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What happens when someone dies without a will?

On Behalf of | Aug 15, 2022 | Estate Planning

When you die intestate (without a will), there may be confusion regarding the division of your estate. It can set off conflict, especially where there are disagreements among the beneficiaries.

Fortunately, there are laws that address such situations where someone dies without leaving a will behind. The state’s inheritance laws will come into play and determine how the estate will be divided among the deceased beneficiaries.

Who gets what in Nevada?

Your kin is the legally recognized beneficiaries of your estate when you die without a will in Nevada. However, there is a pecking order, depending on your relationship with them. Spouses, parents and children get first priority.

Do you have a living spouse, parents or children?

If you die intestate with children but no spouse or living parents, the children inherit everything equally. Similarly, spouses and living parents will inherit your estate if the other parties are missing. 

If you have no living spouse and one child, they will equally split your personal property. Where there is more than one child, the spouse is entitled to a third of your personal property, while the children share the remainder.

It is important to note that if you do not leave a will or testamentary disposition in Nevada, your spouse is entitled to all community property and a portion of your personal property, relative to the number of other beneficiaries. In addition, your grandchildren are entitled to their parent’s share if they (your son or daughter) are not alive to receive it.

Avoid the uncertainty

If you don’t have a will and a solid estate plan, your family could experience a lot of confusion and hardship upon your death. You can eliminate that possibility by taking action now to get your affairs in order.