NV state guide
Nevada estate risk overview
This guide explains how estate outcomes work in Nevadawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Nevada intestacy rules apply to separate property and give the surviving spouse a share based on the number of children, with parents or siblings inheriting when there are no descendants.
- Nevada intestacy rules in Chapter 134 apply to separate property; community property passes under other rules.
- If the decedent leaves a spouse and one child, the spouse receives one-half and the child receives one-half.
- If the decedent leaves a spouse and more than one child, the spouse receives one-third and the remainder passes to children by representation.
- If there are no descendants, the spouse receives one-half and the parents share the other half; if no parents, the spouse receives one-half and siblings share the other half.
- If there are no descendants, parents, or siblings, the spouse takes the separate property.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Nevada allows transfer of personal property by affidavit for small estates with no Nevada real property after a 40-day waiting period.
- The affidavit process is available only if there is no Nevada real property in the estate.
- The value limit is $100,000 if the claimant is the surviving spouse and $25,000 for other claimants.
- At least 40 days must pass after death before using the affidavit.
- No petition for a personal representative can be pending or granted in any jurisdiction.
- The small-estate affidavit must be sworn and used only when the estate has no Nevada real property.
Estate and inheritance tax exposure
Nevada does not impose a state estate tax or inheritance tax.
- No Nevada estate tax.
- No Nevada inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Nevada courts give preference to parents and consider parental nominations and a minor's request (age 14+) when appointing guardians for minors.
- Parents are preferred for appointment if qualified and suitable.
- The court considers a parent's written nomination of a guardian.
- The court considers a request by a minor age 14 or older when selecting a guardian.
- Older minors may nominate a guardian, subject to court approval.
Risk areas
Explore estate risk dimensions in Nevada
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Nevada
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Nevada
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Nevada
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.