What happens if someone in Nevada dies without a will? A common misconception is that the state automatically gets a person’s assets, but that’s not true. Intestate Succession statutes are laws that come into play when someone passes away without a will. If you pass away without a will, then you don’t have a plan in place to tell the world who gets your stuff. Therefore, the court is going to have to look to the statutes to determine who gets what and those statutes or those laws are called intestate succession statutes.
For example, if a married person passes away in Nevada and is survived by their spouse but no children and there is no will then, under the law, the spouse would get 100% of the assets of the decedent. If you pass away and you are survived by a child and a spouse then they split your assets equally. Of course, community assets will go directly to the spouse. If you pass away and you have no spouse or children then the law says that the parents get your assets. If there are no surviving parents then it goes to siblings. This continues down the line. If a person passes away and the court is unable to find any heirs then the State of Nevada obtains the assets.
It is important to have an estate plan in place so that your assets go to the people you want them to go to. We are always available to discuss your estate planning needs.
Visit our website for more information on Las Vegas estate planning. To schedule a complimentary, 15-minute phone consultation with our Las Vegas estate planning attorneys call (702) 323-6354, or fill out our contact form.