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)
Structure Nevada Revised Statutes
Chapter 123 - Rights of Married Couples
NRS 123.020 - Curtesy and dower not allowed.
NRS 123.030 - How a married couple may hold property.
NRS 123.050 - Spouse not liable for debts of other incurred before marriage.
NRS 123.060 - No interests in property of other.
NRS 123.070 - Spouses may make contracts.
NRS 123.100 - Abandoned spouse not liable for support of abandoning spouse.
NRS 123.110 - When spouse must support other spouse.
NRS 123.121 - Segregation of damage awards when spouses sue jointly.
NRS 123.125 - Character of property transferred into trust.
NRS 123.130 - Separate property of each spouse.
NRS 123.140 - Inventory of separate property: Execution; recording; supplemental inventory.
NRS 123.150 - Recording of inventory is notice and evidence of title.
NRS 123.160 - Effect of failure to record inventory.
NRS 123.170 - Each spouse controls own separate property.
NRS 123.180 - Property and earnings of minor children.
NRS 123.220 - Community property defined.
NRS 123.230 - Control of community property.
NRS 123.250 - Ownership of survivor upon death of spouse; disposal by will of decedent.
NRS 123.259 - Division of income and resources of married couple: Manner; conditions; restrictions.
NRS 123.270 - Contracts or settlements to be written and acknowledged.
NRS 123.280 - Recording in counties where real property situated.
NRS 123.290 - Record of contract to impart notice.
NRS 123.300 - Effect of not recording contract or settlement.
NRS 123.310 - Minors may make marriage contracts or settlements.