NV risk area
Intestacy risk in Nevada
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Nevada
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://www.leg.state.nv.us/nrs/nrs-134.html
- https://nevada.public.law/statutes/nrs_134.050
- https://law.justia.com/codes/nevada/2013/chapter-134/statute-134.190/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Nevada.