What Happens to My House if I Die Without a Will in Nevada?
What happens to your house if you die without a will depends on many factors, such as whether or not you’re married, if you have children, how much debt and other expenses you have, etc. If you have sufficient other assets to pay your debts and final expenses, then your house will pass to your spouse, children or next of kin (depending on your circumstances). We will explain the issues that arise after a Nevada homeowner passes away.
If you are an estate’s personal representative and need help deciding how to proceed, a Lee Kiefer & Park Las Vegas probate lawyer can answer your questions and present you with options that will allow you to make the right decisions, and help you administer the estate effectively, efficiently, and lawfully. Call our trust and estate law firm at 702-333-1711 today.
What is an Estate?
An estate is a legal entity created to own a deceased person’s assets, debts, and financial responsibilities after death. If you don’t have a will, a probate court will name an administrator or personal representative to be responsible for your estate. The administrator or personal representative is responsible (with court supervision) to determine the following:
- Which assets are included in your estate
- What debts and obligations you may owe
- Which debts and obligations must be paid from the estate
- If any assets remain, how such assets be distributed
If you own a house free and clear, the total value of the home is an asset of your estate. If the house is collateral for a loan (such as a mortgage or home equity loan), your equity in the home is the asset of your estate. Getting assistance from Lee Kiefer & Park’s probate team can help you to determine what property is part of an estate and what debts and expenses the estate must pay. We have highly experienced Las Vegas probate lawyers who practice almost exclusively in probate law and trust administration throughout the state.
How Does the Probate Process Work?
The administrator of an estate will review the deceased person’s bills and documents to determine what debts and expenses might exist. The administrator should also publish a notice notifying creditors that they have a limited time to present bills and other claims for payment from the deceased person’s estate. The administrator will then determine which debts are legitimate, which debts are not, and pay the debts that are owed.
If there are not enough assets in the estate to pay all the bills and taxes, the administrator may be able to negotiate a lower pay-off amount with the creditor. If there are insufficient funds to pay all creditors, the administrator will prioritize which obligations will be paid, and which ones will not.
Depending on how much the administrator needs to pay toward debts and final expenses, your house, like all your personal property, may need to be sold to generate sufficient cash to pay required debts and obligations. If there are remaining assets after paying the required debts and obligations, such remaining assets (including your house) will pass to your to your heirs as determined by Nevada law (if you do not have a will). Those who will receive your remaining assets depends on their relationship to you and the character of the property you owned, as will be discussed in the next section.
What Happens to the House If I’m Married?
If you pass away and have a surviving spouse, what the surviving spouse will inherit depends on several factors, such as when you acquired the property, how you acquired the property, and when you got married. This is because Nevada is a community property state.
Community property generally includes property acquired during your marriage (with a few exceptions, such as property you inherit from another family member). If all of your property is community property, your spouse already has a one-half ownership interest and will inherit your half upon your death.
Property acquired before marriage or inherited from another family (even during marriage) is generally deemed to be separate property. If your house is considered separate property, your surviving spouse would inherit the house if you have no surviving children, parents, or siblings. Otherwise, those who inherit the home will be determined by the following rules:
- Children, but no parents, spouse, or siblings – Children inherit the house
- Parents, but no children, spouse, or siblings – Parents inherit the house
- Siblings, but no spouse, parents, or children – Siblings inherit the house
- Spouse and parents, but no children – Your spouse gets half the separate property, and your parents get the other half
- Spouse and children, but no parents – Your spouse gets a portion of the separate property, and your children split a portion of the separate property, depending on how many children you have
- Spouse and siblings, but no parents or children – Your spouse gets half the separate property, and your siblings evenly split the other half
As you can see, how property gets divided upon death depends greatly on whether the property is considered separate or community. Consulting a probate lawyer can help clarify whether property is considered separate or community.
Contact a Probate Attorney in Nevada
If you are an estate’s personal representative and need help with probate issues, contact a Lee Kiefer & Park, probate attorneys in Nevada to discuss the issues you face. As you can see, there are many challenges a personal representative may face, including what’s part of the estate, what bills must be paid, and the application of community property law.
Whether you’re in Henderson or Las Vegas, contact our trust and estate law firm in Nevada for a free consultation. Use our online contact form or call our team of probate attorneys at 702-333-1711 today.
Attorney Kennedy Lee practices in all aspects of trust and estate law. He views all legal issues from multiple angles (e.g. from litigation to administration point of view) to provide a higher quality of service to our client.