Disclaimer
This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Step 1: Determine Whether Probate Is Required
First, identify if the decedent’s real property must pass through probate. If the estate’s total assets (excluding real property) do not exceed $100,000, you may use the small estate affidavit process under NRS 146.360. Otherwise, formal probate is necessary.
Step 2: File a Petition for Probate
Submit a petition in the district court of the county where the decedent lived. The petition requests appointment of a personal representative to manage the estate. See NRS 132.010 for filing requirements.
Step 3: Appointment of a Personal Representative
Once the court approves the petition, it issues Letters Testamentary (if there’s a will) or Letters of Administration (if there’s no will). The appointed personal representative has authority to gather, manage and distribute estate assets. Authority and duties are detailed in NRS 132.020.
Step 4: Inventory and Appraisal of Real Property
The personal representative must file an inventory of all estate assets, including real property, within three months after appointment. This inventory must include a fair-market appraisal of each parcel. See NRS 146.070.
Step 5: Clear Title and Record Transfer Documents
To transfer real property into the estate, record a certified copy of the personal representative’s Letters with the county recorder’s office where the property lies. Then prepare and record a deed conveying the property from the estate to the beneficiaries or to the estate’s name while administration continues.
Step 6: Alternative for Small Estates
If eligible, use the small estate affidavit under NRS 146.360. After waiting 30 days post-death, the affidavit—filed with the county recorder—transfers real property without formal probate.
Step 7: Final Distribution and Closing the Estate
After paying debts and expenses, the personal representative distributes real property per the will or Nevada’s intestacy statutes (NRS Chapter 134). Finally, file a closing statement with the court to discharge the representative.
Helpful Hints
- Maintain clear records of appraisals and equalization among beneficiaries.
- Check for existing liens or mortgages before recording transfers.
- Consider hiring a title company to perform a title search.
- Consult an attorney if the estate includes out-of-state property.
- File required notices to creditors promptly to avoid personal liability.