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

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

   2. (b) The remaining interest:

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

2. 2. The provisions of this section:

   1. (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS.
   2. (b) Do not apply to community property with right of survivorship.
   3. (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. 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)