FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When a person dies without a valid will in Nevada, the state’s intestate succession laws determine who inherits the estate. Nevada Revised Statutes (NRS) Chapter 134 governs this process. To identify the heirs of your father’s intestate estate, follow these steps:

1. Confirm Intestate Status
   Ensure your father did not leave a valid will. If no will exists, the estate is intestate and NRS Chapter 134 applies. NRS Chapter 134.
2. Separate vs. Community Property
   Nevada is a community property state. A surviving spouse automatically owns half of all community property outside probate. Intestate proceedings focus on your father’s separate property. See NRS 134.010.
3. Identify Priority Heirs
   Nevada sets a strict order of priority:
   • Spouse and descendants (children, grandchildren): Under NRS 134.020, if your father is survived by a spouse and one or more children who are also the spouse’s children, the spouse takes one-half of the separate property and the descendants share the rest equally.
   • Descendants only: If no surviving spouse exists, all separate property passes equally to the children or their descendants by representation (NRS 134.030).
   • No spouse or descendants: Parents inherit equally (NRS 134.040).
   • No parents: Siblings and their descendants inherit (NRS 134.050).
   • No closer kin: More remote relatives inherit under NRS 134.060. If no heirs exist, the estate escheats to the State of Nevada.
4. Gather Documentation
   Collect certified death certificate, marriage certificates, birth certificates, adoption records and any court orders affecting family relationships. These documents prove each heir’s status under NRS Chapter 134.
5. Petition the Probate Court
   File a petition for probate in the county where your father lived. The court will verify the heir list, allow creditors to file claims, and approve the final distribution. See NRS Chapter 145 on probate procedure.

Helpful Hints

• Use a family tree diagram to map relationships clearly.
• Include adopted children; Nevada treats them as biological heirs.
• Check for predeceased children: their share may pass to grandchildren by representation.
• Consult the probate clerk’s office for local filing requirements.
• Consider a genealogist if the family history is complex.
• Review NRS updates online to ensure the statutes haven’t changed.