What happens if a survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest?
Detailed answer — what this likely means under Nevada law
If a survey or title search shows that a property was conveyed out of your mother’s estate decades ago, the practical legal effect usually depends on three things: (1) whether the conveyance was validly executed and recorded, (2) whether the transfer occurred through a properly conducted probate or by a valid deed, and (3) whether any legal defect (forgery, fraud, lack of authority, or an unresolved probate) still gives you a possible claim.
1. Recorded conveyance generally transfers legal title
In Nevada, a valid deed that was signed, properly delivered and recorded creates a strong presumption that legal title passed to the grantee and their successors. If the deed was executed by a personal representative or by your mother while she was alive (and was valid), the person named on the recorded deed likely holds legal title today. For Nevada statutes about conveyances and recording, see NRS Chapter 111: Conveyances and recordings: https://www.leg.state.nv.us/NRS/NRS-111.html.
2. Conveyance in probate
If the property was disposed of through a probate administration, a final decree or order approving sale or distribution that was properly entered and recorded usually bars later claims by heirs after statutory time limits have run. To check whether probate occurred, you can request the probate case file from the county probate clerk where your mother lived.
3. Possible exceptions that could reopen the matter
- Fraud, forgery, or lack of authority: If the deed was forged, signed under duress, or executed by someone without authority (for example a person falsely claiming to be a personal representative), you may have grounds to challenge the transfer.
- Improper probate procedure: If the probate was never properly noticed or the personal representative acted outside their authority (self-dealing, failing to follow court orders), you may have a claim against the estate or the transferee.
- Statutes of limitation and laches: Nevada imposes time limits for bringing challenges (both for contesting probate orders and for suing to set aside conveyances). Long delays can make it harder or impossible to reopen the matter.
- Adverse possession or quiet title claims: A long-possessing transferee may have acquired title by adverse possession or by clearing title through a quiet-title action. Nevada law governs actions affecting title; see NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.
4. Practical outcome if you truly have no interest
If the chain of title is clean, the deed or probate order is valid, and you have no surviving legal interest under Nevada succession law, then you likely have no ownership rights in the property. The recorded owner can sell, mortgage, or otherwise control the property subject to any liens or encumbrances of record.
5. What you can do next
– Obtain certified copies of the recorded deed(s) and any probate court file (contact the county recorder and probate clerk where the property or your mother’s estate was administered).
– Get a full chain-of-title report or a title insurance commitment from a title company.
– If you suspect wrongdoing, consult an attorney experienced in Nevada probate and real property law about challenging a deed or reopening probate. Common remedies include an action to set aside a deed, a trust/probate contest, or a claim for breach of fiduciary duty against a personal representative.
– If the other party has been in uninterrupted, open possession for the statutory period, an adverse possession defense or quiet title action may bar your claim — an attorney can explain how Nevada’s limitation and adverse-possession rules apply.
For general Nevada court self-help information (including probate records and forms), see the Nevada Courts website: https://www.nvcourts.gov/.
Helpful hints
- Start by getting the recorded deed and the probate docket number (county recorder and county probate clerk). These records show who owned the property and whether a probate was opened.
- Ask a title company for a chain-of-title report and any recorded encumbrances. Title companies specialize in tracing decades-old transfers.
- Time matters. Nevada has deadlines for contesting probates and for bringing claims about property transfers. If you think there was wrongdoing, consult an attorney promptly.
- Keep copies of all documents and a timeline of events. Note who held possession and when — possession facts matter for adverse possession and equitable claims.
- If you find a possibly invalid transfer (forgery, fraud, or unauthorized sale by an executor), a probate attorney can advise whether you can reopen the estate or sue to set aside the conveyance.
- Consider mediation or negotiation when appropriate. Sometimes a negotiated settlement (partial compensation, quiet-title agreement) resolves disputes faster and less expensively than litigation.