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  • Writer's pictureOcampo Wiseman Law

Understanding Deeding Options for Real Property in Nevada: Joint Tenancy vs. Tenancy in Common

Updated: 2 days ago

I would like to shed light on an important topic: the distinction between deeding real property in joint tenancy and tenancy in common, and how it affects estate planning in Nevada.

When it comes to deeding property, the implications can be significant, particularly in terms of estate planning and the seamless transfer of assets upon one's passing. Let's explore the key differences between joint tenancy and tenancy in common and the impact they have in Nevada.

Joint tenancy involves deeding property to oneself and one or more individuals. In the event of your passing, an interesting scenario unfolds: the other person(s) named on the title automatically absorbs your interest in the property. They essentially acquire your share, smoothly and without the need for probate.

For instance, if you and another person are listed on the title in joint tenancy and you pass away, they will seamlessly inherit your interest in the property. No probate proceedings are necessary. This makes joint tenancy an attractive option for individuals seeking a hassle-free transfer of ownership.

On the other hand, tenancy in common presents a different situation. If you choose to deed a property in the tenancy in common with one or more individuals, the process changes. Upon your passing, your undivided interest in the property, whether it represents 50% ownership with one other person or a third each with multiple individuals, will require probate.

Unlike joint tenancy, tenancy in common demands the involvement of probate to determine the rightful distribution of your interest in the property. This means that the

transfer of ownership may involve legal proceedings and potential delays.

Understanding these fundamental differences is vital when considering the implications for your real property in Nevada. The joint tenancy offers a smooth transition of ownership without the need for probate, while tenancy in common necessitates probate proceedings for the distribution of your interest.

Stay tuned for our upcoming blog posts, where we will continue exploring essential topics related to estate planning, probate, and more.




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