Q: In the state of Nevada is it illegal to rent out a house while it's in probate

A: No, it is not illegal, but it may not be a good idea. There a lot of issues to consider: insurance, damage, possible eviction of tenant; probate completing before the end of the lease, difficult to sell if necessary, possibly needing court approval to allow a tenant; objection by beneficiaries, etc.

This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through a posted inquiry.

A: There is no blanket prohibition against renting out a house in probate. Indeed, one of the problems with vacant houses is squatters can move in and in many jurisdictions, such as Las Vegas, the police will tell the personal rep. of the estate that the squatter is a civil matter and they need to get an eviction order which costs money and time and even after one squatter is evicted a new squatter can move in and start the process all over again.

Once a personal representative is appoint by the Court the personal rep can rent the house. Before a personal rep is appointed, the presumed heirs may not have the legal authority to rent it out, but it may still be better if they do so, especially on a temporary basis.