No one likes to think about dying, but preparing for it is one of the most responsible things you can do. A will ensures that your wishes are carried out, your assets go to the right people, and your loved ones avoid unnecessary legal stress. Unfortunately, many people delay or avoid this step, assuming everything will “just work itself out.”
In Nevada, if you die without a will, the state decides what happens to your assets. This process is known as intestate succession. The law outlines who gets what, regardless of what your wishes might have been. That means your property might not go to the person you wanted, or it might take months, or even years, to sort out in probate court.
This blog will walk you through what happens when someone dies without a will in Nevada. We’ll explain the legal process, who inherits your estate, and how this can create financial and emotional challenges for your family. If you’ve been putting off creating a will, this information might be the nudge you need to act.
Understanding Intestate Succession in Nevada
When someone dies without a valid will in Nevada, they are said to have died “intestate.” In these cases, the probate court uses a set of default rules to distribute the deceased person’s estate. These rules are not based on personal relationships, long-time friendships, or verbal promises. Instead, the law follows a strict order of inheritance.
Nevada’s intestate succession laws start by dividing assets among immediate family members—typically a surviving spouse and children. If there is no surviving spouse or children, the estate may go to parents, siblings, or even more distant relatives. If no living relatives can be found, the estate could eventually go to the state. This process often leaves families frustrated, especially when the decedent had expressed wishes that were never written down.
Many people assume that their spouse will automatically receive everything, but that isn’t always true. The distribution depends on whether the property was considered separate or community property, and whether there are children from previous relationships. Without legal documentation, surviving loved ones may face drawn-out court proceedings and unwanted surprises. A will or estate plan removes that uncertainty and ensures your intentions are honored.
Who Inherits and How the Process Works
When someone dies without a will in Nevada, it’s not just about who gets the house or bank account. It’s about how the law divides everything and how much time and energy loved ones must spend sorting it all out. Understanding the process and knowing who inherits what can help families avoid confusion and costly mistakes.
What Happens to Your Assets Without a Will?
If you die without a will, Nevada law uses a strict order to determine heirs. The estate first goes to your spouse and children. If you are married without children, your spouse typically inherits most or all of the estate. If you have children from a previous relationship, those children may receive a share alongside your current spouse. Things become even more complicated when there are blended families or estranged relatives.
Your property is also divided based on whether it’s community or separate property. Community property—assets acquired during the marriage—is usually shared between spouses. Separate property, such as inheritances or assets owned before marriage, may go to children, parents, or siblings. Without written instructions, your wishes might not matter in court. For a deeper look at how the state manages estates in these situations, see our probate overview.
How the Probate Court Decides Who Gets What
The probate court plays a central role in intestate cases. A judge will appoint a personal representative—often a family member or spouse who is responsible for managing and distributing the estate. This includes collecting assets, paying debts, and handling legal paperwork. It can be a long, stressful process for someone already dealing with grief.
The court will follow Nevada’s succession laws exactly, without room for negotiation. Even if you had shared plans or informal promises with loved ones, the court won’t consider them unless they are legally documented. For married couples or domestic partners, this can create tension, especially if extended family members claim a share. If you want more control over what happens after you’re gone, creating a will or estate plan is the only way to protect your intentions and reduce conflict.
To better understand how probate works in these cases, explore our guide on navigating probate court in Nevada.
Why You Should Act Now to Avoid Complications
Without a will, your family could be left with difficult decisions, lengthy court proceedings, and outcomes that don’t reflect your true wishes. Taking the time to plan offers clarity, control, and comfort to those you care about most. Here’s how creating a will protects your legacy and how an experienced attorney can guide you through the process.
How a Will Protects Your Loved Ones
A legally valid will puts you in control. It tells the court exactly how to distribute your assets, who should care for minor children, and who will handle your estate. With clear instructions in place, your family can avoid probate disputes, delays, and unnecessary stress. Instead of leaving decisions up to the state, you ensure that your wishes are followed.
A will can also be part of a broader estate plan that includes trusts, healthcare directives, and power of attorney documents. These tools allow you to protect your assets, avoid unnecessary taxes, and prepare for emergencies. For example, by using a trust, you can pass assets to your heirs without going through probate at all, saving both time and money. Learn more about how to shield what you’ve built with our asset protection services.
Get Help from an Experienced Probate and Estate Attorney
Drafting a will or trust may sound complicated, but it doesn’t have to be. At the Law Office of Sean M. Tanko, we walk you through each step, explain your options clearly, and tailor your plan to meet your family’s needs. Whether you’re a parent, a newlywed, or preparing for retirement, we help you make informed, confident decisions that reflect your values.
Our firm also guides through the probate process, should a loved one pass away without a will. With nearly two decades of experience in Nevada probate and estate law, we’re prepared to answer your questions and protect your best interests. Contact Sean M. Tanko today to schedule a consultation and get started with a personalized plan.
Conclusion
Dying without a will in Nevada puts your estate into the hands of the court. The state decides who inherits and how assets are divided, often without any knowledge of your relationships or final wishes. That uncertainty can lead to stress, delays, and financial hardship for your family.
Creating a will gives you the power to control what happens next. It ensures your legacy is passed on according to your intentions and spares your loved ones from unnecessary legal burdens. It’s a simple step with long-lasting protection.
Don’t wait to get your plans in order. Contact Sean M. Tanko Law Office today to begin the estate planning process. With the right guidance, you can protect what matters most on your terms.
