Detailed Answer
This section explains, under Nevada law, how co-owners can sell shared real property when funds are needed to pay funeral costs and property taxes. This is an overview only and is not legal advice. Consult a Nevada attorney about your specific situation.
Step 1 — Confirm who owns what
First, check the title to determine each owner’s legal interest. Common forms of co-ownership include tenancy in common (each owner has a divisible share) and joint tenancy (rights of survivorship where a deceased owner’s share usually passes to the surviving joint tenants). If the deceased owner’s interest passed by joint tenancy, that share may not be part of the probate estate. If the owner held the property as a tenant in common, that share generally becomes part of the decedent’s estate and may be subject to probate.
Get a copy of the deed from the county recorder’s office or an online county records search. A title search and, if needed, a short title report from a title company will show mortgages, tax liens, and other encumbrances that affect the ability to sell.
Step 2 — Determine whether probate or a small-estate process is needed
If one owner died and left no mechanism (like survivorship) transferring title, the decedent’s share may pass through probate. Nevada has statutory procedures for estate administration; small estate procedures may allow a quick transfer when the estate’s value is low. For a full overview of Nevada probate law, see the Nevada Revised Statutes (NRS) governing probate: NRS Chapter 134 (Probate of Wills and Administration of Estates) and related chapters.
If the decedent’s share is in probate, funeral expenses and other valid creditor claims are typically paid from estate assets in an order required by statute; funeral expenses often have priority as an estate claim. Check the probate rules and deadlines for filing creditor claims so funeral vendors or others can be paid from estate proceeds.
Step 3 — Try an out-of-court resolution
If all co-owners agree, the easiest route is for owners to cooperate: get a professional appraisal, agree on a listing price, sell the property, and divide net proceeds according to ownership shares after paying mortgages, property taxes, funeral expenses (if chargeable to the estate), and closing costs.
If one co-owner needs funds immediately to pay funeral bills or taxes and the others agree, they may arrange a cash sale or one owner can buy out the others’ shares.
Step 4 — If co-owners disagree, consider a partition action
If co-owners cannot agree, Nevada law allows a forced partition action in district court. Under Nevada’s statutory scheme, a partition action may divide the land physically (partition in kind) if practical, or the court may order sale of the property and division of proceeds among the owners (partition by sale). See NRS Chapter on partition: NRS Chapter 40 (Partition).
How a partition sale works in practice:
- A co-owner files a partition lawsuit in the county where the property is located.
- The court may appoint a commissioner or special master to sell the property at public sale if partition in kind is impracticable.
- Proceeds are distributed after payment of liens, mortgages, taxes, and court costs.
A partition action can take months and involves filing fees, service costs, and attorney fees. If you need quick funds to pay taxes or funeral costs, notify the court and show urgency; courts sometimes grant interim relief, such as permission to sell or a forced sale on a compressed timeline, when preservation of value or payment of priority obligations (like taxes) is at stake.
Step 5 — Address property taxes and potential tax sale
Property tax liens usually have priority. Contact the county treasurer or tax collector immediately to learn what is owed, how interest and penalties are calculated, and whether a tax sale is scheduled. Counties conduct tax sales under Nevada statutes governing taxation and tax liens. For county-specific procedures and deadlines, contact the county treasurer’s office and review NRS Chapter 361 on property taxation: NRS Chapter 361 (Property Taxes).
If a tax sale is imminent, the county may accept payment in full to stop the sale. In some cases, a transitory payment from a co-owner or a lender can prevent redemption sale, while you work on a sale or a partition action.
Step 6 — Funeral expenses and creditor claims
If the deceased’s estate exists, funeral expenses are generally paid as estate claims during probate. If there is no probate opened and funeral vendors are pressing for payment, co-owners should document whether the estate will pay the funeral bill or whether one or more co-owners will advance funds and seek reimbursement from sale proceeds or the estate. Probate claim procedures and timing are governed by the Nevada probate statutes.
Step 7 — Practical closing matters
- Obtain a current market appraisal or broker price opinion to set a fair sale price.
- Order a title search and resolve encumbrances (mortgages, judgment liens, tax liens). Liens must be paid from sale proceeds or otherwise resolved before clean transfer to a buyer.
- Gather documents: deed, death certificate (if an owner died), mortgage payoff statements, tax statements, insurance information, and any estate paperwork.
- Work with a real estate agent experienced in probate/partition sales and consider hiring a real estate attorney for negotiations or court filings.
What to expect in costs and timeline
Voluntary sale by agreement: often 1–3 months to list and sell (plus closing). Partition litigation: commonly several months to a year or more, depending on court backlog and complexity. Probate: a few months for small or uncontested estates; complex estates take longer.
Costs can include realtor commissions, closing costs, title fees, lien payoffs, attorney fees, and court costs. In partition litigation, the court may allocate costs among the parties.
Where to find Nevada statutes and local officials
Consult these Nevada statute chapters for more detail:
- Partition: NRS Chapter 40
- Probate and estate administration: NRS Chapter 134 (and related probate chapters)
- Property taxes and tax sales: NRS Chapter 361
Also contact your county recorder, county treasurer (for taxes), and county clerk or district court (for filing a partition action).
Disclaimer: This information is educational and not legal advice. For advice about your specific property and family situation, consult a licensed Nevada attorney.
Helpful Hints
- Confirm the deed type: joint tenancy vs. tenancy in common—this determines whether probate is needed.
- Do a title search early to uncover mortgages, liens, or judgments that will affect net sale proceeds.
- Contact the county treasurer immediately if taxes are unpaid—stopping a tax sale can be faster and cheaper than litigation.
- If possible, seek a voluntary sale or buyout—consent sales avoid court time and costs.
- Get an appraisal or broker price opinion before negotiating—don’t accept low offers out of panic to pay bills.
- Keep clear records if any co-owner advances funds for funeral or taxes; document payments and ask the estate (through the executor) for reimbursement or repayment from sale proceeds.
- If you consider partition litigation, collect evidence of ownership, communications among owners, and any offers or refusals to sell—this helps your case.
- Speak to a probate-savvy real estate attorney early if the decedent’s share is involved—probate and real estate rules intersect and timing matters for creditor claims.
- Ask the county about emergency or expedited procedures for preventing tax-sale consequences.
- Be aware of deadlines: probate claim deadlines and tax-sale redemption windows can be short. Acting promptly preserves options.