Omitted or Pretermitted Children Under Wills in Nevada
At a glance
| Will and child covered | Afterborn child not provided for; separately, omitted child or deceased child's issue if court finds omission unintentional (NRS 133.160(1), 133.170). |
|---|---|
| Birth or adoption timing | § 133.160 covers child born after making of will; § 133.170 addresses omitted child or deceased child's issue without a later-birth condition. |
| Naming and provision test | Afterborn route requires no provision for child; general omission route starts with child or deceased child's issue omitted from will (NRS 133.160(1), 133.170). |
| Intentional omission | Afterborn route excluded if intention appears from will; other omissions presumed intentional, rebuttable by court finding (NRS 133.160(1)(a), 133.170). |
| Other-parent gifts | § 133.160(1) lists will-apparent intent and intended outside transfer as exceptions; no other-parent devise condition appears there. |
| Outside gifts and advancements | Intended outside transfer can defeat afterborn claim; equal lifetime advancement defeats share under §§ 133.160–.180 (NRS 133.160(1)(b), 133.190, 151.120). |
| Baseline statutory share | Intestate-equivalent share for qualifying afterborn or other unintentionally omitted child or deceased child's issue (NRS 133.160(1), 133.170). |
| Effect of gifts to existing children | Share is intestate-equivalent, rather than a pool of existing children's will gifts (NRS 133.160(1), 133.170). |
| Property source and abatement | Undevised estate first; then proportional reduction of devises, with intent-based exception for specific gifts or provisions (NRS 133.180). |
| Trust and nonprobate reach | Outside property transfer may defeat afterborn will share if intended in lieu of will provision (NRS 133.160(1)(b)). |
Requirements one by one
Covered child
NRS 133.160(1) protects a child born after a parent made the will if the will makes no provision for that child. NRS 133.170 also covers an omitted child or the issue of a deceased child, but begins with a presumption that the omission was intentional. If the court finds it unintentional, the claimant receives an intestate-equivalent share.
Amount and source
Both routes use the value of an intestate share. NRS 133.180 takes the omitted share first from estate property the will did not dispose of, then proportionally from devisees. A specific devise or other provision may be spared when proportional abatement would defeat the testator's obvious intent, with a different intent-consistent apportionment instead.
What trips people up
For the afterborn route, NRS 133.160(1)(a) asks whether the will itself shows intent to make no provision; subsection (1)(b) also excludes a child given property outside the will when the testator intended that transfer instead of a will provision. The separate advancement rule in NRS 133.190 applies when the unprovided child or descendant already received an equal proportion of the estate. Under NRS 151.120, a gift counts as an advancement only with the specified written expression, charge, or acknowledgment.
Common questions
Does an omitted child's share invalidate the rest of the will? NRS 133.160(2) keeps its other provisions intact to the extent they are consistent with the afterborn child's share, including the personal representative appointment.
How is a lifetime advancement valued? NRS 151.140 uses the value written in the conveyance, charge, or acknowledgment; otherwise it estimates the value when the property was given.
Statutes and sources
- NRS 133.160–133.190 and 151.120–151.140. Verbatim current text, official section URLs, and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does Nevada law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Nevada law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace