Las Vegas Estate Planning Attorney 

Experienced Estate Planning Lawyer Serving Clark County, NV

Estate planning is the legal process of documenting who controls your assets and medical decisions during incapacity and who receives your property after death, structured to comply with Nevada Revised Statutes Chapters 132 through 166. Nevada residents with real property, minor children, business interests, or retirement accounts need these documents to avoid a court-supervised probate proceeding in Clark County's Eighth Judicial District Court and to ensure their wishes, not the state's intestate succession statutes, govern what happens to their estate. Leavitt Law Firm drafts revocable living trusts, wills, Nevada Domestic Asset Protection Trusts, powers of attorney, and healthcare directives for individuals and families throughout Clark County and the Las Vegas Valley.

To speak with our experienced Las Vegas estate planning lawyers, call us at (702) 996-6052 or contact us online today. 

What Nevada Estate Planning Actually Involves

Nevada is a community property state, which means estate plans for married couples must account for the distinction between community property (assets acquired during marriage) and separate property, which includes assets owned before marriage and property received as a gift or inheritance. An estate plan that does not address this classification can expose a surviving spouse to unintended probate complications or disputes among heirs over which assets were jointly owned.

Nevada imposes no state-level estate or inheritance tax. Federal estate tax applies only to estates above the current federal lifetime exemption threshold, which is $13.61 million per individual (2024). For the majority of Nevada residents, estate planning addresses probate avoidance, guardianship designation, incapacity planning, and asset protection, not federal tax minimization. A well-structured plan typically combines a revocable living trust, a pour-over will, a durable financial power of attorney, and a healthcare directive coordinated to work together under Nevada law.

Estate Planning Services in Las Vegas

Revocable Living Trusts

A revocable living trust holds your assets during your lifetime under a structure that transfers them to named beneficiaries after death without requiring a probate filing in Clark County's Eighth Judicial District Court. Trusts are governed by NRS Chapter 163 and can be amended or revoked at any time while you are alive. For most Las Vegas homeowners and families, a funded revocable living trust is the most direct tool for avoiding the time and cost of Nevada probate.

Wills and Pour-Over Wills

A will names who receives property not already held in a trust, designates guardians for minor children, and identifies an executor to manage the probate process if one is required. Nevada wills are governed by NRS Chapter 133. Assets subject to a will alone must pass through the Clark County probate court. Under NRS 150.060, Nevada probate attorney fees are calculated as a percentage of the gross estate and typically range from 2–4%. On a $500,000 estate, that is $10,000–$20,000 in attorney fees before court costs; a properly funded trust avoids those costs entirely.

Nevada Domestic Asset Protection Trusts

Under NRS Chapter 166, Nevada allows self-settled spendthrift trusts, commonly called Domestic Asset Protection Trusts (DAPTs), with a two-year seasoning period, one of the shortest in the country. Nevada is consistently ranked among the top three domestic trust jurisdictions in the United States alongside South Dakota and Delaware. After assets have been held in a Nevada DAPT for two years, they are generally shielded from future creditor claims. This structure is used by business owners, physicians, and other professionals with creditor exposure who want to retain a beneficial interest in their own trust. See our Asset Protection page for details on how DAPTs are structured.

Powers of Attorney

A durable financial power of attorney authorizes a named agent to manage bank accounts, pay bills, file taxes, and handle other financial responsibilities if you become incapacitated. Without this document, a family member who needs authority over your finances must petition the Clark County court to establish a formal guardianship, a process that costs time and money and puts a judge, rather than you, in control of who acts on your behalf.

Healthcare Directives

A healthcare directive documents your medical treatment preferences and designates a healthcare proxy to communicate those wishes to providers and hospitals. Nevada's statutory requirements for valid healthcare directives differ from those in other states. Documents prepared out of state may not comply with Nevada's form requirements and should be reviewed before relying on them.

Federal Gift and Estate Tax Planning

For Nevada residents whose estates may approach or exceed the federal lifetime gift and estate tax exemption, Leavitt Law Firm structures gifting programs, irrevocable trusts, and other transfer mechanisms to reduce potential federal estate tax exposure. The current individual exemption is $13.61 million (2024); the exemption is scheduled to adjust under federal law, and planning done now can affect outcomes under future thresholds.

How Nevada Probate Works and What It Costs

Probate is the court-supervised process for distributing assets that were not held in a trust or transferred by beneficiary designation at death. In Clark County, probate matters are handled in the Eighth Judicial District Court, Department 7. The process involves filing an inventory of the deceased's assets, notifying creditors, satisfying debts and taxes, and distributing remaining property under court supervision.

Under NRS 150.060, Nevada probate attorney fees typically range from 2–4% of the gross estate value. For an estate totaling $600,000, that is $12,000–$24,000 in attorney fees before accounting for court filing fees, appraisal costs, and the time required; Nevada probate commonly takes 9–18 months depending on asset complexity and whether any distributions are contested.

A properly funded revocable living trust avoids this process entirely. Assets titled in the name of the trust transfer to beneficiaries directly under the trust document, without court involvement, typically within weeks. The cost of drafting and funding a trust is a fraction of what probate costs for a moderately sized estate.

Do I Need an Estate Plan in Nevada?

Any Nevada resident who owns real property, has minor children, holds retirement accounts, or wants a specific person to receive their assets needs an estate plan. Without one, Clark County's probate court applies Nevada's intestate succession statutes under NRS Chapter 134 to distribute your estate in a fixed statutory priority: spouse first, then descendants, then parents, then siblings, regardless of your verbal wishes or informal arrangements.

Three situations that consistently require more than a basic will:

• Married Nevada residents with separate property from before marriage need clear documentation to avoid community property classification disputes among heirs.
• Business owners need succession documents tied to their operating agreements; without them, a Nevada LLC or corporation interest may become subject to probate.
• Parents of minor children must designate a guardian in a valid Nevada will. Without that designation, the Clark County court appoints one.

If you recently moved to Nevada from another state, your existing estate plan documents should be reviewed. Wills, trusts, and powers of attorney drafted in other states may not comply with Nevada's specific statutory requirements under NRS Chapters 132–163 and may need to be updated to function as intended under Nevada law.

What Happens If You Die Without a Will in Nevada?

If a Nevada resident dies without a will, assets pass under NRS Chapter 134's intestate succession rules to a spouse and then to children in equal shares, then to parents, and then to more distant relatives in a defined statutory order. Community property held jointly with a spouse passes to the surviving spouse outside of probate, but separate property and assets titled solely in the deceased's name go through the Eighth Judicial District Court and are distributed according to that statutory priority, not verbal wishes or informal arrangements made during the deceased's lifetime.

For unmarried partners, close friends, stepchildren who were not formally adopted, and charitable organizations, dying without a valid Nevada will means those individuals and organizations receive nothing from the estate regardless of the deceased's intentions. The intestate succession statute has no mechanism for recognizing informal promises or long-term relationships outside of legal marriage.

Updating Your Estate Plan After a Major Life Change

Estate plans become outdated when any of the following occur: marriage, divorce, birth or adoption of a child, death of a named trustee or beneficiary, relocation to Nevada from another state, significant change in asset value, or changes in federal estate tax law.

Post-divorce updates require particular attention. Nevada's divorce statutes automatically revoke certain will provisions and beneficiary designations related to a former spouse upon entry of the divorce decree, but they do not update financial account beneficiary designations held at banks or investment institutions, and they do not revoke trust documents. Failing to update these after a Nevada divorce can result in an ex-spouse inheriting retirement accounts or life insurance proceeds in direct contradiction to your intentions. Leavitt Law Firm handles post-divorce estate plan updates for Clark County clients, including those whose divorce was managed by our family law team.

Nevada's Trust Law Advantages

Nevada is consistently ranked among the top three domestic trust jurisdictions in the United States alongside South Dakota and Delaware. That standing reflects specific statutory advantages that are not available in most other states:

• NRS Chapter 166 authorizes self-settled spendthrift trusts (DAPTs) with a two-year seasoning period, one of the shortest creditor seasoning periods in the country.
• NRS Chapter 163 permits dynasty trusts that can hold assets for up to 365 years without triggering the rule against perpetuities, an option for families planning multigenerational wealth transfers.
• Nevada imposes no state income tax on trust income, which benefits Nevada residents holding assets in irrevocable trust structures.

These are not theoretical distinctions. For Nevada business owners, medical professionals, real estate investors, and individuals with concentrated assets or creditor exposure, Nevada's trust statutes provide planning options that would not be available in many other states. The Trusts page covers Nevada revocable and irrevocable trust structures in detail. The Asset Protection page covers DAPT structures and NRS 166 seasoning requirements specifically.

To speak with our experienced Las Vegas estate planning lawyers, call us at (702) 996-6052 or contact us online today. 

Frequently Asked Questions

Do I need an estate plan in Nevada?

Yes. Any Nevada resident who owns real property, has minor children, holds retirement accounts, or wants a specific person to receive their assets needs at minimum a will, a durable financial power of attorney, and a healthcare directive. Without these, Clark County's Eighth Judicial District Court applies Nevada's intestate succession statutes under NRS Chapter 134 to distribute your estate in a fixed statutory priority order that may not reflect your current family situation.

What is the difference between a will and a living trust in Nevada?

A will names who receives your assets but must go through the Clark County probate court before it takes effect, a process governed by NRS Chapter 136 that typically takes 9–18 months and costs 2–4% of the gross estate in attorney fees under NRS 150.060. A revocable living trust holds your assets and transfers them to beneficiaries directly after death without court involvement, usually within weeks. Most Las Vegas homeowners with property above a minimal threshold benefit from a trust rather than a will alone.

Does Nevada have a state estate tax?

No. Nevada imposes no state-level estate or inheritance tax. Federal estate tax applies only to estates above the current federal lifetime exemption, which is $13.61 million per individual (2024). For the majority of Nevada residents, estate planning addresses probate avoidance, guardianship designation, and incapacity planning, not federal estate tax.

How does Nevada probate work?

Probate in Clark County is handled in the Eighth Judicial District Court, Department 7. The process involves filing an asset inventory, notifying creditors, satisfying debts, and distributing remaining property under court supervision. Under NRS 150.060, Nevada probate attorney fees typically range from 2–4% of the gross estate value. A properly funded revocable living trust avoids this process entirely by transferring assets outside of court.

When should I update my estate plan in Nevada?

You should update your estate plan after marriage, divorce, birth or adoption of a child, death of a named trustee or beneficiary, relocation to Nevada from another state, or a significant change in asset value. Nevada law automatically revokes some will provisions related to a former spouse after divorce, but does not update financial account beneficiary designations; those must be changed directly with the financial institution.

What is a Nevada Domestic Asset Protection Trust?

A Nevada Domestic Asset Protection Trust is a self-settled spendthrift trust authorized by NRS Chapter 166 that allows the trust creator to be a discretionary beneficiary while shielding assets from future creditors after a two-year seasoning period. Nevada's two-year period is among the shortest in the country. DAPTs are used by business owners, physicians, and professionals with creditor exposure who want to retain a beneficial interest in their own trust while protecting assets from future claims.

Does a will avoid probate in Nevada?

No. A will is a set of instructions to the Clark County probate court; it does not bypass probate. Assets subject to a will alone must go through the Eighth Judicial District Court, Department 7 before they can be distributed to beneficiaries. A revocable living trust, beneficiary designations on financial accounts, and joint tenancy with right of survivorship are the primary tools for avoiding Nevada probate.

To speak with our experienced Las Vegas estate planning lawyers, call us at (702) 996-6052 or contact us online today.