How to Sell an Inherited Home in Las Vegas

by Ryan Rose

Someone passed away and left you a house. Along with grief comes paperwork, decisions, and the question: what do I do with this property?

If selling is the answer, here's how it works.

First: Can You Legally Sell?

You can't sell a property you don't legally own yet. Inheriting a house requires transferring title to your name first. How that happens depends on how the property was held.

Trust. If the property was in a living trust, the successor trustee can transfer or sell without probate. Usually the quickest path.

Joint tenancy or community property with right of survivorship. Title transfers automatically to the surviving owner. Just need a death certificate and affidavit.

Probate. If none of the above apply, the property goes through probate court. A judge confirms the will (if there is one) and authorizes the executor to sell. This takes months.

The Probate Process

Probate in Nevada typically takes 4-6 months minimum. During this time:

The court appoints an executor or administrator. Creditors are notified. Debts are paid. Assets are distributed according to the will or Nevada law if there's no will.

You might need court approval to sell the property. Some probate sales require listing at appraised value. Others allow more flexibility. An attorney or the probate court can clarify requirements.

The Tax Situation

Here's some good news. Inherited property gets a "stepped-up basis."

What does that mean? Your tax basis (the number used to calculate capital gains) becomes the property's value at the date of death, not what the deceased originally paid.

If grandma bought for $100,000 in 1985 and it's worth $400,000 when she dies, your basis is $400,000. If you sell for $410,000, you only pay capital gains on $10,000, not $310,000.

This is a significant tax benefit. Talk to a CPA to understand your specific situation.

Preparing the Property

Inherited homes often need work. The previous owner may have been elderly, unable to maintain the property, or the home may have sat vacant.

Assess what's needed. Sometimes a deep clean and minor repairs are enough. Sometimes major work is required. Balance investment against expected return.

If you're out of state, you'll need help managing this process remotely.

Clearing Out Belongings

The house is full of someone's life. This is often the hardest part emotionally. Take time if you need it. But eventually, the property needs to be emptied for sale.

Options include: doing it yourself, hiring estate sale companies, donation services, or junk removal. Many families combine approaches.

Multiple Heirs

Inherited the house with siblings? Everyone needs to agree on the sale. If you can't agree, things get complicated. Partition actions (forcing a sale through court) exist but are expensive and contentious.

Better to communicate, compromise, and work together. Easier said than done sometimes.

The Bottom Line

Selling inherited property involves legal, tax, and emotional considerations beyond a normal sale. Get the right help: an attorney for probate questions, a CPA for tax implications, and an experienced agent for the sale itself.

Need to sell an inherited Las Vegas home? I can help guide you through the process.

Frequently Asked Questions About Selling Inherited Property in Las Vegas

Q1: How long does probate take in Las Vegas?

Probate in Nevada typically takes 4-6 months minimum. The timeline can extend longer depending on the complexity of the estate, whether creditors file claims, and if any disputes arise among heirs. During this time, the court appoints an executor, notifies creditors, and authorizes the distribution of assets.

Q2: Can I sell an inherited house before probate is complete?

Generally no. You must have legal title to the property before selling. If the property is going through probate, you'll need to wait for court approval and title transfer. However, if the property was in a trust or held in joint tenancy with right of survivorship, you may be able to sell much sooner without going through probate.

Q3: Do I have to pay capital gains tax on an inherited home in Las Vegas?

Inherited properties receive a "stepped-up basis," meaning your tax basis is the property's value at the date of death, not the original purchase price. You only pay capital gains tax on any appreciation from the date of death to the sale date. This often results in minimal or no capital gains tax. Consult a CPA for your specific situation.

Q4: What happens if multiple heirs inherit the same property?

All heirs must agree on the sale. If co-heirs cannot reach an agreement, one option is a partition action, which forces a sale through the court system. However, this is expensive and contentious. It's best to communicate openly and work toward a compromise that satisfies all parties involved.

Q5: Do I need a lawyer to sell an inherited property in Las Vegas?

While not always legally required, it's highly recommended, especially if the property is going through probate. An attorney can help navigate probate court requirements, ensure proper title transfer, and advise on legal obligations. For complex estates or multiple heirs, legal guidance is particularly valuable.

Q6: What if the inherited house needs repairs?

Inherited homes often need work, especially if the previous owner was elderly or the property sat vacant. You'll need to decide whether to invest in repairs before selling or sell as-is. Consider the cost of repairs versus the expected return on investment. Many buyers and investors are willing to purchase inherited properties in as-is condition.

Q7: Can I sell an inherited Las Vegas home if I live out of state?

Yes, you can sell an inherited property from out of state. You'll need help managing the process remotely, including property preparation, showing coordination, and closing arrangements. Working with an experienced local real estate agent who understands the unique challenges of out-of-state sellers is essential.

Q8: What's the difference between a trust and probate when inheriting property?

If the property was held in a living trust, the successor trustee can transfer or sell it without going through probate court, making it the quickest path. Probate is a court-supervised process required when property isn't in a trust or doesn't have automatic transfer provisions. Probate takes several months and involves court oversight of asset distribution.

Q9: Who pays the mortgage on an inherited house?

If there's an outstanding mortgage, it must continue to be paid to avoid foreclosure. The estate is typically responsible until title transfers. Once you inherit the property, you become responsible for payments. Many heirs choose to sell quickly to avoid ongoing mortgage obligations, property taxes, insurance, and maintenance costs.

Q10: How do I handle the belongings in an inherited home?

Clearing out an inherited home is often the most emotionally difficult part. Options include handling it yourself, hiring estate sale companies, using donation services, or contracting junk removal. Most families use a combination of these approaches. The property should be emptied before listing it for sale to maximize appeal to buyers.