Can I buy out my siblings’ shares of my parent’s house in Nevada instead of selling it through probate?

Short answer: Often yes. In Nevada you can often avoid a court-ordered sale by working with the other heirs to buy their shares, but the exact steps depend on how title to the house is held (wills, trust, joint tenancy, or sole ownership subject to probate). If heirs cannot agree, a partition action in court can force a sale. This article explains the common paths, practical steps, documents, timelines, and where to look in Nevada law.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Nevada-licensed attorney.

Detailed answer — step-by-step process under Nevada law

1. First: identify how title is held and whether probate applies

Before any buyout you must know how the property is owned:

• If the parent owned the house in joint tenancy with right of survivorship, the surviving joint owner(s) take full title automatically — no probate and nothing to buy from siblings who are not joint owners.
• If the property is held in a living trust, the trustee follows the trust instructions and probate is usually avoided.
• If the parent died owning the property in their sole name and without a survivorship title or valid trust, the property generally passes through probate or intestate succession under Nevada law; see NRS Chapter 134 (descent and distribution) for how heirs take if there is no will: https://www.leg.state.nv.us/NRS/NRS-134.html.

2. If probate is required: determine whether the estate must open a probate administration

When the decedent owned real estate in their sole name, someone (an executor named in a will or an interested heir) usually opens an estate administration in the appropriate Nevada court so title can be transferred. Opening a probate is often necessary before recording deeds transferring ownership to heirs or buyers. If heirs all agree and the value is small, simplified procedures may be available from the Nevada courts; check the Nevada Courts probate/self-help pages: https://nvcourts.gov/self_help/.

3. Buyout options (when heirs agree)

If all heirs want you to keep the house, the usual buyout steps are:

1. Confirm who the legal owners/heirs are (review deed, will, trust). If probate is open or required, the personal representative may need to sign or authorize the transfer.
2. Get a professional appraisal or market analysis to establish fair market value.
3. Calculate each heir’s share. For example, if the estate passes equally to three children under intestacy rules, each has a one-third interest.
4. Offer each heir payment for their fractional interest equal to their share of the agreed value (or negotiate different amounts). Document the agreed price in writing.
5. Prepare a purchase agreement and require each selling heir to sign a deed (or an affidavit and deed if probate has closed and transfer is permitted). The deed type (grant deed, quitclaim deed) depends on circumstances and title issues.
6. Record the deed in the county recorder’s office after closing and pay any required recording fees and transfer taxes (if applicable).

4. If the estate is in probate

If the property is the estate asset, the personal representative (executor/administrator) generally has authority to sell estate property if the court authorizes it or if permitted by the will or statute. Heirs can still agree to a buyout, but the personal representative must follow probate rules when transferring property and distributing proceeds. If you and the heirs want to keep the property in the family, the personal representative can facilitate a transfer to you after receiving the heirs’ written consent and appropriate court filings if needed.

5. If heirs disagree: partition actions and court remedies

When heirs cannot agree, any co-owner or heir can file a partition action to force either a division of the property (in kind, if feasible) or a sale with proceeds divided among owners. Partition is a legal remedy available in Nevada; see Nevada law on partition: https://www.leg.state.nv.us/NRS/NRS-040.html. A partition action is often expensive and results in a court-ordered sale if the property cannot be physically divided.

6. Practical payment methods and financing the buyout

Common ways to fund a buyout:

• You put cash on the table for the shares.
• You refinance the property into your name alone and use the loan proceeds to pay siblings (a standard option — the lender will want clear title and may require probate to be closed or the estate representative to sign).
• Heirs take a promissory note secured by the property (seller financing), where siblings accept payments over time secured by a deed of trust.

7. Transfer and recording

After payment and agreement:

• Siblings sign deeds transferring their interest to you or to the estate so the estate can then transfer to you.
• Record the deed at the county recorder to update title.
• Make sure all lien, mortgage, and tax issues are addressed.

8. Taxes, fees, and costs to consider

• Potential capital gains tax when you later sell (your cost basis may be affected by whether you acquired the property from estate distribution or purchase).
• Recording fees and any documentary transfer taxes (local rules vary).
• Probate administration fees and attorney fees if probate is opened.

Helpful hints

• Start by ordering a copy of the deed, the will (if any), and a title report to confirm ownership and liens.
• Get a neutral professional appraisal to avoid disputes about value.
• Use a written purchase agreement and recordable deed rather than informal promises.
• If refinancing to fund the buyout, talk to lenders early — they may require probate to be complete or a clear title certificate.
• Consider mediation before filing a partition action — mediation can save time and cost and preserve family relationships.
• If the estate is small, check Nevada’s simplified probate procedures or small estate rules at the Nevada Courts website: https://nvcourts.gov/self_help/.
• Keep detailed records and receipts of all payments and agreements — those may be needed if the estate later requires accounting.
• Talk to a Nevada probate or real estate attorney when there is any uncertainty about probate obligations, liens, or disagreements among heirs.

Where to learn more about Nevada law and forms

• Nevada Revised Statutes (general): https://www.leg.state.nv.us/NRS/
• Descent and distribution (intestate succession): https://www.leg.state.nv.us/NRS/NRS-134.html
• Partition (actions to divide or sell real property): https://www.leg.state.nv.us/NRS/NRS-040.html
• Nevada Courts — probate self-help and forms: https://nvcourts.gov/self_help/

Final notes

Buying out siblings’ shares is a common, workable solution to keep a family home in Nevada, but success depends on clear title, an accurate valuation, and sibling cooperation. When cooperation breaks down or title is unclear, probate court or a partition action may be necessary. If you plan to proceed with a buyout, consider at least a consultation with a Nevada probate or real estate attorney to review documents, confirm necessary probate steps, and prepare the deed and closing paperwork.

Remember: this information is educational only and does not create an attorney-client relationship or constitute legal advice.