Who Are Next Of Kin In Nevada?

For purposes of intestate succession and inheritance under Nevada law, the terms “next of kin” and “heirs at law” are used interchangeably.  The next of kin intestate heirs in Nevada are:

  1. Surviving spouse
  2. Children
  3. Parents
  4. Siblings

What Next of Kin Heirs Inherit In Nevada?

The next of kin heirs that stand in line to inherit under the intestate succession laws of Nevada depend on the other people that survived the decedent.  Certain next of kin heirs have preference over others, as set forth in the chart below.

Survivors of the Decedent

Share of Intestate Estate

Spouse only

–          100% to spouse

Spouse and one child

–          All community property to spouse

–          1/2 of separate property to spouse

–          1/2 of separate property to child

Spouse and two or more children

–          All community property to spouse

–          1/3 of separate property to spouse

–          2/3 of separate property to children, divided equally among them

Spouse and parents

–          All community property to spouse

–          1/2 of separate property to spouse

–          1/2 of separate property to parents

Spouse and siblings, no parents

–          All community property to spouse

–          1/2 of separate property to spouse

–          1/2 of separate property to siblings

Children only, no spouse, parents, or siblings

–          All to children

Parents only, no spouse, children, or siblings

–          All to parents

Siblings only, no spouse, children, or parents

–          All to siblings

No issue, surviving spouse, or immediate family

–          Next of kin in equal degree

The Nevada intestate succession laws can be found at Nevada Revised Statutes Chapter 134 (separate property).  NRS 123.250 governs community property upon death of a spouse in the absence of a testamentary disposition – all of the community property goes to the surviving spouse.

What Assets Do Next of Kin Intestate Heirs Inherit?

The intestate succession laws of Nevada govern the assets that are in a decedent’s probate estate.  Therefore, if a Nevada decedent dies without any assets that have to go through probate, the next of kin intestate heirs would have nothing to inherit from the probate estate.

For example, if a decedent died with a separate property bank account that had a pay on death beneficiary on it, the account would pass outside of probate and directly to the named beneficiaries.  See the Probate and Non-Probate Assets Chart.

Other assets that pass outside of probate include most life insurance policies, retirement accounts, and assets in a revocable trust.

Will The State of Nevada Get Your Property?

It is exceedingly rare for the state to inherit your property.  In order for property to “escheat” to the State of Nevada, the decedent would have to die without even the most distant of relatives.  The intestate succession laws of Nevada make it very difficult for the state to inherit property, because in most cases there is a next of kin heir in line to inherit.

NRS 134.120 provides that:

If the decedent leaves no surviving spouse or kindred, the estate escheats to the State for educational purposes.

A Nevada probate lawyer can help you determine your standing as next of kin and advise you of any rights you may have in a decedent’s estate.