The following are excerpts from Nevada’s intestacy laws. Please reference the full body of the Nevada Revised Statutes at the Nevada Legislature’s site for any changes to those laws that may not be reflected below.
You can also open the Nevada Intestacy Evaluator™ to see the distribution of a Nevada intestate estate based upon unique family and financial circumstances.
134.030. Descent and distribution
If a decedent dies intestate and has title to any estate which is the separate property of the decedent and which is not otherwise limited by contract, the estate descends and must be distributed, subject to the payment of the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.
134.040. Surviving spouse and issue
1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child.
2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.
134.050. Surviving spouse and no issue; no surviving spouse or issue but parent
1. If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to one parent of the decedent and one-fourth to the other parent of the decedent, if both are living. If both parents are not living, one-half to the parent then living.
2. If the decedent leaves no issue or parent, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent.
3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to one parent of the decedent and one-half to the other parent of the decedent, if both are living. If both parents are not living, the whole estate goes to the parent then living.
4. If the decedent leaves no issue, parent, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse.
134.060. No issue, surviving spouse or parent but sibling
If there is no issue, surviving spouse or parent, then the estate goes in equal shares to the brothers and sisters of the decedent and to the lawful issue of any deceased brother or sister by right of representation as follows:
1. To the brothers and sisters, each a share; and
2. To the lawful issue of each deceased brother and sister, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent.
134.070. No issue, surviving spouse or immediate family
If the decedent leaves no issue, surviving spouse, parent, brother or sister living at the time of death, the estate goes to the next of kin in equal degree, except that if there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors are preferred to those who claim through ancestors more remote.
134.080. Unmarried minor decedent without issue or sibling but issue of sibling
At the death of a child who is under age, who is without issue and who has not been married, all the other children of the parent being also dead, if any of the other children left issue, the estate that came to the child by inheritance from the parent descends to all the issue of the other children of the same parent, and if all the issue are in the same degree of kindred to the child, they are entitled to share the estate equally; otherwise, they are entitled to take according to the right of representation.
134.085. Unmarried minor decedent without issue but sibling or issue of sibling
If any person dies leaving several children, or leaving a child and issue of one or more children, and any such surviving child dies under age, without issue and not having been married, all the estate that came to the deceased child by inheritance from the deceased parent descends in equal shares to the other children of the same parent, and to the issue of any other children of the same parent who may have died, by right of representation.
134.090. No surviving spouse but issue
If the decedent leaves no surviving spouse, but there is a child or children, the estate, if there is only one child, all goes to that child. If there is more than one child, the estate goes to all the children of the decedent, to share and share alike.
134.100. No surviving spouse but issue and children of issue
If the decedent leaves no surviving spouse, but there is a child or children and the lawful issue of a child or children, the estate goes to the child or children and lawful issue of the child or children by right of representation as follows: To the child or children, each a share and to the lawful issue of each deceased child, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent.
134.110. No surviving spouse or issue but children of issue
If the decedent leaves no surviving spouse, or child or children, but there is the lawful issue of a child or children, all the estate descends and must be distributed to the lawful issue of the child or children by right of representation, and this rule applies to the lawful issue of all such children, and to the lawful issue ad infinitum.
134.120. Escheat
If the decedent leaves no surviving spouse or kindred, the estate escheats to the State for educational purposes.
134.150. Degree of kindred
The degrees of kindred shall be computed according to the rules of the civil law.
134.160. Kindred of half blood
Kindred of the half blood inherit equally with those of the whole blood in the same degree.
134.190. Adopted child
An adopted child and his or her adoptive parents or their relatives shall inherit as provided in NRS 127.160.
134.210. Vesting of estate if both spouses die intestate
Whenever one spouse dies intestate, leaving heirs, if the other spouse dies intestate after the first spouse, without heirs, leaving property, the estate of the second spouse to die vests in the heirs of the first spouse to die, subject to expenses of administration and payment of legal debts against the estate.
123.220. Community property defined
All property, other than that stated in NRS 123.130, acquired after marriage by either spouse or both spouses, is community property unless otherwise provided by:
1. An agreement in writing between the spouses.
2. A decree of separate maintenance issued by a court of competent jurisdiction.
3. NRS 123.190.
4. A decree issued or agreement in writing entered pursuant to NRS 123.259.
123.225. Interests of each spouse in community property are present, existing and equal interests
1. The respective interests of each spouse in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230.
2. The provisions of this section apply to all community property, whether the community property was acquired before, on or after March 26, 1959.
123.250. Ownership of survivor upon death of spouse; disposal by will of decedent
1. Except as otherwise provided in subsection 2, upon the death of either spouse:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest:
(1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and
(2) Is the only portion subject to administration under the provisions of title 12 of NRS.
2. The provisions of this section:
(a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.