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Nevada Intestacy Laws

 

These are selections from the Nevada intestate succession statutes, which may be found in full by selecting this link.  (Title 12, Wills and Estates of Deceased Persons, Chapter 133, Wills)

 

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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.
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 children of any deceased brother or sister by right of representation.

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.
 

 

 

 

 

 

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