The provisions of this chapter do not apply to the
extent that they are inconsistent with the provisions of a premarital
agreement which was executed by the decedent and the surviving spouse of
the decedent and which is enforceable pursuant to chapter 123A of NRS.
(Added to NRS by 1981, 779; A 1989, 1008; 1999, 1356 )
If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in
accordance with the right of survivorship;
2. All other community property vests as provided in NRS 123.250
; and
3. The provisions of this chapter apply only to the separate
property of the decedent.
[Part 1:198:1937; 1931 NCL § 3395.01]—(NRS A 1957, 361; 1999, 1356
)
SEPARATE PROPERTY
If a decedent dies
intestate and has title to any estate which is the separate property of
the decedent and which is not otherwise limited by contract, the estate
descends and must be distributed, subject to the payment of the debts of
the decedent, in the manner provided in NRS 134.040 to 134.120 ,
inclusive.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1981,
779; 1999, 1356 ; 2003, 2508 )
1. If the decedent leaves a surviving spouse and only one child,
or the lawful issue of one child, the estate goes one-half to the
surviving spouse and one-half to the child or the issue of the child.
2. If the decedent leaves a surviving spouse and more than one
child living, or a child and the lawful issue of one or more deceased
children, the estate goes one-third to the surviving spouse and the
remainder in equal shares to the children and the lawful issue of any
deceased child by right of representation.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2259 )
1. If the decedent leaves no issue, the estate goes one-half to
the surviving spouse, one-fourth to the father of the decedent and
one-fourth to the mother of the decedent, if both are living. If both
parents are not living, one-half to either the father or the mother then
living.
2. If the decedent leaves no issue, or father or mother, one-half
of the separate property of the decedent goes to the surviving spouse and
the other one-half goes in equal shares to the brothers and sisters of
the decedent.
3. If the decedent leaves no issue or surviving spouse, the estate
goes one-half to the father of the decedent and one-half to the mother of
the decedent, if both are living. If both parents are not living, the
whole estate goes to either the father or the mother then living.
4. If the decedent leaves no issue, father, mother, brother or
sister, or children of any issue, all of the separate property of the
decedent goes to the surviving spouse.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2259 )
If
there is no issue, surviving spouse, or father or mother, then the estate
goes in equal shares to the brothers and sisters of the decedent and to
the children of any deceased brother or sister by right of representation.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2260 )
If
the decedent leaves no issue, surviving spouse, or father or mother, and
no brother or sister living at the time of death, the estate goes to the
next of kin in equal degree, except that if there are two or more
collateral kindred in equal degree, but claiming through different
ancestors, those who claim through the nearest ancestors are preferred to
those who claim through ancestors more remote.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2260 ; 2001, 2343 )
At the death of a child who is under age, who is
without issue and who has not been married, all the other children of the
parent being also dead, if any of the other children left issue, the
estate that came to the child by inheritance from the parent descends to
all the issue of the other children of the same parent, and if all the
issue are in the same degree of kindred to the child, they are entitled
to share the estate equally; otherwise, they are entitled to take
according to the right of representation.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2260 ; 2001, 2343 ; 2003, 2508 )
If any person dies leaving several children, or
leaving a child and issue of one or more children, and any such surviving
child dies under age, without issue and not having been married, all the
estate that came to the deceased child by inheritance from the deceased
parent descends in equal shares to the other children of the same parent,
and to the issue of any other children of the same parent who may have
died, by right of representation.
(Added to NRS by 2003, 2508 )
If the decedent leaves
no surviving spouse, but there is a child or children, the estate, if
there is only one child, all goes to that child. If there is more than
one child, the estate goes to all the children of the decedent, to share
and share alike.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2260 )
If the decedent leaves no surviving spouse, but there is a child or
children and the lawful issue of a child or children, the estate goes to
the child or children and lawful issue of the child or children by right
of representation as follows: To the child or children, each a share and
to the lawful issue of each deceased child, by right of representation,
the same share that the parent would have received if the parent had been
living at the time of the death of the decedent.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2260 )
If the decedent leaves no surviving spouse, or child or children, but
there is the lawful issue of a child or children, all the estate descends
and must be distributed to the lawful issue of the child or children by
right of representation, and this rule applies to the lawful issue of all
such children, and to the lawful issue ad infinitum.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2261 )
If the decedent leaves no surviving spouse
or kindred, the estate escheats to the State for educational purposes.
[Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999,
2261 )
The degrees of kindred shall be
computed according to the rules of the civil law.
[Part 300:107:1941; 1931 NCL § 9882.300]
Kindred of the half blood
inherit equally with those of the whole blood in the same degree, unless
the inheritance comes to the decedent by descent or devise from an
ancestor, in which case all those who are not of the blood of the
ancestor are excluded from the inheritance.
[Part 300:107:1941; 1931 NCL § 9882.300]—(NRS A 1999, 2261 )
An adopted child and his adoptive
parents or their relatives shall inherit as provided in NRS 127.160
.
[Part 16:332:1953]
Whenever one spouse dies intestate, leaving heirs, if the other spouse
dies intestate after the first spouse, without heirs, leaving property,
the estate of the second spouse to die vests in the heirs of the first
spouse to die, subject to expenses of administration and payment of legal
debts against the estate.
[321:107:1941; 1931 NCL § 9882.321]—(NRS A 1981, 520; 1999, 2261
)
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