Coos Bay, OR asked in Probate for Nevada

Q: Do wills in Nevada need to go through probate if property is involved?

Both my stepfather and mother passed away within a year of each other. They owned two homes and numerous vehicles in both Sun Valley and Silver Springs Nevada. My youngest brother and his family now occupy one home and his oldest son lives in the other. He is saying his fathers will left him the homes but my other brothers and I have never seen the will nor has it ever gone to probate. What should we do.

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2 Lawyer Answers

A: Yes. Property that passes under a Will has to go through probate.

A: Yes. Property that passes under a Will has to go through probate. However, just because property is listed in a Will does not 100% of the time mean it has to go through probate. Examples of such exceptions would be if the property is in the name of a trust, is held in joint tenancy, or a transfer on death deed was filed prior to death of the owner. You can see how the property is listed on the County Assessor's website. If it is listed solely in the name of one person who had died, or solely in the name of two people who have died, and it is not in a trust and there is no transfer on deed (typically filed with the County Recorder, not the County Assessor), then the property had to go through probate.

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