Legal Question in Wills and Trusts in Nevada

Selling a house in Probate

My dad's house is in probate. All his other accounts had beneficiaries listed so no issue there. But I am not sure how to go about selling the house. Can we sell the house? Do we have to wait until after the 90 day creditor notice? My attorney said there is special wording needed if I list it and recommends against it because of the paperwork. My siblings and I just want the house sold and paid off - especially in the fragile real estate market. Any advice on the best way to proceed to have the house sold before summer. The 90 day period starts this week.


Asked on 1/22/07, 3:25 pm

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: Selling a house in Probate

NRS Chapter 148 governs sales of real property in probate. The Nevada law is found here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=05-593

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Answered on 1/22/07, 4:54 pm
James Jenkins Jenkins Law Center PLC

Re: Selling a house in Probate

Your message was sent to me, an Arizona attorney. This is a Nevada case.

I would think you could sell the house now, and hold the proceeds until you are on solid ground to distribute, knowing exactly what the creditors claims are to be. Speak to the estate attorney about that.

Good luck. If you need help planning your own estate in Arizona, you are welcome to speak to me in a free, no obligation consultation. 480.835.1500.

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Answered on 1/22/07, 7:49 pm


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