The Estate Planning Guide Est. 2026

What Happens If You Die Without a Will in Nevada?

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 3, 2026 7 min read

Quick answer

Nevada is a community-property state, so a surviving spouse already owns half of the couple's community property and automatically keeps the decedent's half of it on intestacy — chapter 134's succession rules apply only to the decedent's separate property. On that separate property, a spouse with one child splits it 1/2–1/2, and a spouse with two or more children takes 1/3 while the children share 2/3.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Nevada with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

How intestacy works in Nevada

When someone dies in Nevada without a valid will, Nev. Rev. Stat. §134.010 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.

Nevada is a community property state. Under Nev. Rev. Stat. §123.250, on the death of a spouse the survivor already owns 1/2 of the community property outright, and the decedent's 1/2 of community property passes to the surviving spouse when there is no will — so the spouse ends up with 100% of community property. Chapter 134's intestacy shares apply ONLY to the decedent's separate property (Nev. Rev. Stat. §134.010).

What happens when there’s a surviving spouse only (no children, no parents)

If there is no issue, no parent, and no brother or sister, the surviving spouse inherits the decedent's entire separate estate (Nev. Rev. Stat. §134.050).

What happens when there’s a surviving spouse and children

This is the most common situation and where Nevada’s rules get specific:

Community property: the decedent's 1/2 of community property vests in the surviving spouse, so the spouse keeps 100% of community property. Separate property: with one child (or the issue of one deceased child), the estate goes 1/2 to the spouse and 1/2 to the child; with two or more children (or a child plus issue of a deceased child), 1/3 goes to the spouse and 2/3 to the children in equal shares, by right of representation (Nev. Rev. Stat. §134.040).

For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.

What happens when there’s a surviving spouse and parents (no children)

Separate property, no issue: 1/2 to the surviving spouse; the other 1/2 goes to the decedent's parents — 1/4 to each parent, or the full 1/2 to a single surviving parent (Nev. Rev. Stat. §134.050).

What happens when there are children but no spouse

The entire estate passes to the decedent's children in equal shares; a deceased child's share passes to that child's issue by right of representation (Nev. Rev. Stat. §134.070).

What happens when there’s no spouse and no children

For separate property with no issue: after spouse and parents, the order runs to siblings and their issue, then to more remote kindred (grandparents, aunts/uncles, cousins). If no spouse, issue, or parent survives, the estate goes to siblings; and if no kindred can be found, it ultimately escheats to the State of Nevada (Nev. Rev. Stat. §134.120).

This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.

A Nevada-specific quirk

Nevada's community-property rule means the spouse-vs-children fractions in §134.040 bite only on separate property; a couple's home and savings acquired during marriage typically pass entirely to the surviving spouse regardless of those fractions.

What intestacy can’t do (and why it usually fails most people)

Even when Nevada’s intestacy rules produce a result close to what someone would have chosen, the rules can never:

  • Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
  • Leave anything to a step-child you didn’t formally adopt
  • Leave anything to a friend, charity, or specific person outside your family
  • Name a guardian for your minor children — a Nevada judge picks
  • Specify who handles your estate — a court appoints an administrator
  • Identify specific items for specific people
  • Account for blended-family dynamics in nuanced ways
  • Reduce probate costs and time — intestate estates still go through full probate

For most Nevada families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.

What probate looks like in Nevada when there’s no will

If someone dies intestate in Nevada, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:

  1. Inventory the estate’s assets
  2. Notify creditors and pay debts
  3. Identify legal heirs under Nevada’s intestacy statute
  4. Distribute remaining assets to heirs according to the statute

For details on what probate costs and how long it takes in Nevada, see:

What to do this week if you don’t have a will

The most useful single move for any Nevada adult without a will:

  1. Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
  2. Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
  3. Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.

For a Nevada family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.

What happens without a will in other states

Intestacy rules differ from state to state — here’s what happens when someone dies without a will elsewhere:

This page explains Nevada intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Nevada attorney before relying on this page. Sources: Nev. Rev. Stat. §134.010 (application to separate property), Nev. Rev. Stat. §134.040 (surviving spouse and issue), Nev. Rev. Stat. §134.050 (surviving spouse and no issue; parents), Nev. Rev. Stat. §123.250 (community property on death).

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