EstateRiskIQ

Risk Intelligence

NV risk areas

Nevada estate risk areas

These pages explain how default state rules in Nevada shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.

How to use this guide

  • Read the risk summaries to understand default outcomes.
  • Open a risk guide for state-specific details and sources.
  • Use this as education, not legal advice.

Intestacy risk

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.

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Probate risk

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.

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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.

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Guardianship risk

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.

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Complexity triggers

Nevada’s community property rules and homestead survivorship provisions can shift how real property passes at death.

  • Property acquired after marriage is presumed community property unless an exception applies.
  • A declared homestead that is community property carries a right of survivorship that vests the property in the surviving spouse.

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