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Probate and Inherited Homes in Reno and Northern Nevada: A Plain-English Guide

Losing someone is hard enough. Figuring out what happens to their house can feel like a second full-time job. This guide explains, in plain English, how probate works in Nevada, when a house can skip probate, how a house can be sold during or after probate, and where to find official court help in Washoe County, Carson City, Lyon County, and Douglas County.

Quick note before you read: Reno Home Fellows is a home buyer. We are not attorneys, CPAs, financial advisors, or licensed real estate agents. This page is general information, not legal, tax, or financial advice. Laws change, so please talk with a Nevada probate attorney or CPA about your situation. The full disclaimer is at the bottom of this page.

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What This Guide Covers

Every figure on this page comes from the Nevada Revised Statutes (NRS) or an official court website, and the statute numbers are listed so you can check them yourself. Laws are updated, including by the 2025 Legislature, so confirm current numbers with the court or an attorney before you rely on them.

  1. Where do I start? A first-steps checklist
  2. Does the house need to go through probate?
  3. The types of Nevada probate
  4. Step-by-step: how probate typically works in Nevada
  5. Selling a house during probate in Nevada
  6. Selling after you inherit: taxes at a high level
  7. Your options with an inherited house
  8. Common situations
  9. Northern Nevada court resources
  10. Frequently asked questions
  11. Next steps
  12. Disclaimer
First steps

Where do I start? A first-steps checklist

In the first few weeks, focus on protecting the home and gathering information. Big decisions can wait.

  • Secure the property. Lock doors and windows, change locks if many people have keys, and check on the house regularly. Remove valuables and important papers to a safe place, and keep a simple list of what you moved.
  • Order certified death certificates. You will usually need several copies for banks, insurers, the county recorder, and the court.
  • Look for a will and any trust. Check files, safe deposit boxes, and the decedent’s attorney. In Nevada, a person who has a will must deliver it to the clerk of the district court within 30 days after learning of the death (NRS 136.050).
  • Keep insurance in force. Call the homeowner’s insurance company and tell them the owner has died and the house may be vacant. Many policies have vacancy limits.
  • Keep utilities and payments going. Keep power, water, and heat on (frozen pipes are a real risk in a Northern Nevada winter). Keep track of mortgage, HOA, and property tax bills.
  • Forward the mail and watch for bills, account statements, and deeds.
  • Do not sell, give away, or move assets yet. Until you have legal authority (for example, court-issued letters, a trustee role, or a recorded deed upon death), you generally cannot sign a deed or sell the house for the estate. Acting too early can create personal liability and family conflict.
  • Talk with a Nevada probate attorney if the estate includes real estate, debts, or disagreements.
Probate or not

Does the house need to go through probate?

Probate is the court process for proving a will (if there is one), appointing someone to manage the estate, paying valid debts, and transferring what is left. Not every house goes through it. Start by finding out how the house was titled. The deed is recorded with the county recorder.

Common ways a house can avoid probate

  • Living (revocable) trust. If the house was deeded to a trust, the successor trustee usually handles it under the trust’s terms, without probate. Trustees have their own legal duties, so a trust administration still deserves attention.
  • Deed upon death. Nevada lets an owner record a “deed upon death” that transfers the home to a named beneficiary when the owner dies (Uniform Real Property Transfer on Death Act, NRS 111.655 to 111.699). The deed must be recorded before the owner’s death to be effective.
  • Joint tenancy. If the house was owned as joint tenants, the surviving owner typically takes the deceased owner’s share automatically.
  • Community property with right of survivorship. For married couples, survivorship only applies if the deed expressly says “community property with right of survivorship” (NRS 111.064).
  • For joint tenancy and community property with right of survivorship, the survivor usually records an affidavit of death with a certified death certificate at the county recorder. Recording it creates a presumption that title has vested in the survivor (NRS 111.365).

Plain community property without survivorship

If a married person dies and the house was community property without survivorship language, the surviving spouse already owns one-half. The other half passes by the will or, with no will, to the surviving spouse, and only that half is subject to administration (NRS 123.250). An attorney can explain the court steps to confirm the surviving spouse’s title.

The small estate affidavit does not cover real estate

Nevada’s affidavit of entitlement (NRS 146.080) lets heirs collect property without court letters, but only when the decedent left no real property in Nevada, at least 40 days have passed since the death, and the property is under the limit: $150,000 if the claimant is the surviving spouse, or $25,000 for anyone else. If there is a house in the decedent’s name alone, this shortcut is not available for it.

Types of probate

The types of Nevada probate

If a house is in the decedent’s name alone, with no trust, no deed upon death, and no survivorship, some court process is usually needed. Nevada has several tracks, depending mainly on value.

ProcessWhen it may applyKey points
Affidavit of entitlement (NRS 146.080)No Nevada real property, value up to $25,000 ($150,000 for a surviving spouse)No court case. Wait 40 days after death.
Set aside without administration (NRS 146.070)Estate value does not exceed $150,000A simplified court order assigns the estate, in a priority order set by statute.
Summary administration (NRS Chapter 145)Gross value, after deducting encumbrances, does not exceed $500,000A shorter court process. Creditors get 60 days to file claims.
General (full) administration (NRS Chapter 144 and following)Larger or more complex estatesFull court supervision unless the court grants independent administration authority. Creditors get 90 days.
Special administration (NRS Chapter 140)Urgent situations or a delay in appointing a personal representativeA temporary administrator protects and collects the estate.

A few notes:

  • The thresholds above reflect the statutes as amended in 2025. Older articles online often list lower amounts ($100,000 set-aside or $300,000 summary). Always check the current law.
  • “Value” for a house generally means value after the mortgage for summary administration, because NRS 145.040 refers to gross value “after deducting any encumbrances.”
  • Independent administration. Under the Independent Administration of Estates Act (NRS 143.300 to 143.815), the court can grant a personal representative limited or full authority. With full authority, the personal representative has the power to sell real property (NRS 143.405), generally after giving a “notice of proposed action” to interested persons.
Step by step

Step-by-step: how probate typically works in Nevada

Every case is different, and an attorney or the court self-help center can tell you which steps apply. In general:

  1. File a petition in the district court for the county where the decedent lived (or where the property is). The petition asks the court to admit the will, if any, and appoint a personal representative (called an executor if named in a will, or an administrator if not).
  2. Give notice of the hearing to heirs and devisees as required by law (NRS 155.010 and 155.020).
  3. Attend the hearing. If approved, the court issues letters (letters testamentary or letters of administration). Letters are the legal proof that the personal representative can act for the estate.
  4. Notify creditors. The personal representative publishes and mails notice to creditors. Creditors generally have 90 days after first publication (or after mailing) to file claims in a general administration (NRS 147.040), or 60 days in a summary administration (NRS 145.060). Late claims are generally barred, with limited exceptions.
  5. Inventory and appraise the estate’s assets.
  6. Manage the estate. Pay valid debts, keep the house insured and maintained, and, if needed, sell property under court rules.
  7. Account and distribute. The personal representative files an accounting and asks the court to approve distribution to heirs or devisees.
  8. Close the estate.

How long does it take? Nevada law does not set one timeline. The creditor period alone is 60 or 90 days, and court calendars, notice periods, disputes, and the condition of the house all add time. Simple set-asides and summary cases tend to move faster. Contested or complex estates can take much longer.

If there is no will (intestate succession)

If the decedent left no valid will, Nevada’s intestate succession law, NRS Chapter 134, decides who inherits. A few examples for separate property:

  • Surviving spouse and one child: one-half to the spouse, one-half to the child (NRS 134.040).
  • Surviving spouse and more than one child: one-third to the spouse, the rest split among the children (NRS 134.040).
  • Surviving spouse, no children, both parents living: one-half to the spouse, one-fourth to each parent (NRS 134.050).
  • No spouse and no children: to the parents, then to siblings, and so on down the statute (NRS 134.050 and following).

Community property follows NRS 123.250 (described above), so the split can look different. A Nevada probate attorney can confirm who the heirs are in your case.

Selling in probate

Selling a house during probate in Nevada

Yes, a house can be sold during probate, but only by a personal representative with legal authority, and the sale usually needs court involvement. Here is how it generally works:

  • Court confirmation is the default. Except in certain situations (including summary administration under Chapter 145 and some independent administration cases), all sales of estate property must be reported to the court and confirmed by the court before title passes. The report and petition to confirm must be filed within 30 days after the sale (NRS 148.060).
  • Notice of sale. Notice of a real property sale is generally published in a local newspaper for 2 weeks (three publications, one week apart). The court can shorten this for good cause (NRS 148.220).
  • Appraisal and fair value. For a private sale, the court must be satisfied that the price represents fair market value, and the home must have been appraised within 1 year before the sale, unless the court waives the appraisal in specific situations (NRS 148.260).
  • Overbids at the hearing. At the confirmation hearing, other buyers can make a higher offer. The court can accept a higher bid of at least 5 percent more if the original bid is $100,000 or less, or at least $5,000 more if the original bid is $100,000 or more (NRS 148.270). That means a signed contract during probate is not final until the court confirms it, and the original buyer can be outbid.
  • Independent administration. A personal representative with full authority under NRS 143.300 to 143.815 may be able to sell without the usual court confirmation process, after giving notice of proposed action. However, if the price will be less than 90 percent of appraised value, all interested persons must consent in writing and the sale must be confirmed by the court (NRS Chapter 143).

Bottom line: whether you list with an agent or sell to a cash buyer, a sale during probate may need court approval and can be subject to overbids. Your attorney will tell you which rules apply to your estate.

Taxes

Selling after you inherit: taxes at a high level

Once the house is legally in your name (or the estate’s name), you have choices. Taxes are part of the decision, so talk to a CPA before you sell. A few general concepts to ask about:

  • Stepped-up basis. Under federal tax law, inherited property generally takes a basis equal to its fair market value on the date of death (26 U.S.C. 1014, IRS Publication 551). This can reduce capital gains tax if you sell. A date-of-death appraisal can help document value.
  • Nevada has no state income tax, but federal rules still apply.
  • Holding, renting, or living in the home each have different tax effects, including depreciation for rentals and the home sale exclusion if you later make it your primary residence.
  • Property taxes and HOA dues keep coming while the estate is open.
Your options

Your options with an inherited house

There is no single right answer. Common options include:

  1. Keep it and live in it. Possible if the heirs agree and any mortgage can be handled.
  2. Keep it and rent it. Can generate income, but you become a landlord with Nevada landlord-tenant duties, repairs, and insurance changes.
  3. List it with a licensed real estate agent. Often the way to test the open market, especially for a home in good condition. Expect preparation, showings, and agent commissions.
  4. Sell it as-is to a cash buyer. Can mean fewer repairs and a simpler closing, often at a lower price than a fully prepared retail sale. Compare offers and ask an agent or attorney for a second opinion.
  5. Transfer it to one heir. One heir can buy out the others.
Common situations

Common situations

Heirs disagree. Disagreements over selling, keeping, or the price are common. A mediator or attorney can help. If co-owners cannot agree after distribution, a court partition action may be possible, but it is expensive and slow. During probate, the personal representative acts under court rules, and interested persons can object to a sale (NRS 148.070).

The house has a mortgage. The mortgage does not disappear. Keep making payments if you can, and contact the servicer with the death certificate. Federal law (the Garn-St Germain Act, 12 U.S.C. 1701j-3) generally limits a lender’s ability to call a loan due when a home passes to a relative after death. Ask an attorney how it applies.

The home needs repairs. You generally do not have to fix it before selling. Options include selling as-is, making limited repairs, or a full renovation. Spending estate money on repairs during probate may need the personal representative’s careful records or court approval.

You live out of state. You can usually handle much of the process remotely through a local attorney, title company, and notary. Nevada has rules on who can serve as personal representative, so check with an attorney if you live outside Nevada.

There are tenants in the house. An existing lease generally survives the owner’s death. The tenants keep their rights under Nevada landlord-tenant law (NRS Chapter 118A), and the estate or new owner steps into the landlord role. Do not change locks or remove tenants without following the legal process.

Court resources

Northern Nevada court resources

Probate cases are filed in the district court for the county. The statewide Nevada Self-Help Center has free probate forms, including the affidavit of entitlement, set-aside petitions, and special administration forms: selfhelp.nvcourts.gov/forms/probate.

County court

Washoe County (Reno and Sparks)

Second Judicial District Court, Probate: washoecourts.com/Probate

Law Library and self-help resources: washoecourts.com/LawLibrary

County court

Carson City

First Judicial District Court Clerk’s Office (handles probate for Carson City): carsoncity.gov district court clerk

County court

Lyon County (Fernley, Dayton, Yerington)

Third Judicial District Court: lyon-county.org/229/Third-Judicial-District-Court

County court

Douglas County (Gardnerville, Minden)

Ninth Judicial District Court: douglasdistrictcourt.com

Self-help resources: douglasdistrictcourt.com/self-help-resources

Nevada County, CA

Truckee is in California

Truckee is in Nevada County, California. Probate there is handled by the Nevada County Superior Court under California probate law, which is very different from Nevada law. Get California-specific help. Start with the California Courts self-help probate page (selfhelp.courts.ca.gov/probate) and the Nevada County Superior Court (nccourt.net).

FAQ

Frequently Asked Questions

No. A house held in a living trust, transferred by a recorded deed upon death, or owned in joint tenancy or as community property with right of survivorship usually passes without probate. A house in the decedent’s name alone usually needs some court process.

Generally no. Nevada’s affidavit of entitlement under NRS 146.080 is only available when the decedent left no real property in Nevada, and it is limited to $25,000 (or $150,000 for a surviving spouse).

Under current law, an estate not over $150,000 may be set aside without administration (NRS 146.070), and an estate whose gross value after encumbrances does not exceed $500,000 may qualify for summary administration (NRS 145.040). Larger estates generally go through general administration.

Generally 90 days after first publication or mailing of the notice to creditors in a general administration (NRS 147.040), and 60 days in a summary administration (NRS 145.060).

Yes, by a personal representative with legal authority. In many cases the sale must be confirmed by the court, and other buyers can overbid at the hearing by at least 5 percent (bids up to $100,000) or $5,000 (bids of $100,000 or more) under NRS 148.270. Some personal representatives with full independent administration authority can sell using a notice of proposed action instead.

Nevada’s intestate succession law (NRS Chapter 134) decides. For example, separate property is split one-half to a surviving spouse and one-half to a single child, or one-third to the spouse and two-thirds among two or more children. Community property follows different rules.

Possibly. Inherited property generally receives a stepped-up basis equal to its value at the date of death, which can reduce capital gains. Nevada has no state income tax. Talk to a CPA about your situation.

No. Truckee is in Nevada County, California, so probate there follows California law in the Nevada County Superior Court.

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Next steps

Weighing What to Do With the House?

If you are early in the process, the most useful next steps are usually: secure the home, find out how it was titled, and talk with a Nevada probate attorney. If you are weighing what to do with the house, it can help to compare options side by side: keeping it, renting it, listing it with an agent, or selling it as-is.

If an as-is cash sale is one of the options you want to compare, Reno Home Fellows is a small, family-owned home buyer in Reno, Sparks, and Northern Nevada. We can give you a no-obligation cash offer on a house in any condition. Closing can happen in as little as 7 days when title allows, and if the sale needs court confirmation, we will work on the court’s timeline. There is no pressure to accept, and we encourage you to compare our offer with other options.

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More reading: Selling an inherited house in Reno | About Reno Home Fellows | Home

Disclaimer

Reno Home Fellows (ARS Strategic Endeavors LLC DBA Reno Home Fellows) is a company that buys houses. We are not attorneys, CPAs, financial advisors, or licensed real estate agents, and we do not provide legal, tax, financial, or real estate brokerage advice. The information on this page is general information for educational purposes only and is not legal, tax, or financial advice. Laws and court procedures change, and how they apply depends on your specific facts. Please consult a Nevada probate attorney, CPA, or other qualified professional about your situation before acting. Reading this page or contacting Reno Home Fellows does not create an attorney-client, accountant-client, fiduciary, agency, or any other professional relationship. If you choose to sell to us, we act as a buyer for our own account, not as your representative.

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