Short answer

Yes. In Nevada, if a spouse is still legally married when a spouse dies (that is, the divorce decree has not become final), that person remains the decedent’s spouse for purposes of intestate succession, probate claims, and many statutory protections. An estranged spouse who is not yet divorced can therefore inherit or otherwise assert rights against the decedent’s estate unless the divorce was finalized or another clear legal step removed spousal status.

Detailed answer — how Nevada law treats a spouse before the divorce is final

1. Marital status at death controls

Nevada law treats the person who is still legally married at the time of death as the surviving spouse. Being “estranged” or separated in fact does not end the legal marriage until the court enters a final divorce decree. That means the surviving spouse keeps the legal rights of a spouse for probate and inheritance purposes.

2. If there is no valid will (intestate succession)

If the decedent died without a will, Nevada’s statutes on descent and distribution determine who inherits. The surviving spouse generally receives at least a large portion of the estate, and sometimes the entire estate depending on whether the decedent left surviving descendants or parents. For Nevada’s rules on descent and distribution, see NRS Chapter 134: Descent and Distribution: https://www.leg.state.nv.us/NRS/NRS-134.html.

3. If there is a will

Whether the estranged spouse inherits under a will depends on the will’s terms and Nevada’s rules about wills and family protections. If a will leaves property to a spouse, and the parties are still legally married when the decedent died, the gift generally stands. If a will intentionally disinherits a spouse but the spouse is still married to the decedent at death, the surviving spouse may have statutory remedies available (such as an allowance or other protections) under Nevada probate law. See NRS Chapter 133 (Wills) for statute text and probate principles: https://www.leg.state.nv.us/NRS/NRS-133.html.

4. Statutory protections that a surviving spouse can claim

Even when a will exists, Nevada law provides protections that let a surviving spouse claim some portion of the estate or certain allowances (for example, family allowance, homestead allowance, or exempt property) so that a surviving spouse is not left destitute by a disinheriting will. The precise protections, procedures, and deadlines can vary; consult the Nevada statutes and a probate attorney for specifics.

5. Community property and jointly held assets

Nevada is a community-property state. Property acquired during the marriage is often community property and may automatically pass to the surviving spouse or be treated differently than separate property. Additionally, assets with designated beneficiaries, joint tenancy accounts with right of survivorship, and retirement accounts with valid beneficiary designations typically pass outside probate. Whether an estranged spouse can claim these assets depends on how title or beneficiary designations are structured at death.

6. If a divorce was in process

Filing for divorce alone usually does not change the spouse’s rights at death. Only a final divorce decree or a valid legal termination of the marriage severs the spousal legal relationship. In some cases, temporary court orders in divorce proceedings can affect access to assets, but they do not terminate spousal status for inheritance unless a final judgment is entered.

7. Practical examples (hypothetical facts)

• Hypothetical A — No will, estranged spouse still married: John and Mary live separately and John has filed for divorce but it isn’t final. John dies without a will. Under Nevada intestacy rules, Mary is his surviving spouse and may inherit the portion of John’s estate allocated to a spouse under NRS Chapter 134.
• Hypothetical B — Will disinheriting spouse but divorce unfinished: Sam leaves a will that leaves everything to his friend and expressly disinherits his wife, though they are still legally married. Sam dies before the divorce is final. Sam’s wife may still be entitled to statutory allowances or other spousal protections under Nevada probate law and could challenge the will or assert claims in probate.
• Hypothetical C — Joint account and beneficiary designations: Even if Sarah and Tom were separated, a bank account held as joint tenants or an IRA naming Tom as beneficiary will typically pass to the joint owner or named beneficiary regardless of whether a divorce is final.

8. Timing and procedural considerations

Probate has deadlines. A surviving spouse needs to act promptly to preserve rights—filing required probate forms, asserting claims, or seeking temporary relief if necessary. If someone else is attempting to distribute assets without following probate law, the still-married spouse can object and pursue remedies in the probate court.

When an estranged spouse will not be treated as a spouse

If the divorce is finalized before the decedent’s death, the former spouse is no longer a spouse under Nevada law and generally cannot claim as a surviving spouse. Similarly, a valid legal separation or certain court orders could change rights regarding access to assets, but they do not substitute for a final divorce decree in ending spousal status for inheritance and probate purposes.

Helpful hints

• Confirm the exact marital status at the date of death. Obtain certified marriage and any divorce/court documents.
• Locate the decedent’s original will (if any) and any beneficiary designations, joint-account agreements, or trust documents.
• Act quickly—probate and creditor deadlines can be short. Missing a deadline can waive certain rights.
• Preserve evidence of separation, communications, and any property ownership documents (titles, deeds, account statements).
• Understand which assets pass outside probate (beneficiary designations, joint accounts, trusts) versus probate assets.
• Consider reaching out to a Nevada probate attorney early—spousal claims and intestacy disputes can be highly fact-specific.
• Do not destroy or alter estate documents; doing so can hurt your legal position and may be illegal.
• If you are the executor or personal representative, follow Nevada probate procedures and give notice to potential heirs, including a still-married spouse.

Where to look in Nevada law

Key Nevada statutes and chapters to review include:

• Descent and Distribution (intestate succession): NRS Chapter 134 — https://www.leg.state.nv.us/NRS/NRS-134.html
• Wills and probate-related statutes: NRS Chapter 133 — https://www.leg.state.nv.us/NRS/NRS-133.html