When someone passes away without any form of valid will in Nevada, one of the first questions a family may face is also one of the hardest: Who inherits what? This is what “intestate succession” means. Put simply, it is the legal process that determines who inherits when no will is established.
Nevada’s intestate succession laws provide the answer, but it can depend on the property involved and which family members survive the person who died.
It’s important to know that community property and separate property are treated differently, and having a spouse, children, parents, or other surviving relatives can change who receives a share of the estate. Understanding those differences can help families know what to expect when no will is in place.
So, Who Actually Inherits?
Nevada looks at the property involved and which family members survive a loved one who passes away.
- A spouse may inherit some or all of the estate
- Children may inherit with a spouse or on their own
- If there is no spouse or child, Nevada may look to other family members
- The answer can also change depending on whether the property is community or separate property
- When there are no eligible heirs, the estate may ultimately pass to the state
That may not be how your loved one would have chosen to divide their property. Even wishes that were talked about with family generally need to be properly documented for them to control how an estate is distributed.
At Borg Law Group, our estate planning and probate attorneys help Nevada families understand these rules and create plans that clearly document how they want their property handled.
How Nevada Divides Property When There Is No Will
Before figuring out who gets what, there is another question to answer: What kind of property are we talking about? In Nevada, that distinction matters. Community property will typically go to the surviving spouse, but separate property can be divided differently depending on the family members involved.
Spouse + one child: Each generally receives half of the separate property.
Spouse + multiple children: The spouse receives one-third, while the children share the remaining two-thirds.
No surviving spouse or children: Nevada law looks next to parents, siblings, and then other relatives.
Family circumstances can make these rules more complicated. Borg Law Group helps families in Las Vegas, Henderson, and Reno understand Nevada intestate succession and how the law applies to their loved one’s estate.
What Probate Can Look Like Without a Will
When a loved one passes away without a will, the estate may have more than one path through Nevada probate. What comes next depends on the property involved, its value, and the circumstances of the estate. Nevada updated several of the qualifying limits in 2025 through Senate Bill 404.
- Smaller estates: An Affidavit of Entitlement may be available when there is no real property and the estate falls within Nevada’s qualifying limits.
- Estates up to $150,000: A set-aside procedure may allow qualifying property to be distributed without full administration.
- Estates up to $500,000: Summary administration may provide a streamlined probate process for qualifying estates above the set-aside threshold.
If one of these shorter procedures is not available, the estate may need to move through regular administration. In Clark County, these matters are handled through the Eighth Judicial District Court.
There are really two issues at play here. Probate is about what has to happen with the estate itself. Intestate succession answers the other question families are often asking: Who has the legal right to inherit when there is no valid will?
Make Your Inheritance Wishes Clear
Nevada’s intestate succession laws decide who inherits when there is no valid will, but those rules may not reflect your own wishes. A properly prepared estate plan gives you more control over what happens to your property and can provide greater clarity for your family.
Borg Law Group helps individuals and families in Las Vegas, Henderson, and Reno with estate planning, wills, trusts, and probate, so those important decisions do not have to be left to Nevada’s default rules.
Frequently Asked Questions
Who would receive property when there is no will?
Nevada law provides an order for who can receive the property left behind. A surviving spouse generally receives the community property, while separate property can be shared with children or passed to other family members, depending on the circumstances.
Does my spouse automatically inherit everything in Nevada?
It depends on the property and who else is in the family. A surviving spouse will generally receive the community property, but separate property may be shared with children or, in some situations, other relatives.
What is a small estate affidavit in Nevada?
Nevada’s Affidavit of Entitlement offers a way to claim certain property without going through full probate. The current limit is $25,000 for most claimants and $150,000 for a surviving spouse, although other requirements must also be met.
How does Clark County probate work if there is no will?
If probate is required after losing a loved one, the court may appoint an administrator to handle the estate and distribute property according to Nevada law. Clark County probate matters are handled through the Eighth Judicial District Court.
What happens if I have no living relatives in Nevada?
If no eligible heirs exist, the estate may eventually pass to the State of Nevada for educational purposes. Nevada law allows certain more distant relatives to inherit before that occurs.
Ready to Make Your Wishes Clear?
Nevada’s intestate succession laws may not distribute your property the way you would choose. A properly prepared estate plan can help make your wishes clear and give your family greater certainty about what comes next.
If you’re ready to put your wishes in writing or want greater clarity about your estate planning options, Borg Law Group is here to help.
Schedule a consultation today and take the next step toward creating an estate plan that reflects your wishes.