Nobody plans to die without a will. But it happens more often than most people realize. A family member passes unexpectedly, and suddenly the people left behind are dealing with grief, confusion, and a legal process they never expected to navigate. If you’re in this situation right now, you’re not alone — and understanding what comes next can help you take the right steps.

Nevada’s Intestate Succession Laws

When someone dies without a will in Nevada, the state decides who inherits their property. This is called “intestate succession,” and it follows a strict order laid out in Nevada Revised Statutes Chapter 134.

If the person who passed was married and all their children are also children of the surviving spouse, the spouse inherits everything. If there are children from another relationship, the spouse gets half and the children split the other half. If there’s no spouse, the estate passes to children, then parents, then siblings, and so on down the family tree.

The biggest surprise for most families? Common-law partners, stepchildren, and close friends inherit nothing under intestate law — no matter how close the relationship was. Only legal spouses and blood or adopted relatives are recognized.

The Probate Process Without a Will

Without a will, someone still needs court authority to manage the deceased person’s assets. A family member — usually a spouse or adult child — petitions the court to be appointed as “administrator” of the estate. This triggers a formal probate proceeding.

In Nevada, probate typically takes a minimum of four to six months. The court requires a 90-day creditor notice period, during which anyone the deceased owed money to can file a claim against the estate. After that window closes, the administrator can begin distributing assets to the rightful heirs.

For smaller estates, Nevada does offer shortcuts. If the estate is valued under $25,000 in personal property, heirs may be able to use a simple affidavit instead of going through full probate. Estates under $100,000 may qualify for a “set aside” procedure, and estates under $300,000 can often use summary administration, which is faster and less expensive than a full proceeding.

Why This Matters for Your Family

Dying without a will doesn’t just create paperwork — it creates conflict. When the law decides who gets what, the outcome may not match what your loved one actually wanted. Family disagreements over property, bank accounts, and personal belongings become far more common when there’s no written plan.

It also means the court chooses who manages the estate, which can lead to disputes among family members who each believe they should be in charge. These disagreements can drag out probate for months or even years.

What You Should Do Right Now

If you’ve recently lost a family member who didn’t leave a will, the most important step is to consult with a probate attorney before making any decisions about the estate. Moving assets, closing accounts, or distributing property without court authority can create serious legal problems.

And if this situation has made you realize that you don’t have a will of your own, now is the time to fix that. A basic estate plan doesn’t have to be complicated or expensive — but it does have to exist.

Common Misconceptions About Dying Without a Will

Many people assume that their spouse will automatically get everything. That’s only true in specific circumstances under Nevada law. If there are children from a prior relationship, the surviving spouse may only receive half. Others assume that because they don’t own much, probate won’t apply. But probate isn’t just about big estates — any bank account, vehicle, or piece of real property titled solely in the deceased person’s name may need to go through the process.

Another common myth is that a beneficiary designation on a life insurance policy or retirement account replaces the need for a will. Those designations only cover those specific accounts. Everything else — your car, your furniture, your home if it’s not in a trust — is subject to intestate succession without a will.

TriLaw has guided over 500 Nevada families through probate. If you need help navigating this process, call (702) 337-3333 or book a consultation at trilawnv.com.