Most people assume their assets will go to their spouse or children when they die. In many cases, that assumption is correct. But without a will, you are not the one making that decision. The State of Nevada is.
When someone dies without a valid will in Nevada, their estate is distributed according to intestacy laws under NRS Chapter 134. These rules follow a rigid formula based on family relationships. They do not account for your wishes, your family dynamics, or the specific needs of the people you care about. They cannot disinherit someone who should be disinherited. They cannot give more to a child who needs it. And they can produce results that would surprise most families.
The attorneys at Jeffrey Burr Law Firm have spent more than 40 years helping families in Las Vegas and Henderson avoid exactly this scenario. This article explains what happens when there is no will, how Nevada's intestacy rules work, and why the default outcome is rarely the one people would have chosen.
Intestate succession is the legal process that determines who inherits your assets when you die without a will. In Nevada, these rules are codified in NRS Chapter 134, and they apply to any asset that would have passed through a will, meaning assets owned solely in your name without a beneficiary designation, joint ownership, or trust.
The rules prioritize your closest living relatives and follow a strict hierarchy. The court does not consider what you would have wanted, how close you were to a particular family member, or whether someone is financially responsible enough to handle an inheritance. The formula applies the same way to every estate.
If you are married and have no children (or all of your children are also your spouse's children), your surviving spouse inherits your entire estate. This is the scenario that works out closest to what most people would have chosen on their own.
This is where intestacy creates problems. Under NRS 134.040 and 134.050, if you have children who are not also your surviving spouse's children, the estate is split. Your spouse receives one-half of the community property (they already own the other half) and one-third of your separate property. Your children receive the remaining two-thirds of your separate property and one-half of your share of community property.
In practice, this can force the sale of a family home. If the house is separate property, your spouse only receives a one-third interest. Your children from a prior relationship hold the remaining two-thirds. If they cannot agree on what to do with the property, the court may order it sold. This outcome is devastating for a surviving spouse who expected to stay in the home.
If you are not married at the time of death, your children inherit everything in equal shares under NRS 134.040. If any of your children predeceased you but have children of their own, those grandchildren step into their parent's share. If you have three children and one has passed away leaving two grandchildren, those two grandchildren split the deceased child's one-third share.
If you die without a spouse or children, your estate passes to your parents under NRS 134.060. If your parents are also deceased, the estate goes to your siblings. If you have no siblings, the estate passes to your grandparents, and then to aunts, uncles, and cousins. Nevada's intestacy statute traces the family line as far as necessary to find a living heir.
If the court cannot identify any living heirs after a thorough search, your estate escheats to the State of Nevada under NRS 134.120. The state takes everything. While this is rare, it does happen, particularly for people who are unmarried, have no children, and have lost contact with extended family.
Nevada is one of nine community property states, and this adds a layer of complexity to intestacy that most people do not anticipate. Under community property rules, each spouse already owns a one-half interest in all property acquired during the marriage. When one spouse dies, only their half of community property passes through the estate. The surviving spouse's half is already theirs by operation of law.
The complication arises when separate property is involved. If you owned a house before you got married, received an inheritance during the marriage, or kept assets from a prior life in a separate account, those assets are treated differently from community property under intestacy. Your spouse may receive only a fraction of your separate property, with the rest going to your children or other relatives.
Without a will, there is no way to specify which assets go to whom. The intestacy formula does not distinguish between the family home and a brokerage account. It does not let you leave your spouse a larger share of your separate property. It does not account for the fact that your spouse may need those assets to maintain their standard of living. For a detailed explanation of how community property rules interact with estate planning, our guide to community property vs. separate property in Nevada covers the distinctions.
Dying without a will does not avoid probate. In fact, it almost guarantees it. Without a trust or other probate-avoidance mechanism, your estate will go through the full probate process in Clark County, which typically takes 6 to 12 months and can take longer if there are disputes.
When there is no will, there is no executor. Instead, the court appoints an administrator to manage the estate under NRS 139.040. The surviving spouse has priority, followed by children, parents, and siblings. If multiple family members want to serve as administrator, or if family members object to a proposed administrator, the court has to resolve the dispute, which adds time and cost.
An administrator appointed by the court typically operates under full court supervision. This means the administrator must petition the court for permission to sell real estate, make distributions, or take significant actions on behalf of the estate. Each petition requires a court hearing, adds legal fees, and slows the process. An executor named in a will can often operate with more independence, especially if the will grants independent administration authority.
Probate without a will tends to be more expensive than probate with one. The additional hearings, bond requirements, court petitions, and potential disputes among heirs all increase legal fees. Family disagreements about who should serve as administrator or how assets should be distributed are far more common when there is no will to provide guidance.
The rigidity of intestacy is its biggest weakness. Nevada's intestacy rules cannot accommodate the specific circumstances that make every family different.
They cannot disinherit someone. If you have an estranged child you have not spoken to in 20 years, they inherit equally with your other children. The only way to disinherit someone in Nevada is through a valid will or trust.
They cannot provide for a non-relative. If you want to leave something to a long-term partner you are not married to, a stepchild you never formally adopted, a close friend, or a charity, intestacy provides nothing for any of them. Only blood relatives and a legal spouse are recognized.
They cannot protect an inheritance. If your child receives a lump sum through intestacy, that money is theirs outright, with no protection from creditors, divorce, or poor spending decisions. A will or trust can direct assets into a spendthrift trust or place conditions on distributions. Intestacy cannot.
They cannot minimize taxes. With proper planning, married couples can use trusts and strategic titling to maximize estate tax exemptions and take advantage of the stepped-up basis rules. Intestacy does none of this. Assets pass according to the formula, regardless of the tax consequences.
They cannot name a guardian for minor children. If both parents die without a will and have minor children, the court decides who raises them. Family members may disagree, and the court may appoint someone you would not have chosen. A will is the only document that lets you name a guardian for your children.
The fix is straightforward. Create an estate plan. At a minimum, a will lets you name an executor, specify who inherits your assets, name a guardian for minor children, and provide instructions for how you want your estate handled.
For most families, a revocable living trust is even more effective because it avoids probate entirely for the assets held in the trust. Your successor trustee can distribute assets according to your instructions without court involvement, saving time, money, and privacy.
Beyond a will or trust, you should also review beneficiary designations on retirement accounts, life insurance policies, and financial accounts. These designations override your will, so they need to be consistent with your overall plan.
If you already have a will or trust, make sure it is up to date. An outdated estate plan that does not reflect your current family situation, asset holdings, or the state you live in can produce results that are almost as bad as having no plan at all.
Only if all of your children are also your spouse's children, or if you have no children at all. If you have children from a previous relationship, your spouse receives one-half of community property and one-third of your separate property. The rest goes to your children. Under NRS 134.040 and 134.050, the split depends on the specific family structure.
It depends on how the house is titled and whether it is community or separate property. If the house is community property and you have no children from a prior relationship, your spouse inherits your share. If the house is separate property, your spouse may only receive a one-third interest, with the rest going to your children. In some cases, the house must be sold to satisfy the distribution formula.
To some degree, yes. Assets with beneficiary designations (retirement accounts, life insurance), jointly titled property, and assets held in a trust all pass outside of probate regardless of whether you have a will. However, any asset owned solely in your name without a beneficiary designation will go through probate under intestacy rules if there is no will.
Nevada law decides. Under NRS Chapter 134, assets are distributed according to a statutory formula based on your surviving family members. A judge does not have discretion to change the formula based on your family's circumstances. The distribution follows the statutory hierarchy regardless of your relationships or intentions.
An unmarried partner receives nothing under Nevada's intestacy laws, regardless of how long you have been together. Nevada does not recognize common law marriage. If you want your partner to inherit anything, you must name them in a will, trust, or beneficiary designation. Without one, your assets go to your blood relatives.
Intestacy is the plan the state makes for you when you fail to make one yourself. It rarely matches what you would have chosen. The attorneys at Jeffrey Burr Law Firm can help you create an estate plan that puts you in control of who inherits your assets, who manages your estate, and who raises your children. With 2 offices around Las Vegas and servicing the whole Valley, contact the team at Jeffrey Burr today to schedule your free consultation.
This page is for general informational purposes only and does not constitute legal advice. Nevada law cited includes NRS Chapter 134 (intestate succession), NRS 134.040-134.050 (distribution to spouse and children), NRS 139.040 (administrator appointment), and NRS 142.020 (bond requirements). Laws change; consult a licensed Nevada attorney for advice specific to your situation.
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