Elective Share in Nevada
State-specific overview · Estate & Probate
Nevada has no elective share; a surviving spouse has only the rights granted by the will or intestacy law.
How Nevada treats Elective Share
Nevada is a community property state and does not recognize an elective share right for surviving spouses. Instead, the surviving spouse's entitlement depends on whether the property is community property (owned jointly) or separate property. Community property passes to the surviving spouse automatically, while separate property passes according to the will or intestacy statutes, giving the spouse no override right.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Nevada.