Nevada charges no state estate tax and no inheritance tax, so most families only need to think about the federal estate tax, which applies above $15 million per person in 2026. A valid Nevada will must be signed by the testator and attested by two competent witnesses who watch the signing in person.
A complete Nevada estate plan usually includes a will, a durable power of attorney, and health care directives, with a trust added when a resident wants privacy or wants to avoid probate for property in more than one state. FastWill's online will builder covers Nevada's witness requirements from the start.
Does Nevada Have an Estate Tax or Inheritance Tax
No. Nevada has no state estate tax and no inheritance tax, which makes it one of the more tax-friendly states for passing on wealth. The only tax exposure comes from the federal estate tax, which applies only above $15 million per person in 2026. For nearly all Nevada residents, this means state-level estate tax planning is unnecessary.
How to Make a Valid Will in Nevada
Under Nevada Revised Statutes Chapter 133, specifically NRS 133.040, a will must be in writing, signed by the testator (or by someone else at the testator's express direction), and attested by at least two competent witnesses who physically watch the testator sign and then sign the will themselves in the testator's presence and in the presence of each other. Nevada also voids any gift to a witness under the will unless there are two other competent witnesses who receive nothing, so it is simplest to choose witnesses who are not beneficiaries.
- Be 18 or older and of sound mind
- Sign the will yourself in front of two witnesses
- Have both witnesses sign in your presence and in each other's presence
- Name an executor and a guardian for minor children
What Happens if You Die Without a Will in Nevada
Nevada is a community property state, so a surviving spouse generally keeps their half of community property automatically, while the deceased spouse's half and any separate property pass according to Nevada's intestacy statute if there is no will. Without a will, the state decides who inherits, not you, and unmarried partners and friends are left out entirely.
Trusts and Probate in Nevada
Nevada probate follows a defined process: inventorying assets, filing a petition with the court, appointing a personal representative, notifying creditors and beneficiaries, paying debts and taxes, and distributing what remains. A revocable living trust lets assets bypass this process entirely, and Nevada is a popular state for trust planning generally, thanks to favorable trust laws that some residents and non-residents use for privacy and long-term family wealth management.
Not every Nevada household needs a trust. For a simpler estate, a will paired with updated beneficiary designations is often enough. Compare the two approaches in our guide to the difference between a will and a trust.
Powers of Attorney and Health Care Decisions
A Financial Power of Attorney lets a trusted agent pay bills, file taxes, and manage investments if you become incapacitated. An Advance Health Care Directive records your treatment preferences, including choices around life support and organ donation, while a Durable Power of Attorney for Health Care names a trusted person to make medical decisions on your behalf.
If you have moved to or from Nevada, review our guide on updating your will, trust, and power of attorney after a move, since witness requirements are stricter here than in some other states.
Digital Assets and Personal Property in Nevada
A modern Nevada estate plan should also account for digital assets: online banking logins, cryptocurrency wallets, email, and social media accounts. Nevada has adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, which gives your executor a legal path to access certain digital accounts if you have granted that permission in your will or through an online tool offered by the platform itself. List your major digital assets and how you want them handled, then store login information somewhere secure and separate from the will itself, since a probated will becomes a public record.
Frequently Asked Questions
Do Nevada witnesses need to watch me sign in person
Yes. Nevada requires witnesses to physically watch the testator sign the will, which is stricter than states that allow acknowledgment of a prior signature.
Does Nevada have an inheritance tax
No. Nevada has no inheritance tax and no state estate tax.
Is Nevada a community property state
Yes. Most assets acquired during a marriage in Nevada belong equally to both spouses, which affects both estate planning and intestacy outcomes.
Can a beneficiary witness my Nevada will
Nevada voids the gift to a witness who is also a beneficiary unless there are two other competent witnesses who receive nothing under the will, so it is safest to use disinterested witnesses.
Why do people set up trusts in Nevada
Nevada has favorable trust laws that some residents and non-residents use for privacy and long-term asset management, in addition to the usual probate avoidance benefits of a trust.
Nevada's stricter witness rule is the one detail most likely to trip up a do-it-yourself will, so it pays to get it right. See FastWill's plans and pricing to get started.
