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.
Frequently Asked Questions
Nevada intestacy laws determine who inherits when there is no will.NRS § 134.040Verified May 14, 2026 As a community property state, Nevada distinguishes between community property (acquired during marriage) and separate property (owned before marriage or received as a gift or inheritance). The surviving spouse's share differs for each type. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Nevada depends on family structure.NRS § 134.040Verified May 14, 2026 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 survive.. 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 child.. When children from a prior relationship survive: Community property: 100% to spouse. Separate property: 1/2 to spouse if one child; 1/3 to spouse if more than one child..
Nevada uses the "per stirpes" distribution method.NRS § 134.040, NRS § 132.290Verified May 14, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes (right of representation)
Under Nevada intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.NRS § 134.040Verified May 14, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Nevada will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Nevada depend on estate size and complexity. Estates valued at $150,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Nevada probate cost calculator for a detailed estimate.
Nevada is a community property state, meaning most assets acquired during marriage are jointly owned.NRS § 134.040Verified May 14, 2026 When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property 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 child.. Separate property follows a different distribution depending on surviving relatives.
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Nevada Estate Planning Resources
In-depth guides covering Nevada probate laws, trust requirements, and estate planning strategies.
