Buying (or selling) a home that requires a probate court approval contingency is not that difficult but does require patience.
Buying a Las Vegas home with a contingency subject to probate court approval means that the homeowner is deceased and without a “will”. This is called “intestate“. Probate is the legal process to transfer title to what the court deems are the legal heirs to the property.
Here is a summary of Nevada Probate Law if you would like to go into greater depth. I am going to give you the “real estate” side of the story. The “WOman on the street side” of the story, if you will! Please keep in mind that I am not an attorney nor do I play one online.
The first step as a buyer is finding Las Vegas homes subject to probate court approval. This can be done several ways:
- Get set up for an MLS search (we have homes subject to court approval fields in the MLS.) Fill out this form if you would like to get set up on that search – please note in last paragraph that you would like to be set up on a probate search!!
- Search the probate calendar list at the Clark County probate court website.
If you decide to go the MLS route with this process it will give you a little “edge” if you are the winning offer when it is time to go to probate court to satisfy the seller contingency.
So let’s say you work with a REALTOR® who writes an offer on a property subject to probate court approval and the heir who is fighting for court approval for title likes your offer the best:
- The heir will sign the offer
- The heir or the heir’s representative (usually a probate attorney) will file a petition for a court hearing
- The probate court hearing will be 3-6 weeks out (as a general guideline.)
You WILL want to attend the probate court hearing for several reasons:
- Your accepted offer CAN be outbid (you also have the right to outbid the bidder in the event that your offer is outbid!)
- An interested party may step up and claim an interest in the estate and title of the property.
- Any additional bids MUST waive their rights to contingencies and earnest money deposits become non-refundable.
Clark County probate court cases are heard every Friday & you will want to check the calendar to make sure they are not closed for holidays.
Once the probate court approves the petition, the heirs attorney will record the court order. A certified copy of the recorded court order of title transfer to the heirs can be passed on to the title & escrow company so the property can then be closed and title can be transferred to the new homeowners.
We have experience & would love to work with you if you are seeking to purchase probate properties! Simply fill out this buyer questionnaire form and note that you would like to purchase probate properties!
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