Probate - What happens when someone dies without a Will.

A significant mis belief exists when someone dies without a Last Will and Testament that the state in which the deceased died will receive the deceased's property. For 99.99% ...of all people who die without a Last Will and Testament, the deceased's property WILL NOT GO TO A STATE OF THE UNION. On the office chance a state receives anything is because the deceased did not have any heirs (those individuals such as spouses, children, grandchildren, siblings, and nieces and nephews). When property goes to the to a state, it is known as escheat.

Nevada and all 50 other states of the Union have a statutory scheme designating who in line will take when and how much by share. Nevada has such statutory scheme called Succession and is located in Chapter 134 of the Nevada Revised Statutes. Other states may call their statutes intestacy (meaning dying without a will who will take). These statutes arise out of public policy believing that people do not intentionally disinherit family. This prevents or mitigates unintentional impoverishment and causing people to seek state assistance.

While NRS Chapter 134 exists to protect families in Nevada and thus possibly eliminate the need to have a will created, the Chapter may provide for someone you do not want to receive property after you die. If that is so, then consideration should be given to creates a Last Will and Testament, or created a Revocable Living Trust, or other transfer method to direct your property to whomever you desire.

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