Detailed Answer
Under Nevada law, the wrongful death statutes (NRS 41.080–41.100) govern who may sue and how proceeds must be distributed. When a court awards damages, it awards them to the decedent’s personal representative. That representative then distributes the funds according to Nevada Revised Statutes (NRS) 41.085.
1. Appointment of Personal Representative
Before any distribution, you must appoint a personal representative. If the decedent had a will, the court usually appoints the executor named in that will. If there is no will, the court appoints an administrator under NRS 147.
2. Statutory Priority of Beneficiaries
Once appointed, the personal representative follows NRS 41.085 to allocate proceeds:
- Surviving Spouse Only (No Children): The spouse receives 100% of the proceeds.
- Spouse and Children: The spouse receives one-third; the remaining two-thirds split equally among the decedent’s children.
- Children Only (No Spouse): All proceeds divide equally among the decedent’s children.
- No Spouse or Children: Proceeds go to the decedent’s parents equally. If no parents survive, siblings share equally.
For full statutory language, see NRS 41.085.
3. Distributing the Proceeds
Follow these steps to distribute funds:
- Collect and verify all potential beneficiaries (spouse, children, parents).
- Obtain court approval of the personal representative’s final accounting and proposed distribution plan.
- Send written notices of distribution to each beneficiary at their last known address.
- Disburse funds by check or wire transfer, keeping records of each payment.
4. Handling Complex Situations
If a beneficiary predeceased the decedent but left descendants, those descendants may inherit their parent’s share by right of representation (per stirpes). If disputes arise—such as competing claims or questions about parentage—the personal representative may petition the court for guidance or to hold a hearing.
Disclaimer: This article does not provide legal advice. It offers general information under Nevada law. Consult a licensed attorney to address your specific circumstances.
Helpful Hints
- Verify the personal representative’s appointment before making any distributions.
- Use certified mail or tracked delivery when notifying beneficiaries.
- Keep meticulous records of notices sent and funds disbursed.
- Consult a probate attorney if beneficiaries challenge the distribution plan.
- Review NRS 41.085 regularly, as statutes may change.