When a Nevada resident passes away without a will — what the law calls dying “intestate” — their estate doesn’t simply go to the closest family member. Instead, Nevada’s intestate succession statutes determine who inherits, how much they receive, and what process the estate must go through.
For families in Las Vegas, Pahrump, and throughout Southern Nevada, understanding these rules can mean the difference between a smooth estate transition and a prolonged, costly legal dispute.
Nevada’s Intestate Succession Framework
Nevada Revised Statutes Chapter 134 governs the distribution of property when a person dies without a valid will. The rules are specific, and they often produce outcomes that surprise grieving families.
When a decedent was married at the time of their death, the first critical distinction is between community property and separate property. Nevada is a community property state, which means any assets acquired during a marriage are generally considered jointly owned by both spouses — regardless of whose name is on the account or title.
Community Property
When someone dies intestate in Nevada, their share of community property typically passes entirely to the surviving spouse. This is often the simplest part of intestate distribution, but complications arise when there are questions about whether specific assets are truly community property or separate property.
Assets owned before the marriage, inherited during the marriage, or received as gifts are generally classified as separate property — and those follow different distribution rules.
Separate Property
Nevada’s intestate succession rules for separate property depend on which surviving family members exist:
If there is a surviving spouse and one child (or descendants of one deceased child): The separate property is divided equally between the surviving spouse and the child.
If there is a surviving spouse and more than one child: The surviving spouse receives one-third of the separate property, and the remaining two-thirds is divided equally among the children.
If there is a surviving spouse but no children: The surviving spouse inherits all separate property.
If there are children but no surviving spouse: The children inherit everything equally.
If there is no surviving spouse and no children: The estate passes to the decedent’s parents. If neither parent is living, it passes to siblings, then to more distant relatives in the order defined by statute.
These rules apply mechanically. The court does not consider what the deceased person may have wanted, what promises were made to family members, or what seems fair given the circumstances. Without a will, the statute controls.
Common Situations That Create Problems
Blended Families
Nevada’s intestate rules can produce difficult outcomes in blended families. If a person has children from a prior relationship and dies without a will, those children have the same inheritance rights as children from the current marriage. This can result in a surviving spouse receiving only one-third of the deceased person’s separate property — including, potentially, equity in the family home.
Unmarried Partners
Nevada’s intestate succession laws do not recognize unmarried domestic partners for inheritance purposes (with limited exceptions for registered domestic partners). A long-term partner who is not legally married to the deceased has no statutory right to inherit — regardless of how long the relationship lasted or how intertwined their financial lives were.
Estranged Family Members
Without a will, there is no mechanism to exclude family members from inheriting. An estranged child, a sibling the deceased hadn’t spoken to in decades, or a parent who was absent from the person’s life can all have valid claims under intestate succession — as long as they fall within the statutory order of distribution.
Out-of-State Property
Families are sometimes surprised to learn that real property located outside Nevada may be governed by the intestate laws of the state where the property is situated — not Nevada’s rules. This means a single estate can be subject to multiple probate proceedings in multiple states, each applying different distribution rules.
The Probate Process for Intestate Estates
Whether someone dies with a will or without one, the estate typically goes through some form of probate — the court-supervised process of identifying assets, paying debts and taxes, and distributing remaining property to heirs.
For intestate estates in Nevada, the process generally involves:
Petition for appointment of an administrator. Without a will naming an executor, someone — usually a surviving spouse or adult child — must petition the court to be appointed as the estate’s administrator. The court has statutory preferences for who may serve in this role.
Inventory and appraisal of assets. The administrator must identify and value all estate assets, which may require formal appraisals for real property, business interests, or other non-liquid assets.
Notice to creditors. Nevada law requires the administrator to notify known creditors and publish a general notice. Creditors then have a statutory period to file claims against the estate.
Distribution. After debts and administrative expenses are paid, remaining assets are distributed to heirs according to the intestate succession rules described above.
In Clark County and Nye County, this process typically takes a minimum of four to six months for straightforward estates. Contested matters, complex asset structures, or disputes among potential heirs can extend the timeline well beyond a year.
Small Estate Alternatives
Nevada law does provide simplified procedures for qualifying smaller estates. Under NRS 146.080, certain estates may be able to use an affidavit process to transfer assets without opening a full probate case. However, specific value thresholds and statutory requirements must be met, and real property is generally subject to separate provisions.
Whether an estate qualifies for a simplified procedure depends on the types and values of assets involved. An attorney can help determine which process is appropriate.
How Estate Planning Prevents These Problems
Every issue described in this article is preventable with a basic estate plan. At minimum, a properly drafted will allows a person to:
Decide who receives their property — rather than leaving it to statute. Name a personal representative to manage their estate — rather than leaving it to the court’s discretion. Provide for an unmarried partner, stepchildren, or other people outside the statutory order. Exclude individuals they do not wish to inherit. Simplify the probate process and potentially reduce costs for their family.
For families looking for more comprehensive planning, a revocable living trust can avoid the probate process entirely for assets held in the trust, provide privacy that probate does not offer, and create structured distributions for minor children or beneficiaries who need additional protection.
Serving Families Across Southern Nevada
JK Nelson Law handles probate, estate administration, and estate planning for families throughout Clark County and Nye County — including Las Vegas, Summerlin, and Pahrump. With four staffed offices across Southern Nevada, we work with families at every stage of the process, whether they’re planning ahead or navigating a loss.
If your family is dealing with a probate matter or you want to put an estate plan in place, contact our team to schedule a consultation.
JK Nelson Law
Pahrump: 41 N Hwy 160, Ste 8 | 775-727-9900
Cimarron (SW Las Vegas) | Sun City (Summerlin) | Downtown Las Vegas (509 S. 6th St.)
This article is for educational purposes and provides general information about Nevada law. It does not constitute legal advice and should not be relied upon as a substitute for consultation with a qualified attorney regarding your specific circumstances. Laws and procedures are subject to change.
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