What the rule says
Nevada's intestacy framework reflects its status as a community property state. Under Nev. Rev. Stat. § 134.040 et seq., the formula treats community and separate property differently:
Community property
The surviving spouse takes the entire community property — both halves. The decedent's one-half community interest passes to the surviving spouse.
Separate property
- Spouse but no descendants: The spouse takes the entire separate property. - Spouse and one descendant: The spouse takes one-half of the separate property; descendant takes one-half. - Spouse and two or more descendants: The spouse takes one-third of the separate property; descendants take two-thirds (divided equally). - Descendants but no spouse: Descendants take the entire estate by representation.
Nevada's framework mirrors community property states like California and reflects the policy that community property is jointly earned and should pass to the surviving spouse.
What this means in practice
- Nevada resident dies without a will, leaving a surviving spouse and three mutual children. Estate: $300,000 community property + $300,000 separate property. Spouse takes all $300,000 community property + $100,000 separate property (1/3) = $400,000. Children together take $200,000 separate property. - Nevada resident dies without a will, leaving a surviving spouse and one child. Estate: $200,000 separate property only. Spouse takes $100,000 (1/2). Child takes $100,000.
What you can do about it
- Nevada will requirements (Nev. Rev. Stat. § 133.040). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Nevada recognizes holographic wills under § 133.090 — entirely handwritten and signed. - Nevada recognizes electronic wills under § 133.085 — Nevada was an early adopter of electronic will legislation. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - No spousal elective share for community property states. Surviving spouse already owns half of community property.
Who this affects most
Nevada intestacy is most consequential for married Nevada residents with significant separate property and blended families with descendants from multiple relationships.