PROBATE

What is intestate succession in Nevada?

By Steve Lockhart

The short answer

When a Nevada resident dies without a will, the phrase that governs is intestate succession, and it is a set of statutes, not a judgment call by the family.

Full answer

When a Nevada resident dies without a will, the phrase that governs is intestate succession, and it is a set of statutes, not a judgment call by the family. NRS Chapter 134 lays out the order: a surviving spouse and children come first, parents and siblings next, and more distant relatives after that. The shares are fixed percentages, and they change based on how many people survive and how the property came to be owned.

Classification comes before distribution. Nevada divides what a person owned into community property and separate property. A home purchased during the marriage with earned income is community property, and the surviving spouse's interest in it is strong. A home owned before marriage, or inherited, is separate property, and it descends under a different table of shares. An attorney reviews this classification because it can change who receives the house entirely.

Practically, intestate succession means the estate runs exactly like a will-based probate, with one difference: the rulebook. The court appoints an administrator, the estate is inventoried and appraised, debts and taxes are paid, and the remaining assets, including the house or its sale proceeds, go to the heirs in the statutory shares. If the heirs agree, the house can stay in the family, jointly or passed to one branch through a buyout. If they do not agree, it sells and the shares become cash. The law does not punish a family for missing a will; it provides a default, and the family still chooses what to do with the home.

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

What is the difference between community and separate property?

Community property is generally what a married couple acquires during the marriage; separate property is what either spouse owned before, or received by gift or inheritance. The label changes how the house descends without a will.

Can the family override intestate succession?

The statutes set the default shares, but the heirs can often agree to a different practical arrangement, such as one heir buying out the others, as long as everyone entitled receives fair value and the court approves the distribution.

What if the only family is a distant cousin?

Nevada's rules continue down the family tree to parents, siblings, and more distant kindred. If no kin qualifies, the estate can escheat to the state, though a probate attorney is the right person to confirm that.

The Lockhart Method

Your Home | My Strategy | Proven Results

My strategy: get the classification and the family picture on one page before the house is discussed. Once we know whose shares the law protects and how the title is held, the home strategy, sell, keep, or buy out, becomes an arithmetic conversation instead of an emotional free-for-all.

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