Detailed Answer
When someone dies without a valid will in Nevada, their property transfers under the state’s intestacy laws (NRS Chapter 134). An interested party must petition the local probate court to appoint an administrator. The administrator collects assets, pays debts and distributes the remainder to heirs.
1. Community property
Nevada is a community property state. Assets acquired during marriage pass entirely to the surviving spouse.
2. Separate property
Separate property passes according to NRS 134.020–134.050:
- Surviving spouse + common descendants: Spouse inherits one-half; descendants share the other half (NRS 134.020).
- Surviving spouse + non-common descendants: Spouse inherits one-half; all descendants share one-half (NRS 134.020).
- No surviving spouse: Descendants inherit equally (NRS 134.030). If no descendants, parents inherit (NRS 134.040). If no parents, siblings or their descendants inherit (NRS 134.050).
- No heirs: Estate escheats to the state (NRS 134.130).
The probate court oversees distribution and issues the final order. This process ensures the estate transfers according to statutory rules.
Helpful Hints
- Locate certified copies of the death certificate and, if married, the marriage certificate.
- Identify all potential heirs: spouse, children, parents or siblings.
- Gather proof of relationships: birth certificates or adoption records.
- Compile an inventory of property and estimated values.
- Review county probate court procedures for appointing an administrator.
- Consider a small estate affidavit if the estate’s value falls below the statutory threshold (see NRS 146.070).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice tailored to your situation.