Nevada Wills, Trusts & Estate Planning

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026

Estate planning is how you make sure the people you care about are provided for, and that the right people can step in if you cannot act for yourself. This guide explains how wills, trusts, and probate work under Nevada law.

The Core Estate Planning Documents

Will: names who receives your property, who will serve as your personal representative (executor), and who will care for minor children.
Revocable living trust: holds your assets during your life and passes them to your beneficiaries at death, usually without probate.
Durable power of attorney: lets someone you trust manage your finances if you become unable to.
Health care directive: states your medical wishes and names someone to make health care decisions for you.
Beneficiary designations: retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary form, not by your will, so they must be coordinated with the rest of your plan.

A plan that works is one where all of these pieces point in the same direction. Many problems I see in Nevada estates come from outdated beneficiary forms or assets that were never moved into a trust.

Making a Valid Will in Nevada

A Nevada will generally must be in writing, signed by you (or by someone at your direction), and signed by two witnesses (NRS 133.040). A self-proving affidavit makes the will easier to prove later.

Nevada also recognizes holographic wills written entirely in your own handwriting, dated, and signed, which do not require witnesses (NRS 133.090), and it permits electronic wills that meet statutory requirements. Handwritten and do-it-yourself wills are a frequent source of disputes.

Will or Living Trust?

A will is simpler and less expensive to prepare, but assets that pass under a will generally go through probate. A revocable living trust costs more up front but can avoid probate, keep your affairs private, and make it easier to manage property if you become incapacitated. Which is right depends on your assets, your family, and where your property is located. Owning real estate in more than one state is a common reason to use a trust, because it can avoid separate probate cases in each state.

Nevada Trust Advantages

Nevada is known for trust-friendly laws. It allows long-lasting “dynasty” trusts and, in certain circumstances, self-settled spendthrift trusts that can offer protection from future creditors (NRS Chapter 166). These tools have strict requirements and are not right for everyone, but they are worth discussing if asset protection or multigenerational planning matters to you.

Probate in Nevada

Nevada probate is handled in the district court of the county where the decedent lived. The court appoints a personal representative, who gathers assets, notifies creditors, pays valid claims, and distributes property. Nevada offers simplified procedures based on the size of the estate:

Small estate affidavit: no court case is required if the estate does not exceed $150,000 when the claimant is the surviving spouse, or $25,000 for other claimants (NRS 146.080).
Set aside without administration: the court may set aside an estate of up to $150,000 for the surviving spouse or minor children (NRS 146.070).
Summary administration: a faster, simpler probate for estates up to $500,000 (NRS 145.040).
General administration: required for larger estates and contested matters.

Nevada increased these thresholds in 2025. Only assets that actually pass through probate count; property in a living trust, jointly held property, and accounts with beneficiaries are not included.

What Happens If You Die Without a Will

If you die without a will, Nevada law decides who inherits your property through a process called intestate succession. Because Nevada is a community property state, your spouse generally receives your share of community property, while separate property may be divided among your spouse, children, parents, or siblings depending on who survives you. The result may not match what you would have wanted, and the court, not you, chooses who administers your estate.

Estate and Inheritance Taxes

Idaho, Nevada, and California do not impose a state estate tax or inheritance tax. The federal estate tax applies only to very large estates, above a high per-person exemption amount that is adjusted by law. For most families, planning focuses on avoiding probate, protecting beneficiaries, and minimizing conflict rather than on estate tax.

Planning Through a Litigator’s Lens

I also handle probate and trust disputes, so I draft estate plans with an eye toward what causes families to end up in court: unclear language, outdated documents, and assets that do not match the plan. If a dispute has already started, see my Probate & Estate Litigation practice.

How I Can Help

I prepare wills, living trusts, powers of attorney, and health care directives for individuals and families in Nevada, and I guide personal representatives and trustees through probate and trust administration. Request a consultation to talk about your plan.

This page provides general information about Nevada law and is not legal advice. Dollar thresholds change periodically; verify current figures for your situation. Reading this page does not create an attorney-client relationship.