Passing away without a will subjects your assets to probate court under Nevada intestacy laws. That sounds complicated, but what it means in simple terms is that the state will determine who inherits your property and money unless you have created a will describing your wishes. Without a will, everything you leave behind goes through the county probate court where you died, which could cause strife among your heirs.
Below, a skilled Las Vegas probate attorney describes what happens if you die without a will in Nevada and how to take control of your legacy.
Nevada Intestacy Laws Dictate Asset Distribution if You Don’t Leave a Will
Under Chapter 134 of the Nevada Revised Statutes, all property you leave behind when you die goes to your survivors in a specific order of inheritance, which is as follows:
- If you are unmarried: Your assets will go first to your children (divided evenly), then to your parents, siblings, and then siblings’ children. If you have no living relatives, your property escheats to Nevada, which will use it for educational purposes.
- If you are married with no children: As a community property state, everything you own with your spouse will go to them when you die. Unfortunately, common law spouses cannot inherit anything unless you choose to leave them property in a will.
- If you are married with no children and surviving parents: Your spouse receives ½ of your estate and your parents receive 25% each, or 50% if only one is still living.
- If you are married with children: Your spouse receives ½ of your community property, and your children (up to two) divide the other ½. If there are more than 2 children, the spouse receives ⅓ of the estate, and the children divide the other ⅔.
Separate property, generally anything which you inherited in your own name or brought into the marriage without titling in your spouse’s name, follows these same inheritance laws. This highlights the need for a will if you want to leave anything specifically to your children or others.
How the Probate Process Works in Nevada
If you leave no will, your family must name a personal representative (PR) or administrator for your estate. If they don’t choose someone, the probate court will name a person. This individual will manage all estate affairs, including inventorying property, paying debts, distributing assets, and closing the estate. Here’s what the standard probate process looks like:
- You or the court identifies the PR, who files the estate with the probate court in the county where you died.
- The PR presents an inventory of all assets and liabilities when they open the probate case and repeats the process when they close the estate.
- The PR reviews liabilities, pays valid creditor claims, and manages property affairs, such as paying bills, selling assets, and maintaining value.
- The PR files tax returns for both the deceased and the estate.
- The PR distributes assets in accordance with intestacy law.
Once they complete these tasks, the PR can close the estate. Once it’s closed, the probate court releases the PR from their duties. Many factors can impact how long it takes to complete probate in Nevada, but the average time is between 6 months and a year.
If you are concerned about what happens if you die without a will in Nevada, or you are a family member now dealing with intestacy from the loss of a loved one, it’s time to speak with a member of our team at Simplifying Probate. Contact us for a free consultation and get started today.