A Nevada quitclaim deed is a simple form to modify property ownership, adding or removing a name, without guarantees of clear title. It transfers your current ownership, not promising the absence of claims or liens. Comply with Nevada requirements for your quitclaim deed.
How to File
Filing a quitclaim deed in Nevada involves preparing the form, getting it notarized, and recording it with the county recorder. Following the full process ensures the transfer is legally binding.
Step 1 – Procure the Property Deed
The original title to the property has important information you need to file your quitclaim deed, including the owner’s name, legal property description, and assessor’s parcel number. If you do not have the property deed, contact the county recorder’s office in the county where the property is located.
Step 2 – Locate the Property’s Legal Description
Your quitclaim deed must include a legal description of the property, per Nev. Rev. Stat. § 111.312. Property descriptions may include the assessor’s parcel number, but the parcel number cannot be the only method of identification. The description may also include a street address, plot number, and metes and bounds.
For a quitclaim deed, you can usually pull the legal description from the existing deed. if you must create a new legal description, you must provide the name and address of the person who created the description.
Step 3 – Fill Out the Quitclaim Deed Form
Download a fillable Nevada quitclaim deed form. You can use the form to meet formatting and content requirements without having to start from scratch. Enter details about the property transfer in accordance with Nev. Rev. Stat. § 247.110.
Per Nev. Rev. Stat. § 239B.030, personal information such as social security numbers should be redacted unless they are specifically required by statute.
Step 4 – Sign the Quitclaim Deed Before a Notary
According to Nev. Rev. Stat. § 111.105 the quitclaim deed must be signed by the property owner, or grantor. This includes both spouses if the property is co-owned by a married couple, per Nev. Rev. Stat. § 123.230. Every signature on the quitclaim deed must have the signer’s name printed or typed underneath the original signature, per Nev. Rev. Stat. § 247.190.
The signatures must be notarized, consistent with Nev. Rev. Stat. §§ 111.240, 240.161, and 240.169. Nev. Rev. Stat. §§ 240.1655, 240.166, and 111.310 provide further guidance for notarizing real estate documents, including certification, stamp requirements, and acknowledgment language.
Step 5 – Complete the Declaration of Value Form
Complete a declaration of value form [1], per Nev. Rev. Stat. § 375.060. The official form can be found on the Department of Taxation’s website [2] or you can request it from your county recorder’s office.
Step 6 – File the Deed With the County Recorder’s Office
Submit your Nevada quitclaim deed to the county recorder’s office in the county where the property is located, per Nev. Rev. Stat. § 111.312. You can find a list of all county recorders in Nevada on the Nevada Secretary of State website [3].
Costs and Fees
Filing a Nevada quitclaim deed comes with a few associated costs, including recording fees, transfer tax, gift tax, and capital gains tax.
Recording Fees
Recording fees are established by Nev. Rev. Stat. § 247.305. However, the law allows each county to determine which fees to charge for recording a deed. The only required fee per Nevada statute is a $25 fee for recording the document. Check with your county recorder’s office to learn which other fees may apply.
For example, Washoe County charges $43 per document [1], while Clark County charges $42 [2].
Taxes
In addition to recording fees, a property transfer via quitclaim deed in Nevada may be subject to transfer taxes, US gift tax, and capital gains taxes.
1. Transfer Tax
Per Nev. Rev. Stat. § 375, transfer taxes are imposed on real estate transfers based on the county’s population and the property’s value.
Who Pays the Transfer Tax?
Both the grantor and grantee are liable for ensuring the transfer tax is paid. Typically, transfers involve an agreement between the parties as to who will handle the transfer tax.
Exemptions to Transfer Tax
Nev. Rev. Stat. § 375.090 lists numerous exemptions to transfer tax. Exemptions that could apply to a Nevada quitclaim deed include:
- Change of business identity or transfer between a company and subsidiary or affiliate
- Transfer to the US or any agency, department, instrumentality, or political subdivision thereof
- Transfer for a land sale contract or other recognition of true ownership status
- Transfer to a co-owner without financial consideration
- Transfer to a close relative
- Transfer to an ex-spouse due to a divorce decree
- Transfer to or from a trust without consideration with a certificate of trust
- Transfer to a business fully owned by the property owner
- Transfer upon the death of the grantor with a Death of Grantor Affidavit
- Transfer to an educational, university, or library foundation
- Transfer of property for bankruptcy, reorganization, or adjustment
Certain rules and regulations apply to exemptions, and not all exemptions are listed above. If you are not sure whether your Nevada quitclaim is exempt from transfer tax, speak with a tax professional or attorney familiar with real estate transactions in your county.
Tax Rates
For counties with populations greater than 700,000, the state assesses a transfer tax of $1.55 per $500 of property value. Property transfers in counties with populations below 700,000 owe a tax of $1.95 per $500. Each county can charge up to $0.10 more per $500 property value.
2. Federal Gift Tax (Form 709)
Nevada does not charge a gift tax, but the US government does for gifts over a certain value. The Internal Revenue Service (IRS) updates the exemption limit annually, so check their website [3] for the latest information before filing your income taxes for the year.
3. Capital Gains Tax
Nevada does not charge a capital gains tax. Individuals who make over a certain amount from a quitclaim real estate transfer may still be subject to capital gains tax on a federal level. Review capital gains tax information on the IRS website [4] to learn how to calculate and file capital gains tax for property transferred via a quitclaim deed in Nevada.
Nevada Quitclaim Deed Requirements
For a quitclaim deed to be valid in Nevada, it must meet strict legal requirements. Including the right information upfront helps you avoid delays and move forward without stress.
Legal Framework
Nev. Rev. Stat. § 111.105 establishes legal grounds for using a deed to convey real property to a new owner. The term “quitclaim deed” is clearly defined under Nev. Rev. Stat. § 375.100.
Legal Description
Nevada real estate transfers require a clear legal description of the property being conveyed, per Nev. Rev. Stat. § 111.312. Although you can use an assessor’s parcel number as part of the legal description, it cannot be the full legal description of the real property. Other ways to identify the property include:
- Street address
- Subdivision name
- Lot and block in a platted subdivision
- Parcel number
- Metes and bounds
Generally, the description must be clear enough that an independent surveyor can locate and identify it. If the legal property description is in metes and bounds, you must also include on the deed the name and address of the person who prepared the description. However, if you pull the legal description from the existing deed or title, you only need to identify the source document, not the person who created the legal description.
Signing
The current owner, or grantor, must sign the quitclaim deed when transferring real estate, per Nev. Rev. Stat. § 111.105. Each signer’s name must be printed or typed underneath the original signature, according to Nev. Rev. Stat. § 247.190.
Signatures authorizing the transfer of real estate property must also be witnessed and certified by a notary, in accordance with Nev. Rev. Stat. §§ 111.240, 240.161, and 240.169.
Nev. Rev. Stat. §§ 240.1655, 240.166, and 111.310 clearly outline the requirements for notarizing real estate documents, including stamps, certificates, and acknowledgment language.
If the property is owned by a married couple, both spouses must sign the deed, per Nev. Rev. Stat. § 123.230.
Terminology
When creating a quitclaim deed in Nevada, Nev. Rev. Stat. § 111.170 states that the use of the words “grant,” “bargain,” or “sell” can be construed as a guarantee that:
- The grantor has not conveyed the same title or any interests therein to another person
- The property is free of all encumbrances done, made, or suffered by the grantor or the grantor’s agents
These terms go against the fundamental intent of a quitclaim deed, which conveys property with no guarantees about title or ownership. Instead of using the above terms, your document should specifically note that the quitclaim deed grants the property without warranty or guarantee. The term “quitclaim and release” is often used.
Additional Documents
Per Nev. Rev. Stat. § 375.060, a Nevada quitclaim deed must include a declaration of value created by the State of Nevada Department of Taxation [1]. You can obtain a copy of this form from the county recorder in the county where the property is located. Alternatively, you can find the form on the Department of Taxation’s website [2].
Filing
Per Nev. Rev. Stat. § 111.312, all real estate transfer documents must be filed with the county recorder in the county where the property is located [3]. This includes quitclaim deeds.
Validity Requirements
Nevada quitclaim deed laws are very specific when it comes to formatting. State document requirements, including quitclaim deeds, are listed under Nev. Rev. Stat. § 247.110. To be valid, your deed should:
- Be printed on white 20-pound paper, 8 ½ in. by 11 in.
- Have 1 in. margins on both sides and the bottom of each page
- Have a 3 in. by 3 in. space at the top right of the first page
- Have 1 in. margins on the top of every subsequent page
- Be unbound on the top, sides, and bottom
- Not have documents physically attached to the document
- Be printed on only one side of each page
- Be typed in 10-point Times New Roman text or larger
- Not include colored markings or highlighting on the document
- Not include a seal or stamp that covers text or signature in the document
Your county recorder may have additional requirements for form submission. Check with your county recorder’s office before submitting your documents to be sure you meet all the
Content Requirements
Nevada laws are comprehensive when it comes to deed content. Each Nevada quitclaim deed must include the following information:
- Title: While Nevada laws do not stipulate specific document title requirements, you should include a title describing the document for easy recording and indexing, per Nev. Rev. Stat. § 247.150.
- Assessor’s Parcel Number (APN): Clearly note the APN on the top left corner of the first page of the deed.
- Grantor and grantee: Include the names of all parties involved in the real estate transfer.
- Mailing address: Your Nevada quitclaim deed must include the grantee’s mailing address for tax statements. The first page should also include the new owner’s return address for the clerk to return the deed after recording.
- Legal description: Include a legal description of the property being conveyed, consistent with Nev. Rev. Stat. § 111.312.
- Vesting language: Include a clause conveying the property along with appropriate quitclaim and release language.
- Redacted information: Per Nev. Rev. Stat. § 239B.030, certain sensitive personal information should be redacted from the document unless required by law.
Some counties in Nevada also require an affirmation in the body of the quitclaim deed. Double-check with your county recorder before completing the form to avoid missing critical details.
Quitclaim Deeds vs. Other Property Transfer Methods in Nevada
Quitclaim Deed | Conveys property to the new owner without guarantees about title and ownership. The grantee is liable for any issues that arise regarding ownership and title defects. |
Grant, Bargain, and Sale Deed | Per Nev. Rev. Stat. § 111.170, transfers property to the new owner with a guarantee that the grantor owns the property, they have not conveyed it to anyone else, and the title is free and clear of liens and encumbrances. The grantor can modify the terms to exclude certain disclosed defects or title issues that arose before they owned the property. |
General Warranty Deed | Conveys property to the new owner with guarantees of a clear title, regardless of when issues arose. A general warranty deed holds the grantor accountable for any title problems that arise. |
Title Insurance | Per Nev. Rev. Stat. § 61A.090, title insurance protects the grantee from damages or losses suffered due to liens, encumbrances, and title defects when a property transfer, such as a quitclaim, does not guarantee a free and clear title. |
Estate Planning Deeds | Life estate and deeds upon death, also called transfer on death (TOD) deeds allow the grantor to transfer property upon their death without going through probate. |
Co-Ownership | Tenancy in common (Nev. Rev. Stat. § 111.060), joint tenancy (Nev. Rev. Stat. § 111.065), and community property (Nev. Rev. Stat. § 123.220) allow property transfer between co-owners upon the death of one owner. |
Sample Nevada Quitclaim Deed
Below is a free example of a Nevada quitclaim deed. Use our document editor to fill in your information and download a PDF or Word document.
Frequently Asked Questions
Who pays the transfer tax in Nevada?
Both the grantor and grantee are liable for the transfer tax, though it’s common for the parties to agree on who will make the payment.
Do I need a lawyer to prepare a quitclaim deed in Nevada?
While it’s not legally required to have a lawyer prepare a quitclaim deed, consulting with a real estate attorney or tax professional is advisable to ensure the deed complies with Nevada law and to understand the tax implications fully.
Can a quitclaim deed transfer property to more than one person in Nevada?
Yes, a quitclaim deed can transfer property to multiple grantees. How the property is held by the grantees (e.g., joint tenants, tenants in common) should be specified in the deed.