Nev. Rev. Stat. » NRS: CHAPTER 123 - RIGHTS OF MARRIED COUPLES

Nev. Rev. Stat. § 123.250

Ownership of survivor upon death of spouse; disposal by will of decedent

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NRS 123.250  Ownership of survivor upon death of spouse; disposal by will of decedent.

      1.  Except as otherwise provided in subsection 2, upon the death of either spouse:

      (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.

      (b) The remaining interest:

             (1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and

             (2) Is the only portion subject to administration under the provisions of title 12 of NRS.

      2.  The provisions of this section:

      (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS.

      (b) Do not apply to community property with right of survivorship.

      (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.

      3.  As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.

      [1:198:1937; 1931 NCL § 3395.01]—(NRS A 1957, 359; 1959, 408; 1975, 561; 1981, 779; 1997, 1597; 1999, 1355; 2017, 763)

     

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1971–2025 · leading case: Waldman v. Maini
Sort: Relevance Newest Treatment
Waldman v. Maini (2008) nev · cites it 3× “53 See NRS 123.250(1), which provides, in pertinent part: [U]pon the death of either husband or wife: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
Pascua v. Bayview Loan Servicing, LLC (2019) nev · cites it 2× “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
McKissick v. McKissick (1977) nev · cites it 2× “” 6 NRS 123.250. “1. Upon the death of either husband or wife: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property, (b) The remaining interest is subject to the testamentary disposition of the…”
Byrd v. Lanahan (1989) nev · cites it 3× “” 3 NRS 123.250(1) provides, in pertinent part: 1.”
Harrah v. Commissioner (1978) tax · cites it 2× “250 . If the decedent dies intestate, a portion of his separate property goes to the surviving spouse.”
Wells v. Bank of Nevada (1974) nev “1 NRS 123.250: “Upon the death of either husband or wife, one-half of the community property belongs to the surviving spouse; .”
In re Thomas (2009) nyappdiv · cites it 3× “Further, in pertinent part, NRS 123.250, entitled “[o]wnership of survivor upon death of spouse; disposal by will of decedent,” provides as follows: “1.”
PASCUA VS. BAYVIEW LOAN SERV., LLC (2019) nev · cites it 4× “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
Luria v. Zucker (1971) nev “” 2 NRS 123.250: “1. Upon the death of either husband or wife, one-half of the community property belongs to the surviving spouse; the other half is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the surviving spouse, subject to the…”
PASCUA VS. BAYVIEW LOAN SERV., LLC (2019) nev · cites it 2× “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
Tamagni v. Tamagni (1977) nev “Upon the death of either husband or wife: “(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property. “(b) The remaining interest -is subject to the testamentary disposition of the decedent, in the…”
United States v. Lipson, in his capacity as Personal Representative of the Estate of Jean Lipson (2025) nvd “NRS 123.250; Western States Const., Inc. 21 v.”
Show all 13 citing cases →
— Nev. Rev. Stat. § 123.250(1) — 6 cases
Waldman v. Maini (2008) nev “53 See NRS 123.250(1), which provides, in pertinent part: [U]pon the death of either husband or wife: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
Pascua v. Bayview Loan Servicing, LLC (2019) nev “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
McKissick v. McKissick (1977) nev “” 6 NRS 123.250. “1. Upon the death of either husband or wife: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property, (b) The remaining interest is subject to the testamentary disposition of the…”
Byrd v. Lanahan (1989) nev “” 3 NRS 123.250(1) provides, in pertinent part: 1.”
PASCUA VS. BAYVIEW LOAN SERV., LLC (2019) nev “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
— Nev. Rev. Stat. § 123.250(1)(a) — 3 cases
Pascua v. Bayview Loan Servicing, LLC (2019) nev “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
PASCUA VS. BAYVIEW LOAN SERV., LLC (2019) nev “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
PASCUA VS. BAYVIEW LOAN SERV., LLC (2019) nev “Pursuant to NRS 123.250(1), upon the death of a spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
— Nev. Rev. Stat. § 123.250(1)(b) — 1 case
Byrd v. Lanahan (1989) nev “” 3 NRS 123.250(1) provides, in pertinent part: 1.”
— Nev. Rev. Stat. § 123.250(l)(b) — 1 case
Byrd v. Lanahan (1989) nev “” 3 NRS 123.250(1) provides, in pertinent part: 1.”
— Nev. Rev. Stat. § 123.250(l)(b)(l) — 1 case
Waldman v. Maini (2008) nev “53 See NRS 123.250(1), which provides, in pertinent part: [U]pon the death of either husband or wife: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.”
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