What Happens If You Die Without a Will in Nevada?
Nevada is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Nevada, descendants divide what passes to them per stirpesNRS § 134.040, NRS § 132.290Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
Nevada intestacy law decides. As a community property stateNRS § 134.040Verified Sep 10, 2026View source, Nevada distinguishes community property (acquired during the marriage) from separate property (owned before it, or received as a gift or inheritance), and the surviving spouse's share differs for each. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Siblings and their descendants; Next of kin in equal degree; The State of NevadaNRS § 134.040Verified Sep 10, 2026View source.
The surviving spouse's share in Nevada depends on the family. With no children: Community property: 100% to spouse. Separate property: depends on surviving relatives — 100% if no parents/siblings; 1/2 if parents or siblings surviveNRS § 134.040Verified Sep 10, 2026View source. With shared children: Community property: 100% to spouse. Separate property: 1/2 to spouse if one child; 1/3 to spouse if more than one childNRS § 134.040Verified Sep 10, 2026View source. When a child from a prior relationship survives: Community property: 100% to spouse. Separate property: 1/2 to spouse if one child; 1/3 to spouse if more than one childNRS § 134.040Verified Sep 10, 2026View source.
Nevada divides per stirpesNRS § 134.040, NRS § 132.290Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
When one spouse dies without a will in Nevada, how each asset is classified, community or separate, decides what passes and to whom; with shared children the surviving spouse takes Community property: 100% to spouse. Separate property: 1/2 to spouse if one child; 1/3 to spouse if more than one childNRS § 134.040Verified Sep 10, 2026View source.
Under Nevada intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Nevada, however, Registered domestic partnersNRS § 122A.200(1)(c)Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Nevada will signing requirements set out what a valid will takes.
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Learn moreForms for Planning and Settling an Estate in Nevada
Free Nevada forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Nevada, the notice to creditors is published for 3NRS 147.040, NRS 147.070, NRS 147.130, NRS 147.195, NRS 155.020Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 3 monthsNRS 147.040Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Nevada, a person named as personal representative may renounce the right to serveNRS 136.090(1)(b); NRS 138.020(2)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Nevada, the Affidavit of EntitlementNRS 146.080Verified Sep 8, 2026View source covers estates with personal property of $25,000NRS 146.080Verified Sep 8, 2026View source or less, 40 daysNRS 146.080Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Nevada, the personal representative files the estate inventory within 120 daysNRS 144.010, NRS 144.090Verified Sep 15, 2026View source of appointment.
Estate Closing
In Nevada, the personal representative is discharged by court orderNRS 151.230, NRS 150.200, NRS 150.210Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Nevada, a will is signed before 2NRS 133.040Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNRS 133.040Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Nevada allows a choice for a healthcare power of attorney: 2NRS 162A.855, 162A.865, 162A.870Verified Oct 15, 2026View source witnesses or a notary.
Tools for Planning and Settling an Estate in Nevada
Free calculators and checklists for planning or settling an estate in Nevada: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Nevada costs an estimated $24,726NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableNRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source, typically 1%NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source to 4%NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source of the estate.
What Are the Burial and Cremation Laws in My State?
Nevada allows you to name your own agent in advanceNRS 451.024(9)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Nevada levies no estate or inheritance taxNev. Const. art. 10, §§ 1(7) & 4; NRS 375A.025, 375A.100Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Nevada imposes no inheritance or estate taxNev. Const. art. 10, §§ 1(7) & 4; NRS 375A.025, 375A.100Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Nevada take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxNev. Const. Art. 10, § 1(9) — "No income tax shall be levied upon the wages or personal income of natural persons"Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Nevada costs an estimated $24,726NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees on a statutory schedule presumed reasonableNRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source. Estates under $25,000NRS 146.080Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Nevada sets executor compensation by statute — about $11,150 on a $500,000 estate, roughly 2.2%NRS 150.020 (statutory percentage: 4% on first $15K, 3% next $85K, 2% above $100K; NRS 150.020(4) — court may allow such further fees as it deems just and reasonable; NRS 150.030 — extraordinary services)Verified Sep 8, 2026View source.
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Nevada Estate Planning Resources
In-depth guides covering Nevada probate laws, trust requirements, and estate planning strategies.