Recorder's Association of Nevada

FREQUENTLY ASKED QUESTIONS


What is the purpose of "recording" documents?

People have felt the need to produce a record of their transactions and dealings with one another since the beginning of human commerce. Some of the earliest known writings have been found to be inventories, tax records and records of exchanges of goods.        Modern societies have found established archives valuable for tracing and proving the legal ownership of land and other property and as a means of establishing rights and claims to minerals, and structures.  The purpose of "recording" a document is to preserve it in an "archive" that is accessible when questions of precedence or ownership arise. The Archive, by providing equal access to all for both preserving and researching documents acts as an unbiased arbitrator for the public good.  An actively updated central repository for a county allows persons to both notify and be notified of actions that may affect them and their real property without searching potentially endless databases for hundreds of companies.

Are recorded documents available to view online?

In many instances, yes. Please check the website of the county in which the property is located. If a document is not available for viewing online, you will need to visit the office to view it.

 How often are records updated?

Once a document has been recorded, it generally takes a day or two for the summary information to be available. If website images are available for viewing, it may take a week or longer for posting. 

When is the best time to record a document?

 With some exceptions, most office hours are 8 AM – 5 PM, Monday through Friday.  You may record documents at any time between these hours, but generally between 8:30 and 4:30 are best.

Please note that Fridays and the days before and after a holiday are extremely busy, as well as the last day of the month.  To expedite the recording process, please view Recording Requirements before visiting the office.

 Can/Will the Recorder's Office assist me in filling out my documents or forms? 

 No. The Recorder's Office employees are not authorized to practice law and are forbidden by state statute to offer legal advice. If you need assistance in filling out your forms, please consult with your attorney or other title or land rights professional.

 Why do I have to pay an additional $25.00 to record my document?

 Unfortunately, the document to be recorded did not conform to general recording requirements. When a document does not conform to these requirements, under NRS 247.305, a recorder may collect an additional $25.00 non-standard document fee.  According to NRS 247.306: If a county recorder imposes an additional fee pursuant to subsection 2 of NRS 247.305, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.  The money in the account must be used only to acquire technology for or improve the technology used in the office of the county recorder, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

 Please understand that while we do not enjoy taking additional money from our taxpayers, this fee helps us to help you!

 How do I get a copy of my marriage license and/or certificate?

 The marriage license (application) is the document you filled out in the County Clerk’s Office. It contains information about the bride and groom (i.e. date and place of birth, parents names, etc.).  If you would like to order a copy of your marriage license, please contact the County Clerk’s Office of the appropriate county.

 The marriage certificate is the document that is completed by the licensed official who performs the ceremony. By law, the marriage official has up to 10 days to bring the certificate to the Recorder's Office for recording. The certificate shows the date of your marriage, the place where the marriage was performed, the name of the witness to the marriage, the name of the marriage official who performed the wedding ceremony, and other information. You may request a copy or a certified copy of your marriage certificate via mail, phone or email to the applicable county Recorder office.

The fee for a CERTIFIED copy of a marriage certificate is $15.00.  Most counties do accept credit card payments, but please be aware that many times there is a surcharge for credit card payments.  Contact the appropriate county to confirm fees.

 Please be advised that requests for certified copies of marriage certificates may take approximately 1 - 2 weeks.

 I want to change the name(s) on my property.  Can a Recorder's office help me?

 No.  By law, we are prohibited from giving legal advice and this includes providing forms that are commonly used for property transfers (such as a “deed”).  We generally suggest that you contact legal assistance from a title company, an attorney or other land rights professionals.

What is a Declaration of Value form and when is this form used?

A Declaration of Value form is used with any document that transfers interest in real property whether transfer tax is due or an exemption is claimed. This form usually accompanies certain documents; for example, any type of Deed, certain Contracts of Sale and some Court Orders. The Declaration of Value form enables the Recorder’s Office to effectively administer transfer tax. This form may be found through any county recorder office, here, or through the Department of Taxation.

What is Real Property Transfer Tax?

Upon the transfer of any real property in the State of Nevada, a special value based tax called the Real Property Transfer Tax is imposed. The County Recorder in the county where the property is located is the agency responsible for the imposition and collection of the tax at the time the transfer is recorded. The Grantee and Grantor are jointly and severally liable for the payment of the tax. When all taxes and recording fees required are paid, the deed is recorded. Each County Recorders Office will determine and collect the amount of the tax required based on the value as represented on the Declaration of Value or will review applications for exemption, determining whether the transaction qualifies.

This tax is then transmitted to the State of Nevada, minus a minimal collection allowance granted by statute.

What is the Current Real Property Transfer Tax Rate?

For all counties:   $1.95 for each $500 of value or fraction thereof if the value is over $100.

For Washoe and Churchill Counties:  $.10 is added.

For Clark County: $.60 is added

Is My Transfer Exempt From Real Property Transfer Tax?

There are 14 possible exemptions to the imposition of the Real Property Transfer Tax (NRS 375.090).  They include in abbreviated form:

A mere change of identity, form or place of organization, if the affiliated corporation has identical common ownership.
A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
A transfer of title recognizing the true status.
A transfer of title without consideration from one joint tenant/tenant in common to one or more remaining joint tenants/tenants in common.
A transfer of real property if the is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.
A transfer of title between former spouses in compliance with a decree of divorce.
A transfer of title to or from a trust without consideration if a certificate of trust is present at the time of transfer.
Transfers, assignments or conveyances of unpatented mines or mining claims.
A transfer to a corporation or other business organization if the person conveying the property owns 100% of the corporation or organization to which the conveyance is made.
A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.109.
The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment, if it occurred in the last 5 years and was a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq., b) Approved in an equity receivership proceeding involving a railroad; or c) Approved in an equity receivership proceeding involving a corporation
The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if it a) recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. §§ 79k; b) The order specifies and itemizes the property ordered to be transferred; and c) It is made in obedience to the order.
A transfer to an educational foundation
A transfer to a university foundation