About Jonathan K. Nelson
Jonathan K. Nelson is the founding and managing attorney of JK Nelson Law, handling estate planning, probate, trust administration, and family law matters throughout Southern Nevada. He was admitted to the Nevada bar in 2012 and has earned recognition as Best of Las Vegas Gold in Estate Law and Probate.
Practice Overview: Estate Planning in Nevada
Nevada estate planning attorneys help Las Vegas residents structure wills, trusts, powers of attorney, healthcare directives, and asset protection strategies. Nevada has favorable trust laws — it allows dynasty trusts, self-settled spendthrift trusts (domestic asset protection trusts, or DAPTs under NRS 166), and directed trusts. Nevada has no state estate or inheritance tax. The Nevada Revised Statutes governing wills (NRS Chapter 133), trusts (NRS Chapter 163), and powers of attorney (NRS Chapter 162A) provide a comprehensive framework for estate planning. A properly drafted estate plan can avoid probate, minimize taxes, and protect assets from creditors.
Frequently Asked Questions
Do I need a will or a trust in Nevada?
Most Nevada residents benefit from both. A will directs the distribution of your probate estate and names a guardian for minor children. A revocable living trust allows assets held in the trust to pass directly to beneficiaries without going through probate (NRS Chapter 163). Trusts also provide privacy (wills become public record in probate), and greater flexibility. An estate planning attorney can help you determine the right combination of documents for your situation.
What is a Nevada Domestic Asset Protection Trust (DAPT)?
Nevada's self-settled spendthrift trust law (NRS 166) allows you to create a trust for your own benefit that is still protected from most future creditors, provided the trust meets Nevada's requirements (including having a Nevada trustee, being irrevocable, and meeting the 2-year seasoning period). Nevada DAPTs are among the most protective in the country. They are commonly used by high-net-worth individuals, business owners, and professionals such as physicians.
How can I avoid probate in Nevada?
Nevada probate (NRS Chapter 136) is required for estates over $300,000 (or real property over $100,000) that pass through a will or intestacy. To avoid probate: fund a revocable living trust (transfer title of assets to the trust), designate beneficiaries on financial accounts and life insurance (TOD/POD), hold property in joint tenancy with right of survivorship, or use Nevada's simplified Small Estate Affidavit process (NRS 146.080) for estates under $100,000.
What powers of attorney do I need in Nevada?
Nevada recognizes a Durable Financial Power of Attorney (NRS 162A) appointing an agent to manage finances if you become incapacitated, and an Advance Healthcare Directive (NRS 449A) combining a healthcare POA (appointing a healthcare agent) and a Living Will (specifying end-of-life preferences). Without these documents, your family may need to petition the court for guardianship/conservatorship — a costly and time-consuming process.
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