Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a valid will (intestate) in Nevada, the state’s intestate succession statutes dictate how to distribute the estate. Nevada Revised Statutes (NRS) Chapter 134 governs these rules. If the decedent left no surviving spouse but did leave descendants (known as “issue”), the entire estate passes to those descendants by representation.
Under NRS 134.050: “If the decedent leaves no surviving spouse, but leaves issue, the entire intestate estate goes to the issue by representation.”
NRS 134.050
“By representation” means Nevada uses a per capita with representation approach. In plain terms:
- Each branch of the family at the first generation with surviving members receives an equal share.
- That share is then divided equally among living members of that branch.
Application: No Spouse, Two Children
In the scenario where the decedent died with no spouse and two surviving children:
- The entire estate goes to the issue (the two children).
- Since both children are in the same generation and both survive, Nevada divides the estate equally between them.
- Each child receives a 50% undivided interest in the remaining estate, after debts and administration expenses.
Hypothetical Example: If the estate’s net value is $200,000, each child would inherit $100,000.
Key Steps in the Intestate Process
- Appointment of Personal Representative: The court names someone (often a child or other close relative) under NRS 143.020.
- Inventory and Appraisal: Assets get inventoried and valued.
- Notice to Creditors and Settlement of Debts: Creditors get notice; valid claims get paid.
- Distribution of Remaining Assets: After expenses and allowances, distribute to heirs per NRS 134.
Helpful Hints
- Gather Documents Early: Locate bank statements, deeds, and titles to value assets quickly.
- Understand Homestead and Family Allowances: Children may qualify for temporary support during administration.
- Keep Accurate Records: Track all estate income, expenses and distributions to avoid disputes.
- Consider Probate Alternatives: Small estates may qualify for simplified procedures under NRS 145.
- Consult a Probate Attorney: An attorney can guide you through filings, deadlines and statutory requirements.