What rights does a surviving spouse have in Nevada when a spouse dies without a will?

Short answer: As a surviving spouse in Nevada, you have specific inheritance and procedural rights under Nevada’s intestacy rules. Those rights commonly include control or a share of the deceased spouse’s estate through probate, claims to community property, and short‑term support during administration. If a family is trying to cut you out of decisions, you can ask the probate court to protect your interests and to give you control over estate decisions when appropriate.

Detailed answer — how Nevada law applies

When someone dies without a valid will, Nevada’s intestate succession law determines who inherits. The process usually runs through probate unless all assets pass outside probate (for example, by joint tenancy, beneficiary designation, or payable‑on‑death accounts).

1. Community property vs. separate property

Nevada is a community property state. Generally, property acquired during marriage is community property, and each spouse owns one half. On death, the deceased spouse’s one‑half share (the decedent’s interest in community property) is distributed according to intestate rules. Your own one‑half community interest usually remains yours.

2. What intestate succession can mean for you

Nevada’s intestacy statutes lay out who inherits when there is no will. The specific share a surviving spouse receives depends on whether the decedent had surviving descendants and whether those descendants are also the surviving spouse’s descendants. The governing statutes are in Nevada Revised Statutes, Chapter 134 (Descent and Distribution):

NRS Chapter 134 — Descent and Distribution

Basic scenarios you should understand:

• If the decedent left only a surviving spouse and no children or parents, the spouse often inherits the decedent’s estate.
• If the decedent left children who are also the surviving spouse’s children (common children), the spouse may inherit all or most of the estate depending on the mix of community and separate property.
• If the decedent left children who are not the surviving spouse’s children (for example, children from a prior relationship), the spouse’s share may be smaller under intestacy rules.

3. Probate, administration, and decision‑making

If the decedent had assets that must go through probate, the probate court supervises distribution. As surviving spouse you have several important procedural rights:

• You can petition the court to open an estate administration (if one is needed).
• You can ask to be appointed personal representative (the person who manages probate). Nevada courts generally consider the surviving spouse’s request favorably but will follow statutory priorities and the court’s view of who is suitable.
• You may file objections if another family member seeks control of the estate and you believe that request is improper.

For general probate procedure and self‑help resources, see the Nevada Courts probate page:

Nevada Courts — Probate Self‑Help

4. Short‑term financial protections during probate

Nevada law recognizes short‑term allowances to support the surviving spouse and dependents while the estate is administered. These may include a family allowance or homestead/exemption rights that protect your basic needs for a limited time so you are not left destitute while probate runs its course. You request these protections from the probate court as part of the administration.

5. If family members are excluding you from decisions

If the decedent’s family is trying to cut you out of decisions (locking you out of the home, taking control of bank accounts, or making decisions about funeral arrangements and estate assets), you have practical and legal options:

1. Ask the family to stop and explain your rights. Keep calm, document interactions, and preserve evidence (texts, emails, witness contact info).
2. File an emergency petition with the probate court. The court can issue temporary orders (for example, to prevent dissipation of assets or to grant you exclusive possession of the residence for a short time) while the court sorts out who should manage the estate.
3. Seek appointment as personal representative (or oppose another’s appointment). If you are appointed, you will have legal authority to manage estate affairs subject to court oversight.
4. If someone wrongfully takes or hides assets, you may have civil claims for conversion or contempt of court if they violate a court order. In urgent cases, law enforcement may be able to intervene if there is criminal activity (e.g., theft).

Practical steps to protect your rights (what to do now)

1. Collect key documents: marriage certificate, spouse’s photo ID, any financial account statements, deeds, titles, insurance policies, beneficiary designations, and any copy of a will if one exists.
2. Check beneficiary designations: life insurance, retirement accounts, and transfer‑on‑death accounts can pass outside probate. Confirm whether you’re named beneficiary.
3. Contact the probate clerk in the county where the decedent lived. Ask whether a probate case has been opened and how to file a petition for administration if needed.
4. File for emergency relief if you face imminent loss of assets or exclusion from the home. The probate court can issue protective orders quickly in many cases.
5. Talk to an attorney experienced in Nevada probate and family/estate law. Even a brief consultation can clarify your immediate options and next steps.

How an attorney can help

An attorney can:

• Explain how Nevada’s intestacy rules apply to your specific facts and estimate your likely share.
• Prepare and file probate petitions, emergency motions, and responses to other family members’ filings.
• Represent you at hearings where the court decides who should be personal representative or whether temporary relief is warranted.
• Negotiate settlements with other heirs or pursue litigation if necessary.

Helpful Hints

• Act quickly. Probate deadlines and the risk that assets will be moved or sold make prompt action important.
• Gather documentation now. Proof of marriage, ownership documents, and statements will speed any court petition and help protect your position.
• Don’t rely on verbal promises from family members. Get things in writing or via court order.
• Preserve evidence. Save texts, emails, photos, and records of phone calls that show attempts to exclude you or misappropriate assets.
• Know which assets bypass probate (life insurance, retirement accounts, jointly titled property) so you can confirm whether you already have access to some funds.
• Use court self‑help resources for forms and procedural guidance, but consider attorney help for contested matters or large estates.

Where to look for Nevada law and forms

Intestate succession statutes: NRS Chapter 134 — Descent and Distribution.

General probate self‑help and local court information: Nevada Courts — Probate Self‑Help.

Final note (important)

This is general information only and is not legal advice. Every situation is different. If you are being cut out of decisions or you fear loss of assets, consult a Nevada probate attorney right away to protect your rights and seek appropriate court relief.