Estate planning
What happens if you die without a will in Nevada
By Frank Stucki, Esq., MBA
Quick answer
If you die without a will in Nevada, state law decides who inherits, starting with your spouse and children. Married couples are often surprised by how Nevada splits separate property between a spouse and kids, parents or siblings.
What does "intestate" mean?
Dying "intestate" means dying without a valid will. Nevada then applies a default plan written by the Legislature, found mainly in NRS Chapter 134.
That default plan doesn't know your family. It doesn't know about your partner you never married, your best friend, your stepchildren or the charity you care about.
What happens to community property?
Nevada is a community property state. Property either spouse acquired during the marriage is generally community property, while property owned before marriage, or received by gift or inheritance, is generally separate (NRS 123.130 and 123.220).
At death, half of the community property already belongs to the surviving spouse. Without a will, the other half also goes to the surviving spouse (NRS 123.250). Community property held "with right of survivorship" passes by that survivorship right instead.
NRS Chapter 134's sharing rules apply only to separate property (NRS 134.010).
Who gets my separate property?
Under NRS 134.040, 134.050, 134.090 and 134.100:
| Who survives you | How separate property is divided |
|---|---|
| Spouse and one child (or that child's descendants) | 1/2 to spouse, 1/2 to the child |
| Spouse and two or more children | 1/3 to spouse, 2/3 shared equally by the children (a deceased child's share goes to that child's descendants) |
| Spouse and both parents, no children | 1/2 to spouse, 1/4 to each parent |
| Spouse and siblings, no children or parents | 1/2 to spouse, 1/2 shared equally by siblings |
| Children, no spouse | All to the children in equal shares (a deceased child's share goes to that child's descendants) |
| No spouse or relatives | The estate escheats to the State of Nevada for educational purposes (NRS 134.120) |
So a married person with two children who owned a house before marriage could leave only one-third of it to the surviving spouse. The children, possibly minors, would own the rest.
Why is that a problem for families with young kids?
Minors can't manage property on their own. A court may need to appoint a guardian of the estate to manage a child's inheritance, with court oversight, until the child turns 18. At 18, the child generally receives whatever is left outright.
Without a will, you also haven't nominated a guardian to raise your children. Nevada courts consider a parent's written nomination when choosing a guardian (NRS 159A.061). Without one, the court decides without your input.
What about unmarried partners and stepchildren?
Nevada's intestacy rules follow marriage and blood or adoption. An unmarried partner generally inherits nothing without a will, trust or beneficiary designation. Stepchildren who were never adopted are generally not heirs either.
Does every estate go through full probate?
No. Nevada lets heirs collect smaller estates by affidavit after 40 days: up to $25,000, or up to $150,000 when the surviving spouse is the claimant (NRS 146.080). Estates up to $150,000 may be set aside by court order without full administration (NRS 146.070), and estates up to $500,000 may qualify for summary administration (NRS 145.040). Larger estates usually need full probate.
Assets with a beneficiary designation, such as life insurance, retirement accounts and payable-on-death accounts, generally pass to the named beneficiary outside of intestacy.
How does a simple will change things?
A basic will lets you:
- Leave everything to your spouse, partner or anyone else you choose
- Name the guardian you trust for your children
- Put a child's inheritance in a trust instead of handing it over at 18
- Choose your executor
Signature Law offers a free simple will for Nevada residents, prepared under the supervision of Frank Stucki, Esq., MBA.
FAQ
Not always. Your spouse generally receives the community property, but your separate property may be shared with your children, parents or siblings.
Generally no, unless an asset names them as beneficiary or co-owner with survivorship rights.
Nevada generally recognizes a will that was validly made elsewhere, but a review is wise after a move.
Sources
This guide is general information, not legal advice. Reading it does not create an attorney-client relationship.
Questions about your situation? Frank Stucki, Esq., MBA handles flat-fee legal work in Nevada, Washington, Utah and California.