Disclaimer: This is educational information only and not legal advice. For guidance specific to your situation, consult a Nevada attorney.
Detailed Answer
Why an inherited house may not be a probate asset under Nevada law
Not all property a person owned when they died becomes part of their probate estate. In Nevada, an asset avoids probate when title passes automatically to someone else on the owner’s death. Common ways that happens include:
- Joint ownership with right of survivorship: If the decedent owned the home as joint tenants (or as community property with right of survivorship), title transfers immediately to the surviving co-owner at death.
- Beneficiary or transfer-on-death arrangements: Nevada recognizes conveyances that name a beneficiary who takes at death or other nonprobate devices. (Check recorded documents to see if one exists.)
- Revocable living trust: If the house is titled in a trust, the trustee follows the trust terms and transfers title without probate.
- Life estate or other recorded interests: The decedent may have given someone a remainder or survivorship interest that passes outside probate.
When title passes by one of these methods, the house is not an asset of the decedent’s probate estate and an estate administrator (personal representative) does not need to move title. To review Nevada probate law, see the Administration of Estates chapter: NRS Chapter 155 (Administration of Estates). For recorded conveyances and deeds, see the conveyances chapter: NRS Chapter 111 (Conveyances).
Who is responsible for the mortgage after death?
Two separate issues exist: (1) who holds title to the house, and (2) who signed the mortgage or promissory note. Just because title passes to a new owner does not automatically remove the deceased borrower’s obligation on the loan. Typical outcomes:
- If a surviving joint tenant/co-owner becomes the new owner, the lender may still have the right to collect from the deceased borrower’s estate if the decedent’s name remains on the loan, but the servicer usually looks to the property as collateral and can pursue foreclosure under the deed of trust.
- If the home passed outright to a beneficiary (nonprobate), that beneficiary owns the property and may be responsible to keep payments current or risk losing the house to foreclosure if the mortgage remains unpaid.
- If the home remains an asset of the probate estate (no nonprobate transfer exists or the deed was in the decedent’s sole name and probate is required), the personal representative has authority to act for the estate and must handle mortgage payments or options like sale, refinance, or surrender.
Can you make mortgage payments (and avoid foreclosure) without an administrator?
Yes — often you can make mortgage payments without an administrator — but there are important limits and practical steps to follow:
- If you already own the property by operation of law (joint tenancy, trust, beneficiary deed): You can and should contact the mortgage servicer immediately, tell them you are the new owner, provide a certified copy of the death certificate and recorded title documents, and arrange to keep payments current or negotiate alternatives (forbearance, modification, sale timeline). As the title owner you have the right to protect the property from foreclosure.
- If title has not yet been changed and the property appears to be part of the estate: Anyone may voluntarily make mortgage payments to prevent foreclosure. Mortgage servicers usually accept payments from third parties, but you should:
- Obtain written confirmation from the servicer that it will accept your payment and how acceptance affects the loan (it usually preserves the property from immediate foreclosure but does not change who is legally obligated on the loan).
- Get receipts and keep careful records. Payments do not create ownership rights unless you have a separate agreement or you take title legally.
- If you are not on title and the loan is only in the decedent’s name: Making payments protects the home from foreclosure while you work on transfer issues, but it does not guarantee legal ownership. If you later want equitable relief (credit for payments) or to claim title, consult an attorney—Nevada courts consider circumstances such as contribution and intent.
- If the house is in a trust: The trustee manages payments. If you are the successor trustee, you have authority to act without a probate administrator.
Foreclosure of a deed of trust in Nevada is typically governed by the statutes dealing with deeds of trust and nonjudicial foreclosure procedures. See: NRS Chapter 107 (Deeds of Trust and Foreclosure). A lender can move forward under those rules unless you or the estate quickly negotiates a solution.
Practical steps you should take right now
- Confirm who owns title. Search the county recorder’s office or ask a title company for a title report. That will show whether title passed outside probate.
- Contact the mortgage servicer. Give them the account number, death certificate, and proof of your status (surviving joint owner, beneficiary, successor trustee). Ask what options are available: reinstatement, loan modification, forbearance, short sale, or deed-in-lieu.
- Preserve the property. If you intend to keep the house, make timely payments. If you are paying without being on title, obtain written receipts and written acknowledgment from the servicer that your payments were accepted to preserve the property from foreclosure for the payment period.
- Address property taxes and insurance. Failure to pay taxes or keep insurance can trigger tax sale or lender action even if mortgage payments continue.
- Gather documents that show the transfer method (recorded deed, trust documents, beneficiary designation, death certificate). Those documents will determine whether probate is necessary.
- If probate is required and timely action is needed to preserve value, consider opening probate or asking the court for limited authority for an emergency personal representative; Nevada probate procedures are in NRS Chapter 155.
- Keep all communications in writing and keep copies of every payment and receipt.
Helpful Hints
- Don’t assume a loan disappears when someone dies. Mortgages and deeds of trust often remain tied to the property as security.
- If you’re the new owner by deed or trust, record the transfer promptly at the county recorder to show clear title.
- Ask the servicer whether they will accept payments by a third party and whether those payments affect acceleration or foreclosure timing.
- Get written confirmation of any forbearance or modification. Oral promises are risky.
- Pay property taxes and keep homeowner’s insurance current in addition to mortgage payments to prevent other enforcement actions against the property.
- If you’re uncertain who has legal authority, consult a Nevada probate/real estate attorney early — it can be cheaper than losing the property to foreclosure.
- Document everything: dates, names, phone numbers, what was said, copies of sent checks, bank records, and certified mail receipts.
Where to get help: Contact the mortgage servicer for payment options. For questions about whether the house is probate property, how to change title, or how to protect your legal rights, see Nevada’s statutes on probate and foreclosure (NRS Chapter 155, NRS Chapter 107) and consider speaking with a Nevada attorney who handles probate and real estate.