Wills and estate planning in Nevada

Researched 2026-10-20 · confidence: medium · 2026 figures

In plain words: in Nevada a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2 (a third is a common precaution here)
Handwritten (holographic) will	Recognised
Self-proving affidavit	Available
Electronic wills	Allowed
Power of attorney	Notary · Uniform Power of Attorney Act
Health care directive	2 witnesses or a notary
State estate tax	No
State inheritance tax	No
Community property	Yes
Age of majority / UTMA age	18 / 18

Signing a will

Statute: NRS 133.040 (holographic: NRS 133.090; electronic: NRS 133.085).

Any gift to a subscribing witness is void unless there are two other competent subscribing witnesses (NRS 133.060); the statute does not save an intestate share.

Witnesses must sign in the testator's presence (NRS 133.040). Because of the strict interested-witness rule (NRS 133.060), never let a beneficiary witness unless 2 other witnesses also sign. A holographic will needs the signature, date and material provisions in the testator's handwriting, with no witness or notary (NRS 133.090). An electronic will needs the testator's date and electronic signature plus one of: an authentication characteristic, an electronic notary's signature and seal, or 2 attesting witnesses' electronic signatures (NRS 133.085). Self-proving for electronic wills and the qualified-custodian rules are in NRS 133.086 and 133.320. Self-proving declarations under NRS 133.050 are signed under penalty of perjury and need no notary.

Power of attorney

Statute: NRS 162A.200 to 162A.660, Nevada's version of the Uniform Power of Attorney Act (execution NRS 162A.220; statutory form NRS 162A.620).

NRS 162A.220 itself only presumes a notarized signature genuine. But the statutory form (NRS 162A.620) states it 'WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC', so always notarize. If the principal lives in a hospital, group residential facility, skilled nursing facility or home for individual residential care, a competency certificate from a qualified provider must be attached (NRS 162A.220(2)). Hot powers needing express grant (NRS 162A.450): trusts, gifts (see also NRS 162A.610), survivorship, beneficiary designations, delegation, waiving annuity survivor rights, fiduciary powers, disclaimers.

Health care directive

Called: Power of Attorney for Health Care Decisions; Declaration (living will).

Statute: Power of attorney for health care: NRS 162A.700 to 162A.870 (execution NRS 162A.790; forms NRS 162A.860 to 162A.870). Living will declaration: NRS 449A.400 et seq. (execution NRS 449A.433). Registry of advance directives: NRS 449A.700 to 449A.739.

For a health care POA, the statutory form's witness statements bar the agent, a health care provider or its employee, and a health care facility operator or its employee. At least one witness must declare they are not related to the principal by blood, marriage or adoption and are not entitled to any part of the estate. If the principal lives in a nursing home, no witness may be its owner, operator or employee (NRS 162A.790).

A health care POA needs either notary acknowledgment or 2 adult witnesses (NRS 162A.790). A living-will declaration under NRS 449A.433 requires 2 witnesses, and that section names no notary alternative. Statutory forms are in NRS 162A.860 to 162A.870 and NRS 449A.436 to 449A.439. Documents can be filed with the Secretary of State's advance-directive registry. The agent may not be the principal's provider or facility staff unless they are the spouse, legal guardian or next of kin (NRS 162A.840).

If there's no will: what a spouse gets

Community property passes entirely to the surviving spouse. For separate property, the spouse takes one-half if one child survives, or one-third if more than one child survives (NRS 134.040; community property: NRS 123.250).

A spouse's right to a share

Nevada has no elective share; the surviving spouse is protected by community property ownership (NRS 123.250) instead.

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Court-supervised probate with simplified tiers. Affidavit collection, available 40 days after death if there is no Nevada real property: $25,000, or $150,000 if the claimant is the surviving spouse (NRS 146.080). Court set-aside without administration for estates up to $150,000 (NRS 146.070). Summary administration for estates up to $300,000 (NRS 145.040).

Money God drafts a Nevada will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

Try Money God free

Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.