Prepare for Nevada Probate
Those who die intestate, without wills, leave to the intestacy laws of their states decisions of how to distribute their assets, interests, and properties. Real estate they possess in states other than their own are subject to the intestacy laws of the states where their properties are located.
State laws of intestate succession vary by personal circumstances of the decedent. Successive heirs could include surviving parents, spouses, siblings, and relatives more distant. This article describes only a few of the more common scenarios that you may come across.
The entire estate of a solitary intestate decedent with no relatives escheats to the state, meaning it gets transferred to the state rather than being left untouched. Under Nevada probate law, for instance, “If the decedent leaves no surviving spouse or kindred, the estate escheats to the State for educational purposes.” [i] Otherwise, the statutory provisions for intestate succession apply.
Single Intestate Decedents, No Children
“If the decedent leaves no issue [children] or surviving spouse, the estate goes one-half to the father of the decedent and one-half to the mother . . . if both are living.” [ii]
Single Intestate Decedent with Children
If single with children, the decedent’s entire estate goes to the children in equal shares. “If there is only one child, all goes to that child. If there is more than one child, the estate goes to all the children of the decedent, to share and share alike.” [iii]
Married Decedent, No Children
“If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to the father of the decedent, and one-fourth to the mother.” [iv]
Married Intestate Decedent with Children
“If the decedent leaves a surviving spouse and only one child or the lawful issue [grandchild] of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child. If the decedent leaves a surviving spouse and more than one child . . . the estate goes one-third to the surviving spouse and the remainder in equal shares to the children.” [v]
Unmarried Couples/Domestic Partners
Intestacy laws recognize only relatives as heirs to intestate decedent estates, so unmarried couples do not inherit the property of their partners who die without wills. Not all states recognize domestic partnerships; Nevada probate law, however, provides that “A surviving domestic partner, following the death of the other partner, has the same rights, protections, and benefits and is subject to the same responsibilities, obligations, and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower.” [vi]
Consult a Probate Lawyer
Because there is no way for an intestate decedent’s estate to avoid probate, it is important to check estate planning laws and to speak with an experienced probate attorney to understand fully what may happen without a will. Trust attorney Rob Telles at Accolade Law to handle client probate problems and save them money. Call (702) 337-3000 now to arrange a free initial case consultation.[i] Nevada Revised Statutes (NRS) Title 12 Chapter 134 Section 120 Section (§) 134.120.
[ii] NRS § 134.050. If both do not survive, the entire estate goes to the surviving parent.
[iii] NRS § 134.090.
[iv] NRS § 134.050. If both parents do not survive the intestate decedent, one-half goes to the surviving father or mother. If the decedent leaves no children, parent, or sibling, all separate property of the decedent goes to the surviving spouse.
[v] NRS § 134.040.
[vi] NRS § 122A.200. Furthermore, the rights and obligations of domestic partners as to children are the same under this section in Nevada as those of spouses.