PROBATE

What is probate in Nevada?

By Steve Lockhart

The short answer

Probate is the legal process that moves a deceased person's assets to the people they belong to, and in Nevada that process runs through the district court with a court-appointed person in charge.

Full answer

Probate is the legal process that moves a deceased person's assets to the people they belong to, and in Nevada that process runs through the district court with a court-appointed person in charge. That person is called the personal representative: the executor if the will names one, or the administrator if there is no will. They inventory the assets, protect them, pay debts and taxes, and distribute what remains according to the will, or according to state law if there is no will.

What pulls an estate into probate is usually a house. Joint bank accounts, life insurance, retirement accounts with a named beneficiary, and property held in a trust pass outside probate. But a house titled only in the deceased person's name has no one with legal authority to sign a deed until the court gets involved, so the home becomes the centerpiece of the probate case.

Keep in mind I am a Realtor, not an attorney. I can help you understand the value, the market, and the selling side of the house, but the legal process itself is run by the personal representative with a probate attorney. The two work together: the attorney manages the court steps, and I manage the home sale.

A note about legal guidance: Steve is a licensed Realtor, not an attorney or a tax advisor. Probate, estate, and related tax questions involve Nevada law and IRS rules, and the specifics of your situation deserve a review with a probate attorney and a CPA who know your case.

Go a little deeper

Frequently asked

Questions people often follow up on

Is probate required for every death in Nevada?

No. Assets that pass by joint tenancy, right of survivorship, beneficiary designations, or a trust generally do not go through probate, and smaller estates have simpler procedures. Probate is typically required when a person dies owning assets, especially a house, in their name alone.

Who runs the probate process?

The personal representative runs it under the court's supervision, usually with a probate attorney. The representative gathers and protects the assets, pays debts and taxes, sells property when needed, and distributes what remains.

Why does the house matter so much in probate?

Because a deed needs someone with legal authority to sign it. The court appointment is what gives the personal representative that authority, so the house is usually the largest asset and the reason the estate cannot simply wrap itself up informally.

The Lockhart Method

Your Home | My Strategy | Proven Results

My strategy: get the estate inventory moving early, because the house sits at the center of every timeline. While the probate attorney handles the court steps, we value the home, understand the condition, and map the selling options so the largest asset does not wait on paperwork.

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