Intestate Succession in Nevada: Who Inherits When There's No Will?

When someone dies without a will in Nevada, state law determines who inherits their property through intestate succession rules—a hierarchy that prioritizes spouses and children, then extends to parents, siblings, and more distant relatives. This guide explains Nevada's intestate succession and how it affects inherited real estate.

What Is Intestate Succession?

"Intestate" means dying without a valid will. When this happens, Nevada law—not the deceased's wishes—determines who inherits. The court appoints an administrator (instead of an executor) to manage the estate, and property passes according to a statutory formula based on family relationships.

Nevada's Inheritance Hierarchy

If Survived by Spouse

• Spouse, no children: Spouse inherits everything
• Spouse + children (all from this marriage): Spouse inherits everything
• Spouse + children from prior relationship: Spouse gets half, children share other half

If No Surviving Spouse

• Children: Inherit equally
• No children, parents survive: Parents inherit
• No children or parents: Siblings inherit
• No immediate family: Grandparents, aunts/uncles, cousins in order

Community Property Considerations

Nevada is a community property state. Property acquired during marriage is generally community property, owned 50/50 by spouses. When one spouse dies, their half passes through intestate succession; the surviving spouse already owns the other half. Separate property (owned before marriage or received as gift/inheritance) follows different rules.

Impact on Real Estate

Multiple Heirs

Intestate succession often creates multiple co-owners of real estate. Three children inherit equally = three owners who must agree on selling, keeping, or managing property. This frequently leads to disputes and the need for buyouts or partition actions.

Finding Unknown Heirs

Without a will identifying beneficiaries, the administrator must identify all legal heirs. This can uncover unknown relatives, estranged family members, or children from prior relationships who have equal inheritance rights under law.

Longer Probate Process

Intestate estates often take longer to administer. The court must determine heirs, there may be disputes about relationships, and lack of clear direction can complicate decision-making about property.

Administrator vs. Executor

Without a will naming an executor, the court appoints an administrator. Nevada law prioritizes the surviving spouse, then children, then other relatives. The administrator has similar duties to an executor—managing estate assets, paying debts, and distributing to heirs—but takes direction from intestate law rather than a will.

The Bottom Line

Intestate succession follows Nevada's statutory formula regardless of what the deceased may have wanted. For real estate, this often means multiple heirs with equal shares who must cooperate on decisions. The process can be more complex and contentious than estates with clear wills. Working with experienced probate professionals helps navigate these situations.

I help families navigate intestate real estate situations in Las Vegas. If you've inherited property without a will, reach out to discuss your rights and options.