Homes in Probate: A Guide for Executors and Administrators in Las Vegas

By Mike Tchobanian, Broker and Owner, Vegas Capital Realty | The Tchobanian Group | Certified Probate Expert (CPE) | Certified Divorce Real Estate Expert (CDRE)

Call or Text Mike at 702-530-5844

Or schedule a seller consultation.

I get this call almost every week. Somebody lost a parent, the court just named them executor or administrator, and now they are holding the keys to a house with no idea what comes next. Many of them live in California, Arizona or back East. This guide walks you through the whole thing in plain English, step by step, the same way I explain it on the phone.

What happens when you call me

You don't need to have everything figured out first. Even if you are still waiting for your letters, here is what I do:

1. Walk the house with you, in person or by video if you live out of state.
2. Give you a written opinion of value based on recent sales and the real condition of the house.
3. Show you three options side by side: sell as is, sell after light cleanup and repairs, or take a cash offer, with an estimated net for each.
4. Coordinate with your probate attorney so the real estate side never gets ahead of the court.

Cash offer, as is on the MLS, or light prep first?

This is the biggest money decision most executors make.

Option	Best when	Watch out for
Cash offer	The house needs major work, or the estate needs speed above all	Cash offers may be lower than what the property could bring on the open market. Compare the net proceeds, costs and closing timeline before deciding
Sell as is on the MLS	The house is livable and the estate has no cash for prep	Buyers still inspect, and price reflects condition
Light prep, then list	A cleanout, deep clean, paint or carpet would change how buyers see it	Only worth it when the numbers support it. Vendors may agree to be paid at closing, with your attorney's approval

I'll walk you through all three options, show you what the estate could realistically net from each, and help you decide which makes the most sense.

Executor, administrator, beneficiary: who is who?

These words get mixed up all the time, and it matters, because only one of these people can sign to sell the house.

Role	Who it is	Can they sign to sell the house?
Executor	The person named in the will to handle the estate. The court has to confirm them and issue letters testamentary.	Yes, once the court issues letters and the attorney confirms the steps required.
Administrator	The person the court appoints when there is no will, or when the named executor can't or won't serve. They get letters of administration. Nevada sets a priority list, starting with the surviving spouse, then children, and so on (NRS 139.040).	Yes, same as an executor, once appointed with letters.
Beneficiary or heir	The people who inherit. A beneficiary is named in the will. An heir inherits under Nevada law when there is no will.	No, not just because they inherit. They may be entitled to notice and can object, but they don't run the sale.

Executors and administrators are both called the personal representative. That is the term you will see in court papers and in the rest of this article. One more thing I tell every family: being named in the will is not the same as having authority. Until the court issues letters, nobody should be listing, signing or promising the house to anyone.

What a Realtor does and what your probate attorney does

I work side by side with probate attorneys every week, and I stay in my lane. Here is how the work splits.

Your Nevada probate attorney	Your probate Realtor
Opens the case and gets you appointed. Advises you on your legal authority and duties. Prepares and sends legal notices. Files the petition to confirm the sale and handles the court hearing. Advises on creditors, taxes and distribution to heirs.	Gives you a written opinion of value and helps line up an appraisal if required. Helps secure the house, and coordinates cleanout, repairs and vendors. Markets the house, shows it and collects offers. Writes the contract with the right probate terms. Works with escrow, title and your attorney through closing.

I am a licensed broker, not an attorney. I won't tell you what the law requires in your case, and you shouldn't take legal advice from any agent. What I can do is make sure the real estate side never slows down the legal side.

Step 1: Secure the house

Nevada law expects the personal representative to take possession of estate property and make a reasonable effort to preserve and maintain it (NRS 143.020 and NRS 143.030). In real life, that means:

• Change or rekey the locks and find out who else has a key or a garage remote.
• Call the homeowner's insurance company right away. Tell them the owner passed away and whether the house is vacant. Many policies limit coverage on a vacant house after a certain period, so ask what your policy says and whether you need a vacant dwelling policy. Do this before anything else.
• Keep the power and water on. In Las Vegas, an empty house with the A/C off in July can get damaged fast, and buyers and inspectors need utilities to see the house.
• Forward the mail so bills, tax notices and lender letters don't sit in the box.
• Take photos and video of every room before anything is moved. It protects you if a family member later asks what was in the house.
• Check on it regularly, or have someone you trust do it. Vacant houses attract break ins and squatters.

Step 2: Deal with the mortgage, HOA and bills

If there is a mortgage, keep paying it if the estate can. The lender does not stop the clock because the owner died, and late payments can lead to foreclosure. Call the lender, report the death and ask what they need to talk to you as the personal representative. Usually that means the death certificate and your letters.

A lot of families worry the bank will call the whole loan due right away. Federal law generally prevents a lender from enforcing a due on sale clause just because a home passed to a relative after the borrower's death (12 U.S.C. 1701j-3(d)). That doesn't mean you can skip payments. It means you usually have time to sell the right way. Also keep current on HOA dues and property taxes. If the estate has no cash to cover these, tell your attorney early.

If there is a reverse mortgage, the timeline is tighter and the lender will be in touch. Call your attorney and me as soon as you know.

Step 3: Find out what the house is worth

You need a real number for two reasons: to decide what to do with the house, and because the court may need it. For court confirmed sales, the house generally has to be appraised within one year before the sale (NRS 148.260). Your attorney will tell you what kind of appraisal or valuation the estate needs.

From my side, I walk through the house and give you a written opinion of value based on recent sales in that neighborhood and the actual condition of the house, not a computer estimate. I show you two numbers: what it would likely sell for as is, and what it might sell for after some cleanup or light repairs, so you can make the call with real information.

Step 4: Handle the belongings

This is the part families dread most. A few rules I give everyone:

• Don't let anyone take things before the personal representative has authority and your attorney says it's okay. Even small items can turn into family fights later.
• Look for important papers first: the will, trust documents, deeds, insurance policies, bank statements, titles to cars.
• Let family pick sentimental items in an organized way, with a written list of who took what, but only after the attorney confirms the process and any required inventory or appraisal is done.
• Then use an estate sale company, donation pickup or a cleanout crew for the rest. I have vendors in Las Vegas and Henderson I can coordinate for you if you live out of state.

We have a full article on this: inherited house full of belongings, can a Realtor handle the cleanout and the sale.

Step 5: Repairs or sell as is?

Most probate houses in Las Vegas are older, lived in for decades, and nobody wants to put a lot of estate money into them. You usually don't have to. Here is how I think about it:

• Almost always worth it: cleanout, a deep clean, yard cleanup, and fixing anything unsafe.
• Sometimes worth it: paint, carpet, and small fixes that show up on every inspection. I only recommend these when the numbers support it.
• Not always worth it: major remodels and expensive repairs. I compare the likely increase in sale price against the cost, time and risk before recommending them. Sometimes a bigger repair, like a roof, is needed to make the house marketable or financeable.

Selling as is means the estate isn't making repairs, not that you hide problems. The estate still has to be honest about what it knows. Nevada's seller disclosure law has an exception for some personal representatives (NRS 113.130), so ask your attorney which forms apply to your estate. Buyers can still inspect.

Step 6: Know your authority: independent administration or court confirmation

This is the big one, and it decides how your sale works. Your attorney will tell you which applies. Here is the plain English version.

Independent administration with full authority

Nevada lets the court give the personal representative authority to handle many estate tasks without asking the judge each time (NRS 143.340). If you have full authority, you can generally sell the house without a court confirmation hearing (NRS 143.405 and NRS 143.380). Before you do, your attorney sends a notice of proposed action to the heirs and beneficiaries affected by the sale, at least 15 days before the date in the notice (NRS 143.705 and NRS 143.730).

A few important catches:

• If someone who gets the notice objects and goes to court, the sale can be pushed into court supervision (NRS 143.740).
• If the price is less than 90 percent of the appraised value, the law adds extra steps, including written consent from all interested persons and court confirmation (NRS 143.380).
• Limited authority does not include selling real estate without court supervision (NRS 143.320). Ask your attorney which one you have. Don't assume.

Court confirmed sale

If you don't have full independent authority, the sale has to be reported to the court and confirmed before title passes (NRS 148.060). In Clark County, these sales go before the probate commissioner at the Eighth Judicial District Court. Here is what that usually looks like:

• We list and market the house like any other, and accept an offer subject to court confirmation.
• Your attorney handles the required notice of sale. The law generally calls for publication or posting before the sale, and the court can shorten that period (NRS 148.220 and NRS 148.240).
• The court has to be satisfied the price is fair market value, and the house generally needs an appraisal within one year before the sale (NRS 148.260).
• Other buyers can overbid at the hearing. A new bid has to beat the accepted offer by at least 5 percent if the offer is $100,000 or less, or by at least $5,000 if it's more (NRS 148.270). Your buyer can bid again. I explain this to buyers and their agents upfront so nobody is surprised.
• The court also approves the real estate commission at confirmation (NRS 148.110).

Court confirmation adds time, but it is not a bad thing. Some families like the extra layer of protection. For a deeper comparison, read independent administration vs. court confirmation in Nevada probate.

Step 7: List it and sell it

Once your attorney confirms your authority, we go to market. My process for a probate listing:

1. Pricing based on real comps and condition, agreed with you and checked against the appraisal if there is one.
2. Professional photos after the cleanout, so buyers see the house, not the belongings.
3. Marketing to the right buyers, families and investors, through the MLS and my network.
4. The right contract terms, so the offer fits your authority, whether that's a notice of proposed action or court confirmation.
5. Updates to you and your attorney on every showing, offer and deadline, by phone, text or email.
6. Closing with escrow and title, who will ask for your letters and any court order before the sale closes.

When the beneficiaries don't agree

In probate, the personal representative signs, not every heir. But heirs still matter. They may be entitled to notice and can object, and an objection can move the sale into court. In my experience, the best protection is simple: share the value opinion and the offers with the family early, and let your attorney handle anyone who disagrees. Most fights I see come from people feeling left out, not from the price. If a family member wants to buy the house, tell your attorney right away so it's handled fairly.

More on this in do all siblings need to sign to sell an inherited house in Las Vegas.

If you live out of state

You don't have to move to Las Vegas to sell the house. I sell houses for out of state personal representatives all the time. Most of the paperwork can be signed electronically or with a mobile notary, and I can be your eyes and ears on the house: vendors, cleanout, repairs, showings and updates with photos and video.

One legal point to raise with your attorney: Nevada has residency rules for some personal representatives. A nonresident who wants to be appointed administrator generally has to associate a Nevada resident or qualified bank as co administrator, with some exceptions (NRS 139.010). Your attorney will sort that out at the start.

See also: selling from out of state and how do I sell my Las Vegas house if I live in another state.

A common situation

A daughter in Southern California is appointed administrator of her father's estate. The house in Henderson is full of furniture, has a small mortgage, and has been empty for two months. She doesn't know if she can sell it yet. The first calls are to the insurance company and the lender. Then her attorney confirms whether she has full independent authority. If she does, we can clean it out, list it and sell it after the notice of proposed action period. If she doesn't, we sell it subject to court confirmation and plan for the hearing and possible overbids. Same house, two different paths, and the paperwork decides which one.

Mistakes I see executors and administrators make

• Listing or signing before the court issues letters.
• Letting the insurance lapse or not telling the carrier the house is vacant.
• Stopping the mortgage payments because "the estate will handle it later."
• Giving away or selling belongings before authority is in place.
• Spending big on remodels that the sale price won't pay back.
• Assuming they have full authority without asking the attorney.
• Hiring an agent who has never done a court confirmation and doesn't understand overbids.

Executor checklist for selling a probate house in Las Vegas

1. Get your letters from the court (letters testamentary or letters of administration).
2. Ask your attorney: do I have full independent authority, limited authority, or do I need court confirmation?
3. Rekey the locks, take photos of every room, and secure the house.
4. Call the insurance company and tell them the owner passed and whether the house is vacant.
5. Keep utilities on and forward the mail.
6. Call the mortgage lender with the death certificate and your letters. Keep payments, HOA dues and taxes current.
7. Find the important papers, then handle belongings with a written list.
8. Get a written opinion of value and any appraisal the estate needs.
9. Decide on light prep versus as is with real numbers.
10. List, accept an offer with the right probate terms, and complete the notice of proposed action or court confirmation.
11. Close through escrow and title, then let your attorney handle distribution.

Frequently asked questions

Can I sell a house in probate in Las Vegas before probate is finished?

Generally yes. The house is usually sold during probate, once the court has issued letters and the required steps are done. The estate is closed later, after the sale and the other estate business is handled.

How long does it take to sell a probate house in Clark County?

It depends mostly on whether you need court confirmation. With full independent authority, the sale works much like a regular sale, plus the notice of proposed action period. A court confirmed sale adds notice and a hearing date. Read how long does probate take in Clark County for the bigger timeline.

Do all the heirs have to sign the listing or contract?

Not if the house is still in the probate estate. The personal representative signs, after the attorney confirms their authority. Heirs may still be entitled to notice and can object.

What is overbidding in a Nevada probate sale?

In a court confirmed sale, other buyers can show up at the hearing and bid more. The new bid has to beat the accepted offer by a minimum amount set by law (NRS 148.270). The court can then confirm the higher bid.

Do I have to fix the house before selling?

No. Many probate houses sell as is. I usually recommend a cleanout and a good cleaning, and anything else only if the numbers make sense.

Who pays the mortgage while the house is for sale?

The estate, if it can. Keep the payments current and talk to your attorney early if the estate doesn't have the cash.

Can I sell the house if I live in another state?

Yes. Most of the process can be handled remotely with electronic signatures or a mobile notary, while I handle the house locally. Your attorney will confirm any Nevada residency rules for your appointment.

Should I take a cash offer instead of listing?

Sometimes a cash offer makes sense, especially if the house needs major work. But in probate you have a duty to the estate, so compare it to what the house would likely sell for on the market. Read cash offer or list with a Realtor in Las Vegas.

Where can I find official Clark County probate information?

The Eighth Judicial District Court probate page has calendars and contact information, and the Civil Law Self Help Center probate pages explain the process and have forms. The court staff can't give legal advice, so for your specific case, talk to a Nevada probate attorney.

More answers for executors

This guide covers the whole process. For specific questions, read:

• I'm the executor and have my letters. How do I sell the house in Clark County?
• Independent administration vs. court confirmation in Nevada probate
• How long does probate take in Clark County?
• Do all siblings need to sign to sell an inherited house?
• Inherited house full of belongings: can a Realtor handle the cleanout and the sale?

Talk to Mike before you make the first big decision

If you just got your letters, or you think you will soon, call or text me at 702-530-5844. We'll talk through where the house stands, what it's likely worth, and what needs to happen before it can be listed. I'll coordinate with your probate attorney, so you're not stuck in the middle. No pressure and no obligation, just a clear plan.

Call or Text Mike at 702-530-5844

Or schedule a seller consultation. Learn more about our probate real estate services. Attorneys: see working with attorneys.

Mike Tchobanian is a licensed real estate broker, not an attorney or tax professional. This article is general information only and is not legal or tax advice. Probate rules and court procedures can change, and every estate is different. Talk with a Nevada probate attorney about your situation and a CPA or tax professional about taxes.

Related: I inherited a house in Las Vegas. How do I sell it? | Inherited house with a tenant | House held in a trust in Henderson | What it costs to sell in Las Vegas

Sources: NRS Chapter 143, powers and duties of personal representatives | NRS Chapter 148, sales of estate property and court confirmation | NRS Chapter 139, administrators | NRS 113.130, seller disclosures | 12 U.S.C. 1701j-3, due on sale clauses | Eighth Judicial District Court, Probate | Civil Law Self Help Center, Probate