Does an intestate estate automatically go to a surviving spouse?

In Nevada, if someone dies without leaving a valid will (known as "intestacy"), the answer to the question of whether an intestate estate automatically goes to a surviving spouse depends on the nature of the relationship. If the deceased and the surviving spouse were legally married, then the surviving spouse is entitled to a portion of the estate, no matter how small or how large. The surviving spouse is granted a share of the estate as defined by the Probate Code of Nevada. The specific amount varies, depending on the presence of any children, parents, or other relatives of the deceased. If there are no children, the surviving spouse will receive all of the estate. On the other hand, if the deceased and the surviving spouse were not legally married, but were in a domestic partnership or civil union, then the surviving spouse will not automatically get the intestate estate. Instead, they will be treated as any other relative would and may receive a share of the estate according to intestacy laws set forth in the Probate Code of Nevada. Regardless of the nature of the relationship, the surviving spouse must still go through probate court and file for a portion of the intestate estate, or else they will not receive anything.

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Does an intestate estate automatically go to a surviving spouse?

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