no will (intestacy)

If a family member dies without a will in Nevada, the state’s intestate succession laws will go into effect. Intestate succession is the process by which an estate is distributed to beneficiaries when no will can be located. All real property of the decedent will enter probate. In the interim, the property left behind will likely be transferred to a living spouse, children, or relative while probate proceeds.

The probate process will proceed, with debts being paid out of the estate. The remaining property and assets will follow the laws of Nevada. In these cases, certain allocations will be made. For example, if a married person who has no family aside from their spouse, dies without a will in Nevada, the surviving spouse will receive assets. If a person is unmarried, without children but has living parents, the parents will be the beneficiary of the estate. Married individuals who have children, will have their assets divided between the spouse and their children. Other rules exist for other situations, including for siblings, and other family members of the decedent.

In cases where a person dies without a will in Nevada, and no survivor comes forward to claim the decedent’s property, the property will go to the State of Nevada through a process called escheat. This is incredibly rare, as surviving family members may claim the property for six years after the decedent has passed.

Regardless of the value of the property you own, it is in your best interest to have a will. Although a will does not prevent probate, it does allow you to have more control over what happens to your property after you die.

The Law Offices of Daniel Potucek have helped countless individuals in Henderson and Las Vegas to create a will that states your express wishes for how your property should be distributed after your death. Contact our experienced probate, wills, and trust attorneys at The Law Offices of Daniel Potucek today at 702.558-3400.