Nevada
Nevada Probate and Intestate Succession: What Happens Without a Will (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 4 primary sources cited on this page. How we verify our legal content
Nevada probate cases are filed in the state's district courts. Under NRS 136.010, venue is proper in any district court in Nevada, and where the decedent lived is only the first factor a court weighs if an interested person objects to venue on convenience grounds. Nevada is one of nine community property states, and recent legislation sharply raised the dollar thresholds for its simplified small-estate procedures, effective October 2025.
Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.
How Probate Works in Nevada
Nevada probate cases begin with a petition filed in a Nevada district court. Under NRS 136.010, a district court in any county may assume jurisdiction if the decedent was a Nevada resident at death or any part of the estate is located in Nevada, and venue is proper in any district court in the state. If an interested person objects to venue on convenience grounds, the court weighs, in order, where the decedent resided, where the decedent owned real property, the preference of the person named as personal representative or trustee in the will, and the preferences of the heirs and other interested persons. Once a district court assumes jurisdiction after a properly noticed hearing, it has exclusive jurisdiction over the settlement of that estate. Nevada has not adopted the national Uniform Probate Code and does not use "formal" or "informal" terminology the way UPC states do. Instead, Nevada's own Probate Code, NRS Title 12, Chapters 132 through 156, sorts estates into tiers based mainly on size and complexity.
The smallest estates can use the Affidavit of Entitlement, NRS 146.080, or Set-Aside Without Administration, NRS 146.070, both of which avoid a full court administration. Mid-sized estates typically qualify for Summary Administration under NRS Chapter 145, a lighter-weight court process than full administration. The largest or most complex estates, including contested matters, go through General Administration, which involves the most court oversight and the longest creditor-claim period. Senate Bill 404, effective October 1, 2025, substantially raised the dollar thresholds separating these tiers, discussed below.
Intestate Succession in Nevada: Who Inherits Without a Will
When a Nevada resident dies without a valid will, two different bodies of law apply depending on what kind of property is involved: NRS 123.250 for community property, and NRS Chapter 134 for separate property.
Community property. Nevada is one of 9 U.S. community property states. Under NRS 123.250, each spouse already legally owns an undivided one-half interest in property the couple acquired during the marriage as community property, a co-ownership that exists independent of inheritance law. When one spouse dies, the surviving spouse already owns their own half of that community property outright as separate property. Only the decedent's half of the community property actually passes by intestate succession, and if there is no will, Nevada law directs that half entirely to the surviving spouse. Property specifically held as "community property with right of survivorship" vests automatically in the survivor and does not pass through probate at all.
Separate property. For a decedent's separate property, the shares depend on who survives. NRS 134.030 routes separate-property intestacy to NRS 134.040 through 134.120, and those sections set the shares:
- If the decedent leaves a surviving spouse and exactly one child, or that child's descendants, the separate property splits evenly: one-half to the spouse and one-half to the child or descendants, under NRS 134.040(1).
- If the decedent leaves a surviving spouse and more than one child, or a child plus the descendants of a deceased child, the spouse takes one-third and the children or descendants share the remaining two-thirds by representation, under NRS 134.040(2).
- If there is a surviving spouse but no descendants, the spouse does not automatically take everything. Under NRS 134.050, the spouse takes one-half and the decedent's parents take one-fourth each if both are living, or the surviving parent takes one-half. If no parent survives either, the spouse takes one-half of the separate property and the decedent's brothers and sisters share the other half equally. The spouse takes all of the separate property only where no issue, parent, brother or sister, or children of any issue survive.
- If no spouse survives, the estate passes to the decedent's children; if none, to parents; if no parent survives, NRS 134.060 sends it to siblings and the children of any deceased sibling by representation, extending further to more distant relatives before the estate would ever escheat to the State of Nevada.
Watch out: Community property status is not automatic just because a couple lives in Nevada. Whether a specific asset counts as community property or separate property, for example property owned before the marriage, or received individually by gift or inheritance, determines which of these two sets of rules applies to it.
One way to make sure your property goes to the people you actually choose, rather than following Nevada's intestate succession order, is to have a valid will in place. recordinglaw.com's free Nevada Last Will and Testament Generator can help you create one, with no account required.
Small Estate and Simplified Probate in Nevada
Nevada significantly expanded who qualifies for its simplified probate procedures when Senate Bill 404 took effect on October 1, 2025. The Affidavit of Entitlement, under NRS 146.080, now lets a general heir or successor claim up to $25,000 in personal property, excluding vehicle value, without any court filing, and lets a surviving spouse claim up to $150,000, up from the prior $100,000 cap; either can be used starting 40 days after death but covers personal property only, not real estate. For thresholds, waiting periods and forms, see our guide to the Nevada small estate affidavit.
The Set-Aside Without Administration procedure, under NRS 146.070, available when a surviving spouse or minor children need direct access to estate assets, now covers estates up to $150,000, up from $100,000. Summary Administration, under NRS Chapter 145, a lighter court process than full administration, now covers estates up to $500,000, up from $300,000. Only estates above $500,000 require full General Administration. Readers relying on older, pre-October-2025 sources should be aware that many online guides still cite the prior, lower thresholds.
Preparing Nevada's Affidavit of Entitlement
If the personal property is within the NRS 146.080 limits ($25,000 for a general heir or successor, not counting vehicle value, or $150,000 for a surviving spouse) and 40 days have passed since the death, the affidavit needs no court filing; ask the district court clerk or the court's self-help center whether it offers an affidavit form and what the affidavit must contain before you prepare one yourself in a word processor. PDFelement is optional paid software that can convert that draft into a PDF, edit its text, and use OCR to turn a scanned account statement into editable text. It does not make a self-prepared affidavit valid or acceptable to whoever holds the property, and an e-signature does not replace any notary or witness step that applies.
Learn How PDFelement WorksAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Does Nevada Have an Estate or Inheritance Tax?
Nevada has no state estate tax and no state inheritance tax. Nevada also has no state income tax. The only death-related tax that can reach a Nevada estate is the federal estate tax, which as of 2026 applies only to the portion of an estate exceeding roughly $15 million per person, a threshold that affects a very small share of estates. Heirs and beneficiaries of a Nevada estate generally owe no state tax on what they inherit.
Do You Need a Probate Attorney?
Nevada's tiered system is designed so that genuinely small, uncontested estates, those qualifying for the Affidavit of Entitlement or Set-Aside, rarely require a lawyer. Once an estate needs Summary or General Administration or turns on a community-versus-separate property dispute, let a Nevada probate lawyer review the court process with you in a free case evaluation (attorney advertising). For a broader look at how other states compare, see Probate by State.
Disclaimer
This article provides general information about probate and intestate succession in Nevada as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Nevada, particularly for a contested estate, a dispute over community versus separate property, a business interest, or a blended family. Figures and thresholds cited, including those set by Senate Bill 404, change over time; verify current details directly with the Nevada Legislature or the District Court before relying on any figure here.
Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.
More Nevada Laws
- Nevada Child Custody Laws
- Nevada Divorce Laws
- Nevada Power of Attorney Laws
- Nevada Unclaimed Property
Frequently Asked Questions
What court handles probate in Nevada?
Nevada probate matters are filed in the state's district courts. Under NRS 136.010, a district court in any county may assume jurisdiction if the decedent lived in Nevada at death or any part of the estate is located in Nevada, and venue is proper in any district court in the state. Where the decedent lived is the first factor a court weighs if an interested person objects to venue on convenience grounds.
Does Nevada use formal and informal probate like other states?
No. Nevada has not adopted the Uniform Probate Code. It instead sorts estates by size into the Affidavit of Entitlement, Set-Aside Without Administration, Summary Administration, and General Administration.
What is Nevada's small estate affidavit threshold?
As of October 1, 2025, under Senate Bill 404, the Affidavit of Entitlement covers up to $25,000 in personal property for a general heir, or up to $150,000 for a surviving spouse.
Who inherits community property in Nevada if there's no will?
The surviving spouse already owns their own half of the community property outright. The decedent's half also passes entirely to the surviving spouse under NRS 123.250 when there is no will.
How is separate property divided in Nevada without a will?
Under NRS 134.040, a surviving spouse and one child split separate property evenly. With more than one child, the spouse takes one-third and the children share two-thirds. If there are no descendants, NRS 134.050 gives the spouse one-half and the decedent's parents, or if no parent survives the decedent's brothers and sisters, the other half. The spouse takes all of the separate property only where no issue, parent, sibling, or children of any issue survive.
Does Nevada have an inheritance tax or estate tax?
No. Nevada levies neither a state estate tax nor a state inheritance tax. Only the federal estate tax, which applies above roughly $15 million per person in 2026, can apply.
How long does probate take in Nevada?
Summary Administration, now available for estates up to $500,000, typically takes about 4 to 9 months. General Administration for larger or contested estates typically takes 6 to 18 months or longer.
Updates
Corrected the court and venue rule to NRS 136.010 (the page previously cited NRS 139.010, a qualifications statute), moved the spouse-and-children separate-property shares to their correct section NRS 134.040, and fixed the surviving-spouse-with-no-children share under NRS 134.050, which gives the spouse one-half alongside surviving parents or siblings rather than the whole separate estate.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 134: SUCCESSION
§ 134.030Descent and distribution.In forcecited in 2 of our articles
If a decedent dies intestate and has title to any estate which is the separate property of the decedent and which is not otherwise limited by contract, the estate descends and must be distributed, subject to the payment of the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Also relied on in: Nevada Small Estate Affidavit: $25,000 Limit, $150,000 for Spouses
§ 134.040Surviving spouse and issue.In forcecited in 2 of our articles
1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child. 2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Also relied on in: Common Law Marriage in Nevada: Is It Recognized? (2026)
§ 134.050Surviving spouse and no issue; no surviving spouse or issue but parent.In force
1. If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to one parent of the decedent and one-fourth to the other parent of the decedent, if both are living. If both parents are not living, one-half to the parent then living. 2. If the decedent leaves no issue or parent, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent. 3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to one parent of the decedent and one-half to the other parent of the decedent, if both are living. If both parents are not living, the whole estate goes to the parent then living. 4. If the decedent leaves no issue, parent, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1975
Opinions citing this section in our collection:
- Horten v. Keating (Nevada Supreme Court 1975, 91 Nev. 318)“…l was nullified by his subsequent ■marriage to Myrtle, then NRS 134.050(4) provides that such ■separate propert…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 134.060No issue, surviving spouse or parent but sibling.In force
If there is no issue, surviving spouse or parent, then the estate goes in equal shares to the brothers and sisters of the decedent and to the lawful issue of any deceased brother or sister by right of representation as follows: 1. To the brothers and sisters, each a share; and 2. To the lawful issue of each deceased brother and sister, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- IN RE: ESTATE OF ROBERT C. MURRAY (Nevada Supreme Court 2015, 2015 NV 8)“…siblings and their issue as his heirs under NRS 134.060 (stating that when there exists no issu…”
- Pate v. Mead (Nevada Supreme Court 1963, 79 Nev. 230)“…3 Affirmed. Badt, C. J., and McNamee, J., concur. NRS 134.060 provides that, if one dies intestate, l…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nevada Revised Statutes, Chapter 123: RIGHTS OF MARRIED COUPLES
§ 123.250Ownership of survivor upon death of spouse; disposal by will of decedent.In force
1. Except as otherwise provided in subsection 2, upon the death of either spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property. (b) The remaining interest: (1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and (2) Is the only portion subject to administration under the provisions of title 12 of NRS. 2. The provisions of this section: (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS. (b) Do not apply to community property with right of survivorship. (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975. 3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Waldman v. Maini (Nevada Supreme Court 2008, 124 Nev. 1121)“…on, based on the presumption that Susan survived him. Under NRS 123.250(l)(b)(l), because Susan survived him, S…”
- Byrd v. Lanahan (Nevada Supreme Court 1989, 105 Nev. 707)“…property without her consent. 2 However, under NRS 123.250(1)(b), each spouse has *712…”
- PASCUA VS. BAYVIEW LOAN SERV., LLC (Nevada Supreme Court 2019, 2019 NV 4)“…it is not community property. Id. Pursuant to NRS 123.250(1), upon the death of a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nevada Revised Statutes, Chapter 136: PROBATE OF WILLS AND PETITIONS FOR LETTERS
§ 136.010Determination of proper court.In force
1. Jurisdiction of the settlement of the estate of a decedent may be assumed in the district court of any county in this State if: (a) The decedent was a resident of this State at the time of death; or (b) Any part of the estate of the decedent is located in this State. 2. Venue of the settlement of the estate of a decedent is proper in any district court in this State. If an interested person objects to the venue on the basis of convenience, the court may determine the appropriate venue only after considering, in order of priority, the convenience of the forum to: (a) Where the decedent resided at the time of death; (b) Where the decedent owned real property; (c) The preference of the person named as personal representative or trustee in the will; and (d) The preference of the heirs, devisees, interested persons or beneficiaries to the decedent or estate and their legal counsel.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Bergeron v. Loeb (Nevada Supreme Court 1984, 100 Nev. 54)“…on of the decedent’s estate and trust is in conformity with NRS 136.010 which gives exclusive jurisdiction of t…”
- Fialkoff v. Nevil (Nevada Supreme Court 1964, 80 Nev. 232)“…domiciled in Paris, France, at the time of his death. NRS 136.010 reads in pertinent part as follows: “1.…”
- in Re: Guardianship of Lundy (Nevada Supreme Court 2013)“…over the probate estate. Cf. NRS 136.010(1) (providing that a will may be…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nevada Revised Statutes, Chapter 146: SUPPORT OF FAMILY; SMALL ESTATES
§ 146.080Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets.In forcecited in 2 of our articles
1. If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent’s property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Nevada Health Authority or, as applicable, the public administrator or a person employed or contracted with pursuant to NRS 253.125, on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 146.070Estates not exceeding $150,000 and estates to be distributed to trustee of nontestamentary trust: Procedure to set aside estate; exceptions; petition; notice; fees; reduction of estate by nonprobate transfer; hearing; findings; distribution of interest of minor; court-appointed designated person.In forcecited in 2 of our articles
1. All or part of the estate of a decedent may be set aside without administration by the order of the court as follows: (a) If the value of a decedent’s estate does not exceed $150,000, the estate may be set aside without administration by the order of the court; or (b) If a decedent’s will directs that all or part of the decedent’s estate is to be distributed to the trustee of a nontestamentary trust established by the decedent and in existence at the decedent’s death, the portion of the estate subject to such direction may be set aside without administration. Any portion of a decedent’s estate set aside to the nontestamentary trust pursuant to this paragraph is subject to creditors of the estate unless the petitioner provides proof to the court that the trustee has published or mailed the requisite notice to such creditors on behalf of the nontestamentary trust and settlor pursuant to NRS 164.025.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- King v. Costello (Nevada Supreme Court 2018)“…tioned to set aside his estate without administration under NRS 146.070(2) 1 because the value of his estate di…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Nevada Revised Statutes, Chapter 146: SUPPORT OF FAMILY; SMALL ESTATES § 146.005 (Effect of premarital agreement between decedent and surviving spouse.) · Nevada Revised Statutes, Chapter 134: SUCCESSION § 134.005 (Applicability of chapter as between spouses with premarital agreement.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- Nevada Revised Statutes, Chapter 134 (Succession)(leg.state.nv.us).gov
- Nevada Revised Statutes, Chapter 146 (Disposition of Estates Without Administration)(leg.state.nv.us).gov
- Nevada Courts Self-Help Center, "Small Estates: Affidavit of Entitlement"(selfhelp.nvcourts.gov).gov
- Nevada Courts Self-Help Center, Probate Overview(selfhelp.nvcourts.gov).gov
- LegiScan, Nevada Senate Bill 404 (2025) full text(legiscan.com)
- Short & Stevens Law, "Nevada Probate Thresholds Increase Dramatically in October 2025: What Changed Under SB 404"(shortandstevenslaw.com)
- Nevada Revised Statutes, Chapter 136 (Probate of Wills and Letters Testamentary and of Administration), NRS 136.010 (Determination of proper court)(leg.state.nv.us)
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