Natalia Vander Laan
While certain estate planning documents can, others must be recorded.
In Nevada, the method of recording real property deeds, property powers of attorney, or probate court orders is mostly consistent in all counties.
The document presented for recording must be on white, letter-size paper. Multiple pages should not be bound together, and the printed content should be one-sided. The margins must be 1 inch on every side of the paper. A space measuring 3 inches by 3 inches must be left blank in the upper-right corner of the first page to allow for the recording information to be entered. The text should not be smaller than 10-point Times New Roman font and should be printed in black. The printed content should not be marked or highlighted and a stamp or a seal should not overlap any text. However, these requirements do not apply to the documents that were filed with the court and which otherwise comply with the formatting requirements set by the court. Furthermore, it is within the discretion of the county recorder to accept and record a document that does not meet the formatting requirements.
Documents presented for recording should be titled sufficiently to identify the type of document being recorded. Most documents presented for recording must be signed and notarized. The names must be printed or typed under all signatures, except for notaries and witnesses, and the notary acknowledgement should not be split between two pages. The assessor’s parcel number, the mailing address of the grantee and/or the person requesting the recording of the document, as well as the name and address of the person to whom tax statements are to be mailed, should be listed in the upper-left corner of the first page of the document.
Some Nevada counties require a statement, either on top of the document being recorded or on a separate page, stating that the document presented for recording does not contain the social security number of any person. If the social security number must be included, then the reason for such inclusion must be stated.
When the document being recorded contains a legal description of real property, the document must include either the contact information of the person who prepared the legal description or, if the document was previously recorded, information sufficient to identify and locate the previous recording. The county recorder is not required to verify the accuracy of the information provided.
Depending on the type of document, additional requirements may apply.
Most Nevada recorder’s offices record the document, scan the original, and return the original document to the person who requested the recording. The scanned recorded documents are then available online for the public to search. The recording fees vary only slightly from county to county.
The documents can be recorded in person, or they can be mailed for recording. If the document is mailed for recording, the recording fee should be included. Enclosing a prepaid return envelope that matches the address on the front page of the document will also expediate the return of the document after recording.
Every Nevada county has a website. Typically, the information regarding the recording requirements and where to send or bring the documents for recording is listed online.
Natalia Vander Laan is the owner of Vander Laan Law Firm in Minden.
