PROBATE
What happens to real estate if there is no will?
By Steve Lockhart
The short answer
Dying without a will does not avoid probate; it assigns the same process a different rulebook. Nevada's intestate succession statutes answer the inheritance question when no will exists, and the answers follow family lines.
Full answer
Dying without a will does not avoid probate; it assigns the same process a different rulebook. Nevada's intestate succession statutes answer the inheritance question when no will exists, and the answers follow family lines. A surviving spouse ranks first, and how much passes to the spouse versus the children depends on how many children there are, whether they are the spouse's children, and whether the property is community or separate.
Nevada is a community property state, so the source of the house matters. A home bought during the marriage is community property, and its treatment follows the community property rules. A home owned before the marriage, or received by gift or inheritance, is separate property and descends under a different set of shares. This is precisely the kind of detail that needs an attorney's review, because the label changes the outcome.
The people involved change too. An heir does not automatically become the person in charge. The court appoints an administrator, generally choosing from the same family line that inherits: the surviving spouse first, then children, then parents and siblings. The administrator then runs the estate like any personal representative, which means the house still gets inventoried and appraised, debts still get paid, and the home either goes to the heirs in kind or is sold and the proceeds distributed. The biggest risk for families here is assumptions, and the antidote is the same as always: verify the title, verify the family structure, and let the law and the numbers do the talking.
A note about legal guidance: Steve is a licensed Realtor, not an attorney or a tax advisor. Probate, estate, and related tax questions involve Nevada law and IRS rules, and the specifics of your situation deserve a review with a probate attorney and a CPA who know your case.
Go a little deeper
Frequently asked
Questions people often follow up on
Does the house go to the surviving spouse automatically?
Not automatically, no. Nevada's intestacy rules give the spouse a substantial share, often but not always all of it, depending on how the property is classified and who else survives. The title still needs the estate process to move it.
Who decides who inherits without a will?
Nevada statute decides, through the intestate succession rules, based on the surviving family relationships. No one person chooses; the law and the family tree determine the shares.
Can children inherit the family home?
Yes. When a person dies without a will, children inherit according to the statutory shares, and if they agree, the home can be held together, or sold and the proceeds divided. One child cannot unilaterally take the house.
The Lockhart Method
The Lockhart Method
Your Home | My Strategy | Proven Results
My strategy: map the family tree and the title at the same time. Without a will, the inheritance shares are set by law and the home strategy has to serve all the people the law names, so we value the house, lay out the options, and help the family decide together instead of assuming.
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