Probate in Nevada: What Your Family Goes Through Without a Will

Probate is the default path for an estate in Nevada, but that doesn't mean you don’t have other options. If your loved one died without a will, this is called intestate succession. You can only avoid probate in Nevada under a few circumstances.

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In the following cases, you can bypass probate.

• Adding beneficiaries to life insurance policies

• Adding beneficiaries to retirement accounts

• Adding payable-on-death or transfer-on-death designations to bank or brokerage accounts

• Property titled as community property with right of survivorship

Otherwise, an estate without a will is subject to probate in Nevada. Personal property valued at roughly $25,000 or less ($150,000 or less for a surviving spouse) can transfer by affidavit 40 days after death, and estates under $500,000 can use Nevada's faster summary administration.

Succession Laws Without a Will in Nevada

Nevada's inheritance rules begin with a basic question. How is property owned in the first place? Nevada is one of nine community property states. Property acquired during the marriage generally belongs equally to both spouses, so a surviving spouse already owns half of it outright. Only the decedent's half of community property, plus any separate property (any property you acquired before the marriage), is affected by intestate succession.

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If none of the exceptions above apply, the estate will go through probate and be distributed as follows.

• Your spouse will always inherit your entire half of all community property.

• If you have one child, your spouse inherits 1/2 of your separate property. Your child inherits the other 1/2.

• If you have two or more children, your spouse inherits 1/3 of your separate property. Your children divide the remaining 2/3 equally.

• If you have living parents but no children, your spouse inherits 1/2 of your separate property. Your parents inherit the other 1/2.

• If you have no spouse and no children, your estate goes to your parents.

Nevada Probate Process

Nevada probate is handled by the District Court in the county where the deceased lived. Nevada has no state estate or inheritance tax, and community property that passes automatically to a surviving spouse frequently keeps a significant share of an estate out of probate entirely.

Avoiding Probate in Nevada

For families who'd rather skip the courthouse altogether, here are the standard ways to avoid probate.

• Revocable living trust. With a living trust, you have full control over your estate as the trustee. Within the trust, you name a successor trustee who manages distributing your assets after your death.

• Beneficiary designations. You can put a payable-on-death (POD) designation and a transfer-on-death (TOD) designation to name a new owner for financial and retirement accounts.

• Title real estate you own with your spouse as community property with right of survivorship, which will pass directly to a new owner without probate.

• Establish joint ownership with right of survivorship for property you own wiht another persont that isn’t your spouse.

Want to learn more about trusts in Nevada? See how FeedingBird can help.