Nevada’s estate planning rules differ from those of neighboring states in ways that matter — in how small estates can be settled without full administration, in what its trust statutes permit, and in the formalities a will or trust has to meet to work. A plan drafted for another state does not automatically function here.
This page explains what a Nevada estate plan covers, when a court is likely to be involved, what Nevada’s spendthrift trust statute does and does not do, and what to weigh before choosing an approach. Our attorneys serve clients across Nevada from our Las Vegas office. For a free consultation, call 702-505-4444.
What Does a Nevada Estate Plan Cover?
A Nevada estate plan decides who receives your property, who manages your finances and health care if you cannot, and who raises your minor children. It typically combines a will, often a revocable living trust, a financial power of attorney, and an advance health care directive. Nevada also allows smaller estates to be settled without full administration: under NRS 146.070 an estate not exceeding $150,000 may be set aside by court order, and under NRS 146.080 an affidavit procedure is available where the decedent left no Nevada real property.
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 Does a Nevada Estate Plan Cover?
A Nevada estate plan decides who receives your property, who manages your finances and health care if you cannot, and who raises your minor children. It typically combines a will, often a revocable living trust, a financial power of attorney, and an advance health care directive. Nevada also allows smaller estates to be settled without full administration: under NRS 146.070 an estate not exceeding $150,000 may be set aside by court order, and under NRS 146.080 an affidavit procedure is available where the decedent left no Nevada real property.
Key Takeaways
- A Nevada plan addresses both incapacity during life and the transfer of property at death.
- Under NRS 146.070, an estate not exceeding $150,000 may be set aside without administration by court order.
- Under NRS 146.080, an affidavit may transfer assets 40 days after death where there is no Nevada real property — the limit is $150,000 for a surviving spouse and $25,000 for any other claimant.
- Nevada’s spendthrift trust statute, NRS Chapter 166, permits self-settled spendthrift trusts, with a limitation period in NRS 166.170 that generally runs two years from the transfer.
- Asset protection planning has real limits, and timing governs almost everything about whether it works.
What a Nevada Estate Plan Includes
| Document | What it does | When it operates |
|---|---|---|
| Will | Directs who receives property passing through the estate; names guardians for minor children | At death |
| Revocable living trust | Holds assets transferred into it and directs their management and distribution | During life and at death |
| Financial power of attorney | Names who can act on your financial affairs if you cannot | During life |
| Advance health care directive | States health care wishes and names who speaks for you | During life |
| Titling and beneficiary designations | Determines how individual assets actually pass, sometimes overriding a will | At death |
That last row is where plans most often fail. A trust governs only what has actually been transferred into it, and a retirement account or life insurance policy generally passes to whoever is named on the beneficiary form regardless of what a will says. Nevada’s execution formalities are set out in NRS Chapter 133 for wills, and a document that does not meet them may not be given effect.
When a Nevada Estate Can Avoid Full Administration
Nevada provides several routes for smaller estates. The figures below come from Chapter 146 of the Nevada Revised Statutes as currently published, reflecting amendments made in 2025.
| Procedure | Statute | Threshold and conditions |
|---|---|---|
| Set aside without administration | NRS 146.070 | Estate value not exceeding $150,000. Proceedings may not begin until at least 30 days after death. Value is fair market value reduced by enforceable liens and encumbrances, measured at the date of death. |
| Affidavit transferring assets, surviving spouse | NRS 146.080 | Gross value not exceeding $150,000, available 40 days after death, only where the decedent left no Nevada real property or interest in it. |
| Affidavit transferring assets, any other claimant | NRS 146.080 | Gross value not exceeding $25,000, same 40-day and no-real-property conditions. |
| Summary administration | NRS Chapter 145 | A streamlined court process for estates above the set-aside threshold but below the statutory ceiling for summary treatment. |
Two practical notes. The affidavit route is unavailable if the decedent held any Nevada real property, which is what pushes many otherwise modest estates into a court process. And where an estate is set aside for a surviving spouse or minor children, NRS 146.070 directs the court to do so without paying creditors except where necessary to prevent a manifest injustice — a meaningful protection for families.
Our Nevada probate page covers what happens when an estate does not qualify for these routes.
Nevada Spendthrift Trusts: What the Statute Actually Provides
Nevada is one of the states that permits a self-settled spendthrift trust — a trust the settlor creates and can also benefit from. This is the feature most often cited as a reason to consider Nevada, and it is worth describing precisely rather than in the promotional terms it usually attracts.
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 is made. Where the person was already a creditor when the transfer occurred, the period may run longer — until six months after that creditor discovers or reasonably should have discovered the transfer, 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 that it violated a legal obligation owed under a contract or an enforceable court order.
What that means in practice:
- Timing governs everything. The limitation period runs from the transfer, so a trust funded after a claim has arisen is in a very different position from one funded years earlier. Transfers made to defeat existing or anticipated creditors can be challenged, and attempting it can leave a person worse off.
- The protection is not absolute. The statute sets out what a creditor must prove and by when; it does not put assets beyond reach in all circumstances.
- Control has a price. Structures that meaningfully separate assets from an individual require giving up control over them. Arrangements promising protection while leaving the settlor in full command tend not to withstand scrutiny.
- Ordinary measures still matter most. Adequate liability insurance and properly maintained entities for business and rental activity do more for most people than any trust structure.
Whether a Nevada spendthrift trust suits a particular situation depends on the assets involved, the person’s circumstances, and where they and their property are located. It is a conversation, not a product.
What you can expect
from Vaksman Khalfin Estate Planning Attorneys
Free Consultation
Our goal is for each client to have an opportunity to secure their estate. That is why your Vaksman Khalfin journey begins with a no-obligation free confidential consultation. This free session provides an opportunity to understand your unique needs, discuss your concerns, and establish how we can assist you towards achieving your estate planning goals.
Flexible Pricing
We understand that everyone's financial situation is different. Moreover, everyone may have different estate planning needs. With this in mind, we offer flexible pricing structures to ensure our quality legal services are accessible to all. Our goal is to provide exceptional value, at a cost that makes sense for your personal circumstances.
Safe Access to Your Documents
Your estate planning documents are important and should be readily accessible when you need them. To ensure the security of these documents, we provide safe and easy access to your files at any time.
Personal Support
A dedicated attorney and case manager will be assigned to your case to ensure a personal and concerted approach to your legal matter. This focused support provides a direct point of contact, personalized attention to your case, and ensures the swift resolution of any concerns or issues that may arise.
Our Difference
“Simply stated, we have a process.”
Using our combined expertise, we will analyze your matter to design a strategy by using the broadest array of legal resources available, while continuously being mindful of costs.
We will provide original, innovative solutions, drawing upon our deep knowledge of advanced strategies in order to present a comprehensive plan for your needs, in a systematic, practical and client-friendly manner.
While designing a strategy calls on creative skills, plan implementation relies entirely on strong management. Each client is represented by a team of at least 2 attorneys and 2 staff members. Although it may seem like cost-savings for a client to work with an attorney 1-1; not only does it not cut costs, but it often results in critical errors or omissions in the representation. Through proper management and team-work, we aim to deliver exceptional and efficient legal services, while exceeding our clients’ expectations.
We are interested in creating lasting relationships with our clients, and our forward-thinking approach allows our team to fully understand your unique needs on an ongoing basis. Inquire about our Membership Plan for more information.
How it works
We will fight for your rights.
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.
Choosing Between a Will and a Trust in Nevada
No threshold decides this for everyone. The considerations that usually drive it are whether you own Nevada real property, whether you want someone able to manage assets if you become incapacitated, whether you have minor children or a beneficiary who should not receive assets outright, and how complicated your family situation is.
A will is simpler and less expensive to create, and it is the only document that names guardians for minor children. A trust generally costs more up front and requires the additional step of transferring assets into it, but it addresses incapacity and allows distributions to be staged over time. Most plans built around a trust still include a will.
Nevada’s set-aside and affidavit thresholds bear on this too. A family whose assets fall comfortably within them faces a different calculation than one holding Nevada real property, where the affidavit route is unavailable regardless of value.
Common Mistakes in Nevada Estate Plans
- Creating a trust and never funding it. An unfunded trust directs nothing. This is the single most frequent problem.
- Beneficiary designations that contradict the plan. Retirement accounts and insurance policies pass by designation, not by will.
- Naming no backups. A single trustee, executor, or agent with no successor creates a gap exactly when it matters.
- Using out-of-state or generic forms. Nevada’s execution requirements are specific, and errors usually surface after death when they can no longer be fixed.
- Never updating. Marriage, divorce, births, deaths, a move into or out of Nevada, and significant changes in assets all warrant a review.
- Assuming a Nevada trust solves problems it does not. Situs and structure interact with where you live and where your property sits.
Estate Planning for Las Vegas and Clark County Families
Our Nevada practice operates from Las Vegas and serves clients 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.
Nevada also draws people who relocate from other states, and moving is one of the more reliable triggers for a plan needing review — documents drafted elsewhere may not align with Nevada’s formalities or with how property is held here. 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 begin with what you own, how it is titled, and who it is meant to reach — then explain the realistic options under Nevada law, prepare the documents, supervise execution, and help with the titling work that makes a plan function. Because we also handle Nevada probate, we draft with an eye to how these documents behave when someone eventually has to use them.
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 estate planning attorney, call 702-505-4444 or schedule a consultation. Our Nevada trust and estate overview covers the wider practice.
This page provides general information about Nevada law and is not legal advice; reading it does not create an attorney-client relationship. 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: 08/14/2026
WHAT OUR CLIENTS SAY
"I was referred to Vaksman Khalfin for Estate Planning. After working together for a year (the delays were all mine), I can vouch that their team is fantastic to work with. They’re cost-effective, efficient, knowledgeable and always willing to answer questions, explore options and explain legal concepts."
"My wife and I had a very good experience working remotely with Vaksman Khalfin on our Living Trust, Will, Healthcare Directives, etc. done with a fixed fee package. The process was streamlined end-to-end. All of our questions were answered promptly by phone or email. I highly recommend this law firm!"
"Vaksman Khalfin deserves great reviews. They helped my family during a very difficult time and they did so with compassion and dedication. No matter how many questions I posed (sometimes the same one several times), I received quick and clear responses. Our documents were delivered on time and thoroughly explained."
Nevada Estate Planning Frequently Asked Questions Frequently Asked Questions
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 allows smaller estates to be resolved without full administration: under NRS 146.070 an estate not exceeding $150,000 may be set aside by court order, and NRS 146.080 provides an affidavit procedure where there is no Nevada real property.
Under NRS 146.080, the affidavit procedure is available where the gross value of the decedent's Nevada property does not exceed $150,000 for a surviving spouse, or $25,000 for any other claimant, and the decedent left no Nevada real property or interest in it. At least 40 days must have passed since the death. Under NRS 146.070, an estate not exceeding $150,000 may be set aside without administration.
It depends on what you own and your family situation. A will is simpler and is the only document naming guardians for minor children. A trust addresses incapacity during life and allows staged distributions, but governs only assets transferred into it. Owning Nevada real property often shifts the calculation, because the affidavit procedure is unavailable when real property is involved.
It is a self-settled spendthrift trust permitted 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.
It depends on the type of trust, when it was funded, and the nature of the claim. A revocable living trust generally does not shield assets from the settlor's creditors, because the settlor retains control. Nevada's spendthrift trust statute offers a defined limitation period and evidentiary standard rather than absolute protection, and transfers made to defeat existing or anticipated creditors can be challenged.
Under NRS 166.170, generally two years after the transfer is made. Where the person was already a creditor at the time of the transfer, the period may extend to six months after that creditor discovers or reasonably should have discovered it, whichever is later.
Nevada's intestate succession rules under NRS Chapter 134 determine who inherits, which may not match what you would have chosen, and the court appoints an administrator. Where minor children are involved, a court decides guardianship without your stated preference. There is also nothing in place addressing who manages your affairs if you become incapacitated during life.
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. A move is one of the more reliable reasons to have documents looked at.
Creating a trust and never transferring assets into it, beneficiary designations that contradict the rest of the plan, naming no successor trustee or agent, relying on generic forms that do not meet Nevada's requirements, and never revisiting documents after a marriage, divorce, birth, death, or move.
Fees vary by firm and by complexity, and are commonly charged as a flat fee for a defined set of documents or hourly for more complex work. What matters when comparing is what is included — particularly whether the fee covers transferring assets into a trust, and what later updates cost. Our initial consultations are free, and we discuss fees before any work begins.
