Detailed Answer
This section explains how Nevada law distributes a decedent’s estate among children when there is no valid will. It covers who counts as a child for inheritance purposes, how shares are divided, and what happens when a child dies before the parent. This information is educational only and not legal advice. For case-specific guidance, consult a Nevada probate attorney.
Who inherits when a person dies intestate (without a will)?
Nevada follows a statutory order of descent and distribution for intestate estates. When the decedent is survived by children and has no valid will, the estate passes to the decedent’s descendants (the children and their descendants). The governing Nevada statutes on descent and distribution are collected in Nevada Revised Statutes (NRS) Chapter 134: NRS Chapter 134 — Descent and Distribution.
Equal shares among surviving children
If the decedent is survived by two or more children and none of those children predeceased the decedent, the estate is generally divided equally among the surviving children. For example, if a parent dies survived by three children and no spouse, each child typically receives one-third of the probate estate.
What happens if a child predeceased the parent?
If a child dies before the decedent but leaves descendants (for example, the decedent’s grandchildren), Nevada generally allows those descendants to take the deceased child’s share by representation. In common terms, the share that would have belonged to the deceased child passes to that child’s own descendants and is split equally among them. This method of distribution is often called “by representation” or “per stirpes.” The relevant principles are set out in NRS chapter 134: NRS Chapter 134.
Adopted children, biological children and treatment of stepchildren
Generally, adopted children are treated the same as biological children for purposes of intestate succession under Nevada law. Stepchildren who were never legally adopted do not inherit as children under intestacy rules. If there are questions about whether a particular child is legally recognized (for example, in complex adoption or guardianship situations), you should review the specific facts and the statutes or speak with a probate attorney.
Posthumous children and children conceived before death
Children born after the decedent’s death (posthumous children) can inherit under intestacy if Nevada law recognizes them as descendants of the decedent. Whether a posthumous child qualifies may depend on whether conception occurred prior to death and on statutory time limits; these are fact-specific issues addressed by statute and case law in NRS and by the courts. For statutory language and any timing rules, see NRS Chapter 134 and consult a probate attorney about how the statute applies to your situation.
What if there are no surviving children?
If the decedent leaves no descendants, Nevada’s intestacy rules provide an order of relatives (spouse, parents, siblings, more remote relatives) who may inherit. See NRS Chapter 134 for the full order of distribution: NRS Chapter 134. If estate administration involves complex family relationships or disputes, a probate attorney can help identify who legally inherits.
Practical probate consequences
- Probate estate vs. nonprobate assets: Only assets that pass through probate are distributed under intestacy rules. Accounts with payable-on-death designations, joint tenancy assets, or assets in trust pass outside probate.
- Administrator appointment: When someone dies intestate, the court appoints an administrator to handle probate administration. Potential administrators are usually nominated in a statutory priority order and may include children. See local court procedures and NRS for details.
- Disputes: If heirs disagree about shares, paternity, adoption status, or the existence of descendants, the probate court resolves those issues. Expect delays and added cost when disputes arise.
Helpful Hints
- Collect documents early: birth certificates, adoption decrees, marriage certificates, death certificates, and any estate planning documents help establish who qualifies as an heir.
- Check beneficiary designations: Retirement accounts, life insurance, and TOD/POD accounts typically bypass probate and are distributed according to their beneficiary designations.
- Consider DNA issues: If paternity or maternity is unclear and inheritance depends on biological relationship, courts may order genetic testing.
- Seek probate guidance: Contact the local probate clerk or review Nevada Courts’ probate resources for forms and procedural guidance: Nevada Courts — Probate Self-Help.
- Consult an attorney for complex matters: Adoption questions, posthumous children, blended families, and contested inheritances often require legal advice to navigate correctly.