Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
When someone dies without a valid will in Nevada, their property passes by intestate succession. Nevada’s intestacy statute, NRS 134.010, dictates who inherits and in what proportions: NRS 134.010. Under that rule:
- If the decedent leaves a surviving spouse and no descendants, the spouse inherits 100%.
- If the decedent leaves a surviving spouse and one or more descendants, the spouse inherits one-half and the descendants split the remainder.
- If there’s no spouse, all property passes to descendants; if none, to parents; if none, to more remote relatives.
Nevada law does not offer heirs or a surviving spouse the option to swap their statutory share for a life estate in the real property of the decedent. Instead, a surviving spouse may claim separate allowances in addition to—or in priority over—the intestate share:
- Homestead Allowance (up to $550,000 in your principal residence): NRS 115.010.
- Exempt Personal Property (household furniture, appliances, vehicles, heirlooms, etc.): NRS 138.070.
- Family Allowance (monthly support for spouse and minor children during probate): NRS 138.040.
None of these allowances convert into a life estate in real property. If you prefer a life estate interest, you must negotiate a property transfer or settlement agreement with the other heirs, who must all agree to deed the life estate to you outside the statutory probate process.
Because probate and property rights can be complex, consider consulting a probate attorney in your county. They can explain whether a family settlement agreement or other arrangement makes sense in your case.
Helpful Hints
- Review the timeline for filing probate documents—missing deadlines can affect your rights.
- Gather asset information early: deeds, bank statements, and titles.
- Understand that homestead and family allowances are separate from intestate shares.
- Discuss potential agreements with co-heirs before probate to streamline the process.
- Keep copies of all filings and communications during probate.