The state of Nevada has a strong policy interest in protecting the surviving spouse and minor children of a decedent. Nevada law has a special provision that provides protection for a surviving spouse and/or minor children where estate assets are less than $100,000. NRS 146.070 provides:
This statute permits the entire estate to be set aside and distributed to the surviving spouse and/or minor children for their support. Further, if the court deems it just, the funds can pass to the surviving spouse and/or minor children prior to creditors being paid and regardless of how the funds are distributed pursuant to the decedent’s will.
One of the reasons for this Nevada law is to make sure that if a deceased leaves a small estate and a surviving spouse or minor children, the funds may be used to support the decedent’s survivors and avoid the need for state aid. Feel free to contact our office should you have any questions about transferring a small estate to a surviving spouse or minor children.
Attorney – Corey J. Schmutz