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Short overview: When someone dies in Nevada and their estate enters probate, the estate’s personal representative (sometimes called an executor or administrator) steps into a fiduciary role. The representative must preserve estate property, pay valid debts and administration expenses from estate funds when possible, and handle ongoing obligations such as mortgage payments and utility bills to protect estate assets. If those obligations are not met, creditors (including mortgage lenders and utility providers) can take collection action against the estate or, in some cases, the property itself.

Who is responsible while the estate is in probate?

The personal representative appointed by the probate court has authority and responsibility to manage estate assets. Typical duties include locating assets, collecting income, paying administration expenses, paying valid claims, and maintaining property. The representative acts in the estate’s interest and must follow court orders and Nevada probate law and rules.

Mortgage payments during probate

• The estate (through the personal representative) is responsible for making mortgage payments on any property that remains subject to a mortgage. Continued payments protect the estate from foreclosure and preserve value for creditors and heirs.
• If the estate has sufficient liquid assets, the representative should pay mortgage installments from estate funds as an administration expense.
• If the estate lacks funds and the property is the only asset, the representative has several options: arrange a short-term payment plan with the lender, seek court authority to sell the real property to pay debts, refinance or have an heir or beneficiary assume or pay the mortgage (if the lender agrees), or allow the lender to foreclose. Lenders for mortgages in Nevada typically rely on their contractual rights and state foreclosure statutes to proceed if payments stop.
• Heirs or beneficiaries are generally not personally liable for the decedent’s mortgage debt unless they signed the loan, are co-borrowers, or otherwise personally guaranteed the debt. However, if heirs take ownership of the property and do not keep making payments, the lender can foreclose on the property itself.
• If the representative sells the house during probate, sale proceeds are applied to the mortgage and other valid claims before distributing any remainder to heirs, subject to court approval.

Utilities and ongoing property expenses

• Utilities (electric, gas, water, trash, etc.) are typically billed to the decedent’s account. The personal representative should notify utility companies of the death and arrange to continue necessary services while the estate administers the property and determines next steps.
• Paying utilities to maintain and secure estate property (keep heat/AC to prevent damage, maintain running water to prevent plumbing freeze, etc.) is normally an appropriate administration expense payable from estate funds.
• Utility companies may require documentation (a certified copy of the death certificate, letters testamentary or letters of administration) before transferring or continuing service in the estate’s name. If the estate cannot pay, utilities may be shut off, which can harm property value or safety.
• If a beneficiary or tenant occupies the property, they may contract to have utilities transferred to their name and become responsible for payment going forward. The representative should get written agreements to avoid disputes.

What if mortgage or utility bills aren’t paid?

• Mortgage: If payments stop, the lender may pursue foreclosure under Nevada law. Nevada foreclosures are often proceeded with under Nevada’s mortgage and foreclosure statutes. It is important to address missed mortgage payments quickly to avoid nonjudicial sale or foreclosure-related costs.
• Utilities: Utilities can be terminated for nonpayment. That may cause property damage or lower its marketability. Termination can also cause municipal liens in certain circumstances (for example, for unpaid municipal utility charges) which must be resolved in administration.

Practical steps for a personal representative (quick checklist)

1. Obtain and file the death certificate and open probate so you can get formal authority (letters testamentary or administration).
2. Locate the mortgage note, loan servicer contact, and account number. Notify the lender of the death and provide representative documentation.
3. Identify and notify utility companies; request billing transfers or continue service in the estate name; provide required documentation.
4. Inventory estate assets and determine available liquid funds to cover mortgage, utilities, insurance, and other necessary upkeep.
5. If funds are insufficient, contact the mortgage servicer immediately to explore options (forbearance, modification, short sale, assumption, or staged payoff) and consult the probate court or an attorney before promising payment or transferring property.
6. Keep clear records and receipts of all payments and communications; this protects you as representative and provides transparency to heirs and the court.

Where to find Nevada-specific information

For Nevada-specific probate procedures and forms, see the Nevada Courts self-help probate pages: https://nvcourts.gov/self_help/Probate/. For state statutes on mortgages and foreclosures, consult the Nevada Revised Statutes, chapter on mortgages/foreclosures: https://www.leg.state.nv.us/NRS/NRS-107.html. For the Nevada Revised Statutes home where you can search probate-related statutory provisions, see: https://www.leg.state.nv.us/NRS/.

Hypothetical example

Suppose a decedent in Las Vegas leaves a house with a mortgage and limited cash. The court appoints a personal representative. The representative notifies the mortgage servicer and arranges to make payments from a savings account the decedent left. They also contact the utility companies to keep electricity and water active while the house is marketed. If the estate runs out of funds, the representative asks the court for permission to sell the house quickly to pay the mortgage and distribute any remainder to heirs. If the representative had ignored mortgage payments, the lender could have started foreclosure, reducing the estate’s recovery.

When you should get a lawyer

Consult a Nevada probate attorney if: the estate lacks funds to pay the mortgage or utilities; the lender threatens foreclosure; multiple heirs disagree about whether to keep, sell, or abandon property; a home requires immediate work; or you need court guidance for a sale or loan assumption. A probate lawyer can help you understand duties and avoid personal liability as a representative.

Disclaimer: This content is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Nevada attorney.