Detailed Answer
When a person dies without a valid will (“intestate”) in Nevada and leaves no surviving spouse but has three children, state law directs distribution entirely to the decedent’s descendants. Under NRS 134.040, a decedent’s estate passes to descendants by representation (per stirpes). In practice, the estate’s assets are divided into as many equal shares as there are surviving children and the lines of any deceased child. Each surviving child receives one share. If a child predeceased the decedent but left descendants, that line takes the share the child would have received.
Before distribution, the court appoints a personal representative to manage the probate process under NRS Chapter 138. The representative collects assets, pays creditors and taxes, and then distributes the remaining property to the heirs.
Key Statutes: NRS 134.040 (Distribution if no surviving spouse), NRS 138.010 (Appointment of personal representative).
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- File a petition for administration promptly to avoid delays in asset distribution.
- Gather all asset and debt documentation before meeting the probate court.
- Consider potential tax implications when distributing the estate.
- Prepare for possible disputes between heirs and know that per stirpes distribution may affect grandchildren.
- Consult a qualified Nevada attorney for personalized guidance.