If you die without a will in Reno, Nevada, the state’s intestate succession laws under NRS Chapter 134 determine who inherits your property — not your family, not your wishes. For married couples, community property generally passes to the surviving spouse, but separate property may be divided between your spouse, children, and even parents. Understanding how these laws apply in Washoe County can motivate you to create an estate plan that actually reflects what you want.
What Does It Mean to Die “Intestate” in Nevada?
Dying intestate means dying without a valid will or trust in place. When this happens in Reno or anywhere in Nevada, the courts do not guess at what you would have wanted. Instead, the Second Judicial District Court in Washoe County applies a rigid set of statutory rules found in NRS Chapter 134 to determine who inherits your probate assets.
These rules follow a strict hierarchy based on family relationships. Your surviving spouse, children, parents, siblings, and more distant relatives each have a defined place in the line of inheritance. The rules do not account for your personal relationships, your promises to family members, or any informal agreements you may have made during your lifetime.
For Reno families, the consequences of dying intestate can be significant. The probate process takes longer without a will to guide distribution. There is more room for family disputes. And the people who ultimately inherit your property may not be the people you would have chosen.
How Does Nevada Divide Your Property If You Have No Will?
Nevada is a community property state, and this distinction fundamentally shapes how your estate is distributed when you die without a will. There are two categories of property that follow different rules: community property and separate property.
Community property is generally any asset acquired during your marriage. Under NRS 123.250, when one spouse dies, the surviving spouse automatically owns their half of the community property. The deceased spouse’s half of the community property passes to the surviving spouse as well if there is no will directing it elsewhere.
Separate property is different. This includes assets you owned before marriage, inheritances you received individually, and gifts made specifically to you. Under NRS Chapter 134, separate property follows the intestate succession hierarchy, which means your surviving spouse may not receive all of it.
Here is how Nevada divides separate property when there is no will:
If you leave a surviving spouse and one child, your separate property is split evenly — one-half to your spouse and one-half to your child, under NRS 134.040.
If you leave a surviving spouse and more than one child, your spouse receives one-third of your separate property. The remaining two-thirds is divided equally among your children.
If you leave a surviving spouse but no children, and your parents are living, your spouse receives one-half and your parents receive the other half, under NRS 134.050.
If you leave a surviving spouse but no children and no surviving parents, your spouse inherits all of your separate property.
If you have no surviving spouse, your children inherit everything equally. If you have no spouse and no children, the estate passes to your parents, then siblings, and then more distant relatives.
What Happens to Your Children’s Inheritance Without a Will in Reno?
If you die without a will and have minor children, the intestate succession laws still entitle them to their share of your separate property. However, because they are minors, they cannot receive or manage those assets directly. The court will typically require a guardianship of the estate to be established, which means a court-appointed guardian manages the funds on the child’s behalf until they reach the age of 18.
This is one of the most concerning consequences of dying without a will for Reno parents. Without a will, you cannot name a guardian for your children. The court makes that decision based on what it determines is in the child’s best interest. That may or may not align with your preferences. Family members may disagree, leading to contested guardianship proceedings in Washoe County that are emotionally and financially draining.
With a will, you can name a specific guardian and include instructions about how you want your children raised. With a trust, you can also control when and how your children receive their inheritance — at age 25, in installments, for education expenses only, or whatever structure makes sense for your family.
How Does Intestacy Affect Blended Families in Reno?
Blended families face some of the most complicated outcomes under Nevada’s intestate succession laws. If you have children from a previous relationship and you remarry without creating a will or trust, the default rules may produce results that no one in your family anticipated.
For example, if you die with a surviving spouse and two children from a prior marriage, your spouse receives one-third of your separate property and your children split the remaining two-thirds. Your surviving spouse has no obligation to preserve or pass on any of their share to your children.
Stepchildren do not inherit under Nevada’s intestacy laws unless they were legally adopted by the deceased. This means children you raised and considered your own may receive nothing from your estate if there is no will or trust naming them as beneficiaries.
For blended families in the Reno and Sparks area, estate planning is not optional — it is the only way to ensure that all of the people you care about are provided for in the way you intend.
What Assets Are Not Affected by Intestacy Laws?
Not everything you own passes through the intestate succession process. Certain assets transfer automatically to named beneficiaries or surviving co-owners regardless of whether you have a will. These are called non-probate assets.
Common non-probate assets include life insurance policies with named beneficiaries, retirement accounts such as 401(k)s and IRAs with designated beneficiaries, bank accounts with pay-on-death designations, real property held in joint tenancy with right of survivorship, and assets held inside a revocable living trust.
For Reno residents, this is an important distinction. If most of your wealth is in non-probate assets, the intestate succession rules may have a limited impact on your estate distribution. However, any asset that does not have a beneficiary designation or survivorship feature — including real property held in your name alone, personal property, and individually titled bank accounts — will go through probate and be distributed according to NRS Chapter 134.
This is why estate planning attorneys in Reno consistently recommend reviewing your beneficiary designations alongside your will and trust to make sure everything works together as a unified plan.
What Happens If You Have No Living Relatives in Nevada?
If you die without a will and without any living relatives, Nevada law provides that your entire estate escheats to the State of Nevada for educational purposes under NRS 134.120. In practice, this is extremely rare because the intestacy laws cast a wide net. Your property will pass to even distant relatives — including cousins — before the state inherits anything.
However, the risk of escheat underscores a broader point: without a will, you have no say in where your assets go. Even if escheat is unlikely, the intestate succession rules may still distribute your property in ways you never intended. A simple will or a revocable trust eliminates that uncertainty entirely.
How Does the Probate Process Work in Washoe County Without a Will?
When someone dies without a will in Reno, a family member or interested party must petition the Second Judicial District Court in Washoe County to open a probate case. The court appoints a personal representative — sometimes called an administrator — to manage the estate.
The personal representative is responsible for inventorying the deceased person’s assets, notifying creditors, paying valid debts, and distributing the remaining assets according to the intestate succession rules. Nevada law requires a creditor claim period during which creditors can file claims against the estate.
The entire process can take several months to over a year, depending on the complexity of the estate and whether any disputes arise among potential heirs. Without a will, disputes are more common because there is no documented expression of the deceased person’s wishes.
For estates valued under $100,000, Nevada offers a simplified alternative under NRS 146.080 called summary administration. In some cases, heirs can use an affidavit for collection of personal property to claim assets without a full probate proceeding. But for most families in the Reno area with real estate, retirement savings, or other significant assets, a full probate case is likely.
Frequently Asked Questions About Dying Without a Will in Nevada
Does my spouse automatically inherit everything if I die without a will in Nevada? Not necessarily. Your surviving spouse inherits all community property, but your separate property is divided according to NRS Chapter 134. If you have children, your spouse may receive only one-half or one-third of your separate property. The rest goes to your children.
Do stepchildren inherit in Nevada if there is no will? No. Under Nevada intestacy laws, stepchildren do not inherit unless they were legally adopted by the deceased. If you want your stepchildren to receive part of your estate, you must name them in a will or trust.
What is the difference between community property and separate property in Nevada? Community property is generally any asset acquired during marriage. Separate property includes assets you owned before marriage, inheritances, and gifts received individually. Nevada’s intestate succession laws under NRS Chapter 134 apply only to separate property. Community property passes to the surviving spouse under NRS 123.250.
Can I avoid intestacy by having a revocable living trust? Yes. Assets held in a properly funded revocable living trust pass directly to your named beneficiaries without going through probate or being subject to intestate succession laws. This is one of the most effective ways for Reno families to maintain control over their estate distribution.
What if someone dies without a will and with no family in Nevada? If there are absolutely no surviving relatives, the estate escheats to the State of Nevada for educational purposes under NRS 134.120. This is rare, but it does happen when no heirs can be identified.
Are half-siblings treated differently under Nevada intestacy law? No. Under NRS 134.160, half-siblings inherit the same as full siblings. Nevada law does not distinguish between siblings who share both parents and those who share only one.
About Kalicki Collier — Estate Planning and Probate Attorneys in Reno, NV
Kalicki Collier helps Reno families protect their assets, plan for the future, and navigate the probate process with confidence. The firm serves clients throughout Reno, Sparks, Spanish Springs, and all of Washoe County with a focus on estate planning, wills and trusts, probate administration, and asset protection.
If you do not yet have a will or estate plan, or if your existing plan needs updating, contact Kalicki Collier today to schedule a consultation. Taking action now prevents the state from making decisions that should be yours to make.