Must the Probate Court hire the Property Manager?

From time to time, we receive calls from people wanting it hire us because they live out of state and an relative who lives in Nevada has past away and there is no one here locally to handle the property. There can be many problems associated with this and I will discuss them here. This is not to be considered as legal advice and I am not an attorney.

First Question should be does the person on the phone have the authority to hire the property manager and where does that authority come from?

Answers

1. If the person is the successor trustee of a trust which owns the property, the answer is yes, but as the Property Manager, the Property Manager should require a certified copy of the trust's Certificate of Trust and positive identification of the person claiming to be the successor.
   
2. If the person is named as joint tenant on the deed with the deceased, the Property Manager should require a copy of the recorded Termination of Joint Tenancy and positive identification of the surviving joint tenant.
3. If there is no trust or surviving joint tenant, the property manager should require a certified copy of Letters Testamentary or Letters of Administration in which a personal representative of the estate of the deceased has been appointed by the probate court who will be given authority to "protect and collect" items owned by the estate. The duly appointed personal representative will have the authority to hire a property manager.
4. When there is no one local to represent the estate of the deceased and no joint tenant exists, the "Public Administrator", a county official, will have the authority take over the duty of protecting the property of the estate and search for heirs and a will. If a will is found and heirs are located, then the probate process will appoint a personal representative of the estate. If a trust is found, the Public Administrator will turn over the property to the successor trustee.
5. If the deceased left no trust or will, the deceased will have "died intestate" and Nevada statutes governing intestate succession will determine how the estate assets will be distributed. If no heirs are found, the estate will "escheat" to the State of Nevada for educational purposes.

A property manager cannot contract his services to manage the property or impose on the possession without proper authority. If he or she does, it is done at there own peril. Any lease that is negotiated based upon a management agreement that was sign by someone who is not authorized by the court or the surviving joint tenant would be unenforceable in my opinion.

There is already enough stress on the family of the deceased and entering into an agreement when they only think they have the authority to do so is a bad way to do business. Check the deed and make sure you are contracting with the person or entity authorized. Refer them to a qualified attorney for guidance. I am not an attorney and don't want you to think that anything in this blog is legal advice. Always consult an attorney.