How an Executor in Nevada Sells Real Property to Pay Estate Debts — FAQ

Short answer: As the personal representative (executor) in Nevada, you must confirm your authority, identify and preserve estate assets, give required notices to creditors and interested people, determine whether the will or statute lets you sell real property without court approval, and if not, petition the probate court for permission to sell. After a court order (if required), complete the sale, pay valid debts and costs in statutory priority, then account to the court and beneficiaries. This article explains each step in plain language and points you to Nevada resources.

Disclaimer

This is general information and educational only. This is not legal advice. Laws change and every estate is different. Consult a Nevada probate attorney or the probate court before taking action.

1. Confirm your authority as personal representative

Before you can manage or sell estate property, the court must usually issue letters testamentary or letters of administration that name you as the personal representative. Those letters prove your authority to act and are often required by title companies, banks, and purchasers.

Learn more about opening probate and getting letters at the Nevada Courts probate self-help pages: https://nvcourts.gov/self_help/Probate/. For the Nevada Revised Statutes (NRS) governing probate, start at the NRS index: https://www.leg.state.nv.us/NRS/.

2. Inventory and value the real property

Prepare an inventory of estate assets, including real property. Obtain at least one reliable market valuation or appraisal for the parcel(s) you plan to sell. The estate needs a current value so beneficiaries, creditors, and the court can evaluate the proposed sale.

3. Identify liens, mortgages, and secured claims

Order a preliminary title report to find mortgages, trust deeds, liens, or other encumbrances. You must notify lienholders and usually satisfy or address secured debts at closing. Secured creditors generally have priority over unsecured claims.

4. Give notice to creditors and follow the statutory claims process

Nevada requires the personal representative to give notice to creditors so they can file claims against the estate. That process is important because you generally should not distribute estate assets until the claims period ends or claims are resolved.

Check Nevada’s probate pages for creditor notice procedures and time limits. The Nevada courts explain creditor claims and notice requirements: https://nvcourts.gov/self_help/Probate/. See the Nevada Revised Statutes for detailed rules at: https://www.leg.state.nv.us/NRS/.

5. Determine whether you can sell without court approval

There are two common paths:

• If the will expressly grants a power of sale (or if Nevada statutory authority gives the personal representative a power to sell), you may be able to sell real property without a court hearing. The sale must follow any conditions stated in the will or statute.
• If no power of sale exists, or if beneficiaries object, you typically must petition the probate court for authority to sell the real property. The court will consider whether the sale is necessary to pay debts or is in the best interest of the estate and beneficiaries.

If you are unsure whether the will authorizes a sale, consult the will document and a probate attorney before proceeding.

6. If required: file a petition to sell real property and obtain a court order

When court approval is needed, file a verified petition in the probate case asking the judge to authorize the sale. Typical requirements include:

• A clear description of the property to be sold.
• The reason for the sale (for example, to pay debts, estate expenses, or to distribute proceeds to beneficiaries).
• The proposed method of sale (private sale, auction, listing with a broker) and the proposed terms (price, commissions, escrow instructions).
• Proof of proper notice to interested persons and creditors.

The court may set a hearing. If the judge approves the petition, the court will issue an order authorizing the sale and often setting any conditions (for example, minimum acceptable price or bidding procedures).

7. Complete the sale following the court order or statutory authority

Once you have authority (by court order or under the will/statute), carry out the sale consistent with the authorization:

• Use a licensed real estate broker or auctioneer if appropriate.
• Disclose your role as personal representative to buyers and to escrow/title companies.
• Make sure escrow receives the court order or letters testamentary as part of the seller documents.
• At closing, use sale proceeds to pay closing costs, pay off secured liens (mortgages), and withhold amounts reasonably necessary to pay known or reasonably anticipated estate debts and taxes.

8. Pay debts and administrative expenses in the proper order

After closing, pay estate administrative expenses (funeral costs, probate costs, attorney fees, accounting), taxes, and creditors in the priority required by Nevada law. Secured creditors are generally paid from sale proceeds before distributions to unsecured creditors and beneficiaries.

9. Provide accounting and distribute remaining assets

Prepare a final accounting for the court and the beneficiaries showing all receipts and disbursements, including the sale proceeds and how you used them to pay debts and expenses. After the probate court approves the accounting, distribute any remaining funds or property to beneficiaries per the will or Nevada law.

10. Keep meticulous records and communicate with beneficiaries

Maintain copies of the inventory, appraisal(s), title report, notices, receipts, escrow statements, court filings, and the final accounting. Keep beneficiaries informed about the sale process and timelines. Clear records protect you from later claims of mismanagement.

Helpful links (Nevada resources)

• Nevada Courts – Probate self-help: https://nvcourts.gov/self_help/Probate/
• Nevada Revised Statutes (NRS) — full index and probate statutes: https://www.leg.state.nv.us/NRS/
• Nevada Legislature home: https://www.leg.state.nv.us/

Helpful Hints

• Talk with a Nevada probate attorney early if the estate has mortgages, complicated title issues, or if beneficiaries may contest the sale.
• Get a current appraisal and a title report before listing the property.
• Do not distribute sale proceeds until creditor claim deadlines have passed or claims are resolved.
• Keep beneficiaries and heirs informed in writing—transparency reduces disputes.
• Use escrow and a reputable title company to ensure liens are cleared and funds are properly disbursed at closing.
• If you have the will’s power of sale, still double-check any statutory notice or recordation steps required to avoid future claims.
• Save all receipts and bank records; the court will expect a full accounting.

When to get legal help

If anyone contests your authority, disputes the sale price, or if title problems or tax questions arise, consult a Nevada probate attorney. Errors in selling estate real property can lead to personal liability for the personal representative.