What Happens if You Die Without a Will in Nevada?

Thinking about death is not exactly fun. But if you have ever wondered what would happen to your money, your home, your personal property or even your dog if you were suddenly gone, you are already asking the right question.

And if you live in Nevada and do not have a will in place? Well, the state has a plan for you. But it might not be the plan you would have chosen.

What is Intestacy? Understanding Intestate Succession in Nevada

James, a 62-year-old retired electrician living in Reno, passed away unexpectedly. He never got around to writing a will. He always told his sister that she could have his truck, and he assumed his longtime partner would inherit the house. But since James never made anything official, none of that matters now. The court is not interested in what James meant. The court is only interested in what’s written down. With no will, his estate enters the intestacy process, and Nevada law takes over.

Intestacy refers to the legal process that occurs when someone dies without a valid will. In legal terms, that person is said to have died intestate. When this happens, the court uses a predefined set of laws—known as intestate succession laws—to determine who will inherit the deceased person’s property.

So what does that mean? What happens when someone dies without leaving instructions? Let’s break it down.

What Does “Dying Without a Will” Mean?

When a person dies without a will, it is called dying intestate. That simply means there is no written document stating your final wishes, no say in who gets your stuff, who takes care of your kids, or how things should be handled.

And in Nevada? That opens the door to intestate succession laws, which is a legal blueprint the state uses to decide who inherits your estate when you have not left instructions.

Who Makes the Decisions in Case of a Death Without a Will?

Without a will, you do not get to appoint someone you trust to carry out your wishes. Instead, the probate court steps in and appoints an administrator who is often a close family member, but not always the person you would pick.

This court-supervised process handles everything from identifying your assets, paying your debts, and distributing what is left to your heirs. The problem? The court uses Nevada’s legal guidelines, not your personal preferences.

So, if you had promised your cousin your car or always meant to leave a gift to charity? Too late. After dying without a will, those wishes likely would not be honored.

Dying Without a Will: What Happens to Property and Assets?

Maria, a single mother of two, owned a small home in Las Vegas and had a few savings accounts, a car, and some jewellery passed down from her grandmother. When she suddenly passes away without a will, her family is not just left grieving, but they are also left guessing. Who gets what? Who is in charge of handling the bills and paperwork? After a death without a will, Nevada does not wait for the family to sort it out informally. Instead, it steps in and starts dividing Maria’s estate based on a legal formula.

Let’s look at what that formula looks like, depending on your family situation.

Who Inherits the Estate in Nevada if You Die Without a Will?

The exact process and who inherits can vary, depending on the state, but in Nevada, this is how it is decided who gets what:

• Married with no kids? Your surviving spouse gets all community property and half (or more) of your separate property. The rest could go to your parents or siblings.
• Married with kids? Your spouse typically keeps the community property, and your separate property gets divided between them and your spouse’s children (if jointly shared), or your biological/adopted children.
• Single with kids? Your kids split the estate in equal shares, unless otherwise specified.
• Single, no kids? Nevada looks to your surviving parent, then siblings, then nieces and nephews, working its way up and down the family tree.

No living relatives? Your entire estate “escheats” to the state. Yep, Nevada keeps everything.

Debts Don’t Just Disappear

Some people think dying means you get to escape your bills. Not quite.

When you die without a will, your estate is still responsible for paying off your debts, including credit cards, loans, real estate mortgages, and even taxes, before anything goes to your family. The probate court handles this as part of the Nevada probate process, which includes identifying assets, paying debts, and distributing what’s left to heirs.

What Happens if You Die Without a Will: Unmarried or Don’t Have Children?

If you are unmarried and child-free, your estate would not just vanish, but it would go to your legal next of kin.

That might mean your parents, or if they have passed, your siblings. If your siblings are not around, it could go to nieces, nephews, cousins, or even more distant relatives. It depends on who is still living and how closely they are related to you.

Bottom line? If you do not decide who gets what, Nevada law does.

Death without a Will: What About Minor Children?

This is where things can get stressful. If you have kids under 18 and no will naming a legal guardian, the court steps in to decide who will raise them in case of your death without a will. And while the court does its best to act in the child’s best interest, it may not choose the person you would have.

So even if you are not super worried about your belongings, this is one reason people often write a will is to protect and guide the future of their kids.

Death without a Will: Stepchildren or Unadopted Children

Here is where it gets tricky and sometimes heartbreaking.

Under Nevada’s intestacy laws, stepchildren or unadopted children are not recognised as legal heirs unless you have formally adopted them. Even if they have been part of your family for years, they would not inherit a thing unless you have created a valid will or trust naming them.

That is why having an estate plan is so important, as it lets you define your family, not the state.

What About Domestic Partners?

Nevada does not automatically treat domestic partners the same as married couples when it comes to intestate succession. Unless you have legally registered your domestic partnership or created a valid estate plan, your partner may not inherit anything, even if you have lived together for years.

How to Avoid Dying Without a Will in Nevada?

The easiest way to avoid this mess? Create a will.

Seriously, that is it.

A simple will allows you to:

• Decide who gets your property
• Appoint someone you trust to manage your estate
• Name guardians for your minor children
• Leave instructions for things like pets, family heirlooms, and personal wishes

Better yet, speak with a Las Vegas estate planning attorney who understands Nevada law. They can help you put together a comprehensive plan, whether that is a will, a living trust, or both, to make sure your loved ones are not left in a legal limbo.

Learn more about the requirements of a will from our Lawyer, Lee A. Drizin

Pro tip? If you already have a will, review and update it every few years or after major life events like marriage, divorce, or the birth of a child.

Creating a will is not about expecting the worst; it is about preparing for the future. It is a way to care for your family, protect what you have worked hard for, and make sure your voice is heard long after you are gone. Take the time. Make a plan. Because your legacy deserves more than guesswork. And if you’re unsure where to begin, consulting a probate attorney can help you understand your options and avoid costly mistakes down the line.