NRS 111.165 Adversepossession does not prevent sale and conveyance. Anyperson claiming title to any real property may, notwithstanding there may be anadverse possession thereof, sell and convey his interest therein in the samemanner and with the same effect as if he was in actual possession thereof.

[34:9:1861; B 262; BH 2603; C 2673; RL 1048;NCL 1506]

NRS 111.167 Presumptionof conveyance with land: Water rights, permits, certificates and applicationsappurtenant to land. Unless the deed conveyingland specifically provides otherwise, all:

1. Applications and permits to appropriate any of thepublic waters;

2. Certificates of appropriation;

3. Adjudicated or unadjudicated water rights; and

4. Applications or permits to change the place ofdiversion, manner of use or place of use of water,

which areappurtenant to the land are presumed to be conveyed with the land.

(Added to NRS by 1995, 438)

NRS 111.170 Constructionof words grant, bargain and sell in conveyances; suit upon covenants.

1. The words grant, bargain and sell in allconveyances made after December 2, 1861, in and by which any estate ofinheritance or fee simple is to be passed, shall, unless restrained by expressterms contained in such conveyances, be construed to be the following expresscovenants, and none other, on the part of the grantor, for himself and hisheirs to the grantee, his heirs, and assigns:

(a) That previous to the time of the execution of theconveyance the grantor has not conveyed the same real property, or any right,title, or interest therein, to any person other than the grantee.

(b) That the real property is, at the time of theexecution of the conveyance, free from encumbrances, done, made or suffered bythe grantor, or any person claiming under him.

2. Such covenants may be sued upon in the same manneras if they had been expressly inserted in the conveyance.

[49:9:1861; B 277; BH 2618; C 2688; RL 1063;NCL 1521]

NRS 111.175 Conveyancesmade to defraud prior or subsequent purchasers are void. Every conveyance of any estate, or interest in lands, orthe rents and profits of lands, and every charge upon lands, or upon the rentsand profits thereof, made and created with the intent to defraud prior orsubsequent purchasers for a valuable consideration of the same lands, rents orprofits, as against such purchasers, shall be void.

[50:9:1861; B 278; BH 2619; C 2689; RL 1064;NCL 1522](NRS R 1959, 418; reenacted 1960, 324)

NRS 111.180 Conveyancenot deemed fraudulent in favor of subsequent purchaser with notice unlessgrantee privy to fraud. No such conveyance, orcharge, shall be deemed fraudulent in favor of a subsequent purchaser who shallhave legal notice thereof at the time of his purchase, unless it shall appearthat the grantee in such conveyance, or person to be benefited by such charge,was privy to the fraud intended.

[51:9:1861; B 279; BH 2620; C 2690; RL 1065;NCL 1523](NRS R 1959, 418; reenacted 1960, 324)

NRS 111.185 Powerof revocation at will. Every conveyance orcharge of or upon any estate or interest in lands, containing any provision forthe revocation, determination or alteration of such estate or interest, or anypart thereof, at the will of the grantor, shall be void, as against subsequentpurchasers from the grantor for a valuable consideration, of any estate orinterest, so liable to be revoked or determined, although the same be notdirectly revoked, determined or altered by the grantor, by virtue of the powerreserved, or expressed in such prior conveyance or charge.

[52:9:1861; B 280; BH 2621; C 2691; RL 1066;NCL 1524]

NRS 111.190 Revocationand reconveyance. Where a power to revoke aconveyance of lands, or the rents and profits thereof, and to reconvey thesame, shall be given to any person other than the grantor in such conveyance,and such person shall thereafter convey the same lands, rents or profits to apurchaser for a valuable consideration, such subsequent conveyance shall bevalid in the same manner, and to the same extent, as if the power of revocationwere recited therein, and the intent to revoke the former conveyance expresslydeclared.

[53:9:1861; B 281; BH 2622; C 2692; RL 1067;NCL 1525]

NRS 111.195 Effectof conveyance made before power of revocation can be exercised. If a conveyance to a purchaser, under either NRS 111.185 or 111.190, shall be made before the personmaking the same shall be entitled to execute his power of revocation, it shall,nevertheless, be valid from the time the power of revocation shall actuallyvest in such person, in the same manner, and to the same extent, as if thenmade.

[54:9:1861; B 282; BH 2623; C 2693; RL 1068;NCL 1526]

NRS 111.200 Limitationson terms of leases.

1. No agricultural or grazing lands within the stateshall hereafter be conveyed for agricultural or grazing purposes by lease orotherwise, except in fee and perpetual succession, for a longer period than 25years.

2. No other lands or real property shall be soconveyed for a longer period than 99 years.

3. All leases hereafter made contrary to theprovisions of this chapter shall be void as to any periods of time in excess ofthose enumerated in subsections 1 and 2.

[78:9:1861; A 1923, 314; 1929, 364; 1951, 237](NRS A1959, 96; 1963, 60)

NRS 111.205 Noestate created in land unless by operation of law or written conveyance; leasesfor terms not exceeding 1 year.

1. No estate or interest in lands, other than forleases for a term not exceeding 1 year, nor any trust or power over orconcerning lands, or in any manner relating thereto, shall be created, granted,assigned, surrendered or declared after December 2, 1861, unless by act oroperation of law, or by deed or conveyance, in writing, subscribed by the partycreating, granting, assigning, surrendering or declaring the same, or by hislawful agent thereunto authorized in writing.

2. Subsection 1 shall not be construed to affect inany manner the power of a testator in the disposition of his real property by alast will and testament, nor to prevent any trust from arising or beingextinguished by implication or operation of law.

[55:9:1861; B 283; BH 2624; C 2694; RL 1069;NCL 1527] + [56:9:1861; B 284; BH 2625; C 2695; RL 1070; NCL 1528]

NRS 111.210 Contractsfor sale or lease of land for periods in excess of 1 year void unless inwriting.

1. Every contract for the leasing for a longer periodthan 1 year, or for the sale of any lands, or any interest in lands, shall bevoid unless the contract, or some note or memorandum thereof, expressing theconsideration, be in writing, and be subscribed by the party by whom the leaseor sale is to be made.

2. Every instrument required to be subscribed by anyperson under subsection 1 may be subscribed by the agent of the party lawfullyauthorized.

[57:9:1861; B 285; BH 2626; C 2696; RL 1071;NCL 1529] + [58:9:1861; B 286; BH 2627; C 2697; RL 1072; NCL 1530]

NRS 111.220 Agreementsnot in writing: When void. In the followingcases every agreement is void, unless the agreement, or some note or memorandumthereof expressing the consideration, is in writing, and subscribed by theperson charged therewith:

1. Every agreement that, by the terms, is not to beperformed within 1 year from the making thereof.

2. Every special promise to answer for the debt,default or miscarriage of another.

3. Every promise or undertaking made upon considerationof marriage, except mutual promises to marry.

4. Every promise or commitment to loan money or togrant or extend credit in an original principal amount of at least $100,000made by a person engaged in the business of lending money or extending credit.

5. Every promise or commitment to pay a fee forobtaining a loan of money or an extension of credit for another person if thefee is $1,000 or more.

[61:9:1861; B 289; BH 2630; C 2700; RL 1075;NCL 1533](NRS A 1989, 285)

NRS 111.235 Grantsand assignments of existing trusts to be in writing or are void. Every grant or assignment of any existing trust in lands,goods or things in action, unless the same shall be in writing, subscribed bythe person making the same, or by his agent lawfully authorized, shall be void.

[70:9:1861; B 298; BH 2639; C 2709; RL 1084;NCL 1541]

VOIDABLE RESTRICTIONS AND PROHIBITIONS

NRS 111.237 Prohibitionor restriction based on race, color, religion, ancestry or national origin.

1. Every provision in a written instrument relating toreal property which purports to forbid or restrict the conveyance, encumbrance,leasing or mortgaging of such real property to any person of a specified race,color, religion, ancestry or national origin is voidable by the grantee, hissuccessors and assigns in the manner prescribed in subsection 3 and everyrestriction or prohibition as to the use or occupation of real property becauseof the users or occupiers race, color, religion, ancestry or national originis voidable by the grantee, his successors and assigns in the manner prescribedin subsection 3.

2. Every restriction or prohibition, whether by way ofcovenant, condition upon use or occupation, or upon transfer of title to realproperty, which restriction or prohibition directly or indirectly limits theacquisition, use or occupation of such property because of the acquirers,users or occupiers race, color, religion, ancestry or national origin isvoidable by the grantee, his successors and assigns in the manner prescribed insubsection 3.

3. The owner or owners of any real property subject toany restriction or prohibition specified in subsections 1 and 2 may record anaffidavit declaring such restrictions or prohibitions to be void in the officeof the county recorder in which such real property is located, and suchrecording shall operate to remove such restrictions or prohibitions.

(Added to NRS by 1965, 763)

NRS 111.238 Prohibitionon display of flag of the United States on property.

1. Except as otherwise provided in subsection 2, anycovenant, condition or restriction contained in a deed, contract or other legalinstrument which affects the transfer, sale or any other interest in realproperty that prohibits the owner of the property from engaging in the displayof the flag of the United States on his property is void and unenforceable.

2. The provisions of this section do not apply to thedisplay of the flag of the United States for commercial advertising purposes.

3. In any action commenced to enforce the provisionsof this section, the prevailing party is entitled to recover reasonableattorneys fees and costs.

4. As used in this section, display of the flag ofthe United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4U.S.C. chapter 1.

The termdoes not include a depiction or emblem of the flag of the United States that ismade of balloons, flora, lights, paint, paving materials, roofing, siding orany other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2966)

NRS 111.239 Prohibitionor restriction on use of system for obtaining solar or wind energy on property.

1. Any covenant, restriction or condition contained ina deed, contract or other legal instrument which affects the transfer, sale orany other interest in real property that prohibits or unreasonably restrictsthe owner of the property from using a system for obtaining solar or windenergy on his property is void and unenforceable.

2. For the purposes of this section, unreasonablyrestricts the use of a system for obtaining solar or wind energy means placinga restriction or requirement on the use of such a system which significantlydecreases the efficiency or performance of the system and does not allow forthe use of an alternative system at a comparable cost and with comparableefficiency and performance.

(Added to NRS by 1995, 1105; A 2005, 1819)

ACKNOWLEDGMENT OF INSTRUMENTS

NRS 111.240 Acknowledgmentof conveyances. Every conveyance in writingwhereby any real property is conveyed or may be affected must be acknowledgedor proved and certified in the manner provided in this chapter and in NRS 240.161 to 240.169, inclusive.

[3:9:1861; B 230; BH 2571; C 2641; RL 1019;NCL 1477](NRS A 1993, 204)

NRS 111.265 Personsauthorized to take acknowledgment or proof within State. The proof or acknowledgment of every conveyance affectingany real property, if acknowledged or proved within this State, must be takenby one of the following persons:

1. A judge or a clerk of a court having a seal.

2. A notary public.

3. A justice of the peace.

[Part 4:9:1861; A 1867, 103; B 231; BH 2572; C 2642; RL 1020; NCL 1478](NRS A 1985, 1209; 1987, 123)

RECORDING

NRS 111.310 Instrumentsentitled to recordation; patents need not be acknowledged.

1. Except as otherwise provided in NRS 111.312, a certificate of the acknowledgmentof any conveyance or other instrument in any way affecting the title to real orpersonal property, or the proof of the execution thereof, as provided in thischapter, signed by the person taking the same, and under the seal or stamp ofthat person, if he is required by law to have a seal or stamp, entitles theconveyance or instrument, with the certificate or certificates, to be recordedin the office of the recorder of any county in this state.

2. Any state or United States contract or patent forland may be recorded without any acknowledgment or proof.

[18:9:1861; A 1909, 270; RL 1035; NCL 1493](NRSA 1969, 491; 1989, 1645)

NRS 111.312 Requirementsfor recording certain documents relating to real property.

1. The county recorder shall not record with respectto real property, a notice of completion, a declaration of homestead, a lien ornotice of lien, an affidavit of death, a mortgage or deed of trust, or anyconveyance of real property or instrument in writing setting forth an agreementto convey real property unless the document being recorded contains:

(a) The mailing address of the grantee or, if there isno grantee, the mailing address of the person who is requesting the recording ofthe document; and

(b) Except as otherwise provided in subsection 2, theassessors parcel number of the property at the top left corner of the firstpage of the document, if the county assessor has assigned a parcel number tothe property. The parcel number must comply with the current system fornumbering parcels used by the county assessors office. The county recorder isnot required to verify that the assessors parcel number is correct.

2. Any document relating exclusively to the transferof water rights may be recorded without containing the assessors parcel numberof the property.

3. The county recorder shall not record with respectto real property any deed, including, without limitation:

(a) A grant, bargain or deed of sale;

(b) Quitclaim deed;

(c) Warranty deed; or

(d) Trustees deed upon sale,

unless thedocument being recorded contains the name and address of the person to whom astatement of the taxes assessed on the real property is to be mailed.

4. The assessors parcel number shall not be deemed tobe a complete legal description of the real property conveyed.

5. Except as otherwise provided in subsection 6, if adocument that is being recorded includes a legal description of real propertythat is provided in metes and bounds, the document must include the name andmailing address of the person who prepared the legal description. The countyrecorder is not required to verify the accuracy of the name and mailing addressof such a person.

6. If a document including the same legal descriptiondescribed in subsection 5 previously has been recorded, the document mustinclude all information necessary to identify and locate the previousrecording, but the name and mailing address of the person who prepared thelegal description is not required for the document to be recorded. The countyrecorder is not required to verify the accuracy of the information concerningthe previous recording.

(Added to NRS by 1989, 1645; A 1999, 885; 2001, 478, 1558, 1754; 2003, 53, 55, 2781, 3190)

NRS 111.315 Recordingof conveyances and instruments: Notice to third persons. Every conveyance of real property, and every instrument ofwriting setting forth an agreement to convey any real property, or whereby anyreal property may be affected, proved, acknowledged and certified in the mannerprescribed in this chapter, to operate as notice to third persons, shall be recordedin the office of the recorder of the county in which the real property issituated or to the extent permitted by NRS105.010 to 105.080, inclusive, inthe office of the Secretary of State, but shall be valid and binding betweenthe parties thereto without such record.

[24:9:1861; B 252; BH 2593; C 2663; RL 1038;NCL 1496](NRS A 1995, 891)

NRS 111.320 Filingof conveyances or other instruments is notice to all persons: Effect onsubsequent purchasers and mortgagees. Everysuch conveyance or instrument of writing, acknowledged or proved and certified,and recorded in the manner prescribed in this chapter or in NRS 105.010 to 105.080, inclusive, must from the time offiling the same with the Secretary of State or recorder for record, impartnotice to all persons of the contents thereof; and subsequent purchasers andmortgagees shall be deemed to purchase and take with notice.

[25:9:1861; B 253; BH 2594; C 2664; RL 1039;NCL 1497](NRS A 1995, 891)

NRS 111.325 Unrecordedconveyances void as against subsequent bona fide purchaser for value whenconveyance recorded. Every conveyance of realproperty within this State hereafter made, which shall not be recorded asprovided in this chapter, shall be void as against any subsequent purchaser, ingood faith and for a valuable consideration, of the same real property, or anyportion thereof, where his own conveyance shall be first duly recorded.

[26:9:1861; A 1935, 34; 1931 NCL 1498]

NRS 111.340 Certificateof acknowledgment and record may be rebutted. Neitherthe certificate of the acknowledgment nor of the proof of any conveyance orinstrument, nor the record, nor the transcript of the record, of suchconveyance or instrument, shall be conclusive, but the same may be rebutted.

[31:9:1861; B 259; BH 2600; C 2670; RL 1045;NCL 1503]

NRS 111.345 Prooftaken upon oath of incompetent witness: Instrument not admissible untilestablished by competent proof. If the partycontesting the proof of any conveyance or instrument shall make it appear thatany such proof was taken upon the oath of an incompetent witness, neither suchconveyance or instrument, nor the record thereof, shall be received inevidence, until established by other competent proof.

[32:9:1861; B 260; BH 2601; C 2671; RL 1046;NCL 1504]

NRS 111.347 Recordingdefective instrument: Notice to subsequent purchasers; admissibility inevidence. Any instrument affecting the titleto real property, 3 years after the instrument has been copied into the properbook of record kept in the office of any county recorder, imparts notice of itscontents to subsequent purchasers and encumbrancers, notwithstanding anydefect, omission or informality in the execution of the instrument, or in thecertificate of acknowledgment thereof, or the absence of any such certificate;but nothing herein affects the rights of purchasers or encumbrancers previousto March 27, 1935. When such copying in the proper book of record occurredwithin 5 years prior to the trial of an action, the instrument is notadmissible in evidence unless it is first shown that the original instrumentwas genuine.

(Added to NRS by 1971, 803)

NRS 111.350 Conveyancesor other instruments recorded before December 17, 1862: Notice to subsequentpurchasers; certified copies as evidence.

1. All instruments of writing copied into the properbooks of record of the offices of the county recorders of the several countiesof the Territory of Nevada prior to December 17, 1862, shall, after December17, 1862, be deemed to impart to subsequent purchasers and encumbrancers, andall other persons whomsoever, notice of all deeds, mortgages, powers ofattorney, contracts, conveyances or other instruments, notwithstanding anydefect, omission or informality existing in the execution, acknowledgment orcertificate of recording the same.

2. Nothing contained in this section shall beconstrued to affect any rights acquired prior to December 17, 1862, in thehands of subsequent grantees or assignees.

3. Certified copies of such instruments as areembraced in subsection 1 may be read in evidence under the same circumstancesand rules as are now or may hereafter be provided by law for using copies ofinstruments duly executed and recorded. Proof shall be first made that theinstruments, copies of which it is proposed to use, were genuine instrumentsand were in truth executed by the grantor or grantors therein named.

[1:32:1862; B 311; BH 2648; C 2718; RL 1093;NCL 1551] + [2:32:1862; B 312; BH 2649; C 2719; RL 1094; NCL 1552]

NRS 111.353 Recordingof master form mortgages and deeds of trust; incorporation of provisions byreference in subsequently recorded instruments. Amortgage or deed of trust of real property may be recorded and be constructivenotice of such mortgage or deed of trust and the contents thereof in thefollowing manner:

1. Any person may record in the office of the countyrecorder of any county master form mortgages and deeds of trust of realproperty, which:

(a) Need not be acknowledged or proved or certified tobe recorded or entitled to record.

(b) Shall have noted upon the face thereof that theyare master forms.

(c) Shall be indexed and recorded by the countyrecorder in the same manner as other mortgages and deeds of trust are recorded,and the county recorder shall note on all indexes and records of such documentsthat they are master forms.

2. Thereafter, any of the provisions of any suchrecorded master form mortgage or deed of trust may be included for any and allpurposes in any mortgage or deed of trust by reference therein to any suchprovisions, without setting them forth in full, if such master form mortgage ordeed of trust is of record in the county in which the mortgage or deed of trustadopting or including by reference any of the provisions of such master formmortgage or deed of trust is recorded.

3. Such reference shall contain a statement as to thefollowing:

(a) Each county in which the mortgage or deed of trustcontaining such a reference is recorded;

(b) The date such master form mortgage or deed of trustwas recorded;

(c) The county recorders office where the master formmortgage or deed of trust is recorded, and the book or volume and the firstpage of the records in the recorders office wherein and at which any suchmaster form mortgage or deed of trust was recorded; and

(d) By paragraph numbers or any other method that willdefinitely identify such provisions, the specific provisions of any such masterform mortgage or deed of trust that are being so adopted and included therein.

4. The recording of any such mortgage or deed of trustwhich has included therein any such provisions by reference as provided in thissection shall operate as constructive notice of the whole of such mortgage ordeed of trust, including the terms, as a part of the written contents of anysuch mortgage or deed of trust, of any such provisions so included by referenceas though such provisions were written in full therein.

5. The parties bound or to be bound by provisions soadopted and included by reference shall be bound thereby in the same manner andwith like effect for all purposes as though such provisions had been and wereset forth in full in any such mortgage or deed of trust.

(Added to NRS by 1967, 766)

NRS 111.355 Recordationof only part of instrument under certain conditions. Adocument or paper may be presented for the recordation of only a part of itscontents if:

1. The part to be recorded is a mortgage or deed oftrust, entitled to recordation, which refers to and incorporates:

(a) Provisions of a master form mortgage or deed oftrust as authorized by NRS 111.353; or

(b) Provisions of some other instrument previouslyrecorded in the office of any county recorder; and

2. The part not to be recorded is separated from thepart to be recorded and clearly marked do not record or not to be recordedor the like.

The countyrecorder shall record only the mortgage or deed of trust set forth on suchdocument or paper.

(Added to NRS by 1967, 767)

NRS 111.365 Recordingaffidavit of death of joint tenant or spouse holding community property withright of survivorship creates disputable presumption title vested in survivor;county recorder to send information contained in affidavits monthly toDepartment of Health and Human Services.

1. In the case of real property owned by two or morepersons as joint tenants or as community property with right of survivorship,it is presumed that all title or interest in and to that real property of eachof one or more deceased joint tenants or the deceased spouse has terminated,and vested solely in the surviving joint tenant or spouse or vested jointly inthe surviving joint tenants, if there has been recorded in the office of therecorder of the county or counties in which the real property is situate anaffidavit, subscribed and sworn to by a person who has knowledge of the factsrequired in this subsection, which sets forth the following:

(a) The family relationship, if any, of the affiant toeach deceased joint tenant or the deceased spouse;

(b) A description of the instrument or conveyance bywhich the joint tenancy or right of survivorship was created;

(c) A description of the property subject to the jointtenancy or right of survivorship; and

(d) The date and place of death of each deceased jointtenant or the deceased spouse.

2. Each month, a county recorder shall send all theinformation contained in each affidavit received by him pursuant to subsection1 during the immediately preceding month to the Department of Health and HumanServices in any format and by any medium approved by the Department.

(Added to NRS by 1971, 803; A 1983, 667; 1991, 461;1995, 2571; 1999, 885;2003, 878)

EASEMENT FOR COLLECTION OF SOLAR ENERGY

NRS 111.370 Creationof easement by grant; signing, recording and contents of instrument creatingeasement.

1. An easement for collection of solar energy may becreated by a grant from the owner of neighboring land to the owner of land onwhich equipment for the collection of solar energy has been or is planned to beinstalled.

2. The easement is an interest in real property.

3. The grant must be expressed in a writteninstrument, signed by the grantor. When acknowledged, the instrument must berecorded by the county recorder in the county where the burdened and benefitedlands are situated.

4. The instrument must include a description of:

(a) The burdened and benefited lands.

(b) The location, size and periods of operation of theequipment to be used in collecting the solar energy.

(c) The open area to be preserved for passage of directsolar radiation across the burdened land to the collecting equipment, bydimensions or bearings from the collecting equipment or by a statement that noobstructions which cast a shadow on the equipment during its periods ofoperation are allowed on the burdened land.

(Added to NRS by 1979, 469)

NRS 111.375 Vestingof easement; effect of transfer of land.

1. An easement for the collection of solar energybecomes vested in a grantee upon the recording of the grant.

2. The easement is appurtenant to the benefited land.The benefit of the easement passes with the benefited land and the burden ofthe easement passes with the burdened land upon any transfer, voluntary orinvoluntary, of the respective lands.

(Added to NRS by 1979, 470)

NRS 111.380 Termination,modification or extinguishment of easement. Aneasement for the collection of solar energy:

1. Terminates upon the expiration of a period oflimitation specified in the grant creating the easement.

2. Terminates upon recording of a release of theeasement by the owner of the benefited land.

3. May be modified or extinguished by an order of acourt based upon principles of equity, changes in conditions or abandonment.

(Added to NRS by 1979, 470)

EASEMENTS FOR CONSERVATION

NRS 111.390 Generalpurpose. The general purpose of NRS 111.390 to 111.440, inclusive, is to make uniform thelaw of those states which enact the Uniform Conservation Easement Act orprovisions substantially similar to that act.

(Added to NRS by 1983, 687)

NRS 111.400 Scope.

1. NRS 111.390to 111.440, inclusive, apply to anyinterest in real property created:

(a) On or after July 1, 1983, which complies with thosesections, whether designated as an easement for conservation or as a covenant,equitable servitude, restriction, easement or otherwise; or

(b) Before July 1, 1983, if the interest would havebeen enforceable had it been created after July 1, 1983, except that theinterest is not enforceable against a bona fide purchaser of the real propertyfor value or the holder of an encumbrance on real property if:

(1) The purchase or encumbrance of the realproperty was made after the easement for conservation was created but beforeJuly 1, 1983; and

(2) The easement for conservation was notenforceable at the time of the purchase or encumbrance of the real propertyunder other law of this State.

2. Those sections do not invalidate any interest inreal property whether designated as an easement for conservation or preservationor as a covenant, equitable servitude, restriction, easement or otherwise,which is enforceable under other law of this State.

(Added to NRS by 1983, 687)

NRS 111.410 Definitions. As used in NRS 111.390to 111.440, inclusive, unless thecontext otherwise requires:

1. Easement for conservation means a nonpossessoryinterest of a holder in real property, which imposes limitations or affirmativeobligations and:

(a) Retains or protects natural, scenic or open-spacevalues of real property;

(b) Assures the availability of real property foragricultural, forest, recreational or open-space use;

(c) Protects natural resources;

(d) Maintains or enhances the quality of air or water;or

(e) Preserves the historical, architectural,archeological or cultural aspects of real property.

2. Holder means:

(a) A governmental body empowered to hold an interestin real property; or

(b) A charitable corporation, charitable association orcharitable trust which has among its powers or purposes to:

(1) Retain or protect the natural, scenic oropen-space values of real property;

(2) Assure the availability of real property foragricultural, forest, recreational or open-space use;

(3) Protect natural resources;

(4) Maintain or enhance the quality of air orwater; or

(5) Preserve the historical, architectural,archeological or cultural aspects of real property.

3. Right of enforcement by a third person means aright provided in an easement for conservation to enforce any of the easementsterms granted to a governmental body, charitable corporation, charitableassociation or charitable trust who is not a holder of the easement althoughqualified to be one.

(Added to NRS by 1983, 687)

NRS 111.420 Creation;recording; duration; effect on existing interest in real property.

1. Except as otherwise provided in NRS 111.390 to 111.440, inclusive, an easement forconservation may be created, conveyed, recorded, assigned, released, modified,terminated or otherwise altered or affected in the same manner as othereasements.

2. No right or duty in favor of or against a holderand no right of enforcement in favor of a third person arises under an easementfor conservation before it is accepted by the holder and the acceptance isrecorded.

3. An easement for conservation is unlimited induration unless:

(a) The instrument creating it otherwise provides; or

(b) A court orders that the easement be terminated ormodified, according to subsection 2 of NRS111.430.

4. An interest in real property existing at the timethe easement for conservation is created is not impaired by the easement unlessthe owner of the interest is a party to the easement or consents to it.

(Added to NRS by 1983, 688)

NRS 111.430 Actionsaffecting easements for conservation.

1. An action affecting an easement for conservationmay be brought by:

(a) An owner of an interest in the real propertyburdened by the easement;

(b) A holder of the easement;

(c) A third person with a right of enforcement; or

(d) A person authorized by other law.

2. NRS 111.390to 111.440, inclusive, do not affect thepower of a court to modify or terminate an easement for conservation inaccordance with the principles of law and equity.

(Added to NRS by 1983, 688)

NRS 111.440 Validity. An easement for conservation is valid even though:

1. It is not appurtenant to an interest in realproperty;

2. It can be or has been assigned to another holder;

3. It is not of a character that has been recognizedtraditionally at common law;

4. It imposes a negative burden;

5. It imposes affirmative obligations upon the ownerof an interest in the burdened property or upon the holder;

6. The benefit does not touch or concern realproperty; or

7. There is no privity of estate or of contract.

(Added to NRS by 1983, 689)

ATTORNEYS-IN-FACT AND AGENTS

NRS 111.450 Powerof attorney to convey real property: Acknowledgment; recordation andrevocation.

1. Every power of attorney, or other instrument inwriting, containing the power to convey any real property as agent or attorneyfor the owner thereof, or to execute, as agent or attorney for another, anyconveyance whereby any real property is conveyed, or may be affected, shall beacknowledged, or proved and certified, and recorded as other conveyanceswhereby real property is conveyed or affected are required to be acknowledged,or proved and certified, and recorded.

2. No such power of attorney or other instrument,certified and recorded in the manner prescribed in subsection 1, shall bedeemed to be revoked by any act of the party by whom it was executed, until theinstrument containing such revocation shall be deposited for record in the sameoffice in which the instrument containing the power is recorded.

[27:9:1861; B 255; BH 2596; C 2666; RL 1041;NCL 1499] + [28:9:1861; B 256; BH 2597; C 2667; RL 1042; NCL 1500](Substituted in revision for NRS 111.330)

NRS 111.460 Powerof attorney for disabled principal: Execution; actions binding; accounting toguardian. Whenever a principal designatesanother his attorney-in-fact or agent by a power of attorney in writing and thewriting contains the words This power of attorney is not affected bydisability of the principal, or This power of attorney becomes effective uponthe disability of the principal, or similar words showing the intent of theprincipal that the authority conferred may be exercised notwithstanding hisdisability, the authority of the attorney-in-fact or agent may be exercised byhim as provided in the power on behalf of the principal notwithstanding laterdisability or incapacity of the principal at law or later uncertainty whetherthe principal is dead or alive. All acts done by the attorney-in-fact or agentpursuant to the power during any period of disability or incompetence oruncertainty whether the principal is dead or alive have the same effect andinure to the benefit of and bind the principal or his guardian or heirs,devisees and personal representative as if the principal were alive, competentand not disabled. If a guardian thereafter is appointed for the principal, theattorney-in-fact or agent, during the continuance of the appointment shallaccount to the guardian rather than the principal. The guardian has the samepower the principal would have had if he were not disabled or incompetent, torevoke, suspend or terminate all or any part of the power of attorney oragency.

(Added to NRS by 1983, 16)

NRS 111.470 Powerof attorney for disabled principal: Power not terminated by death, disabilityor incompetence of principal; affidavit of attorney-in-fact or agent asevidence of nonrevocation or nontermination.

1. The death, disability or incompetence of anyprincipal who has executed a power of attorney in writing other than a power asdescribed by NRS 111.460 does not revokeor terminate the agency as to the attorney-in-fact, agent or other person who,without actual knowledge of the death, disability or incompetence of the principal,acts in good faith under the power of attorney or agency. Any action so taken,unless otherwise invalid or unenforceable, binds the principal and his heirs,devisees and personal representatives.

2. An affidavit, executed by the attorney-in-fact oragent, stating that he did not have, at the time of doing an act pursuant tothe power of attorney, actual knowledge of the revocation or termination of thepower of attorney by death, disability or incompetence is, in the absence of ashowing of fraud or bad faith, conclusive proof of the nonrevocation or nonterminationof the power at that time. If the exercise of the power requires execution anddelivery of any instrument which is recordable, the affidavit whenauthenticated for record is likewise recordable.

3. This section does not alter or affect any provisionfor revocation or termination contained in the power of attorney.

(Added to NRS by 1983, 17)

REGISTRATION OF SECURITIES IN BENEFICIARY FORM (UNIFORMACT)

 

NRS 111.480 Shorttitle; uniformity of application and construction. NRS 111.480 to 111.650, inclusive:

1. May be cited as the Uniform TOD SecurityRegistration Act; and

2. Must be construed and applied to effectuate theirgeneral purpose to make uniform the law with respect to their subject amongstates enacting the Uniform TOD Security Registration Act.

(Added to NRS by 1997, 223)

NRS 111.490 Definitions. As used in NRS 111.480to 111.650, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 111.500 to 111.540, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 223)

NRS 111.500 Beneficiarydefined. Beneficiary means a person designatedto become the owner of a security upon the death of the preceding owner.

(Added to NRS by 1997, 223)

NRS 111.510 Beneficiaryform defined. Beneficiary form means theregistration of a security that indicates the present owner of the security anddesignates a beneficiary.

(Added to NRS by 1997, 223)

NRS 111.520 Registerdefined. Register means to issue acertificate showing the ownership of a certificated security or, in the case ofan uncertificated security, to initiate or transfer an account showingownership of securities. Its derivatives have a corresponding meaning.

(Added to NRS by 1997, 223)

NRS 111.530 Registeringentity defined. Registering entity means aperson who originates or transfers title to a security by registration. Theterm includes a broker maintaining securities accounts for customers and atransfer agent or other person acting for or as an issuer of securities.

(Added to NRS by 1997, 223)

NRS 111.540 Securitydefined. Security means a share,participation or other interest in property, in a business or in an obligationof an enterprise or other issuer. The term includes a certificated security, anuncertificated security and a securities account. As used in this section,securities account means:

1. A reinvestment account associated with a security,a securities account with a broker, a cash balance in a brokerage account,cash, cash equivalents, interest, earnings or dividends earned or declared on asecurity in a securities account, a reinvestment account or a brokerageaccount, whether or not credited to the account before the owners death;

2. An investment management or custody account with atrust company or a trust division of a bank with trust powers, including thesecurities in the account, a cash balance in the account, cash, cashequivalents, interest, earnings or dividends earned or declared on a securityin the account, whether or not credited to the account before the ownersdeath; or

3. A cash balance or other property held for or due tothe owner of a security as a replacement for or product of a security held in asecurities account, whether or not credited to the account before the ownersdeath.

(Added to NRS by 1997, 223; A 2005, 57)

NRS 111.550 Applicability. NRS 111.480 to 111.650, inclusive, apply to registrationsof securities in beneficiary form made before, on or after October 1, 1997, bydecedents dying on or after October 1, 1997.

(Added to NRS by 1997, 226)

NRS 111.560 Personseligible to obtain registration; manner in which multiple owners of registeredsecurities hold title. Only natural personswhose registration of a security shows sole ownership by one natural person ormultiple ownership by two or more natural persons with right of survivorship,rather than as tenants in common, may obtain registration in beneficiary form.Multiple owners of a security registered in beneficiary form hold as jointtenants with right of survivorship, as tenants by the entireties or as ownersof community property held in survivorship form, and not as tenants in common.

(Added to NRS by 1997, 223)

NRS 111.570 Validityof registration.

1. A security may be registered in beneficiary form ifthe Uniform TOD Security Registration Act or a similar statute is in force in:

(a) The state of organization of the issuer orregistering entity or the location of the registering entitys principaloffice, the office of its transfer agent or its office making the registration;or

(b) The state listed as the owners address at the timeof registration.

2. A registration governed by the law of ajurisdiction in which the Uniform TOD Security Registration Act or similarlegislation is not in force or was not in force when a registration inbeneficiary form was made is nevertheless presumed to be valid and authorizedas a matter of contract.

3. As used in this section, state includes a stateof the United States, the District of Columbia, the Commonwealth of PuertoRico, the Virgin Islands and any territory or possession subject to thejurisdiction of the United States.

(Added to NRS by 1997, 224)

NRS 111.580 Designationof beneficiary required for registration. A security,whether evidenced by certificate or account, is registered in beneficiary formif the registration includes a designation of a beneficiary to become the ownerat the death of the owner or the deaths of all multiple owners.

(Added to NRS by 1997, 224)

NRS 111.590 Wordsor abbreviations indicating registration. Registrationin beneficiary form may be shown by the words transfer on death or the abbreviationTOD or by the words pay on death or the abbreviation POD after the nameof the registered owner and before the name of a beneficiary.

(Added to NRS by 1997, 224)

NRS 111.600 Effectof designation of beneficiary on ownership of registered securities;cancellation or modification of registration. Thedesignation of a beneficiary on a registration in beneficiary form has noeffect on ownership until the owners death. A registration of a security inbeneficiary form may be cancelled or changed at any time by the sole owner orall then surviving owners, without the consent of the beneficiary.

(Added to NRS by 1997, 224)

NRS 111.610 Dispositionof registered securities upon death of owner. Onthe death of a sole owner or the last to die of all multiple owners, ownershipof securities registered in beneficiary form transfers to the beneficiary orbeneficiaries who survive all owners. Upon proof of death of all owners andcompliance with any applicable requirements of the registering entity, asecurity registered in beneficiary form may be reregistered in the name of thebeneficiary or beneficiaries who survived the death of all owners. Untildivision of the security after the death of all owners, multiple beneficiariessurviving the death of all owners hold their interests as tenants in common. Ifno beneficiary survives the death of all owners, the security belongs to theestate of the deceased sole owner or the estate of the last to die of allmultiple owners.

(Added to NRS by 1997, 224)

NRS 111.620 Transferon death of registered security is contractual and not testamentary; rights ofcreditors.

1. A transfer on deathresulting from a registration in beneficiary form is effective by reason of thecontract regarding the registration between the owner and the registeringentity and NRS 111.480 to 111.650, inclusive, and is nottestamentary.

2. NRS 111.480to 111.650, inclusive, do not limit therights of creditors of owners of securities against beneficiaries and othertransferees under other laws of this state.

(Added to NRS by 1997, 225)

NRS 111.630 Offeror acceptance of requests for registration by registering entity.

1. A registering entity isnot required to offer or to accept a request for registration of a security inbeneficiary form. If a registration in beneficiary form is offered by aregistering entity, the owner requesting registration in beneficiary formassents to the protections given to the registering entity by NRS 111.480 to 111.650, inclusive.

2. By accepting a request for registration of asecurity in beneficiary form, the registering entity agrees that theregistration will be effective on the death of the deceased owner as providedin NRS 111.480 to 111.650, inclusive.

(Added to NRS by 1997, 224)

NRS 111.640 Rightof registering entity to establish terms and conditions for receiving andeffectuating registrations; substitution and identification of beneficiaries.

1. A registering entity offering to acceptregistrations in beneficiary form may establish the terms and conditions underwhich it will receive requests for registrations in beneficiary form and foreffectuation of registrations in beneficiary form, including requests forcancellation of previously registered designations of beneficiary and requestsfor reregistration to effect a change of beneficiary. The terms and conditionsso established may provide for proving death, avoiding or resolving anyproblems concerning fractional shares, designating primary and contingentbeneficiaries, and substituting a named beneficiarys descendants to take inthe place of the named beneficiary in the event of the beneficiarys death.

2. Substitution may be indicated by appending to thename of the primary beneficiary the letters LDPS, standing for linealdescendants per stirpes. This designation substitutes a deceased beneficiarysdescendants who survive the owner for a beneficiary who fails to survive, thedescendants to be identified and to share in accordance with the law of thebeneficiarys domicile at the owners death governing inheritance bydescendants of an intestate.

3. Other forms of identifying beneficiaries who are totake on one or more contingencies, and rules for providing proofs andassurances needed to satisfy reasonable concerns by registering entitiesregarding conditions and identities relevant to accurate implementation ofregistrations in beneficiary form, may be contained in a registering entitysterms and conditions.

(Added to NRS by 1997, 225)

NRS 111.650 Liabilityof registering entity.

1. A registering entity is discharged from all claimsto a security by the estate, creditors, heirs or devisees of a deceased ownerif it registers a transfer of a security in accordance with NRS 111.610 and does so relying in goodfaith on:

(a) The registration;

(b) NRS 111.480to 111.650, inclusive; and

(c) Information provided to it by affidavit of thepersonal representative of the deceased owner, or by the surviving beneficiaryor by the surviving beneficiarys representatives, or other informationavailable to the registering entity.

2. The protections of NRS 111.480 to 111.650, inclusive, do not extend to areregistration or payment made after a registering entity has received writtennotice from a claimant to any interest in the security objecting toeffectuation of a registration in beneficiary form. No other notice or otherinformation available to the registering entity affects its right to protectionunder NRS 111.480 to 111.650, inclusive.

3. The protection provided by NRS 111.480 to 111.650, inclusive, to the registeringentity of a security does not affect the rights of beneficiaries in disputes betweenthemselves and other claimants to ownership of the security transferred or itsvalue or proceeds.

4. As used in this section:

(a) Devisee means a person designated in a will toreceive a disposition of real or personal property.

(b) Heirs means those persons, including thesurviving spouse, who are entitled under the statutes of intestate successionto the property of a decedent.

(c) Personal representative includes an executor,administrator, successor personal representative, special administrator andpersons who perform substantially the same function.

(Added to NRS by 1997, 225)

 

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