What happens to jointly held bank accounts and property when someone dies without a will in Nevada?

Short answer: In Nevada, what happens depends on how the asset is titled. Joint accounts and property titled with a surviving co-owner who has a right of survivorship usually pass automatically to the survivor outside probate. Assets titled as tenants in common or owned solely by the deceased will typically go through probate and be distributed under Nevada’s intestacy rules. Payable-on-death (POD) or transfer-on-death (TOD) designations and named beneficiaries also bypass probate. Community-property rules and intestate succession statutes affect what a surviving spouse or heirs receive.

Detailed answer — how Nevada law treats jointly held bank accounts and property when a person dies intestate

1. Key legal concepts you need to know

• Title controls: Who is listed as an owner on the account or deed determines what happens at death.
• Joint tenancy with right of survivorship: If property or an account is held as joint tenants with right of survivorship, the survivor automatically owns the deceased’s share at the moment of death, and the asset generally avoids probate.
• Tenants in common: If two people own property as tenants in common, each owner has a separate share that passes according to the deceased’s will or, if no will exists, under Nevada’s intestacy laws.
• POD / TOD designations: Payable-on-death (bank accounts) and transfer-on-death (securities, some real estate) allow the owner to name a beneficiary who receives the asset at death without probate.
• Intestate succession: When someone dies without a will, Nevada law (intestate succession statutes) determines who inherits that person’s probate assets.
• Community property: Nevada is a community property state. Whether an asset is community or separate property affects what a surviving spouse receives.

2. Joint bank accounts

If a bank account is titled in joint names with rights of survivorship (for example, “John Doe and Jane Doe, joint tenants with right of survivorship”), the surviving joint owner will usually continue to own the entire account after presentation of a death certificate. Banks typically require the original death certificate and may have their own forms.

If an account is simply held in two names without a clear survivorship designation or is a convenience account, the bank’s policies and the exact account language will determine access and transfer. Some joint accounts are treated as the deceased’s property for estate purposes if the surviving co-owner cannot show the account was intended to pass automatically.

If the decedent named a beneficiary using a POD designation, the named beneficiary receives the funds directly when they submit a death certificate and claim forms. These funds avoid probate.

3. Real property (homes, land)

Real property transfers depend on how title is held:

• Joint tenants with right of survivorship: The surviving co-owner(s) become(s) the sole owner immediately at the decedent’s death. This avoids probate.
• Tenants in common: The decedent’s share becomes part of the probate estate and is distributed under Nevada’s intestacy rules if there is no will.
• Community property: In Nevada, most property acquired during marriage is presumed community property. When one spouse dies intestate, the surviving spouse’s share and the decedent’s share will be handled under Nevada community property principles and intestacy rules.

4. Probate and intestate succession

Assets that do not pass automatically by survivorship or beneficiary designation are probate assets. Nevada’s intestacy statutes set the order and shares of inheritance when there is no will. For details on intestate succession, see Nevada’s statutes on intestate succession: NRS Chapter 134 — Intestate Succession.

In many cases, a surviving spouse and children will inherit under NRS Chapter 134. The exact shares depend on whether the decedent left surviving descendants, parents, or siblings, and on whether property is community or separate.

5. Practical examples (hypotheticals)

• Example A — Joint bank account with survivorship: Alice and Bob hold a bank account titled “Alice & Bob, joint tenants with right of survivorship.” Alice dies without a will. Bob goes to the bank, presents Alice’s death certificate, and the bank transfers full ownership to Bob. The account does not pass through probate.
• Example B — Tenants in common real property: Carl and Dana own a rental property as tenants in common, 50/50. Carl dies intestate. Carl’s 50% interest becomes part of his probate estate and passes to his heirs under Nevada’s intestacy rules unless Carl’s deed or other documents created a survivorship interest.
• Example C — POD account: Elena has a POD account naming Frank as beneficiary. Elena dies without a will. Frank presents a death certificate and the bank pays the account balance to Frank directly; the funds are not part of Elena’s probate estate.

6. What to do after a co-owner dies

1. Obtain certified copies of the death certificate from the local vital records office.
2. Locate account statements, deeds, and title documents. Look for language like “with right of survivorship,” “joint tenants,” “tenants in common,” “POD,” or “TOD.”
3. Contact banks and title companies. They will tell you what documentation you need to transfer or access assets.
4. Determine whether probate is required. If the estate is small or assets have beneficiary designations and survivorship rights, probate may be unnecessary.
5. If there’s a dispute about ownership or the bank refuses access, consider talking with a Nevada probate or real estate attorney.

7. Things that commonly cause confusion or disputes

• Accounts opened as “joint” for convenience but not intended to pass on death. Banks sometimes allow access to a co-owner during life but that does not always create a legal survivorship interest.
• Improperly completed POD/TOD forms or ambiguous language on deeds and account agreements.
• Community property claims by a surviving spouse when titles were in only one spouse’s name.
• Creditors’ claims against the decedent’s probate estate. Survivorship assets typically avoid these claims, but probate assets may be subject to creditor claims.

Relevant Nevada statutes and resources

• Intestate succession (who inherits when there is no will): NRS Chapter 134 — Intestate Succession.
• Property, conveyances, and rules that affect title and survivorship (see the Nevada Revised Statutes chapter on conveyances and property): NRS Chapter 111 — Conveyances and Transfers.

Helpful Hints

• Check title language first. The words on the deed or account agreement usually decide the outcome.
• Get several certified death certificates. Institutions often require originals or certified copies.
• Look for beneficiary designations (POD/TOD) before starting probate. These designations usually override intestacy for the specific asset.
• Keep records proving contributions or intent if a joint account or deed is disputed. Evidence can matter in court.
• If you are a surviving spouse, determine whether property is community or separate; community property rules can change what you inherit.
• Small estates sometimes qualify for simplified procedures; ask the county probate clerk about small estate affidavits or simplified probate in Nevada.
• When in doubt or if there’s a dispute, consult a Nevada probate or real property attorney to protect your rights. This is especially important for valuable real estate or contested accounts.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and every situation is different. For legal advice about a specific situation, consult a licensed Nevada attorney.