Nevada Small Estate Affidavit

Nevada Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Nevada — exactly who inherits under Nevada’s intestate-succession law, and what surprises families most. All shares are from Nevada statute, verified as of June 2026.

Who Inherits When There Is No Will in Nevada

Here is exactly how Nevada divides an estate when there is no will:

If the person leaves… Who inherits in Nevada
Spouse, no children The surviving spouse receives ALL community property automatically (NRS 123.250). For separate property: if both parents of the decedent are living, the spouse receives 1/2 and each parent receives 1/4 (NRS 134.050). If only one parent is living, the spouse receives 1/2 and the surviving parent receives 1/2. If no parents survive but siblings do, the spouse receives 1/2 and siblings share the other 1/2 equally. If no parents, siblings, or issue of siblings survive, the spouse receives ALL separate property (NRS 134.050(4)).
Spouse + shared children ALL community property goes to the surviving spouse (NRS 123.250). For separate property: if there is 1 child, the spouse receives 1/2 and the child receives 1/2. If there are 2 or more children, the spouse receives 1/3 and the children share 2/3 equally (NRS 134.040). Nevada does NOT distinguish between shared children and stepchildren — the statute refers only to “issue of the decedent” regardless of who the other parent is.
Spouse + children from another relationship The shares are the same as with shared children — Nevada’s statute makes no distinction. With 1 child from another relationship: spouse gets 1/2 of separate property, child gets 1/2. With 2 or more children from another relationship: spouse gets 1/3, children share 2/3. All community property still passes entirely to the surviving spouse (NRS 123.250, NRS 134.040).
Children, no spouse Children inherit the entire estate in equal shares (NRS 134.090). If a child predeceased the decedent but left descendants, those descendants take the deceased child’s share by right of representation (NRS 134.100). If no children survive but grandchildren or more remote descendants do, they take by right of representation “ad infinitum” (NRS 134.110).
No spouse, no children First to both parents equally (1/2 each), or all to one surviving parent if only one is living (NRS 134.050(3)). If no parents survive, to brothers and sisters in equal shares, with issue of deceased siblings taking by right of representation (NRS 134.060). If no siblings or their issue survive, to next of kin in equal degree; when collateral kindred in equal degree claim through different ancestors, those claiming through the nearest ancestor are preferred (NRS 134.070).
No living relatives (escheat) If the decedent leaves no surviving spouse and no kindred of any degree, the estate escheats to the State of Nevada for educational purposes (NRS 134.120).

These shares come from Nevada intestate-succession law (NRS Chapter 134 (intestate succession of separate property); NRS 123.250 (community property on death). Nevada is a community property state — NRS 134.010 confirms Chapter 134 applies only to the decedent’s separate property. All community property passes to the surviving spouse under NRS 123.250 (the survivor already owns 1/2, and the decedent’s 1/2 passes entirely to the survivor if intestate).).

How Nevada divides shares among descendants: Nevada uses “by right of representation,” which functions as per stirpes. Descendants of a predeceased heir step into that heir’s share and divide it among themselves (NRS 134.040, 134.060, 134.100, 134.110).

Nevada homestead and family allowance: Under NRS 146.010, the surviving spouse and/or minor children may remain in possession of the homestead, all wearing apparel, household furniture, and provisions, plus a reasonable provision for support as allowed by the court. Under NRS 146.050, if a homestead was selected and recorded during marriage under NRS Chapter 115, it vests absolutely in the surviving spouse upon death.

The homestead exemption protects up to 605000 in equity from creditors (NRS 115.010). The family allowance is paid in preference to all charges except funeral expenses, last-illness expenses, and administration costs.

Half-blood relatives in Nevada: Kindred of the half blood inherit equally with those of the whole blood in the same degree. Exception: if the inheritance came to the decedent by descent or devise from an ancestor, those who are not of the blood of that ancestor are excluded from inheriting that property (NRS 134.160).

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Assets That Pass Outside Nevada Intestate Rules

Assets with a named beneficiary (life insurance, retirement accounts, payable-on-death accounts), property held in joint tenancy with right of survivorship, assets in a living trust, and community property with right of survivorship all pass outside Nevada’s intestate succession rules and are not governed by NRS Chapter 134.

Other Nevada intestacy rules: Nevada is a community property state — this is the most significant unique feature. Under NRS 123.250, the surviving spouse’s 1/2 of community property is their sole separate property, and the decedent’s 1/2 passes entirely to the surviving spouse if there is no will. NRS Chapter 134 governs only the decedent’s separate property. Nevada uses pure fractional shares with no flat-dollar thresholds (unlike some UPC states).

Premarital agreements under NRS Chapter 123A override intestacy rules (NRS 134.005). Estates valued under 100000 may qualify for a simplified Petition to Set Aside Without Administration. NRS 134.080 contains a special rule for unmarried minor decedents without issue — property inherited from a parent descends to all issue of the other children of that same parent.

What Dying Without a Will in Nevada Really Means

When someone dies without a will in Nevada, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Nevada divides an estate when someone is dying without a will in Nevada, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Nevada helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Nevada depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Nevada, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Nevada Sources & Resources

This Nevada intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Nevada Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.