Nevada Intestacy Laws

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Nevada Intestacy laws address the problem which arises when a person dies without a Last Will & Testament. Many people die without a Will.  Thus, there are no instructions as to how the person wanted their assets distributed upon death.  Nevada intestacy laws distribute the assets of a person who dies without a will.  The charts below describe the difference scenarios and distribution schemes.

Nevada Intestacy Laws: Surviving Spouse and…

…the estate is worth less than $100,000.00.

The entire estate is “set aside” to the surviving spouse (and any minor children) for their support. Creditors receive no payment. NRS 146.070.

…only one child.

½ to the surviving spouse and ½ to the child. NRS 134.040(1).

…more than one child.

1/3 to the surviving spouse and 2/3 to the children, divided in equal shares. NRS 134.040(2).

…no children, but two living parents.

½ to the surviving spouse, ¼ to each surviving parent. NRS 134.050(1).

…no children, but one living parent.

½ to the surviving spouse, ½ to the surviving parent. NRS 134.050(2).

…no children, no living parents, but living siblings.

½ to the surviving spouse, ½ in equal shares to the surviving siblings. NRS 134.050(2).

…no children, living parent, or living sibling.

100% of the estate goes to the surviving spouse. NRS 134.050(4).

Nevada Intestacy Laws: NO Surviving Spouse and…

…the estate is worth less than $100,000.00.

The entire estate is “set aside” to the heirs, however, the Court may order payment to known creditors. NRS 146.070.

one child.

100% of the estate goes to the child. NRS
134.090.

…more than one child.

The children receive equal shares. NRS 134.090. If any of the children predecease the parent, and they also have their own children (grandchildren of the decedent), the child’s share passes to the grandchildren who divide the child’s
share equally. NRS 134.100.

…no children.

100% of the estate goes to the living parents, in equal shares. NRS 134.050(3).

…no living parent, no children.

100% of the estate goes in equal shares to the siblings, living or deceased. The children of the deceased siblings take their parents share in equal shares. NRS 134.060

…no living immediate family members (parents, siblings, children).

“…next of kin in equal degree,” with preference for those claiming through the nearest ancestor. NRS 134.070.

…no kindred of any kind.

The entire estate escheats to the State of Nevada for educational purposes. NRS 134.120.

 Additional Notes on Nevada Intestacy Laws:

  • Adopted children have all the same Nevada probate rights as biological children under Nevada intestacy laws. NRS 134.190, NRS 127.160.
  • However, biological children not acknowledged during life have no rights.  Thus, for purposes of Nevada intestacy laws, it is too late to establish paternity after death.  See In re: Estate of Murray, 131 Nev., Advance Opinion 8 (2015).
  • Ex-spouses have no rights and receive nothing under Nevada intestacy laws.
  • Stepchildren, if not formally adopted, have not rights under Nevada intestacy laws.
  • Nevada is a community property state. Thus, 1/2 of the community property passes outside probate before any of the above distributions are made. NRS 123.250.
Nevada intestacy laws govern how property is distributed in Nevada probate after a person dies without a Last Will & Testament.
Nevada intestacy laws govern how property is distributed in Nevada probate after a person dies without a Last Will & Testament.