Probate vs. Trust Sale in Nevada: What’s the Difference?

When a loved one passes away, the question of what happens to their home can quickly become overwhelming. One of the biggest differences in how real estate is handled comes down to this: Was the home in a trust, or will it need to go through probate?

At The Kirby Group, we help Reno families understand both processes so they can make informed decisions and avoid costly mistakes. Let’s break down the key differences between probate and trust sales in Nevada.

🔍 What Is a Probate Sale?

A probate sale happens when a property owner dies without placing their home in a living trust. Probate is the legal court-supervised process of settling their estate and transferring property to heirs.

In Nevada, this means:

• Filing a petition with the probate court (in your respective couty)
• Appointing a personal representative (executor or administrator)
• Possibly needing court approval to list or accept offers
• Heirs must wait for the process to play out before receiving proceeds

Disadvantage: Probate can take several months (or longer), and it typically involves attorney fees and court oversight.

🏡 What Is a Trust Sale?

A trust sale happens when the deceased person placed the home into a revocable living trust before they passed. In this case, the trustee (usually a family member or attorney) can sell the property immediately—without court intervention.

This means:

• No probate court involvement
• Faster timelines (often within 30–60 days)
• Less legal complexity
• Privacy is preserved—no public court record of the sale

Advantage: Trust sales are usually faster, cheaper, and more private than probate sales.

⚖️ Probate vs. Trust Sale: Side-by-Side Comparison

🧠 Which One Is Better?

If the home was placed in a trust before death, a trust sale is almost always better—faster, less expensive, and with fewer legal roadblocks.

But if you’re facing a probate situation, don’t worry. The Kirby Group has years of experience helping Reno families navigate court timelines, disclosures, and sale approvals with care and confidence.

🤝 Talk to Reno’s Probate and Trust Real Estate Experts

Whether you're an executor managing a probate estate or a trustee preparing to sell a home, we can guide you through each step. We’ve worked with attorneys, heirs, and courts throughout Northern Nevaada—and we’ll help protect your timeline, value, and peace of mind.

📞 Contact The Kirby Group Today

Call or Text: 775-313-4967
Email: ClaireKirby@NorthernNevadaHomePro.com
Website: NorthernNevadaHomePro.com
We are not Attorneys, and this should not be taken as legal advice.