Nevada
Trust and Estate Attorneys10,000 +
Trusts & Wills Prepared
1,000 +
Trust Administrations & Probates
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Nevada draws people for its trust and tax rules, and it draws even more people who simply moved here and never revisited documents drafted somewhere else. Both groups end up with the same question: what does Nevada law actually do differently, and does it apply to me?
This page explains what Nevada trust and estate attorneys handle, which service fits which situation, what Nevada’s tax and trust rules genuinely provide, and what happens when an estate crosses state lines. Our attorneys serve clients across Nevada from our Las Vegas office. For a free consultation, call 702-505-4444.
Practice Areas
Nevada Estate Tax & Asset Protection
Our law firm specializes in preserving your wealth through strategic planning to minimize estate tax liability and maintaining robust legal structures to safeguard your assets from potential threats or liabilities.
Estate Planning
We specialize in Estate Planning services that shape the future you envision. Our team of experienced and dedicated attorneys ensures that our client’s assets and families are safeguarded.
Probate
Dealing with Probate after a loved one’s passing can often be a complicated and distressing process. Our attorneys are experienced in Probate proceedings, assisting clients by simplifying the process, offering meticulous legal advice, and helping resolve disputes regarding the division and administration of an estate.
Guides & Resources
Guides to Nevada estate planning and probate, with links to general estate planning concepts that apply broadly.
What Do Nevada Trust and Estate Attorneys Handle?
Estate planning, probate and small estate procedures, trust administration, and contested matters. Nevada is distinctive in two respects. Its constitution prohibits a tax on the wages or personal income of natural persons and prohibits an inheritance tax, and per the Nevada Department of Taxation no state estate tax filing has been required for deaths on or after January 1, 2005. And NRS Chapter 166 permits self-settled spendthrift trusts, with a limitation period that generally runs two years from the transfer.
Key Takeaways
- Nevada imposes no state estate tax and no inheritance tax; federal rules still apply.
- Nevada scales probate to estate size across four tracks, from an affidavit to full administration.
- Nevada permits self-settled spendthrift trusts, but the protection is defined by statute rather than absolute.
- Which state’s rules govern turns on domicile and on where property is located, not on where documents were signed.
- Vaksman Khalfin, PC is admitted in Nevada, California, and New York, which matters when an estate crosses state lines.
Which Service Do You Need?
| Your situation | What this usually is | How urgent |
|---|---|---|
| You want to decide who receives your property and who acts if you cannot | Nevada estate planning | No external deadline |
| Someone died leaving assets in their own name | Nevada probate, or one of the smaller-estate routes | Deadlines and notice requirements begin early |
| You moved to Nevada with documents drafted elsewhere | A planning review | Worth doing before it matters rather than after |
| You are a beneficiary and cannot get information from a trustee | Beneficiary representation | Time-sensitive |
| Someone died owning property in Nevada and another state | Administration in the home state plus an ancillary proceeding | Both timelines run at once |
Nevada's Tax Position
This is the most common reason people ask about Nevada, so it is worth stating precisely.
Personal income tax. Article 10, Section 1 of the Nevada Constitution provides that no income tax shall be levied upon the wages or personal income of natural persons. The same section’s heading addresses inheritance and income taxes as prohibited. Because the prohibition is constitutional, changing it would require a constitutional amendment rather than ordinary legislation.
Inheritance tax. Nevada does not impose one.
Estate tax. Nevada’s estate tax provisions were tied to a federal credit for state death taxes that no longer exists. Per the Nevada Department of Taxation, no Nevada estate tax filing has been required for deaths on or after January 1, 2005.
Federal tax still applies. Nevada residency does not affect federal estate tax, which for 2026 uses a basic exclusion amount of $15,000,000 per person as published by the IRS. Most estates fall well below it.
One caution worth stating plainly: these advantages depend on domicile, and domicile is a factual question about where a person is genuinely settled — not simply where they own property or spend part of the year. States that do impose taxes examine that question closely when someone claims to have left.
Robert B. Vaksman, Esq.
Founding Partner
“Some cases are easier than others, but this doesn’t matter at Vaksman Khalfin, because we have the resources to help our clients no matter what is at stake, especially if it’s hard."
ALAN D. KHALFIN, ESQ.
Partner & Managing Attorney
"People call me when they need to plan, but also when something terrible has happened and they need help. It is personal to my clients, so it is personal to me. We have to help: no matter what."
What You Can Expect
Free Consultation
We will begin with a no-obligation free confidential consultation. This free session provides an opportunity to understand your unique trust and estate planning needs, discuss your concerns, and establish how we can assist you towards achieving your goals.
Flexible Pricing
Everyone's financial situation is different. To meet your trust and estate planning needs, we offer flexible pricing structures to ensure that quality legal services are accessible to all. Our goal is to provide exceptional value, at a cost that makes sense for your circumstances.
SAFE ACCESS TO YOUR DOCUMENTS
It is crucial that your estate planning documents should be easily accessible when you need them. We provide safe and easy access to your files at any time in order to ensure the security of your trust and estate documents.
Personal support
A dedicated attorney and case manager will ensure a personal and concerted approach to your case. This focused support provides a direct point of contact, personal attention to your case, and ensures we can solve any concerns or issues that you may have.
What Our Clients Say
“I learned about Vaksman Khalfin from a family friend who advised me to schedule a free consultation. My experience taught me that the staff and attorneys at VK value their clients and treat them with respect. I have learned so much about my legal rights, and I value having sought out legal representation for my estate planning needs.”
“When I had to deal with a family tragedy I did not know where to turn for help. One day I was searching for estate planning attorneys in Nevada and I came across the Vaksman Khalfin website. The legal assistants, paralegals, and attorneys at Vaksman Khalfin took my case seriously, and they provided me with regular case updates which made me feel confident that I had chosen the right trust & estate attorneys in Nevada.”
Nevada Trust Law
Nevada permits a self-settled spendthrift trust — a trust the settlor creates and may also benefit from, which many states do not allow. This is the feature most often cited as a reason to establish a trust here.
Under NRS 166.170, a creditor generally may not bring an action with respect to a transfer of property to a spendthrift trust unless the action is commenced within two years after the transfer. Where the person was already a creditor at the time of the transfer, the period may run until six months after that creditor discovers or reasonably should have discovered it, whichever is later. The statute also requires a creditor to prove by clear and convincing evidence that the transfer was fraudulent under NRS Chapter 112 or violated an enforceable obligation.
What that means practically is set out on our Nevada estate planning page. In short: timing governs almost everything, the protection is defined rather than absolute, and structures that offer meaningful separation require giving up control. Ordinary measures — adequate liability insurance and properly maintained entities — still do more for most people than any trust structure.
Probate and Smaller Estates
Nevada scales court involvement to the size of the estate. There is an affidavit procedure available where the decedent left no Nevada real property, a set-aside without administration for estates under a statutory threshold, a streamlined summary administration, and full general administration above that.
Two features catch families out. The affidavit route closes entirely if the decedent owned any Nevada real property, regardless of value. And attorney compensation under NRS 150.060 may be set hourly, on a statutory percentage of the estate, or by another method the court approves in advance — a choice that can matter considerably for an estate built around a single valuable home. Our Nevada probate page sets out each threshold and the compensation rules.
Contested Trust and Estate Matters
Disputes run alongside all of the above and are more common where a plan was made late, changed shortly before death, or assembled from forms. They include contests raising capacity, undue influence, or improper execution; claims that a trustee or personal representative breached fiduciary duties; petitions to compel or object to an accounting; petitions for instructions where a document is ambiguous; removal of a fiduciary; and disputes among co-beneficiaries about property that cannot easily be divided.
These matters are time-sensitive on both sides. Being on either side of one is worth discussing while options remain open.
When More Than One State Is Involved
This is unusually common in Nevada, because so many residents arrived from somewhere else and kept property behind.
Domicile generally determines which state’s law governs an estate and which state may tax it. Situs — where real property physically sits — generally determines where that property must be administered, which is why an ancillary proceeding may be required in a second state even when the main administration happens in Nevada.
The practical consequences differ sharply by state. California imposes no state estate tax but applies a statutory probate fee schedule calculated without subtracting mortgages. New York imposes its own estate tax at a threshold far below the federal one, with a credit that disappears entirely above a defined point. Nevada imposes neither an estate nor an inheritance tax but has its own probate thresholds and its own courts.
We are admitted in all three states. Our California trust and estate and New York trust and estate pages cover each in detail.
Las Vegas and Clark County
We work with families across Clark County, including Henderson, North Las Vegas, Boulder City, and Mesquite, as well as Reno, Sparks, Carson City, and Elko. Probate and estate matters for Clark County residents are generally heard in the Eighth Judicial District Court, which maintains its own probate procedures and calendar.
Two patterns recur here. People relocate late in life and never update documents drafted under another state’s rules. And estates frequently include property in more than one state, which raises the ancillary question above. Details about the office are on our Las Vegas office page, and our Nevada practice page covers our other work in the state.
How We Help
At Vaksman Khalfin, PC we start by establishing which situation you are actually in, because that determines what needs to happen this month rather than this year. From there we prepare and execute planning documents under Nevada’s formalities, assess which probate track an estate qualifies for, guide trustees and personal representatives through administration, represent beneficiaries who are not receiving what they are entitled to, and handle contested matters when they arise.
Our Nevada trusts and estates work is led by Robert B. Vaksman, who is admitted in Nevada and holds a Master of Laws in Taxation from New York University School of Law, together with Alan D. Khalfin. Initial consultations are free. To talk with a Nevada trust and estate attorney, call 702-505-4444 or schedule a consultation.
This page provides general information about Nevada and federal law and is not legal or tax advice; reading it does not create an attorney-client relationship. Tax rules change and apply differently to different situations. Every situation is different, and prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 08/12/2026
How it works
Complimentary consultation
Complimentary phone or Zoom meeting with our law firm to answer any questions and discuss our process.
Working with a Legal team
Work with us through an easy and secure process to design your custom plan.
Confirm and sign your documents
We draft your plan for your review. Once confirmed, we’ll provide you a binder with final documents for you to sign.
Nevada Trust and Estate Frequently Asked Questions Frequently Asked Questions
No. Nevada imposes no inheritance tax, and per the Nevada Department of Taxation no Nevada estate tax filing has been required for deaths on or after January 1, 2005, because the state provisions were tied to a federal credit that no longer exists. Federal estate tax rules still apply.
No. Article 10, Section 1 of the Nevada Constitution provides that no income tax shall be levied upon the wages or personal income of natural persons. Because the prohibition is constitutional, changing it would require a constitutional amendment rather than ordinary legislation. Federal income tax still applies.
The state-level advantages depend on domicile, which is a factual question about where you are genuinely settled rather than where you own property or spend part of the year. States that impose taxes examine that question closely when a person claims to have left, so this is worth discussing before relying on it.
It is a self-settled spendthrift trust under NRS Chapter 166 — a trust the settlor creates and may also benefit from. Under NRS 166.170, a creditor action regarding a transfer to such a trust generally must be commenced within two years of the transfer, and a creditor must prove by clear and convincing evidence that the transfer was fraudulent under NRS Chapter 112 or violated an enforceable obligation.
No. Assets held in a trust, held jointly with a surviving co-owner, or governed by a beneficiary designation often pass outside probate. Nevada also provides an affidavit procedure, a set-aside without administration, and a summary administration for estates below the applicable thresholds.
It may be, but it should be reviewed. Execution formalities, how property is titled, community property considerations, and the availability of Nevada's summary procedures all differ by state. Domicile also determines which state's estate tax rules reach your estate.
The main administration generally takes place where they were domiciled, and real property in another state usually requires an ancillary proceeding there. Both processes can run at once, under different rules and different courts.
Yes. We represent trustees, personal representatives, and beneficiaries, though not opposing sides in the same matter. A beneficiary who cannot obtain the trust terms, an accounting, or straight answers has options.
Under NRS 150.060, an attorney for a personal representative is entitled to reasonable compensation from the estate and may be paid hourly, on a statutory percentage of estate value, or by another method the court approves in advance. The personal representative's own commission follows a separate schedule under NRS 150.020.
Forms are widely available and the law permits their use. The risks are that Nevada's execution formalities are specific, that a trust governs only assets actually transferred into it, and that errors usually surface after death when they can no longer be corrected. An initial conversation carries no cost.
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