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States/Nevada Estate Planning Resources
Home→Tools→Who Inherits→Nevada

What Happens If You Die Without a Will in Nevada?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state's intestate succession laws.

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This calculator shows how intestate succession laws distribute assets when someone dies without a will. Actual distribution may be affected by community property rules, asset titling, and beneficiary designations. This calculator provides educational estimates only and does not constitute legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

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Frequently Asked Questions

Nevada is one of nine community property states in the U.S. This means property acquired during marriage belongs equally to both spouses, regardless of who earned the income or whose name is on the title. When one spouse dies without a will, the surviving spouse keeps their half of community property and inherits all or part of the deceased spouse's half. Separate property—assets owned before marriage or received as gifts or inheritance—follows different rules and may be shared with children or other heirs depending on the family situation.

If you die without children in Nevada, your surviving spouse inherits your entire estate. Your parents, siblings, and other relatives receive nothing. This is the simplest intestacy scenario, but it highlights why having a will matters—if you want to leave anything to parents, siblings, or charity, you must do so in a will or trust.

When you have children from a prior relationship in Nevada: Community property: 100% to spouse. Separate property: 1/2 to spouse. Blended families often have the most to gain from estate planning, as intestacy rules may not reflect your actual wishes for how to provide for both your spouse and children from different relationships.

Unlike most states, Nevada has no survival period requirement. An heir can inherit even if they die moments after you. This can lead to property passing through multiple estates in rapid succession—for example, if you and your spouse die in the same accident, your assets could pass to your spouse's estate and then immediately to your spouse's heirs, potentially cutting out your side of the family entirely. A will with a survival clause (requiring heirs to survive you by 30-120 days) can prevent this outcome.

Nevada uses "per stirpes" distribution, meaning descendants step into their deceased ancestor's shoes. If one of your children dies before you, their children (your grandchildren) collectively inherit what their parent would have received. They split their parent's share among themselves, regardless of how many children your other surviving children have. This keeps family branches intact—each branch of the family tree receives the same total share, even if one branch has more descendants than another.

Nevada's intestacy laws are codified in NRS § 134.040. These statutes define exactly who inherits and in what proportions when someone dies without a valid will. The rules can change through legislative action, so anyone relying on intestacy should verify current law. More importantly, these default rules rarely match what people actually want—creating a will or trust lets you choose your beneficiaries rather than letting the state decide for you.

Intestacy Laws in Nevada

When someone dies without a will in Nevada, state intestacy laws determine how their estate is distributed. These laws prioritize the surviving spouse and children, with specific rules for different family situations.

Nevada is a community property state. This means the surviving spouse typically inherits 100% of the deceased's share of community property (assets acquired during marriage). However, separate property (owned before marriage or received as gift/inheritance) may be divided differently.

Nevada distributes assets to descendants using the "per stirpes" method. Per stirpes

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