What to do if a surviving spouse won’t sell a house so the will’s beneficiaries can get proceeds — Nevada

Short answer: In Nevada you usually must open the decedent’s estate in probate and determine the decedent’s and spouse’s legal ownership and statutory rights. If the house is part of the probate estate and the surviving spouse does not own the entire property, the personal representative can petition the court to sell estate real property or a beneficiary may seek a partition or other court order. If the surviving spouse owns all or a legally protected share (for example, community property or a homestead/elective share), you may not be able to force them to sell that share without resolving those ownership and statutory rights first.

Detailed answer — step by step (Nevada)

Below is a practical roadmap and legal concepts you should understand. This is a general explanation — your facts may change the outcome.

1. Identify ownership and immediate rights

• Check the deed and title records. Who is listed as owner(s)? If the house is titled in both spouses’ names as community property or joint tenants with right of survivorship, ownership may pass automatically and the will cannot transfer that portion.
• Determine whether the home is community property, separate property, or held in joint tenancy, trust, or another arrangement. Nevada is a community-property jurisdiction; ownership characterization matters for what the will can control.
• Consider homestead and elective-share protections. Nevada law and case law provide protections for surviving spouses that can limit dispositions made by a will.

2. If the house is part of the decedent’s probate estate, open probate

If the decedent owned the house in a way that makes it part of the probate estate (for example, owned solely and devised by will), a beneficiary or the nominated executor should file a petition to admit the will and for appointment of a personal representative in the appropriate Nevada district court. The Nevada probate statutes and court self-help resources explain the admission and administration procedures: NRS Chapter 133 (Administration and Disposition of Estates) and Nevada Courts — Probate Self-Help.

3. Personal representative’s authority to sell estate property

Once appointed, a personal representative has statutory duties and powers to marshal assets, pay debts, and distribute what remains. If selling real property is necessary to pay creditors or to satisfy the terms of the will (for example, if the will directs sale and distribution), the personal representative may be able to sell the property with court approval. If the personal representative faces a refusal by a surviving spouse who claims an interest, the representative can petition the court for authority to sell.

4. If the surviving spouse claims an ownership interest

• If the spouse owns an interest (e.g., community property), the spouse cannot be forced by the will to transfer their own share. A court-ordered partition action or negotiated buyout may be needed to divide or sell the property and allocate proceeds between owners.
• If the spouse claims homestead rights or elects against the will, those statutory rights can block an immediate sale until the rights are resolved. You will need the court to decide or to compensate the spouse for their statutory claim.

5. Partition or forced sale by a co-owner or beneficiary

If the spouse and other owner(s) cannot agree, a beneficiary who inherits the decedent’s share may seek a partition action in Nevada district court. A partition proceeding asks the court either to physically divide the property (if practical) or to order a sale and divide the proceeds according to ownership shares. Partition is an equitable remedy and the court will consider practicalities, liens, and statutory protections.

6. Practical alternatives before litigation

• Negotiate a buyout. Offer the spouse fair market value for the decedent’s share or offer to buy their share.
• Mediation. A neutral mediator can help resolve competing claims without long, costly litigation.
• Temporary solutions. The court can impose temporary orders (e.g., to preserve the property or pay expenses) while rights are litigated.

7. Documents and evidence you will need

• Death certificate and the decedent’s will
• Deed(s) and title report
• Mortgage statements, property tax bills, and homeowner’s insurance records
• Any prenuptial or postnuptial agreements
• Communications with the surviving spouse about possession or sale

8. Timing and likely outcomes

Probate and contested property proceedings can take months to years depending on disputes. If the personal representative obtains court approval, sale and distribution can proceed. If the surviving spouse owns the property outright or has an enforceable statutory right, you may have to buy them out, compensate them under statute, or otherwise resolve their interest before a sale directed by the will can proceed.

Helpful hints — practical tips to move forward

• Start by confirming title and ownership at the county recorder. That clarifies whether probate is required.
• Open probate quickly if the house is in the decedent’s sole name and creditors or beneficiaries need administration; delay can complicate asset management.
• If you are a named executor, accept or decline the appointment after you understand the estate’s liabilities and assets.
• Collect documents listed above before meeting with an attorney; it saves time and legal fees.
• Get a professional valuation or broker opinion of value if you plan a buyout or sale.
• Consider mediation before filing a partition or contested probate motion — courts often favor settlement and it is much cheaper.
• If the spouse claims homestead or other statutory protections, ask an attorney about how Nevada law applies to those rights early in the case.
• Use the Nevada Courts’ probate resources for forms and local rules: nvcourts.gov/Self_Help/Probate/.

When to hire an attorney: Hire a Nevada probate or real-property attorney if ownership is disputed, a surviving spouse claims legal protections, or you anticipate needing the court to order sale or partition. An attorney can file the necessary probate petitions, bring partition or other equitable actions, and request appropriate court orders to preserve estate assets.

Key Nevada statutory resource: Nevada’s probate statutes are collected in NRS Chapter 133 (Administration and Disposition of Estates): https://www.leg.state.nv.us/NRS/NRS-133.html. Use that chapter and Nevada Courts’ self-help pages as a starting point for procedure and forms.

Hypothetical example: Alice inherits a house under her late husband’s will. The home was titled only in his name. Alice refuses to vacate or sell. Bob, a beneficiary under the will, petitions the district court to admit the will and ask the appointed personal representative to sell the house to satisfy a cash bequest. The court examines title, creditor claims, and any statutory spouse rights. If no community property or homestead claim blocks sale, the court may authorize the sale and the personal representative distributes net proceeds per the will and statute.

Disclaimer

This article explains general Nevada legal principles and steps you might take. It is educational information, not legal advice. For advice about your specific situation, consult a licensed Nevada attorney who can evaluate title documents, statutory claims, and local court procedures.