Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a property owner dies in Nevada without a specific distribution plan or through a will, the real estate passes to heirs upon the court’s order of distribution under NRS 138.020. Heirs typically hold title as tenants in common. Each co-owner has an undivided interest in the whole property.
Co-tenants have the right to occupy the entire property. Neither heir can unilaterally exclude the other from common areas. If one heir lives on the property and excludes the other co-tenant, the excluded heir may seek rent or reimbursement for use under equitable principles.
When co-owners disagree on continued occupancy or sale, Nevada’s partition statutes apply. Under NRS 40.430, either co-tenant may file an action in district court to partition the property. The court may:
- Divide the land physically if practical.
- Order a sale of the property and distribution of net proceeds among co-owners under NRS 40.450.
Before a sale, the occupying co-tenant has a right to redeem the interest of the non-occupying heir. Under NRS 40.460, the occupant can deposit the non-occupant’s share of the fair market value into court within 60 days of notice and thereby prevent the sale.
In practice, heirs often negotiate: the occupant may buy out the other’s interest, agree to pay rent, or sell their own share. These alternatives can avoid court costs and delays.
Helpful Hints
- Review the probate court’s order of distribution to confirm ownership shares.
- Obtain a professional appraisal to determine fair market value.
- Explore a buyout: the occupant may offer cash for the other heir’s interest.
- Consider a co-ownership agreement to set ground rules for use, expenses, and sale.
- Use mediation or arbitration to resolve disputes outside court.
- Keep detailed records of improvements and expenses paid by each co-owner.
- Consult a qualified Nevada attorney before filing a partition action.