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;
(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
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
NRS 134.050 Surviving spouse and no issue; no surviving spouse or issue
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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