Nevada State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Nevada Revised Statutes Annotated
Probate jurisdiction rests with the District Court

Minimum age requirement to:

Distribute property by will: 18 (Section 133.020)
Which minor gets property: 18 to 25

Holographic will recognized (Section 133.090)

State taxes:

Estate tax: Equal to the maximum federal credit for estate taxes(Section 375A.100)
State gift tax:Inheritance tax: No inheritance tax (Section 375A.100)
- No state gift tax(Section 375A.100)
- Anatomical Gift Act (Section 451.500 to 451.590)
Inheritance tax: No inheritance tax (Section 375A.100)

Default rules: How property is distributed if there is no will, i.e. (laws of intestate succession): (Section 134.040 to 134.160)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - If there is only one child that survives you, then all of your community property and one-half (1/2) of your separate property will go to your surviving spouse, and the other one-half (1/2) to your surviving child or to their children in accordance to their per stirpes share
  - If more than one child survives you, then all of your community property and one-third (1/3) of your separate property will go to your spouse, and the other two-thirds (2/3) will go equally to your surviving children or to their children according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - If there is only one child that survives you, then all of your community property and one-half (1/2) of your separate property will go to your surviving spouse, and the other one-half (1/2) to your surviving child or to their children in accordance to their per stirpes share
    - If more than one child survives you, then all of your community property and one-third (1/3) of your separate property will go to your spouse, and the other two-thirds (2/3) will go equally to your surviving children or to their children according to their per stirpes share
    - No children and both of your parents of deceased:
      - All of your community property and one-half (1/2) of your separate property will go to your surviving spouse, and
      - The other one-half (1/2) will go equally to your siblings or to their children according to their per stirpes share. If no siblings, then to the spouse
    - No children, but at least one of your parents survives you:
      - All of your community property and one-half (1/2) of your separate property will go to your surviving spouse, and
      - The other one-half (1/2) will go equally to your surviving parents
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) equally or to their children in according to their per stirpes share. If none, then to your next of kin

Who must be named as a beneficiary in your will: see details in statute (Section 131.160 and 134.005)

Surviving spouse must be given:See statute for others (Sections 133.160 and 134.005)
- One-half (1/2) of your community property (Section 123.250)
- See statute for others (Sections 133.160 and 134.005)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- If will was signed prior to entry of divorce decree, then the will is revoked (Section 133.115)
You get married without changing your will that does not provide for your new spouse:
- Revokes will as to spouse, unless will expressly provides for spouse, but spouse may still be entitled to shares under state intestate law (Section 133.110)

Out of state executors: Must appoint co-executor or must get court approval (Section 139.010)

Witnesses:

Minimum number of witnesses required: Two; electronic wills are valid (Section 133.040 and 133.085)
Are witnesses allowed to be beneficiaries?: No, unless there are two other disinterested witnesses (Section 133.060)
Requirements to be a witness, witnesses must be an adult, and no other restrictions apply

Property ownership (Sections 111.060 and 111.065):

Community property state
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety is not recognized in this state
Tenancy in common and joint tenancy is recognized

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 133.050)
Living will: Nevada Declaration (Section 449-610) determination of by a doctor that your death will occur without the use of life-sustaining medical care