Do I need a lawyer to make a will in Nevada?

Nevada does not require an attorney to make a will, but the execution requirements (2 witnesses, proper signing) must be followed exactly [§ 133.040]. Errors can invalidate the entire document. An attorney helps ensure the will is properly executed and addresses your specific situation.

What happens if I die without a will in Nevada?

Your assets pass according to Nevada's intestacy laws — a fixed statutory formula based on family relationships [§ 133.040]. This may not match your wishes, and the court will appoint an administrator to manage the estate.

Does a living trust avoid probate in Nevada?

Yes. Assets properly transferred into a revocable living trust during your lifetime avoid probate entirely [§ 166.040]. However, any assets not transferred into the trust may still require probate — this is a common planning mistake.

What is a power of attorney and do I need one?

A power of attorney authorizes someone you trust to handle financial or legal matters on your behalf. In Nevada, powers of attorney are durable by default [§ 162A.210]. Without one, your family may need an expensive court proceeding if you become unable to manage your affairs.

What is the difference between a living will and a healthcare proxy?

A living will states your treatment preferences (e.g., no life support). A health care agent names a person to make medical decisions for you. Most estate planning attorneys recommend having both.

OverviewUpdated 2026-02-27

Nevada Estate Planning Guide — Wills, Trusts & More

Wills, trusts, powers of attorney, and advance directives — protecting your family and your wishes

Jump to:

Wills — Requirements & Types Explained Living Trusts — Revocable & Irrevocable Power of Attorney — Types & How to Create Advance Directives & Living Wills Guardianship for Minor Children — How to File Beneficiary Designations & TOD Accounts What to Do When Someone Dies in Nevada — First Steps

Planning Ahead or Settling an Estate

Estate planning serves two groups of people at once. If you are planning ahead, it is about making sure your wishes are followed and your family is protected — through a will, trust, powers of attorney, and healthcare directives. If someone in your family has recently passed away, these same documents (or the absence of them) control what happens next. Either way, the starting point is the same: understanding what tools exist and which ones apply to your situation.

📝

Make a Will

name heirs & guardian

🏦

Set Up a Trust

avoid probate

📋

Power of Attorney

financial decisions

❤️

Healthcare Directive

medical wishes

💳

Beneficiary Review

accounts & policies

🔍

Locate Documents

will, trust, policies

📨

Notify & File

court, agencies, banks

📊

Inventory Assets

property & debts

⚖️

Settle the Estate

probate or trust admin

✅

Distribute

to heirs & beneficiaries

Requirements vary by state. This is a general overview, not legal advice.

Making a valid will in Nevada

To make a valid will in Nevada, you must be at least 18 years old and of sound mind. The will must be in writing, signed by the Testator, and witnessed by 2 competent witnesses §133.040. A self-proving affidavit §133.050 allows the will to be admitted to probate without requiring witnesses to testify.

Nevada also recognizes holographic (handwritten) wills §133.090, though a formally witnessed will is always preferred.

Nevada recognizes holographic wills. The state is known for its favorable trust laws, including dynasty trusts with no rule against perpetuities.

Trusts and avoiding probate

Trust law in Nevada is governed by Nevada Spendthrift Trust Act (self-settled trusts) §166.040.

A revocable living trust is the primary tool for avoiding Probate in Nevada. Property transferred into the trust during your lifetime passes to beneficiaries according to the trust terms — without court involvement, publication, or the delays associated with probate.

Nevada allows transfer-on-death (TOD) deeds for real estate §111.695, letting you pass property outside of probate without a trust.

Will vs. trust: which do you need?

	Will	Revocable trust
Takes effect	After death §133.040	Immediately (you manage it while alive) §166.040
Avoids Probate	No — goes through probate court §133.040	Yes — assets in trust skip probate §166.040
Privacy	Public record once filed	Remains private
Incapacity planning	No — only covers death	Yes — successor Trustee steps in §166.040
Cost to create	Lower	Higher
Ongoing maintenance	None	Must transfer assets into the trust
Who needs it	Everyone — baseline document	Homeowners, larger estates, privacy-focused

💡Most estate plans benefit from both a will and a trust. The will serves as a safety net (pour-over will) for assets not transferred into the trust during your lifetime.

Powers of attorney

In Nevada, a Power of attorney is durable by default — it remains effective even if the principal becomes incapacitated §162A.210.

A financial Power of attorney lets someone you choose manage your finances, pay bills, and handle property if you become unable to do so. Without one, your family may need to petition the court for a conservatorship — a costly and time-consuming process §159.044.

Healthcare directives

Nevada recognizes advance directives §162A.855; §162A.790 that let you state your wishes for medical treatment if you cannot speak for yourself. A health care agent §162A.790 designates someone to make healthcare decisions on your behalf.

Nevada's Chapter 162A instrument is a durable power of attorney for health care decisions, with an advance health-care directive form at NRS 162A.855 and execution, acknowledgment and witnessing rules at NRS 162A.790. Declarations to withhold or withdraw life-sustaining treatment are separate, under NRS Chapter 449A (forms at NRS 449A.436 and 449A.439).

Power of attorney vs. healthcare directive

	Financial Power of attorney	advance directive	health care agent
Purpose	Manage finances and property §162A.210	State treatment preferences §162A.855; §162A.790	Name a healthcare decision-maker §162A.790
When it activates	Immediately or upon incapacity §162A.210	When you cannot communicate	When you cannot make medical decisions
Who acts	Your chosen agent	No one — it speaks for you	Your chosen proxy
Scope	Bank accounts, bills, property, taxes	End-of-life treatment, life support	All medical decisions on your behalf
Ends	Death or revocation	Death or revocation	Death or revocation
Required?	Not legally, but practically essential	Recommended for everyone	Recommended for everyone

Guardianship for minor children

If you have children under 18, your will is the primary way to nominate a guardian §159A.062; §159A.017. Without a nomination, the court decides — and the result may not match your wishes. Naming a guardian in your will does not guarantee the appointment, but it carries significant weight with the court.

Estate and inheritance taxes

Nevada does not impose a separate state estate tax or inheritance tax. Only the federal estate tax (currently $13.61 million per person §26 U.S.C. § 2010) applies.

✓Estate planning is not just for the wealthy. Anyone with minor children, a home, retirement accounts, or specific wishes about medical care benefits from having basic documents in place. The cost of planning is almost always less than the cost of not planning.

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