What Happens if You Die Without a Will in Nevada?
Without a will, Nevada has a default plan for your estate already written into state law. It's based on your marital status and family, not your preferences. This is referred to as intestate succession. Because Nevada is a community property state, the rules here work a little differently than in most of the country.
If You are Married with Children
Your spouse automatically keeps their own half of the community property and inherits your entire half too. What happens to your separate property depends on how many children you have.
- 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 are Married Without Children
If you are married without children, your spouse inherits your half of the community property. If you have living parents, your spouse also inherits 1/2 of your separate property and your parents inherit the other 1/2. If you have no living parents, your spouse inherits the entire estate.
If You Don't Have a Spouse, but Have Children
If you do not have a spouse, your children divide your assets equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings are in line to inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Nevada, though this does not often happen, given how broadly the law searches for relatives before this ever happens.
Other Things to Know about Dying Without a Will in Nevada
- Your spouse's own half of the community property was never yours to give away, so only your half and your separate property pass through intestate succession.
- Real property titled as community property with right of survivorship passes directly to the surviving spouse, bypassing this entire process.
- Stepchildren generally don't inherit, unless you made the decision to legally adopt them.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Nevada, your estate may still avoid full probate if the personal property is valued at roughly $25,000 or less ($150,000 or less for a surviving spouse), using a small estate affidavit 40 days after death. Estates under $500,000 can also use faster summary administration.
Check out our article to learn more about probate in Nevada.
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