What Is the Major Disadvantage of Probate in Nevada? Insights from The Kirby Group

If you’ve recently lost a loved one or are managing an estate, you may have heard about probate—the legal process used to transfer a deceased person’s property to heirs. While probate is common and sometimes necessary, it’s not always ideal.

At The Kirby Group, we’ve helped many families sell homes through probate in Reno, NV and surrounding areas. And one question we’re often asked is:

“What’s the biggest downside of probate in Nevada?”

In this blog post, we’ll explain:

• What probate is
• The major disadvantage of going through probate in Nevada
• How it can affect the sale of real estate
• Steps you can take to reduce delays and stress

⚖️ What Is Probate, and When Is It Required?

Probate is a court-supervised process that handles the distribution of a deceased person’s estate, including assets like real property (homes and land). It’s typically required if the person died without a living trust or without properly titled beneficiaries.

In Nevada, probate may be necessary even if there is a will, depending on the total value of the estate.

🚫 The Major Disadvantage of Probate in Nevada

The #1 disadvantage of probate in Nevada is the lengthy and time-consuming court process—which can delay the sale or transfer of property for months or even over a year.

🕒 Why Probate Takes So Long

• Court approval is required for many steps, including the sale of real estate.
• Heirs must be located, notified, and given time to respond.
• Creditors must be given an opportunity to file claims.
• In contested cases, legal battles can extend the process significantly.

In a typical Nevada probate case, it can take 6–12 months or more to finalize, especially if real property is involved. This can be incredibly frustrating for families trying to settle affairs, pay debts, or sell the family home.

🏡 How Probate Delays Affect Real Estate Sales

At The Kirby Group, we often assist with selling homes in probate, and these delays can have major consequences:

💸 Missed market opportunities

You might miss out on peak buyer seasons (like spring/summer) while waiting on court approvals.

⌛ Holding costs pile up

The estate may have to continue paying mortgage payments, taxes, insurance, and maintenance.

❌ Buyer hesitation

Many buyers are unfamiliar with probate sales and may avoid them due to perceived risk or uncertainty.

🧠 Can Probate Be Avoided in Nevada?

Yes! Here are several strategies:

• Living trust: Avoids probate altogether for titled assets.
• Joint tenancy with right of survivorship: Passes the home directly to the co-owner.
• Transfer-on-death (TOD) deeds: Allows a property to transfer directly upon death.
• Proper beneficiary designations: For bank, retirement, and investment accounts.

We recommend working with an estate attorney to plan ahead, especially if you own property in Nevada.
Please reach out for a list of recommended Estate Attorneys.

🤝 How The Kirby Group Helps with Probate Sales

Probate can be stressful, but selling a home doesn’t have to be. Our team has extensive experience with probate real estate in Northern NV, and we regularly work alongside estate attorneys and personal representatives.

Here’s how we support you:

• Guide you through court approval and real estate procedures
• Handle clean-out, repairs, and home prep
• Market the property strategically to attract serious buyers
• Keep communication open with all parties
• Minimize delays and maximize value

📌 Final Thoughts

The biggest disadvantage of probate in Nevada is the delays and restrictions it places on the estate—especially when selling real estate. But with the right professionals on your side, the process can be managed effectively and with fewer surprises.

Let The Kirby Group guide you through it with compassion, expertise, and a proven plan.

📞 Need Help Selling a Probate Property in Reno?

Call or text us at 775-313-4967
Email: ClaireKirby@NorthernNevadaHomePro.com
Visit: NorthernNevadaHomePro.com

We’re here to help—whether you’re just starting the probate process or ready to sell.