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NRS 123.250 Ownership of survivor upon death
of spouse; disposal by will of decedent.
1. Except as otherwise provided in subsection 2, upon the death of either
husband or wife:
(a) An undivided one-half interest in the community property is the property
of the surviving spouse and his or her sole separate property.
(b) The remaining interest:
(1) Is subject to the testamentary disposition of the decedent or, in the
absence of such a testamentary disposition, goes to the surviving spouse;
and
(2) Is the only portion subject to administration under the provisions of
title 12 of NRS.
2. The provisions of this section:
(a) Do not apply to the extent that they are inconsistent with the
provisions of chapter 41B of NRS.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property
was acquired before, on or after July 1, 1975.
3. As used in this section, "community property with right of survivorship”
means community property in which a right of survivorship exists pursuant to
NRS 111.064 or 115.060 or any other provision of law.
NRS 132.290 "Right of representation” defined.
"Right of representation” means the method of distributing property by
which, through inheritance or succession, the descendants of a deceased heir
take the same share or right in the estate of another person that their
parent or other ancestor would have taken if living. A posthumous child is
deemed living at the death of his parent.
NRS 134.010 Vesting upon death of spouse; applicability of chapter only
to separate property.
If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in accordance with
the right of survivorship;
2. All other community property vests as provided in NRS 123.250; and
3. The provisions of this chapter apply only to the separate property of the
decedent.
NRS 134.030 Descent and distribution.
If a decedent dies intestate and has title to any estate which is the
separate property of the decedent and which is not otherwise limited by
contract, the estate descends and must be distributed, subject to the
payment of the debts of the decedent, in the manner provided in NRS 134.040
to 134.120, inclusive.
NRS 134.040 Surviving spouse and issue.
1. If the decedent leaves a surviving spouse and only one child, or the
lawful issue of one child, the estate goes one-half to the surviving spouse
and one-half to the child or the issue of the child.
2. If the decedent leaves a surviving spouse and more than one child
living, or a child and the lawful issue of one or more deceased children,
the estate goes one-third to the surviving spouse and the remainder in equal
shares to the children and the lawful issue of any deceased child by right
of representation.
NRS 134.050 Surviving spouse and no issue; no surviving spouse or issue
but parent.
1. 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 of the decedent, if both are living. If both parents are not
living, one-half to either the father or the mother then living.
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2. If the decedent leaves no issue, or father or
mother, one-half of the separate property of the decedent goes to the
surviving spouse and the other one-half goes in equal shares to the brothers
and sisters of the decedent.
3. If the decedent leaves no issue or surviving
spouse, the estate goes one-half to the father of the decedent and one-half
to the mother of the decedent, if both are living. If both parents are not
living, the whole estate goes to either the father or the mother then
living.
4. If the decedent leaves no issue, father, mother, brother or sister, or
children of any issue, all of the separate property of the decedent goes to
the surviving spouse.
NRS 134.060 No issue, surviving spouse or
parent but sibling.
If there is no issue, surviving spouse, or father or mother, then the estate
goes in equal shares to the brothers and sisters of the decedent and to the
lawful issue of any deceased brother or sister by right of representation as
follows:
1. To the brothers and sisters, each a share; and
2. To the lawful issue of each deceased brother and sister, by right of
representation, the same share that the parent would have received if the
parent had been living at the time of the death of the decedent.
(Click here for
deaths from 2007 to 2009)
NRS 134.070 No issue, surviving spouse or immediate family.
If the decedent leaves no issue, surviving spouse, or father or mother, and
no brother or sister living at the time of death, the estate goes to the
next of kin in equal degree, except that if there are two or more collateral
kindred in equal degree, but claiming through different ancestors, those who
claim through the nearest ancestors are preferred to those who claim through
ancestors more remote.
NRS 134.090 No surviving spouse but issue.
If the decedent leaves no surviving spouse, but there is a child or
children, the estate, 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.
NRS 134.100 No surviving spouse but issue and children of issue.
If the decedent leaves no surviving spouse, but there is a child or children
and the lawful issue of a child or children, the estate goes to the child or
children and lawful issue of the child or children by right of
representation as follows: To the child or children, each a share and to the
lawful issue of each deceased child, by right of representation, the same
share that the parent would have received if the parent had been living at
the time of the death of the decedent.
NRS 134.110 No surviving spouse or issue but children of issue.
If the decedent leaves no surviving spouse, or child or children, but there
is the lawful issue of a child or children, all the estate descends and must
be distributed to the lawful issue of the child or children by right of
representation, and this rule applies to the lawful issue of all such
children, and to the lawful issue ad infinitum.
NRS 134.120 Escheat.
If the decedent leaves no surviving spouse or
kindred, the estate escheats to the State for educational purposes.
NRS 134.150 Degree of kindred.
The degrees of kindred shall be computed according to the rules of the civil
law.
NRS 134.160 Kindred of half blood.
Kindred of the half blood inherit equally with those of the whole blood in
the same degree, unless the inheritance comes to the decedent by descent or
devise from an ancestor, in which case all those who are not of the blood of
the ancestor are excluded from the inheritance.
(Note: NRS 134.060 read as follows
from 2007 to 2009)
NRS 134.060 No issue, surviving spouse or
parent but sibling.
If there is no issue, surviving spouse, or father or mother, then the estate
goes in equal shares to the brothers and sisters of the decedent and to the
children of any deceased brother or sister in equal shares, per capita.
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