NRS 134.210 Vestingof estate if both spouses die intestate.
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GENERAL PROVISIONS
NRS 134.005Applicabilityof chapter as between spouses with premarital agreement. The provisions of this chapter do not apply to the extentthat they are inconsistent with the provisions of a premarital agreement whichwas executed by the decedent and the surviving spouse of the decedent and whichis enforceable pursuant to chapter 123A ofNRS.
(Added to NRS by 1981, 779; A 1989, 1008; 1999, 1356)
NRS 134.010Vestingupon death of spouse; applicability of chapter only to separate property. If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vestsin 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 theseparate property of the decedent.
[Part 1:198:1937; 1931 NCL 3395.01](NRS A 1957,361; 1999, 1356)
SEPARATE PROPERTY
NRS 134.030Descentand distribution.If a decedent dies intestateand has title to any estate which is the separate property of the decedent andwhich is not otherwise limited by contract, the estate descends and must bedistributed, subject to the payment of the debts of the decedent, in the mannerprovided 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)
NRS 134.040Survivingspouse and issue.
1. If the decedent leaves a surviving spouse and onlyone child, or the lawful issue of one child, the estate goes one-half to thesurviving spouse and one-half to the child or the issue of the child.
2. If the decedent leaves a surviving spouse and morethan one child living, or a child and the lawful issue of one or more deceasedchildren, the estate goes one-third to the surviving spouse and the remainderin equal shares to the children and the lawful issue of any deceased child byright of representation.
[Part 297:107:1941; A 1945, 349; 1943 NCL 9882.297](NRS A 1999,2259)
NRS 134.050Survivingspouse and no issue; no surviving spouse or issue but parent.
1. If the decedent leaves no issue, the estate goesone-half to the surviving spouse, one-fourth to the father of the decedent andone-fourth to the mother of the decedent, if both are living. If both parentsare not living, one-half to either the father or the mother then living.
2. If the decedent leaves no issue, or father ormother, one-half of the separate property of the decedent goes to the survivingspouse and the other one-half goes in equal shares to the brothers and sistersof the decedent.
3. If the decedent leaves no issue or survivingspouse, the estate goes one-half to the father of the decedent and one-half tothe 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 ofthe decedent goes to the surviving spouse.
[Part 297:107:1941; A 1945, 349; 1943 NCL 9882.297](NRS A 1999,2259)
NRS 134.060Noissue, surviving spouse or parent but sibling.Ifthere is no issue, surviving spouse, or father or mother, then the estate goesin equal shares to the brothers and sisters of the decedent and to the childrenof any deceased brother or sister by right of representation.
[Part 297:107:1941; A 1945, 349; 1943 NCL 9882.297](NRSA 1999, 2260)
NRS 134.070Noissue, surviving spouse or immediate family.Ifthe decedent leaves no issue, surviving spouse, or father or mother, and nobrother or sister living at the time of death, the estate goes to the next ofkin in equal degree, except that if there are two or more collateral kindred inequal degree, but claiming through different ancestors, those who claim throughthe nearest ancestors are preferred to those who claim through ancestors moreremote.
NRS 134.080Unmarriedminor decedent without issue or sibling but issue of sibling. At thedeath of a child who is under age, who is without issue and who has not beenmarried, all the other children of the parent being also dead, if any of theother children left issue, the estate that came to the child by inheritancefrom the parent descends to all the issue of the other children of the sameparent, 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 totake according to the right of representation.
NRS 134.085Unmarriedminor decedent without issue but sibling or issue of sibling. If any person dies leaving several children, or leaving achild and issue of one or more children, and any such surviving child diesunder age, without issue and not having been married, all the estate that cameto the deceased child by inheritance from the deceased parent descends in equalshares to the other children of the same parent, and to the issue of any otherchildren of the same parent who may have died, by right of representation.
(Added to NRS by 2003, 2508)
NRS 134.090Nosurviving spouse but issue.If the decedentleaves no surviving spouse, but there is a child or children, the estate, ifthere is only one child, all goes to that child. If there is more than onechild, the estate goes to all the children of the decedent, to share and sharealike.
[Part 297:107:1941; A 1945, 349; 1943 NCL 9882.297](NRS A 1999,2260)
NRS 134.100Nosurviving spouse but issue and children of issue.Ifthe decedent leaves no surviving spouse, but there is a child or children andthe lawful issue of a child or children, the estate goes to the child orchildren and lawful issue of the child or children by right of representationas follows: To the child or children, each a share and to the lawful issue ofeach deceased child, by right of representation, the same share that the parentwould have received if the parent had been living at the time of the death ofthe decedent.
[Part 297:107:1941; A 1945, 349; 1943 NCL 9882.297](NRS A 1999,2260)
NRS 134.110Nosurviving spouse or issue but children of issue.Ifthe decedent leaves no surviving spouse, or child or children, but there is thelawful issue of a child or children, all the estate descends and must bedistributed to the lawful issue of the child or children by right ofrepresentation, 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)
NRS 134.120Escheat. If the decedent leaves no surviving spouse or kindred, theestate escheats to the State for educational purposes.
[Part 297:107:1941; A 1945, 349; 1943 NCL 9882.297](NRS A 1999,2261)
NRS 134.150Degreeof kindred.The degrees of kindred shall becomputed according to the rules of the civil law.
[Part 300:107:1941; 1931 NCL 9882.300]
NRS 134.160Kindredof half blood.Kindred of the half blood inheritequally with those of the whole blood in the same degree, unless theinheritance comes to the decedent by descent or devise from an ancestor, inwhich case all those who are not of the blood of the ancestor are excluded fromthe inheritance.
[Part 300:107:1941; 1931 NCL 9882.300](NRS A 1999, 2261)
NRS 134.190Adoptedchild.An adopted child and his adoptiveparents or their relatives shall inherit as provided in NRS 127.160.
[Part 16:332:1953]
NRS 134.210Vestingof estate if both spouses die intestate.Wheneverone spouse dies intestate, leaving heirs, if the other spouse dies intestateafter the first spouse, without heirs, leaving property, the estate of thesecond spouse to die vests in the heirs of the first spouse to die, subject toexpenses 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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