Who actually has the legal right to sign the listing agreement? If you inherited a house in Las Vegas or Summerlin, that is the first question to answer, and it comes before pricing, paint or photos. A listing agent can market the home, but a title company will not close the sale until the person signing has the authority to convey it.
Below is the order I would work through it. This is general information, not legal or tax advice. Probate and tax rules turn on the details of each estate, so confirm specifics with your attorney and CPA before you act.
Step 1: Figure out how the house is passing to you
How you get authority to sell depends on how the owner held title and what planning was in place. The three paths that come up most in Nevada:
| How the house passes | What it means | What usually has to happen before a sale |
|---|---|---|
| Deed upon death (Nevada’s transfer on death deed) | The owner recorded a deed naming a beneficiary before death | Under NRS 111.699, a Death of Grantor Affidavit, a copy of the death certificate and a declaration of value are recorded with the county recorder where the deed was recorded |
| Living trust | The house was deeded into a trust during the owner’s lifetime | The successor trustee acts under the trust terms; expect the title company to ask for trust documents |
| Probate | The house is part of the estate that goes through the court | The court gives someone (the personal representative) authority to act for the estate, including a sale |
Nevada has shortcuts for smaller estates. According to Nolo’s summary of the statutes, summary administration is available when the gross value of the probate estate does not exceed $300,000, and a court can set aside smaller estates without full administration. The small estate affidavit, the simplest route, cannot be used when the estate includes real estate. These dollar limits have been revised over the years, so have a probate attorney confirm current thresholds before you plan around them.
Step 2: Protect the house while the paperwork moves
Probate and title work can take longer than heirs expect, and the house still needs care in the meantime.
- Call the insurance carrier. Ask directly whether the policy still covers a home that is vacant or owned by an estate. Do not assume it does.
- Keep the bills current. Mortgage, HOA dues, utilities and property taxes do not pause. In Summerlin, missed HOA dues can turn into a lien that has to be cleared before closing.
- Secure it. Change the locks, collect garage remotes, and have someone check on the home regularly.
- Do not clear it out yet if heirs disagree about personal property. Get that settled in writing first.
Step 3: Know your tax basis before you pick a price
This step is easy to overlook. The IRS says the basis of inherited property is generally its fair market value on the date of the owner’s death (or on the alternate valuation date, if the executor files an estate tax return and elects it). If you sell for more than your basis, the difference is a taxable gain.
Illustration only, with assumed figures: a parent bought a Las Vegas home decades ago for $180,000. It is worth $520,000 on the date of death. The heirs later sell it for $535,000. The gain is generally measured from the $520,000 date-of-death value, not the original $180,000, before selling costs are considered. Your numbers and situation will differ.
That is why I would get a written date-of-death valuation early, usually from a licensed appraiser, and keep it with the estate records. Your CPA will want it, and it is much harder to reconstruct a year later.
Step 4: Decide how much to fix before you list
Inherited homes are often dated, and some have deferred maintenance. You have three realistic choices: sell as-is, do light prep (clean, paint, landscaping, small repairs), or renovate. My bias is light prep in most cases, because it improves photos and showings without asking heirs to fund a project and wait on contractors. If you go that route, my 30-day listing prep timeline lays out the order.
Nevada’s seller disclosure statute (NRS 113.130) generally requires a Seller’s Real Property Disclosure to be delivered at least 10 days before the property is conveyed. How that applies when an estate or trustee is selling, and the owner who knew the house is gone, is a question for your attorney. Disclose what you do know, and consider a pre-listing inspection so the buyer is not the first one to find a problem.
Step 5: Price it to the market, not the memory
It is natural to have a number in mind, tied to what the house meant to the family or what a remodeled home down the street sold for. Buyers will compare it to the condition-adjusted sales around it. I would rather see an inherited home priced right in the first two weeks than chase the market down later. The data on that is in what overpricing costs in days on market and sale-to-list.
Step 6: Get the heirs aligned before an offer arrives
- Confirm who signs: the beneficiary, the trustee, or the personal representative.
- Pick one point of contact for the listing agent so offers are not negotiated by group text.
- Agree in writing on a minimum acceptable price and who decides on repair requests.
- If the estate needs court approval for the sale, build that time into the escrow timeline.
Quick checklist before you call a listing agent
- Certified copies of the death certificate
- The recorded deed, trust documents, or court letters showing authority
- A date-of-death valuation for the tax file
- Current mortgage, HOA and insurance status
- A list of known issues with the house
- Names and contact information for every heir or beneficiary
If you are sorting through this now, I am happy to walk the house with you and talk through timing. Bring your attorney’s answer on who can sign, and we will build the plan from there.
Confirm specifics with your CPA, attorney, or lender. This post is general information and not legal or tax advice.
Source: Nevada Revised Statutes 111.699 and 113.130 (Nevada Legislature); Nolo, “Probate Shortcuts in Nevada”; Internal Revenue Service, “Gifts and Inheritances” FAQ.
Geoff Zahler | Broker/Owner, Zahler Properties