Community Property:
Requires a valid marriage between two people
Requires signatures of both spouses to convey or encumber
Each spouse can devise (will) one-half of the community property
Upon death the estate of the decedent must be "cleared" through probate, affidavit or adjudication
Both halves of the community property are entitled to a "stepped up" tax basis as of the date of death
Joint Tenancy With Right Of Survivorship:
Parties need not be married; may be more than two joint tenants
Requires signatures of all joint tenants to convey or encumber the whole
Estate passes to surviving joint tenants outside of probate
No court action required to "clear" title upon death of joint tenant(s)
Deceased tenant's share is entitled to a "stepped up" tax basis as of the date of death
Community Property with Right Of Survivorship:
Requires a valid marriage between two persons
Each spouse holds an undivided one-half interest in the estate
One spouse cannot partition the property by selling his or her interest
Requires signatures of both spouses to convey or encumber
Estate passes to surviving spouse outside of probate
No court action required to "clear" title upon the first death
Both halves of the community property are entitled to a "stepped up" tax basis as of the date of death
This information is provided by Equity Title of Nevada as a courtesy only.
For more information, you are encouraged to contact a professional legal tax advice

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