How Nevada probate procedures transfer real property under a will

Short answer: In Nevada, a decedent’s real property typically transfers under a will only after a probate court recognizes the will and a personal representative (executor) has authority. In many cases you must open a probate estate, obtain letters testamentary or a court order, and then record a certified copy of that order or an authorized deed at the county recorder to change title. Nevada also provides simplified or summary procedures for small or limited estates in some situations, but those have eligibility rules and limits.

Detailed answer — how the process usually works in Nevada

This section explains the common path for transferring real property under a will in Nevada. It assumes a typical scenario: a decedent executed a valid will naming a personal representative and left real property that must pass under the terms of that will.

1. Locate the original will and determine if probate is required

Find the original will. Nevada courts generally require the original will when you open probate. Check whether the property already passes by non‑probate means (joint tenancy, transfer‑on‑death deed, living trust, beneficiary designation). If a non‑probate device controls, probate may not be necessary.

2. Decide which probate path applies

Nevada offers different probate paths depending on the estate’s assets, size, and the facts. Options include formal probate administration and some simplified procedures for small or limited estates. Which path applies affects paperwork, notices, deadlines, and how soon title can be transferred.

For general guidance and forms see the Nevada Courts self‑help probate pages: https://nvcourts.gov/Self_Help/Probate/ and the Nevada Revised Statutes online index: https://www.leg.state.nv.us/NRS/.

3. Open probate and ask the court to admit the will

You (usually the nominated executor) file a petition in the probate division of the district court in the county where the decedent lived. Typical filings include the original will, a petition to admit the will and appoint the personal representative, and required notices to heirs and creditors. If the court admits the will and appoints you, the court issues letters testamentary (or a similar document) that officially gives you authority to act for the estate.

4. Take possession of estate assets and identify creditors

As personal representative you inventory estate assets, determine whether creditors exist, and follow notice and claim procedures required by Nevada law. You also manage estate obligations (mortgages, taxes, utilities) until distributions occur.

5. Transfer real property title

Once you have authority from the court (letters testamentary or a court order admitting the will), you can transfer title in one of these common ways:

• Prepare and sign a deed (usually called an executor’s or personal representative’s deed) conveying the property to the beneficiary named in the will. The personal representative signs the deed, which is then notarized and recorded in the county recorder’s office where the real property sits.
• If the probate is still open and there are issues (claims, disputes), the court may enter a specific distribution order directing the county recorder to transfer title or directing the personal representative to execute a deed.
• In some limited‑asset or summary procedures, the court may issue an order or certificate permitting direct transfer without full administration; follow the statutory requirements for that specific procedure before recording.

Recording a certified copy of the probate order and the letters, along with the executed deed, provides public proof of the transfer and lets the county update its records. Until you record the proper deed and documents, title may remain in the decedent’s name.

6. Close the estate

After you resolve creditor claims, pay valid debts and expenses, and distribute the property per the will, file a final accounting or petition to close the estate and obtain the court’s discharge. Keeping clear records helps if a future title issue or challenge arises.

Timing and practical considerations

• Timeline: Simple uncontested probates that only transfer real property can still take several months. If there are creditor claims or disputes, it may take longer.
• Title companies: Title companies often require certified probate documents and sometimes a court order before they will insure the new owner’s title. Work with the county recorder and a title company early.
• Taxes and liens: Mortgages, property taxes, and liens remain attached to the real property until paid or released. Clear them to ensure a clean transfer.

When a simplified or limited procedure might apply

Nevada law provides simplified procedures for small or limited estates in certain cases. These procedures allow quicker transfer of assets without full administration, but they have eligibility rules and asset limits. Check the Nevada Courts self‑help resources and the Nevada Revised Statutes for the exact tests and forms: https://nvcourts.gov/Self_Help/Probate/ and https://www.leg.state.nv.us/NRS/.

Common pitfalls and how to avoid them

• Assuming title transfers automatically on death — it usually does not without probate, a transfer‑on‑death instrument, joint tenancy, or trust. Confirm the ownership mechanism before proceeding.
• Recording the wrong document — many county recorders require a certified copy of the probate order plus a properly executed deed. Call the recorder’s office to confirm requirements.
• Ignoring creditor notice rules — failure to follow statutory notice and claims procedures can expose the personal representative to liability.
• Not checking local forms and practice — probate forms and local procedural rules vary by county; check the local court and recorder policies.

Helpful links

• Nevada Courts — Probate self‑help: https://nvcourts.gov/Self_Help/Probate/
• Nevada Revised Statutes (NRS) online: https://www.leg.state.nv.us/NRS/
• Nevada court clerk contact pages (for county filing and local rules): visit the Nevada Courts page above and select your county.

Helpful Hints

• Start by locating the original will, death certificate, and any deeds or title insurance policies.
• Check whether the property passes by a non‑probate method (joint tenancy, TOD deed, trust). If so, you may avoid probate.
• Contact the county recorder early to learn their requirements for recording a personal representative’s deed or certified court order.
• Get a title search or work with a title company to identify liens or clouds on title before attempting to transfer property.
• Serve required notices and follow Nevada filing deadlines to protect yourself as a personal representative.
• Keep detailed records of all estate transactions and communications; the court will expect an accounting before closing the estate.
• If the case is contested, urgent, or complicated (e.g., large debts, multiple properties, disputes among heirs), consult an attorney experienced in Nevada probate law early.

Disclaimer: This is general information about Nevada probate practice and not legal advice. Laws and court procedures change. For guidance about a specific situation, consult a licensed Nevada attorney or the local probate court.