{"id":114,"date":"2017-08-10T11:33:49","date_gmt":"2017-08-10T11:33:49","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=114"},"modified":"2024-04-25T23:21:08","modified_gmt":"2024-04-26T03:21:08","slug":"probate-transfers-of-real-property-in-nevada","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/probate-transfers-of-real-property-in-nevada\/","title":{"rendered":"Probate Transfers of Real Property in Nevada"},"content":{"rendered":"\n

Probate\nis the legal process of settling a decedent\u2019s estate and transferring property\nto devisees or heirs entitled to receive it. In Nevada, probate proceedings are\noverseen by the district court of the county where the decedent resided at the\ntime of death (NRS 136.010). Laws governing wills and decedent\u2019s estates are\ncodified at Title 12 of the Nevada Revised Statutes.<\/p>\n\n\n\n\n\n\n\n

Several\nfactors determine the length and complexity of probate, including how the\ndecedent held title to property. When title is vested in the decedent\u2019s sole\nname or as a tenant in common, the property is subject to probate. Non-probate\ntransfers include property titled with a survivorship interest, in a trust, or\nwith a beneficiary designation. For estates meeting certain criteria, Nevada\noffers probate alternatives; consult a lawyer for guidance. <\/p>\n\n\n\n

Following\nthe death of a Nevada resident, probate is initiated by delivery of the\ndecedent\u2019s will, if applicable, to the court, and petition of the court for\nprobate. The personal representative named in the decedent\u2019s will or any other\ninterested person, as determined by NRS 132.390, may petition for probate. <\/p>\n\n\n\n

To\ncommence administration of the estate, the court issues Letters to the personal\nrepresentative, appointing and authorizing him or her as the estate\u2019s\nfiduciary. The personal representative (PR) may be referred to as an executor\nwhen nominated in a will and appointed by the court, or an administrator when\nnot designated by a will and selected by the court (NRS 132.130, 132.040). For\nan intestate estate, (when the decedent dies without a will) the priority for\nappointment as the personal representative is established at NRS 139.040.<\/p>\n\n\n\n

The\ntotal value of the decedent\u2019s estate determines the appropriate category of\nadministration, whether summary or general. All probate matters, regardless of\ncategory, are subject to requirements to provide notice for hearing the\npetition for probate and notice to creditors, pursuant to NRS Chapter 155.\nNotices for probate hearings are typically mailed to interested parties, while\nnotices to creditors are published in a newspaper of common circulation.<\/p>\n\n\n\n

Among\nthe PR\u2019s powers, he\/she has the right to possess the decedent\u2019s property until\nthe estate is settled or delivered by order of the court to devisees or heirs (NRS\n143.020). In administering the estate, the PR may be required to sell the\ndecedent\u2019s property to pay debts, devises, family allowance, or expenses of\nadministration.<\/p>\n\n\n\n

Prior\nto sales of real property, the personal representative is required to publish\nnotice pursuant to NRS 148.220, unless the decedent\u2019s will includes a power of\nsale or directive to sell, or waiver is obtained from each heir or devisee.\nWith some exceptions, sales must be confirmed by the court within 30 days, or\notherwise vacated by the court (NRS 148.060). If the decedent left a will\ndirecting the sale of property or giving a power of sale, the personal\nrepresentative may proceed without notice, but must still petition the court\nfor confirmation of the sale (NRS 148.080).<\/p>\n\n\n\n

The\ninstrument used to convey a decedent\u2019s real property is a fiduciary deed. The\npersonal representative (PR) is an individual with a fiduciary obligation to\ndistribute the decedent\u2019s assets in accordance with the will, if one exists,\nand following the relevant laws. Letters issued by the court authorize the PR\nto administer a decedent\u2019s estate using probate. <\/p>\n\n\n\n

Executed\nby the PR, the personal representative\u2019s deed conveys to a grantee\/purchaser \u201call\nthe right, title, interest and estate of the decedent in the property at the\ntime of the decedent\u2019s death\u201d (NRS 148.280). In addition to referencing the\ndecedent\u2019s name, the case number, and the judicial district overseeing probate\nof the estate, the deed of sale must make a reference to the order confirming\nthe sale, and must be in compliance with the requirements established at NRS\n148.280. Record both the deed and a certified copy of the order confirming the\nsale in the county recorder\u2019s office of the county where the real property is\nlocated.<\/p>\n\n\n\n

After final accounting, the PR may distribute what remains of the estate to devisees or heirs. Chapter 134 establishes who is entitled to succeed to an interest in an intestate estate. Following a petition of the court for order to convey, transfer, or deliver property (NRS 148.410) and subsequent order for distribution, the PR records a deed of distribution as proof of the distributee\u2019s succession to the decedent\u2019s interest in real property. The deed of distribution is similar to a standard PR deed, except that no consideration is made for the transfer. A copy of the order for distribution must be recorded alongside the deed of distribution in the office of the county recorder in the county where the subject parcel of property is located (see NRS 151.110)<\/p>\n\n\n\n

Related Nevada Probate Documents:<\/p>\n\n\n\n