Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
When a property owner dies without a valid will in Nevada, the estate passes through intestate succession. Multiple heirs must follow a probate process to transfer the title of an inherited home.
1. Intestate Succession Rules
Nevada Revised Statutes (NRS) Chapter 134 governs distribution of assets when there is no will. Key provisions include:
- NRS 134.050: Distribution to spouse and children.
- NRS 134.070: Distribution if there is no spouse.
2. Opening Probate Proceedings
An heir must file a petition for formal administration in the district court of the decedent’s county under NRS 145.020. The court appoints a personal representative (administrator) who inventories assets and notifies creditors.
3. Summary Administration for Small Estates
If the net estate value does not exceed $100,000, heirs may use summary administration under NRS 146.020. This process is faster and less costly.
4. Determination of Heirs
The court issues an order naming heirs and their shares. If heirs agree, they may file a stipulated partition or conveyance.
5. Recording the New Deed
- Prepare a court-certified order or decree of distribution.
- Execute a new deed signed by all heirs or the personal representative.
- Record the deed with the county recorder’s office to complete transfer.
Helpful Hints
- Obtain certified copies of the death certificate early.
- Gather property deeds, mortgage statements, and tax records.
- Check estate valuation thresholds for summary administration.
- Communicate openly with co-heirs on property disposition.
- Consult a probate attorney to ensure proper filings and avoid delays.