The reassuring answer is that Nevada law has already anticipated this. Dying without a will does not mean there are no rules — it means the state’s rules apply instead of the decedent’s. Understanding those rules is the first step toward knowing what to expect.
What “intestate” means
When someone dies with a valid will, the estate is described as testate. When someone dies without one, the estate is intestate, and Nevada’s laws of intestate succession determine who inherits.
Two things are worth clearing up right away. First, an intestate estate still goes through the same probate court process as a testate one — there is no separate, simpler track just because a will is missing. Second, the state does not simply claim the assets. Nevada looks for surviving family members in a defined order, and property passes to the state only in the rare case where no eligible relative can be located at all.
Community property comes first
Nevada is a community property state, and this distinction shapes everything that follows.
Broadly speaking, community property is what a married couple acquired during the marriage. Separate property is what a spouse owned before marriage or received individually by gift or inheritance. When someone dies without a will, the decedent’s share of the community property generally passes to the surviving spouse. Separate property is distributed according to the intestacy statutes, and that distribution depends on which relatives survive.
This is why two intestate estates of identical value can be divided very differently. The character of the assets matters as much as their amount, and sorting that out is often the first real work of an intestate administration.
Who inherits when there is no will
Nevada’s intestacy scheme works outward from the closest relatives to the more distant ones. In general terms, the order looks like this:
- A surviving spouse and no children — the spouse typically inherits the entire estate.
- A surviving spouse and children — the estate is divided between them, with the spouse’s share depending on how many children survive.
- Children and no spouse — the children inherit in equal shares, with a deceased child’s share generally passing to that child’s own descendants.
- No spouse and no children — the estate passes to parents, then to siblings, then outward to more distant relatives.
These are the general contours, not a substitute for advice on a specific estate. Blended families, stepchildren, adopted children, children from a prior relationship, and property owned in more than one state can all change the analysis considerably. If any of those apply, the distribution is worth confirming before anyone relies on it.
Someone still has to be appointed
A will usually names an executor. Without a will, no one has been designated, so the court must appoint an administrator to manage the estate. The administrator does the same work an executor would: gathering and valuing assets, notifying heirs and creditors, paying valid debts and taxes, and distributing what remains.
Nevada sets a statutory order of priority for who may be appointed, generally beginning with the surviving spouse and moving outward through the decedent’s family. That priority order was revised by Senate Bill 404, which took effect on October 1, 2025, along with new requirements for petitioners who are not family members. If more than one relative wants to serve — or if a non-family petitioner has come forward — the appointment itself can become the first contested issue in the case. We cover this in more detail in our guide to who can serve as personal representative in Nevada.
Does a small intestate estate still require full probate?
Not necessarily. The absence of a will does not by itself determine which probate track applies — the value of the probatable assets does.
Nevada offers four tracks, ranging from a small estate affidavit that avoids court entirely to a full general administration, and the dollar thresholds for each were raised by SB 404. An intestate estate that falls under the lower limits may qualify for a much faster and less expensive process than families expect. You can see how the tiers work in our breakdown of Nevada’s probate thresholds after SB 404.
What often goes wrong in intestate estates
In our experience, disputes in intestate administrations tend to cluster around a few recurring issues:
- Unmarried partners. Nevada’s intestacy statutes recognize spouses, not long-term partners. A partner who is not a legal spouse generally does not inherit, regardless of how long the relationship lasted.
- Assumptions about verbal wishes. What the decedent said they wanted carries no legal weight if it was never put into a valid will or trust.
- Estranged relatives. Intestacy follows the statute, not family relationships. A relative who had no contact for decades may still inherit.
- Missing wills. Sometimes a will exists but no one can locate it. Before assuming an estate is intestate, it is worth a thorough search of safe deposit boxes, home files, and any attorney the decedent may have worked with.
Preventing this for your own family
If reading this has you thinking about your own situation, that instinct is a good one. A will lets you name the people who inherit and the person who administers your estate, rather than leaving both to a statutory default. A properly funded trust can go further, keeping assets out of probate altogether.
Neither is complicated to put in place, and both are considerably easier than what your family would otherwise navigate. Our overview of what a complete estate plan includes is a good starting point.
Getting help with an intestate estate
Administering an estate without a will is manageable, but it involves real deadlines, statutory requirements, and decisions that are difficult to undo once made. If you are facing that responsibility, or you believe you may be an heir to an estate with no will, our attorneys can help you understand where you stand.
Solomon Dwiggins Freer & Steadman, LTD. has represented heirs, beneficiaries, and personal representatives in Nevada estate matters for decades. You can learn more about how our firm guides families through Nevada probate, or reach our Las Vegas office at (702) 853-5483 to arrange a consultation.