Intestate Succession Laws in Nevada

In Nevada, a surviving spouse keeps half of the community property and inherits the deceased's half when there is no will, while the deceased's separate property is split: one-half to the spouse with one child, one-third with two or more children, and one-half with surviving parents. Nevada is a community property state.

Last checked October 2026. General information, not legal advice.

Spouse share with shared children: 1/2 of separate property (1 child), 1/3 (2+ children); Applies to separate property only. The decedent's half of community property goes to the spouse when there is no will.
Spouse takes all with shared children: No
Spouse share with parents, no descendants: 1/2 of separate property; parents take 1/2; The decedent's half of community property still goes to the spouse when there is no will.
Community property state: Yes; The surviving spouse owns half of the community property and takes the other half absent a will.

Sources

Last checked October 2026

The rules in Nevada

How much does a surviving spouse inherit in Nevada when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Nevada: 1/2 of separate property (1 child), 1/3 (2+ children). Applies to separate property only. The decedent's half of community property goes to the spouse when there is no will.

Does a surviving spouse in Nevada inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Nevada: no.

How much does a surviving spouse inherit in Nevada when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Nevada: 1/2 of separate property; parents take 1/2. The decedent's half of community property still goes to the spouse when there is no will.

Is Nevada a community property state?

Yes. Community property state in Nevada: yes. The surviving spouse owns half of the community property and takes the other half absent a will.

Where do the Nevada intestate succession laws come from?

The rules above come from Nev. Rev. Stat. 134.010, Nev. Rev. Stat. 134.040, Nev. Rev. Stat. 134.050 and Nev. Rev. Stat. 123.250. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under NRS 134.010 the intestacy rules of chapter 134 apply only to the decedent's separate property; community property with right of survivorship passes by survivorship.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

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