Estate Planning in Nevada: Why You Need a Plan
hen Aretha Franklin died in 2018 without a legal will (intestate), she joined a remarkably long list of legendary stars — including Bob Marley, Sonny Bono, and Prince — who did the same. By simply not preparing an estate plan, she made settling her affairs far more complicated and expensive for her heirs. While your estate may not be as large or complex as hers, it is still extremely important to have a plan in place in the event of your death.
An estate plan is important for everyone, regardless of income, to ensure that your assets are distributed fairly and efficiently. Realizing your vision for the future requires a carefully and personally crafted estate plan.
An ‘estate’ is a collection of everything you own. That includes real property, vehicles, cash, investments, business interests, and all other personal property. An ‘estate plan’ is a collection of legal documents that detail your intentions and expectations for three general situations:
- What happens when you can no longer care for yourself and/or your estate;
- What happens to your assets after you pass away; and
- Who will look after your children, if necessary.
A comprehensive estate plan does not just involve what occurs after your death — it can also cover a situation where you are incapacitated, physically and/or mentally.
Importantly, and what is often overlooked, is that a plan can make life a lot easier for your loved ones, who don’t want to be thinking about financial and legal matters as they grieve and handle your last wishes. Without an estate plan, it can be more difficult, time-consuming, and expensive for your heirs to handle your financial accounts, property, and other assets — and ultimately to make sure everything is distributed the way you wanted.
What Do I need?
Exactly what you need in your estate plan depends on your assets and your family situation. Business owners will need a succession plan; parents with young children will want to provide for their children’s health, education, maintenance, and support; and parents of children with special needs may need to set up a special needs trust.
Estate planning is especially important for unmarried couples and blended families. State law awards assets to biological relatives if there is no will, and an unmarried partner will be shut out. Blended families may want to split assets between current spouses and children of previous marriages — or they may not.
If you live in a community property state, which Nevada is, your spouse may be entitled to receive your community property after your death. This can make it difficult to pass on assets to other heirs. If it is your intent to provide for someone other than your spouse (for example, if you are separated or have a divorce pending, or you have children from a prior relationship), it is imperative that you have an estate plan.
On this Page
Avoiding Probate
In Nevada, a Will does not help your estate avoid probate. If you have a Will, the court uses the Will as its guide. If you did not have a Will, or if it was invalid for any reason, you are considered to have died intestate (just like the legendary stars above), and the court will use state intestacy laws to decide who oversees your estate and who inherits your assets.
Probate is the process of verifying that your Will (if you have one) is legal and that your final wishes are carried out. The court-appointed Executor of your Will manages your estate through the probate process. If you died intestate, an Administrator is appointed. Your Executor or Administrator will handle tax returns and payments, creditor payments, and the sale and liquidation of assets, together with all other matters affecting your estate.
Estate and Inheritance Tax
Nevada does not have a state estate or inheritance tax; however, an estate in Nevada is still subject to federal estate tax. For 2026, the first $15 million per individual is exempt at the federal level — a combined $30 million for married couples — so your estate will owe federal estate tax only if it exceeds that amount. Under the 2025 One Big Beautiful Bill Act, this exemption was made permanent and is indexed annually for inflation. Amounts above the exemption can be taxed at up to 40%.
Other states do have a state inheritance tax, so your beneficiaries may be subject to state inheritance tax depending on where they live.
The Four Steps to Estate Planning
When you create your estate plan, there are many things to consider — like who you would want in charge of your healthcare and financial decisions, and who you would like your assets distributed to.
Consider what would happen if a named person is unable or unwilling to serve, or if he or she predeceases you. It is always recommended that you name successors and contingent beneficiaries.
- List everything you own
- Design a plan
- Execute the plan
- Keep your plan up to date
Keeping Your Plan Up to Date
Even after you have created your estate plan, you should review it from time to time based on changes in your life — and everyone should check at least every two years. Heirs may have died or remarried, or the person you chose to administer your estate may no longer be capable. If you marry or divorce, you should also review your estate plan.
Moving Forward
Creating an estate plan is one of the most thoughtful things you can do for the people you love. The attorneys at Jones & LoBello can help you build a plan tailored to your assets, your family, and your wishes — and keep it current as your life changes.
