Short answer

Yes. If your deceased sibling owned an interest in land that is part of a partition action, the people who inherited that interest (their heirs or devisees) must be included in the partition lawsuit or represented by the decedent’s personal representative. In Nevada, a partition court needs to join all persons who own an interest in the property before it can divide or order sale and distribution of proceeds. See Nevada’s partition statutes: NRS Chapter 40.

Detailed answer — what this means and the typical steps

1. Confirm the decedent’s interest

Start with the chain of title at the county recorder. If the deed shows your sibling as an owner and they have died, their ownership interest did not vanish — it passed to someone else (heirs or beneficiaries) or to the decedent’s estate. You need to identify who now holds that interest.

2. Check whether probate or a trust exists

If the decedent’s estate was opened in probate, the personal representative (executor/administrator) often must be joined in the partition action or substituted for the decedent as the party representing the decedent’s interest. If the property passed through a trust, the trustee may be the proper party to join.

3. Who to name as parties in the partition complaint

You should name every person or entity with a present legal or equitable interest in the property. That typically includes:

• Known heirs or devisees of the deceased owner (people who inherit under a will or Nevada intestacy law)
• The decedent’s personal representative (if probate is open)
• Trustee (if title is in a trust)
• Any lienholders (mortgages, judgment creditors)

Failing to include an owner or heir risks reopening the case later or a claim that the judgment was void as to omitted parties.

4. How to add heirs to an existing partition action

1. Locate and identify heirs. Use the decedent’s will (if any), probate filings, vital records (death certificate), and public records searches to identify likely heirs and their contact information.
2. If probate is pending, ask the court to substitute or join the personal representative for the decedent’s interest. If probate was not opened, you may either:
• Open probate and have the personal representative appear in the partition action; or
• Amend the partition complaint to name the heirs individually and serve them.
3. File an amended complaint or motion to join additional parties under the Nevada rules governing civil procedure (seek joinder of necessary parties).
4. Serve the newly added parties according to Nevada service rules. For known persons, that usually means personal service or certified mail. If some heirs cannot be located after a diligent search, the court may allow service by publication or other alternative service.
5. If heirs are minors or legally incompetent, ask the court to appoint a guardian ad litem or require the probate or family court to appoint a guardian to represent their interests before the partition proceeds.

5. Service on unknown or unlocatable heirs

If you cannot find an heir after reasonable diligence, Nevada courts may permit notice by publication or other substituted service so the lawsuit can proceed. Courts require proof of reasonable efforts to locate missing heirs before allowing publication. If the court approves publication, that provides constructive notice and allows the partition to move forward even if an heir does not actually receive notice.

6. Practical result in a Nevada partition

Once all necessary parties are before the court (or properly served by publication), the court can:

• Partition in kind — divide the land among owners if division is practicable; or
• Partition by sale — order a sale and divide the net proceeds according to each owner’s share.

Proceeds go to the holders of the ownership interests — heirs or the estate — according to their shares.

7. Helpful Nevada legal references

Key Nevada statutory resources on partition are in NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. For court procedure about joining or substituting parties, consult the Nevada Rules of Civil Procedure as adopted by the Nevada courts (see the Nevada court rules pages for the current rules).

Checklist — documents and information to prepare

• Certified copy of the decedent’s death certificate
• Deed(s) showing the decedent’s ownership in the property
• Copy of the will or trust (if any)
• Probate court case number (if probate was opened) and the personal representative’s contact
• Names, addresses, and relationship of likely heirs or devisees
• Evidence of your ownership or claim to participate in the partition (deed, title report)

Helpful Hints

• Do a title search first. The recorder’s records show who holds title now and whether a probate estate or trust exists.
• If probate exists, communicate with the personal representative before adding heirs separately; the representative can often appear for the estate’s interest.
• Document your attempts to locate missing heirs — courts require proof of diligent search before allowing service by publication.
• If heirs are minors or incapacitated, ask the court to appoint a guardian ad litem to protect their interests before any sale or distribution.
• Consider mediation or agreement among co-owners before court. Parties often resolve partition disputes by agreement to avoid sale costs.
• Time and cost: adding multiple heirs can lengthen the case, particularly if some are out of state or unlocatable.

When to get a lawyer

Consider hiring a Nevada real property attorney when:

• Heirs are unknown, numerous, or hard to locate
• There are competing claims to the same interest (e.g., will vs. intestacy)
• Minors or incapacitated persons are involved
• There are liens, mortgage issues, or tax complications