Nevada living trusts & estate documents

Living trust law in Nevada

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Nevada, trusts are governed by the Nevada trust statutes, NRS Chapters 163 to 164.

Avoiding probate in Nevada

Probate in Nevada is governed by the NRS Title 12 and handled by the District Court. See state probate code for administration options.

Nevada allows collection by affidavit for estates of $25,000 or less, $150,000 for a surviving spouse, with no Nevada real property (NRS 146.080, as amended by 2025 Statutes of Nevada, chapters 339 and 514); a court set-aside is available for estates of $150,000 or less (NRS 146.070, as amended by 2025 Statutes of Nevada, chapters 339 and 514), and summary administration for estates up to $500,000 (NRS 145.040, as amended by 2025 Statutes of Nevada, chapter 339). Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Nevada homeowners set one up for that reason. Nevada also authorizes a deed upon death (Nev. Rev. Stat. § 111.655 et seq.) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

In Nevada, creditors generally have 90 days after the first published notice to creditors to file claims against the estate (Nev. Rev. Stat. § 147.040), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Nevada

Nevada has no estate, inheritance, or income tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Community property in Nevada

Nevada is a community property state. Property acquired during marriage is generally community property, and the joint trust's Section 1.03 preserves each asset's character.

Protecting a surviving spouse in Nevada

Nevada also lets the surviving spouse, minor child or minor children remain in possession of the homestead and of the family's wearing apparel, provisions and household furniture, and entitles them to a reasonable provision for their support allowed by the court (Nev. Rev. Stat. § 146.010). If the exempt property set apart is not enough for their support, the court may also make a reasonable allowance out of the estate for the family's maintenance during administration, for no longer than one year after letters are granted if the estate is insolvent (§ 146.030). The personal representative must pay an allowance the court makes under the chapter in preference to all other charges, except funeral charges, expenses of last illness and expenses of administration (§ 146.040).

Signing your Nevada documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive either before a Notary Public or in the presence of two adult witnesses, who then sign the Statement of Witnesses. You do not need both. Neither witness may be the owner, operator or employee of a nursing home in which you live (NRS 162A.790(3)), and do not use your agent or alternate agent as a witness.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Nevada. Follow those as the authoritative guide.

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