Nevada legal name change basics
A legal name change can be more than just a new moniker; it represents a new chapter, shedding an old identity for one that holds personal significance. While a name change should not be taken lightly, Nevada law has facilitated this process for those who seek a change, provided they meet specific requirements. One of the most common reasons for a legal name change is marriage, as newlyweds often decide to adopt a unified surname. Recognizing this societal shift, the Legislative Counsel Bureau of the State of Nevada explains in its 2023 report on the "Changing Name" process that "many people desire to start anew, free from past obligations, commitments and even debt." In fact, 3,065 Nevada residents received a legal name change in 2022, most of whom were over 51 years old and resided in Clark County, accounting for almost half of the state’s total name changes. A brief flip through Nevada’s legal name change application reveals that a multitude of reasons can trigger this life-altering decision. Gender transition is a common driver; however , many might not realize that the United States Citizenship and Immigration Services allows a name change on green cards, making legal adjustment a necessity. Changing your name isn’t as simple as submitting a form. The Nevada Administrative Code (N.A.C.) 127.020 mandates filing a petition, providing notice to the public, and appearing before a court (other than a traffic court), among other requirements. Those seeking to legally change their name or gender may also provide supporting evidence from a therapist, counselor, psychiatrist, or member of the clergy to support their claim for a new name. For young adults under age 18, N.A.C. 127.007 outlines additional requirements for approval, including obtaining consent from a custodial parent or guardian. The state legislature has taken steps to ensure that individuals can begin the process of requesting a legal name change, as seen recently in 2020 with the passage of SB 362 regarding gender change. Influenced by the movements for racial justice and gender equity, elected officials introduced Senate Bill 362 to amend existing law so that an individual’s legal name could be changed upon request of an adult resident.
Name change eligibility in Nevada
To be eligible for a legal name change in Nevada, individuals must meet several criteria established by state law. Firstly, applicants must be over 18 years of age. Those under the age of 18 may petition the court to change their name with the consent of each parent or guardian who has the legal right to control the minor’s care and custody. This means that both parents will need to agree to the name change, and may have to provide documentation that their parental rights are not restricted, such as a court order indicating that the other parent’s parental rights have been terminated or signed consents of each person who have legal right to control the child’s name.
In addition to age requirements, applicants must also have resided in Nevada for at least six weeks prior to the filing date for the name change petition. This residency period will vary depending on the applicant’s residency county.
The petitioner must not have a felony conviction. The only exception to this rule is Nevada Revised Statute 33.020(1)(a), which states that you can apply for a name change if you are convicted of a category A felony, Category B felony, or Category C felony, and you have completed your sentence including parole and probation, and the conviction is not sexually based, and you are no longer on parole or probation.
Further, an individual’s eligibility for a name change may be affected if they are a non-citizen, a sex offender, or the beneficiary of a guardianship. They may still be able to legally change their name in Nevada under these circumstances, but additional specific rules and regulations will apply.
Petition for name change
Before you can legally change your name in Nevada, you must file a Petition for Name Change. You can file the petition (which is a comprehensive list of other forms) in any of the Nevada courts. The most appropriate court is likely the district court in the county where you have lived for at least seven days prior to obtaining a legal name change. In order to submit the Petition for Name Change, you will need: Once you complete these forms, bring them to the court and make two copies of each document to submit with the originals. Then, submit the copies to the court along with a check or money order for . Otherwise, if you’re looking to change the name of a child under your custody who is at least 18 years of age, there is a reduced filing fee of . The clerk will give you back one of each of the forms, which will have the cashier’s stamp at the court seal. This proves that the petition was filed. You also need to publish the Notice of Application for Decree Changing Name along with the Order for Publication in a newspaper that has a large circulation within your county. The notice must run once per week for three weeks so the public has an opportunity to learn about your name change application. (Keep in mind that this does not apply to divorces where name changes are generally done without publishing anything of the sort). To file these documents, you must pay a fee of and the clerk will stamp and return the copy of the Notice of Decree Changing Name for your records. Then, obtain an Affidavit of Publication signed and submitted by the newspaper. You are one step closer to completing this process! After these steps, an Order Changing Name must be filed, along with the Affidavit of Publication signed by someone who works for the newspaper.
Court and hearing information for name change petitions
All name change procedures in Nevada require a court appearance, but the location of the court and judicial officer for a name change hearing will depend on where you reside. If you live in Clark County, the court appearance is fairly routine—you’ll go before a Family Court Master in Nevada’s Eighth Judicial District (the district that includes Clark County). If you’re in Washoe County, on the other hand, you’ll have a hearing before a Family District Court Judge. If you live elsewhere in the state, your hearing will happen in the district court in your county, where there is a plan to move most of the family duties out of district court and into the family court in those jurisdictions.
Regardless of where you reside, your name change hearing in Nevada will be a brief, straightforward process, and should take less than half an hour. Make sure you bring the following to the hearing:
Before the hearing, you should be prepared to answer the following questions from the judge:
To determine whether your case is uncontested, look to see whether the petition for name change has been emailed 10 days prior to the hearing. If you’ve been notified, the case is uncontested (or at least uncontested in terms of the petition for a name change). If you haven’t received an email, check to see if you were notified another way. If you haven’t been notified, then your case is considered "contested" whether it actually is or not, and similarly, whether by virtue of its being contested, its hearing is contested or not.
It’s important to come to the hearing with an understanding of what papers you’ve filed with the court. Here’s an example of a parent whose spouse was going to adopt their children, and who was only changing her name on her own birth certificate and not on her children’s. In this case, the case itself was "contested" because the other parent hadn’t been notified, but the name change petition was considered most likely uncontested because the other parent was aware of the adoption, and thus aware of what was going on. So, when the judge called the case, the parent was able to say, "Your honor, I haven’t actually notified my ex-spouse, we’re divorced, but he knows about the adoption and he’s okay with it." That was enough to convince the judge that she was entitled to the name change she was seeking.
In cases where the other side is aware and either doesn’t care or agrees with the name change, you’ll be fine. But if you come into a contested hearing where you haven’t notified the other side, or even worse, there’s a criminal case pending, then you would be better off getting an attorney to help you prepare.
If you’re in Las Vegas and have a civil, deliquency or criminal matter pending, please check with the court to see who they assign by default, as many times a Family Court Master will still hear the case unless there’s a delay to get a judge in to hear the case.
What to do after the name change
If your application for a name change was approved, there are several next steps to take. First, make sure you file the Certificate of Name Change with the Clerk of the Court and judicially-acknowledged Final Decree of Name Change by mailing it to the court. This is an important step, especially if your name change was a result of a divorce. It is also important to get a new social security card. In order to obtain one, you must complete Form SS-5, which can be found on the Social Security Administration’s website, as well as provide the above-mentioned Certificate of Name Change by mail or in-person at your local SSA office . Getting a new Nevada driver’s license or Nevada ID card is another step you need to take. In Nevada, this can often be done online. However, if your current address does not match your residence on your driver’s license or ID, you will need to go in-person to the DMV to complete the process. Lastly, it is important to contact the banks where you do business to change the name on your accounts. This includes making changes to checking and savings accounts, credit card accounts, and loans.
Possible objections and solutions
There are a few exceptions where a name change may be denied, but the most considerable pitfalls arise from failing to meet the requirements for notice publication.
Mistakes in the Publication Process
The notice must appear once a week for three consecutive weeks. If this process is not done properly, a judge could deny your name change request. Defendants can submit an affidavit to the judge within 20 days of the last newspaper publication arguing that the notice was not published at least once a week, making the order for the publication of the notice invalid. The notice must be published in a newspaper, defined as "a newspaper of general circulation." A newspaper that is published in a "particular locality" and is circulated only in that locality does not fit the definition. That means if your county’s local newspaper is not print published in your county, you should receive the approval of the court before publishing the notice in that newspaper. However, it is not required to publish the notice in a newspaper that is actually located in your county or to use a newspaper that is published in California or any other state. You can, as you have always been allowed to do, place the notice on a state-approved website. You just have to use that approved website for all name, address and identification changes subject to the Nevada publication law. This is a good option for a foreign resident of Nevada. If you do not comply with the publication requirements, the judge can order the publication to be done again and set the process into motion for an extended time. The first publication must appear at least 5 days before your scheduled court hearing. Submitting a proof of publication is not a requirement, as long as the publication was completed.
Public Objections
Another challenge is possible objections by people with a valid interest in the name change. The objections may be made in person or in writing and can be made on any day up until the date of the court hearing. Such objections would be a concern if you were filing the legal action for the purpose of avoiding debt collections, committing fraud, defrauding creditors, fleeing criminal prosecution or avoiding a sexual assault charge. These cases are cited in NRS 41.200 (2). Having a different name without any of those intentions is unlikely to be of concern. Really, the main challenges people face are in completing the required notice publication without making a mistake. Being aware of those requirements and sticking to them is the best way to avoid delays.
Nevada name change FAQs
Who can file for a name change?
Any adult (ages 18 and over) can petition for a name change in Nevada. Consideration may be given to those who are aged 14 to 17, but their case must be fully reviewed and approved by the court. Any parent or legal guardian may petition on behalf of a child. Family courts will have final say as to whether or not the name change will be approved.
As a man, can I change my name to something traditionally female, and vice versa?
It is perfectly acceptable to change your name to something traditionally associated with the opposite gender. For example, you could change your name to "William to Mercedes" or "Stephanie to Simon." However, if this is a name that would be gleaned as a form of exit to escape a crime or defraud a creditor, the change may be denied.
Can a name change ever be denied?
Yes, a name change petition can be denied. The deciding asset in this plea before the court is that it is not viewed as having been made for any fraudulent or illegal reason . It has to be an honest, forthright decision for you or your family. As long as the request is made in good faith, it will almost always be accepted.
How quickly will my name change be granted?
In most cases, the decision will be quick, less than four weeks after filing. Once again, as long as it is viewed as being a name change made in good faith, it will very likely be accepted at once.
Where do I file my name change request?
All name changes are filed through the district court in your county of residence. You may go to the courthouse or the county recorder office to file the form as per the instructions given in your courts name change packet. In Clark County, filing has to be completed through the Clark County Law Library.
Can any name be requested?
In general, you should not attempt to change your name to one that you believe to be of someone who has a criminal record. Other than that, names can usually be changed with some minor exceptions.