Nevada Code § 115.060

Disposition in case of death
Open in Lexace · Ask the AI about this section
Except
as otherwise provided in a premarital agreement between a married couple which
is enforceable pursuant to chapter 123A of
NRS:
1. If the property declared upon as a
homestead is community property, the married couple shall be deemed to hold the
homestead as community property with a right of survivorship. Upon the death of
either spouse:
(a) The exemption of the homestead from execution
continues, without further filing, as to any debt or liability existing against
the spouses, or either of them, until the death of the survivor and thereafter
as to any debt or liability existing against the survivor at the time of the
survivors death.
(b) The property vests absolutely in the
survivor.
2. If the property declared upon as a
homestead is the separate property of either spouse, the married couple shall
be deemed to hold the right to exemption of the homestead from execution
jointly while both spouses are living. If the property retains its character as
separate property until the death of one or the other of the spouses:
(a) If it is the separate property of the
survivor, the exemption of the homestead continues.
(b) If it was the separate property of the
decedent, the exemption of the homestead from execution continues as to any
debt or liability existing against the spouses, or either of them, at the time
of death of the decedent but ceases as to any subsequent debt or liability of
the survivor.
(c) The property belongs to the person, or his or
her heirs, to whom it belonged when filed upon as a homestead.
3. If the property declared upon as a
homestead is the property of a single person, upon the death of the single
person:
(a) The exemption of the homestead from execution
continues, without further filing, as to any debt or liability existing against
the person at the time of his or her death and as to any subsequent debt or
liability against a person who was living in his or her house at the time of
his or her death, if that person continues to reside on the homestead property
and is related to him or her by consanguinity or affinity, even if the person
through whom the relation by affinity was created predeceased the declarant.
(b) The right of enjoyment of the property
belongs to each person described in paragraph (a) until that person no longer
qualifies under that paragraph.
4. If two or more persons who are not
related by consanguinity or affinity have claimed as a homestead their
respective undivided interests in a single parcel of land or a mobile home,
upon the death of one the exemption of the entire property from execution
continues as to any debt or liability of the decedent and the other declarants
until the death of the last declarant to die, but only for the benefit of a
declarant who continues to reside on or in the property.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.