Understanding Who Inherits and Who Owns Property After a Grandparent Dies in Nevada

Quick summary: If your grandparent died, the path to finding the rightful heirs and the current owner of any real property usually follows two tracks: (1) examine whether a will or transfer document (and any probate case) exists, and (2) search public title records and, if needed, use Nevada probate procedures (including petitions to determine heirs, small‑estate procedures, or quiet title actions). This article explains the steps to take in Nevada, the documents to gather, and when to get legal help.

Detailed Answer — Steps to find heirs and property ownership in Nevada

1. Confirm whether a will exists and whether probate was or is opened

Start by asking family members whether your grandparent left a will and whether anyone has already opened a probate case. If a will was filed with the local probate court, the court file will list nominated personal representative(s) and often include the inventory of assets. If no one tells you about a will, contact the probate clerk in the county where your grandparent lived to ask whether a probate case exists.

For general Nevada probate law and how estates are administered, see Nevada Revised Statutes, Title 10, Chapter 136 (administration) and Chapter 134 (descent and distribution): NRS Chapter 136 and NRS Chapter 134.

2. Obtain certified copies of the death certificate and any available estate documents

Request several certified copies of the death certificate from the state or county vital records office. You will need these for title companies, the county recorder, banks, and for filing probate or small estate paperwork.

3. Search public records where the property sits: county recorder and assessor

Real property ownership is determined by deeds recorded at the county recorder’s office where the property is located. Perform a title search at that county recorder (or hire a title company). Look for:

Deeds conveying the property to your grandparent (or from your grandparent to someone else).
Deeds recorded after your grandparent’s death (for example, a Transfer on Death deed or beneficiary deed, if used).
Mortgages, liens, and tax records recorded against the parcel.

Contact the county assessor for tax records; they list the current assessed owner for tax purposes but the recorder’s deed is the legal evidence of ownership.

4. If there is no will, determine heirs under Nevada intestacy rules

If your grandparent died without a valid will, Nevada law sets a priority order for heirs (spouse, children, grandchildren, parents, siblings, more remote relatives). The court will apply Nevada’s intestacy rules to distribute property. See NRS Chapter 134 for rules on descent and distribution: NRS Chapter 134.

5. When probate is needed — options and procedures

Common probate-related options in Nevada include:

Formal probate administration (when the estate has significant assets or disagreements exist).
Petition to Determine Heirs (the court determines who the heirs are and who gets the property).
Small‑estate procedures or simplified remedies (available in some situations to transfer personal property without full administration).
Quiet title action (a lawsuit to clear title when ownership is disputed or clouded).

Which path you follow depends on estate size, whether real property is involved, and whether heirs agree. The probate clerk at the county court can tell you how to file a petition or open an estate. See general court self‑help resources at the Nevada Judiciary: Nevada Courts Self-Help.

6. Affidavit of Heirship and why it may not be decisive

People sometimes prepare an “affidavit of heirship” to show who the heirs are, then record it with the county recorder. While an affidavit can help, it is not always conclusive for clearing title. Title companies and courts often prefer a probate court’s order or a properly executed deed or a quiet title judgment to remove clouds on title.

7. When a title company or real estate attorney can help

Hire a title company to perform a professional title search and review exceptions (liens, easements, prior claims). If the title report shows issues or potential competing heirs, consult an attorney experienced in Nevada probate and real property to advise on filing a petition to determine heirs, a quiet title action, or to complete a probate administration.

Documents and information to collect

Certified death certificate(s).
Any original will or copies of wills.
Deeds and parcel numbers (from tax bills or the recorder).
Mortgage and lien information, tax statements.
Marriage, birth, adoption records that show family relationships.
Any beneficiary designations, transfer‑on‑death documents, or joint ownership documents.

When to consider hiring an attorney

Consider hiring a Nevada probate or real property attorney if:

Heirs dispute who is entitled to the property.
There are competing wills or unclear heirship facts (adoptions, unknown paternity, etc.).
There are significant debts, mortgages, or tax liens.
Title shows clouds that a quiet title action may resolve.

Next practical steps for most people

Gather the death certificate and check with relatives for a will or documented wishes.
Contact the probate clerk in the county where your grandparent lived to ask about a probate case and to learn filing requirements.
Perform a title search at the county recorder where the property sits (or hire a title company).
If ownership is unclear, ask the probate clerk about filing a Petition to Determine Heirs or consult an attorney.

Helpful hints

Start at the county level: the probate court clerk and county recorder are the most direct sources of recorded wills and deeds.
Keep copies of everything you collect. Certified death certificates are often required for official filings.
A recorded deed trumps most non-recorded claims. Always verify ownership via recorded documents.
If you find a Transfer on Death deed or beneficiary deed recorded before death, it may already transfer ownership automatically—check recorder records carefully.
Title companies can provide a professional report and will identify liens or other clouds on title that need clearing before sale or refinance.
Don’t rely solely on an “affidavit of heirship” recorded by family; courts and title companies may require formal probate or a quiet title judgment.
Collect evidence of family relationships (birth certificates, marriage licenses) early—these are often required to prove heirship.

Resources

Nevada Revised Statutes — Chapter 134 (Descent and Distribution): https://www.leg.state.nv.us/NRS/NRS-134.html
Nevada Revised Statutes — Chapter 136 (Administration of Estates): https://www.leg.state.nv.us/NRS/NRS-136.html
Nevada Judiciary — Self-Help and court forms: https://nvcourts.gov/self_help/

Disclaimer: This article explains general Nevada procedures for finding heirs and determining ownership of real property after a person dies. It is for educational purposes only and is not legal advice. Laws change and every situation is different. For advice specific to your circumstances, contact a licensed Nevada attorney.