Detailed answer — step-by-step guide

Step 1 — Don’t assume the will controls the property without checking title and beneficiary designations

Start by collecting these documents: the original will (if any), the death certificate, the deed for the real property, the mortgage statement, any trust documents, insurance policies, retirement account beneficiary designations, and any transfer-on-death deed or signed joint tenancy paperwork. In Nevada, what the decedent owned in their name at death usually goes through probate. But property held in a living trust, held jointly with rights of survivorship, or titled to a beneficiary (for example, a TOD deed or a named beneficiary on an account) may pass outside probate. Confirm the recorded deed at the county recorder to see how title is held.

Step 2 — Determine whether the will is valid or superseded

An “outdated” will may still be valid if it was properly executed and not revoked. But a later will, a valid codicil, a marriage/divorce, or the existence of a trust or beneficiary designation can change distribution. If the will in hand is old, the probate court will still evaluate its validity when you file it. If there is a later will or a question about revocation, the court resolves that during probate.

Step 3 — Open probate (or the appropriate administration) to get authority

To act for the estate, you generally must be appointed by the probate court as the personal representative. That appointment is documented with letters testamentary (where there is a will) or letters of administration (when there is no valid will or when no executor is able to serve). The court issues these letters only after someone files the necessary probate petition and the court approves appointment. Those letters are what banks, title companies, county recorder offices, and buyers look for when real estate is sold.

Step 4 — Identify whether a simplified procedure applies

Nevada provides summary or simplified procedures for some smaller estates or if property passes outside probate. If the estate’s value is low or the property transfers by written beneficiary designation or joint ownership, you may not need full probate. The Nevada Courts self-help pages and the Nevada Revised Statutes provide the details and dollar thresholds (check the court’s website or statutes for current numbers). If a simplified path applies, you may be able to sell property with much less court involvement.

Step 5 — Inventory, notify creditors, and clear title

After appointment, the personal representative inventories estate assets and notifies known creditors and publishes notice to creditors if required. Creditors have a statutory period in which to file claims. The estate must resolve valid claims and pay expenses before final distribution. To sell a house free of estate claims, you must follow the probate process for notifying creditors and obtaining court approvals when required. The personal representative’s deed (often called an executor’s deed or personal representative’s deed) transfers title, but a title company will require evidence of the appointment and that the sale is authorized — typically letters and sometimes a court order.

Step 6 — Get court approval to sell if needed

Many sales of estate real property proceed with the personal representative selling under their statutory authority. However, if the sale is to an interested party (for example, a beneficiary), or if the will or beneficiaries object, you may need explicit court authorization and/or confirmation of sale. In those cases the court will set a hearing and approve the sale, sometimes requiring notice to beneficiaries and potential overbidders. If the probate is uncontested and you have clear letters, a title company will usually accept a sale and record the deed.

Step 7 — Closing and deed

At closing the personal representative signs the deed transferring the real estate. The deed should recite that the signer is the personal representative and cite the letters testamentary or administration (including court and case number). After closing, file the deed with the county recorder. Retain records for closing, creditor payments, and distributions — courts expect the personal representative to keep clear records and to file an accounting if required.

When the will is outdated or the named executor is unavailable

If the will names an executor who has died, refuses to serve, or cannot be located, the court will appoint a different personal representative — usually a person with the next priority under Nevada probate law (close family or a nominated successor in the will). If the will is ambiguous or conflicts with later documents, petitioners should disclose the competing documents to the court and let the court determine validity.

When the property isn’t in the decedent’s name

If title already passed by joint tenancy, community property with right of survivorship, trust, or beneficiary designation, the estate may not need to sell the property through probate. For instance, if the property is in a properly funded trust, the successor trustee sells or transfers it under trust terms without probate. Always confirm the recorded deed and any trust instruments.

Official Nevada resources and where to look for the exact rules

• Nevada Revised Statutes (search for statutes on wills, probate, and decedents’ estates): https://www.leg.state.nv.us/NRS/
• Use the legislature’s search to find specific provisions (search terms: “wills,” “probate,” “administration”): https://www.leg.state.nv.us/Search/Results?search=probate and https://www.leg.state.nv.us/Search/Results?search=wills
• Nevada Courts — Self-Help Probate center with forms and local court contact info: https://nvcourts.gov/Self_Help/Probate/

Bottom line: You usually need the probate court to appoint a personal representative and issue letters before you can sell estate real property in Nevada — unless the property already passes outside probate or the estate qualifies for a simplified procedure. Confirm title, collect documents, open probate if needed, obtain letters, resolve creditor issues, and then sell or obtain court approval.

Disclaimer: This is general information, not legal advice. Laws change and each estate has unique facts. Consult a Nevada probate attorney or the local probate court to confirm the steps that apply to your situation.

Helpful hints — practical checklist for selling estate property in Nevada

• Locate the original will and death certificate first. The original may be required to open probate.
• Pull a title report or go to the county recorder to confirm how the property is titled before assuming it must go through probate.
• If the decedent used a trust or a transfer-on-death instrument, review those documents with an attorney or title company.
• If you are named executor but haven’t been appointed by the court, don’t sign deeds or transfer assets — get letters testamentary first.
• If the named executor is unavailable, ask the court to appoint a successor personal representative.
• Ask the probate clerk which forms and fees your county requires. Nevada courts publish self-help forms online.
• Notify creditors and beneficiaries as required; unresolved claims can cloud title or delay sale proceeds distribution.
• Work with a title company early — they will tell you what documents they need (letters, court orders, affidavits) to insure a sale.
• If a beneficiary objects to a sale or if the sale is to an interested buyer, plan for possible court hearings and approval requirements.
• Consider hiring a Nevada probate or real estate attorney if the estate is complex, contested, or there are tax consequences.