Dying Without A Will
NRS 134.040 and NRS 134.050 — the spouse's share of separate property by children and parents, and community property apart
Separate property only. When a Nevada decedent leaves a surviving spouse, community property with right of survivorship passes by that right, other community property vests as the community property law provides, and the intestate succession chapter applies only to the decedent's separate property.
| Who survives | Who takes the estate |
|---|---|
| Who survivesA spouse and one child, or one child's issue | Who takes the estateOne-half to the spouse, one-half to the child or the child's issue |
| Who survivesA spouse and more than one child, or a child and issue of a deceased child | Who takes the estateOne-third to the spouse, the remainder in equal shares to the children, with a deceased child's issue taking by representation |
| Who survivesA spouse and both parents, no issue | Who takes the estateOne-half to the spouse, one-fourth to each parent |
| Who survivesA spouse and one parent, no issue | Who takes the estateOne-half to the spouse, one-half to the parent |
| Who survivesA spouse and brothers and sisters, no issue or parent | Who takes the estateOne-half of the separate property to the spouse, one-half in equal shares to the brothers and sisters |
| Who survivesChildren, no spouse | Who takes the estateAll to one child, or equally to all the children |
| Who survivesBoth parents, no spouse or issue | Who takes the estateOne-half to each parent, or all to the one living |
A spouse with no issue, parent, brother or sister, or children of any issue to share with takes all of the decedent's separate property.
More distant relatives, half blood, adopted children, and an estate that goes to the State when nobody is left are in other sections of the chapter and are not reproduced here. Whether property was separate or community, and how a particular estate passes, are questions for a court and a licensed Nevada attorney.
Sources for this section (4)
- NRS 134.010 — Vesting upon death of spouse; applicability of chapter only to separate property
- NRS 134.040 — Surviving spouse and issue
- NRS 134.050 — Surviving spouse and no issue; no surviving spouse or issue but parent
- NRS 134.090 — No surviving spouse but issue
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.