Nevada Revised Statutes Section 120.040 - Property Rights and Transactions

Place of filing; acknowledgment, proof and recording.

1. The disclaimer must be filed:

(a) In case of interests created by will or arising from intestate succession, with the district court in the county in which the estate of the decedent is administered, and a copy must be furnished to the personal representative of the decedent. If there is no administration, the disclaimer must be filed with the county clerk of the county in which administration would be proper.

(b) In case of interests created by an inter vivos trust, with the trustee then acting, or if there is none, with the county clerk of the county where the settlor resides, or if the settlor is dead, where he last resided.

(c) In other cases, with the person creating the interest or his successor or representative.

2. A disclaimer made pursuant to this chapter which affects real property or an obligation secured by real property must be acknowledged or proved, and recorded, in the same manner as a deed of real property. The acknowledgment or proof, the recording, or the absence of any of these has the same effect as for a deed of real property. Failure to file a disclaimer which is recorded pursuant to this subsection does not affect the validity of any transaction with respect to such real property or obligation secured thereby.

Last modified: February 27, 2006