Detailed Answer

Quick answer: In Nevada, if one or more co-owners of inherited real property refuse to participate, you can still start a partition action in district court to force either a physical division (partition in kind) or a sale and distribution of proceeds. The court can authorize substituted service (including service by publication if owners cannot be located), appoint a commissioner or receiver to handle a sale, and distribute proceeds according to each owner’s legal share. This process can be complex, so gather title records, probate documents, and proof of your efforts to contact owners before filing.

What a partition action is (plain language)

A partition action asks a court to divide property owned by two or more people. For inherited property, that often means heirs who own property as tenants in common. If owners cannot agree on use, sale, or division, the court can either split the land among owners (partition in kind) or order a sale and distribute the money to each owner.

Where to file

File in the Nevada District Court for the county where the real property is located. District courts handle real property disputes and partition cases.

Who can file

Any co-owner of the property (including an heir who inherited an undivided interest) can file a partition complaint. An executor or personal representative may file on behalf of an estate while the estate is open. If some alleged owners are unknown or deceased, the court will require steps to protect their interests before final distribution.

Basic steps to start a partition action (practical checklist)

Confirm ownership. Run a title search and obtain the deed(s) and, if applicable, probate papers showing who inherited the property.
Try to resolve the matter first. Send a clear written demand asking for voluntary partition, sale, or buyout, with a reasonable deadline. Keep proof of delivery (certified mail, email receipts).
Prepare the complaint. The complaint should identify the property, list all known owners or claimants, state each owner’s interest (if known), and ask the court for partition (in kind or sale) and any other relief (e.g., appointment of a commissioner, accounting for rents/expenses).
Identify defendants. Include all current owners and any other parties with recorded interests (mortgagees, lienholders). If heirs are unknown, name them as unknown heirs or fictitious parties as allowed by the court rules.
File the complaint in district court and pay filing fees or request fee waiver if eligible.
Serve defendants. Attempt personal service first. If a defendant cannot be found or refuses to accept service, ask the court for substituted service or service by publication. The court typically requires proof you diligently tried to locate and serve the person.
Request provisional relief if needed. You can ask the court for orders protecting the property (e.g., preventing sale, collecting rents) while the case proceeds.
Proceed through discovery and court processes. If partition in kind is not feasible, the court may order a sale (public auction or supervised sale) and appoint a commissioner or receiver to manage the sale.

What to do when some owners won’t respond

Document all contact attempts. Courts expect you to show diligence: certified letters, phone records, emails, in-person visits, and using known addresses.
Ask the court for substituted service or publication. If a co-owner cannot be located after diligent search, Nevada courts allow alternative service methods (for example, publication in a local paper or posting) so the case can proceed. The court will require proof of your good-faith efforts to find the person.
Include unknown interested persons in the lawsuit. If heirs are unknown or there are potential unlocated claimants, the complaint can name them as unknown or fictitious defendants to notify anyone with a potential claim.
Consider appointing a guardian ad litem. The court may appoint someone to protect the interests of missing, unknown, or incompetent parties before final distribution.
File a lis pendens. Recording a notice of the pending partition (a lis pendens) protects the property from subsequent transfers that could prejudice the action.

How the court resolves partition (what to expect)

The court decides whether an in-kind division is practical. If the land cannot be fairly divided, the court typically orders a sale. The judge can:

Appoint a commissioner or receiver to manage sale and closing.
Authorize a public auction or supervised private sale.
Order accounting for rents, taxes, and improvements; those amounts can be charged against owners’ shares.
Resolve liens and mortgage priorities; liens generally remain attached and are paid from sale proceeds in priority order.

Costs, timing, and risks

Partition actions can take many months. If service by publication is required, add extra time for publication schedules and waiting periods.
Court costs, attorney fees, commissioner/receiver fees, and sale expenses will reduce each owner’s net proceeds. Nevada courts may award fees in certain circumstances, but parties should expect costs.
Unresponsive co-owners can lose the practical ability to influence sale terms, but the court still protects their legal share by distributing sale proceeds to them (or holding funds if their whereabouts remain unknown).
Tax consequences: sale proceeds can trigger capital gains taxes. Consult a tax advisor before sale.

When to hire a lawyer

If the other owners are unresponsive, if title is clouded, if there are multiple mortgages or lienholders, or if the value of the property is substantial, consult a Nevada real property attorney. A lawyer can help prepare pleadings, conduct a thorough title and heir search, request appropriate service methods, and represent you at hearings and any sale process.

Where to research Nevada law and find forms

For statutes and more detail about Nevada law, start at the Nevada Legislature website: https://www.leg.state.nv.us/. For court procedures, filings, and self-help materials, visit the Nevada Judiciary website: https://nvcourts.gov/. These sites point to the Nevada Revised Statutes and local court rules that govern civil actions and service procedures.

Helpful Hints

Start with a title search and probate records. Confirm who holds legal title and whether the estate is open.
Keep a contact log. Courts want proof you tried to contact absent owners before allowing service by publication.
Use certified mail and demand letters before filing. A reasonable settlement offer or buyout proposal can avoid litigation.
Record a lis pendens early to protect the property during the lawsuit.
If you expect an extended absence of a co-owner, prepare to ask the court for substituted service or publication and be ready with documentation of your search efforts.
Be realistic about partition in kind: physical division usually works only for large or divisible parcels. Many cases result in a sale.
Budget for fees. Even if you recover proceeds at the end, upfront costs for filing, service, appraisal, and legal help can be significant.
If you find unknown heirs, consider title curative steps or a quiet title action after partition to clear the record.

Disclaimer: This article explains general Nevada procedures for partition actions and is for educational purposes only. It is not legal advice. Laws change and each case is different. For advice about your specific situation, consult a licensed Nevada attorney.