Thinking about what happens after you’re gone isn’t easy. Many people put off writing a will or estate plan because it feels overwhelming or uncomfortable. But understanding what happens if you die without a will in Nevada can help you take control and protect the people you care about most.
At Mills & Anderson, our Las Vegas, Nevada estate planning and will lawyers have decades of experience helping Nevada families plan for the future with easy-to-follow guidance and compassion.
Below, we explain what happens when you don’t have a will and how your loved ones can avoid unnecessary stress and costs when handling your estate.
Please call (702) 386-0030 or reach us online today to schedule a consultation.
What Is Nevada Intestate Succession?
When you don’t have a will or estate plan, you lose the power to decide who receives your property, who handles your affairs, and how your legacy is managed. Instead, the State of Nevada, not your personal wishes, determines who inherits through a process called intestate succession.
Let’s take a closer look at these rules found in the Nevada Revised Statutes under NRS 134 and related sections, which govern this process.
Who Inherits Under Nevada Intestacy Laws?
When someone dies without a will, the court must look to Nevada law to determine heirs. The law divides property in the following ways.
If You’re Married and Your Spouse Survives You
Under the law, your surviving spouse receives all of your community property, which is generally property acquired during the marriage. Your spouse is likely entitled to your separate property as well, but the amount they receive depends on whether you have surviving children or other relatives.
Consider if you have the following:
- No children or descendants. Your surviving spouse receives half of your separate property, and the other half is shared equally by any living parents or siblings. If there are no siblings or parents, your spouse inherits all of your estate.
- One surviving child. Your spouse receives half of the separate property, and your child receives the other half.
- More than one surviving child or child of a child. Your spouse receives a third of your separate property, and the children receive equal shares of the remaining estate.
Typically, your grandchildren have a right to inherit from you when their parents are not alive to receive their intestate share.
If You’re Not Married or Your Spouse Doesn’t Survive You
If you pass away without a living spouse, your intestate property passes as follows:
- Have children—estate goes to your children to share equally;
- No children, but have a surviving parent—estate goes to your parent or parents (in equal shares);
- No children, and both your parents are deceased—siblings inherit your entire estate in equal shares;
- No surviving immediate family or grandchildren—estate may pass under Nevada next of kin law to nieces and nephews, grandparents, or more distant relatives; and
- No surviving next of kin—estate may pass to the state for educational purposes.
If your intestate property passes to the state, it is called an escheat. The possibility of an escheat and other types of inheritance without your say underscores the importance of making a will or trust to ensure your assets go where you want them to go.
The Probate Process for an Intestate Estate
Even without a will, Nevada requires your estate to go through a process known as probate. During probate, the court oversees the payment of your debts and the distribution of your property in accordance with Nevada inheritance laws and the following steps.
1. Appointment of an Administrator
The court appoints an administrator to handle your estate, who is typically an adult, immediate family member, or next of kin. An administrator may also be any qualified adult if there is no remaining family.
Once selected, the administrator receives letters of administration, which grants them the authority to manage the estate. The administrator plays a role similar to an executor of a will. They manage assets, pay debts, and distribute property in accordance with Nevada intestate succession laws.
2. Inventory and Appraisal
Generally, the administrator must list and value the estate assets and have them appraised. This includes real estate, bank accounts, vehicles, and personal belongings. Following the appraisal, the heirs may receive a copy of the inventory.
3. Notifying Creditors and Paying Debts
The administrator must notify creditors about the process to give them an opportunity to file claims against the estate. Outstanding debts and taxes must be paid before assets are distributed.
4. Distributing the Estate
Finally, after payment of estate debts, taxes, and expenses, the remaining property is distributed in accordance with Nevada intestacy laws. This process can take months or even years, depending on the size and complexity of the estate.
How to Avoid Intestate Succession
There are several options available to help you ensure your wishes are being followed and your loved ones get the protection they need after your death.
These options include:
- Write a will. A valid Nevada will lets you choose who inherits your property, who manages your estate, and even who will care for minor children. Writing a will can give you control and peace of mind, but court involvement is still required to supervise and approve administration and distribution of the estate.
- Create a trust. A trust allows you to transfer property during your lifetime to avoid probate entirely. When you pass away, your trustee distributes assets according to your instructions.
- Own property jointly. Joint ownership with a right of survivorship means that the surviving co-owner automatically inherits the property upon the death of one owner. Owning property with a right of survivorship can help you avoid probate, similar to a trust.
A skilled estate planning attorney can review your current situation and identify strategies that can help you avoid intestate succession altogether.
Take Control of Your Legacy
At Mills & Anderson, we have extensive experience counseling clients about their estate plans. We work closely with you to help ensure you have an enforceable plan that reflects your wishes. Our team believes in collaboration and helping you get the most out of the service you pay for.
Take the first step toward a solid legacy today by calling (702) 386-0030 or contacting us online to schedule a consultation.
Frequently Asked Questions
What If You Die Without a Will in Nevada—Does Your Spouse Get Everything?
Not necessarily. Under Nevada law, your spouse typically receives your share of community property, but separate property may be divided between your spouse and children or other relatives.
Can You Avoid Intestate Succession Laws?
Yes. Creating a will, a trust, or other ownership documents that reflect what happens to your property after death can help you avoid intestate succession and ensure the distribution of your assets according to your wishes.
Does Every Estate Have to Go Through Probate?
No. Property held in a trust, owned under a joint title with a right of survivorship, or with a predesignated Payable on Death beneficiary typically passes without the need for probate.
Resources:
- Ownership of survivor upon death of spouse; disposal by will of decedent, NRS § 123.250 (2017), link.
- No surviving spouse but issue, NRS § 134.090 (1999), link.
- No surviving spouse or issue but children of issue, NRS § 134.110 (1999), link.
- No issue, surviving spouse or parent but sibling, NRS § 134.060 (2017), link.
- No issue, surviving spouse or immediate family, NRS § 134.070 (2017), link.
- Escheat, NRS § 134.120 (1999), link.
- Order of priority for right to appointment; priority of nominee, NRS § 139.040 (2019), link.
- Qualifications, NRS § 139.010 (2015), link.
- Inventory and appraisement or record of value to be made and filed; waiver; request for list of assets; copy mailed to interested heirs and devisees; redacted inventory; court order for inventory, NRS § 144.010 (2017), link.
- Notice to Creditors, NRS § 147.010 (1999), link.
