Nevada Estates without Wills
When Nevada residents pass away without a will, the goal is to convey the estate to the nearest relatives. The estate passes by a process known as Intestate Succession. Many Nevada families benefit from the expert advice and assistance of a Las Vegas probate lawyer.
Property Passed by Will
Intestate succession applies to property that would have passed to heirs through a will. Some property does not pass by will. As a community property state, Nevada law excludes community property from intestate succession. The below-listed items describe typical property that does not pass through the estate.
- Property held in a revocable living trust.
- Proceeds from life insurance, bank accounts, IRA, Roth IRAs, and 401(k)with a payable-on-death designation.
- Vehicles with a transfer on death designation.
The surviving spouse or partner gets one-half of the community property. They get one-half or one-third of the separate property depending on whether there are children and living parents.
Children get either one-half or two-thirds of the property passed by Intestate succession. If there are more than one, the children take equal intestate shares of two-thirds of the intestate property. One child divides half of the property with the surviving spouse or partner.
Parents have a strong position in Nevada law of intestate succession. If there are no children and no spouse or partner, then parents inherit the entire intestate estate. If there is a spouse or partner but no children, then parents get one-half of the property.
After the spouse children, and parents, the Court uses levels of relationship, or consanguinity, to decide the next living closest relatives. It is useful to note that immigration status does not affect the intestate share. Relatives can inherit whether citizens or not, and without regard to legal status. Half siblings, those with one common parent, and other half relatives inherit as if they were sisters, brothers, or other full relatives.
Escheat to the State
If there are no surviving relatives, then intestate estates can fall or escheat to the State of Nevada. An escheat will not occur if the decedent leaves a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins. An experienced Las Vegas probate lawyer can help relatives navigate through the intestate succession process.
The law offices of Sean Tanko provide advice and assistance on all aspects of Nevada probate. If you need a Las Vegas probate lawyer, call or visit us online today.