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If the person leaves a spouse, but no parents, descendants, or siblings, the spouse gets it all. N.R.S. 134.050(4). If the person leaves no spouse, parents, or descendants, the it all goes to the siblings, or if a sibling has died to that sibling's children.
If you pass away without a last will, you are said to have died intestate. Under these circumstances, the probate court is required to distribute your assets under the intestate succession laws. In Nevada, your spouse would get everything if you have no children.
Generally speaking, intestate succession in Nevada gives the decedent's property to the closest living relatives of the decedent, which tends to depend on whether the decedent was married or not at the time of death.
If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
Under Nevada's community property laws, a surviving spouse is entitled to one-half of the couple's community property, however, before the deceased spouse dies, he or she is free to bequeath their half of the community property to whoever they want through a will or revocable living trust.
First, if you have no children and die intestate in Nevada, your spouse would inherit your entire estate. But if you die leaving behind a spouse and one child, your spouse inherits all of your community property and half of your separate property, leaving your child the latter half of your separate property.
In Nevada, if the total amount of the deceased person's assets exceeds $20,000, or if real estate is involved, probate (or administration) will be required and there is normally no reason to delay starting the process.
Generally speaking, if you are unmarried and die intestate in Nevada and have children, your children will inherit your estate in equal shares. If you die with no children but with living parents, your estate will pass on to your parents. If your parents are not alive, the estate then goes to your siblings.
If the person leaves a spouse, but no parents, descendants, or siblings, the spouse gets it all. N.R.S. 134.050(4). If the person leaves no spouse, parents, or descendants, the it all goes to the siblings, or if a sibling has died to that sibling's children.
If you pass away without a last will, you are said to have died intestate. Under these circumstances, the probate court is required to distribute your assets under the intestate succession laws. In Nevada, your spouse would get everything if you have no children.
Disclaimer of Property Interest-Nevada
Nevada Revised Statutes
TITLE 10--PROPERTY RIGHTS AND TRANSACTIONS
CHAPTER 120 - DISCLAIMER OF INTERESTS IN PROPERTY
Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Beneficiary" means any person entitled, but for
his disclaimer, to take an interest:
(a) By intestate succession;
(b) By devise;
(c) By legacy or bequest;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) As beneficiary of a testamentary trust;
(g) Pursuant to the exercise or nonexercise of a power of appointment;
(h) As donee of any power of appointment;
(i) By right of survivorship; or
(j) As beneficiary of an inter vivos gift, whether outright or
in trust.
2. "Interest" means the whole of any property, real or personal, legal
or equitable, present or future, or any fractional part, share or particular
portion or specific assets thereof, or a joint tenancy or any other estate
in any such property, or power to appoint, consume, apply or expend property,
or any other right, power, privilege or immunity relating thereto.
3. "Disclaimer" means a written instrument which declines, refuses,
renounces or disclaims any interest which would otherwise be succeeded
to by a beneficiary.
4. "Disclaimant" means a person who executes a disclaimer. The term
includes a beneficiary and his guardian, executor, administrator or general
attorney in fact.
Title 10, Chap. 120, §120.010
(Added to NRS by 1979, 220; A 1981, 781, 1377; 1991, 1706)
Right to disclaim; requisites of disclaimer.
A beneficiary who is 18 years of age or over and competent may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this chapter.
The disclaimer must:
1. Identify the decedent or donor;
2. Describe the property or part thereof or interest therein
disclaimed;
3. Declare the disclaimer and the extent thereof; and
4. Be signed by the disclaimant.
Title 10, Chap. 120, §120.020
(Added to NRS by 1979, 220)
Time for filing.
A disclaimer to be effective must be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
1. Except as otherwise provided in subsection 3, a disclaimer
is conclusively presumed to have been filed within a reasonable time if
filed:
(a) In case of interests created by will, within 9 months
after the death of the person creating the interest.
(b) In case of interests arising from intestate succession, within
9 months after the death of the person dying intestate.
(c) In case of interests created by inter vivos trust, within 9
months after the interest becomes indefeasibly fixed.
(d) In other cases, within 9 months after the first knowledge of
the interest is acquired by a person able to disclaim.
(e) Interests resulting from the exercise or nonexercise of a testamentary
or nontestamentary power of appointment shall be deemed created by the
donee of the power.
2. If the disclaimer is not filed within the time set forth in subsection
1, the disclaimant has the burden of establishing that the disclaimer was
filed within a reasonable time after he acquired knowledge of the interest.
3. A disclaimer is conclusively presumed not to have been filed
within a reasonable time after the person able to disclaim acquired knowledge
of the interest if:
(a) An interest in the property which is in whole or in
part sought to be disclaimed has been acquired by a purchaser or encumbrancer
for value subsequent to or concurrently with the creation of the interest
sought to be disclaimed and before the disclaimer; and
(b) One year has elapsed from the death of the person dying intestate
or creating by will the interest sought to be disclaimed, or from the date
of the transfer by inter vivos gift, whether outright or in trust.
Title 10, Chap. 120, §120.030
(Added to NRS by 1979, 220)
Place of filing; acknowledgment, proof and recording.
1. The disclaimer must be filed:
(a) In case of interests created by will or arising from
intestate succession, with the district court in the county in which the
estate of the decedent is administered, and a copy must be furnished to
the personal representative of the decedent. If there is no administration,
the disclaimer must be filed with the county clerk of the county in which
administration would be proper.
(b) In case of interests created by an inter vivos trust, with
the trustee then acting, or if there is none, with the county clerk of
the county where the settlor resides, or if the settlor is dead, where
he last resided.
(c) In other cases, with the person creating the interest or his
successor or representative.
2. A disclaimer made pursuant to this chapter which affects real property
or an obligation secured by real property must be acknowledged or proved,
and recorded, in the same manner as a deed of real property. The acknowledgment
or proof, the recording, or the absence of any of these has the same effect
as for a deed of real property. Failure to file a disclaimer which is recorded
pursuant to this subsection does not affect the validity of any transaction
with respect to such real property or obligation secured thereby.
Title 10, Chap. 120, §120.040
(Added to NRS by 1979, 221)
Persons bound by disclaimer; waiver of right to disclaim.
1. A disclaimer, when effective, is binding upon the beneficiary
and all persons claiming by, through or under him.
2. A person who, under this chapter, could file a disclaimer, may
instead file a written waiver of a right to disclaim. The waiver must be
filed in the same place as the disclaimer would have been filed. The waiver,
when filed, is binding upon the beneficiary and all persons claiming by,
through or under him.
Title 10, Chap. 120, §120.050
(Added to NRS by 1979, 221)
Effect of disclaimer.
Unless otherwise provided by an express reference to the possibility of a disclaimer in the will, inter vivos trust, exercise of the power of appointment, or other written instrument creating or finally determining an interest, the interest disclaimed, and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest disclaimed shall descend, go, be distributed or continue to be held as if the beneficiary disclaiming had predeceased the person creating the interest. In every case, the disclaimer relates back for all purposes to the date of the creation of the interest.
Title 10, Chap. 120, §120.060
(Added to NRS by 1979, 221)
Acceptance of interest precludes disclaimer.
1. A disclaimer may not be made after the beneficiary has
accepted the interest to be disclaimed, but an acceptance does not preclude
a beneficiary from thereafter disclaiming all or part of any interest to
which he became entitled because another person disclaimed an interest,
if the beneficiary had no knowledge of the interest.
2. For the purposes of this chapter, if a disclaimer has not theretofore
been filed, a beneficiary has accepted an interest if he:
(a) Makes a voluntary assignment or transfer of, or contract
to assign or transfer, the interest or any part thereof;
(b) Executes a written waiver of the right to disclaim the interest;
or
(c) Sells or otherwise disposes of the interest or any part thereof
pursuant to judicial process.
Title 10, Chap. 120, §120.070
(Added to NRS by 1979, 222)
Right to disclaim: Spendthrift provisions and similar restrictions.
The right to disclaim exists irrespective of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.
Title 10, Chap. 120, §120.080
(Added to NRS by 1979, 222)
Disclaimer of interest arising before April 16, 1979.
Any interest created before April 16, 1979, which has not been accepted may be disclaimed in the manner provided in this chapter.
Title 10, Chap. 120, §120.090
(Added to NRS by 1979, 222)
Disclaimer of Property Interest-Nevada
Nevada Revised Statutes
TITLE 10--PROPERTY RIGHTS AND TRANSACTIONS
CHAPTER 120 - DISCLAIMER OF INTERESTS IN PROPERTY
Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Beneficiary" means any person entitled, but for
his disclaimer, to take an interest:
(a) By intestate succession;
(b) By devise;
(c) By legacy or bequest;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) As beneficiary of a testamentary trust;
(g) Pursuant to the exercise or nonexercise of a power of appointment;
(h) As donee of any power of appointment;
(i) By right of survivorship; or
(j) As beneficiary of an inter vivos gift, whether outright or
in trust.
2. "Interest" means the whole of any property, real or personal, legal
or equitable, present or future, or any fractional part, share or particular
portion or specific assets thereof, or a joint tenancy or any other estate
in any such property, or power to appoint, consume, apply or expend property,
or any other right, power, privilege or immunity relating thereto.
3. "Disclaimer" means a written instrument which declines, refuses,
renounces or disclaims any interest which would otherwise be succeeded
to by a beneficiary.
4. "Disclaimant" means a person who executes a disclaimer. The term
includes a beneficiary and his guardian, executor, administrator or general
attorney in fact.
Title 10, Chap. 120, §120.010
(Added to NRS by 1979, 220; A 1981, 781, 1377; 1991, 1706)
Right to disclaim; requisites of disclaimer.
A beneficiary who is 18 years of age or over and competent may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this chapter.
The disclaimer must:
1. Identify the decedent or donor;
2. Describe the property or part thereof or interest therein
disclaimed;
3. Declare the disclaimer and the extent thereof; and
4. Be signed by the disclaimant.
Title 10, Chap. 120, §120.020
(Added to NRS by 1979, 220)
Time for filing.
A disclaimer to be effective must be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
1. Except as otherwise provided in subsection 3, a disclaimer
is conclusively presumed to have been filed within a reasonable time if
filed:
(a) In case of interests created by will, within 9 months
after the death of the person creating the interest.
(b) In case of interests arising from intestate succession, within
9 months after the death of the person dying intestate.
(c) In case of interests created by inter vivos trust, within 9
months after the interest becomes indefeasibly fixed.
(d) In other cases, within 9 months after the first knowledge of
the interest is acquired by a person able to disclaim.
(e) Interests resulting from the exercise or nonexercise of a testamentary
or nontestamentary power of appointment shall be deemed created by the
donee of the power.
2. If the disclaimer is not filed within the time set forth in subsection
1, the disclaimant has the burden of establishing that the disclaimer was
filed within a reasonable time after he acquired knowledge of the interest.
3. A disclaimer is conclusively presumed not to have been filed
within a reasonable time after the person able to disclaim acquired knowledge
of the interest if:
(a) An interest in the property which is in whole or in
part sought to be disclaimed has been acquired by a purchaser or encumbrancer
for value subsequent to or concurrently with the creation of the interest
sought to be disclaimed and before the disclaimer; and
(b) One year has elapsed from the death of the person dying intestate
or creating by will the interest sought to be disclaimed, or from the date
of the transfer by inter vivos gift, whether outright or in trust.
Title 10, Chap. 120, §120.030
(Added to NRS by 1979, 220)
Place of filing; acknowledgment, proof and recording.
1. The disclaimer must be filed:
(a) In case of interests created by will or arising from
intestate succession, with the district court in the county in which the
estate of the decedent is administered, and a copy must be furnished to
the personal representative of the decedent. If there is no administration,
the disclaimer must be filed with the county clerk of the county in which
administration would be proper.
(b) In case of interests created by an inter vivos trust, with
the trustee then acting, or if there is none, with the county clerk of
the county where the settlor resides, or if the settlor is dead, where
he last resided.
(c) In other cases, with the person creating the interest or his
successor or representative.
2. A disclaimer made pursuant to this chapter which affects real property
or an obligation secured by real property must be acknowledged or proved,
and recorded, in the same manner as a deed of real property. The acknowledgment
or proof, the recording, or the absence of any of these has the same effect
as for a deed of real property. Failure to file a disclaimer which is recorded
pursuant to this subsection does not affect the validity of any transaction
with respect to such real property or obligation secured thereby.
Title 10, Chap. 120, §120.040
(Added to NRS by 1979, 221)
Persons bound by disclaimer; waiver of right to disclaim.
1. A disclaimer, when effective, is binding upon the beneficiary
and all persons claiming by, through or under him.
2. A person who, under this chapter, could file a disclaimer, may
instead file a written waiver of a right to disclaim. The waiver must be
filed in the same place as the disclaimer would have been filed. The waiver,
when filed, is binding upon the beneficiary and all persons claiming by,
through or under him.
Title 10, Chap. 120, §120.050
(Added to NRS by 1979, 221)
Effect of disclaimer.
Unless otherwise provided by an express reference to the possibility of a disclaimer in the will, inter vivos trust, exercise of the power of appointment, or other written instrument creating or finally determining an interest, the interest disclaimed, and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest disclaimed shall descend, go, be distributed or continue to be held as if the beneficiary disclaiming had predeceased the person creating the interest. In every case, the disclaimer relates back for all purposes to the date of the creation of the interest.
Title 10, Chap. 120, §120.060
(Added to NRS by 1979, 221)
Acceptance of interest precludes disclaimer.
1. A disclaimer may not be made after the beneficiary has
accepted the interest to be disclaimed, but an acceptance does not preclude
a beneficiary from thereafter disclaiming all or part of any interest to
which he became entitled because another person disclaimed an interest,
if the beneficiary had no knowledge of the interest.
2. For the purposes of this chapter, if a disclaimer has not theretofore
been filed, a beneficiary has accepted an interest if he:
(a) Makes a voluntary assignment or transfer of, or contract
to assign or transfer, the interest or any part thereof;
(b) Executes a written waiver of the right to disclaim the interest;
or
(c) Sells or otherwise disposes of the interest or any part thereof
pursuant to judicial process.
Title 10, Chap. 120, §120.070
(Added to NRS by 1979, 222)
Right to disclaim: Spendthrift provisions and similar restrictions.
The right to disclaim exists irrespective of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction.
Title 10, Chap. 120, §120.080
(Added to NRS by 1979, 222)
Disclaimer of interest arising before April 16, 1979.
Any interest created before April 16, 1979, which has not been accepted may be disclaimed in the manner provided in this chapter.
Title 10, Chap. 120, §120.090
(Added to NRS by 1979, 222)