Understanding Wills, Trusts, and Probate in Nevada: What Homeowners Should Know

Estate planning is often viewed as something to be addressed later in life, yet for Nevada homeowners, understanding how wills, trusts, and the probate process work is essential to protecting real estate assets and ensuring a smooth transition for loved ones.

For those who own a home, whether it’s a primary residence, investment property, or vacation home, planning how that asset is handled after death is more than just a legal technicality—it’s a critical financial decision. In Nevada, the legal frameworks surrounding probate, wills, and trusts are unique and can either simplify or complicate how your property is transferred. Here’s what homeowners need to know.

Probate in Nevada: A Costly and Time-Consuming Process

Probate is the court-supervised process of validating a will (if there is one), settling debts, and distributing assets after a person passes away. In Nevada, probate is required for any estate valued over $25,000, or $100,000 if a surviving spouse is the sole heir—and that includes real estate.

Key Aspects of Probate in Nevada:

• The process can take 6 months to over a year depending on the complexity of the estate.
• Probate is public, meaning details about the estate become part of the public record.
• It can be costly, with attorney fees, court fees, and executor fees reducing the value of the estate.
• If no valid will exists, the estate is distributed based on Nevada’s intestate succession laws, which may not reflect the deceased’s wishes.

Homeowners hoping to avoid probate often look for alternative estate planning tools—namely revocable living trusts.

Why Trusts Are the Preferred Method for Avoiding Probate

A revocable living trust is a legal document that places assets—like a home—into a trust during the person’s lifetime. The person who creates the trust (the grantor) retains control over their property while alive and designates a successor trustee to manage or distribute assets upon death.

Benefits of Using a Trust in Nevada:

• Avoids probate entirely for any assets held in the trust.
• Allows for privacy, since trust proceedings are not public like probate.
• Offers continuity, so property management continues without court delays.
• Can include detailed instructions about how and when beneficiaries receive assets.
• Useful for out-of-state property, helping avoid multiple probates in different jurisdictions.

Nevada is considered a trust-friendly state, offering strong legal protections, creditor shielding (in some trust types), and favorable statutes that make trust administration relatively efficient.

Wills in Nevada: Still Essential, But With Limitations

A will is still a valuable estate planning document, especially for naming guardians for minor children, appointing an executor, and specifying personal property distributions. However, a will alone does not avoid probate.

Important Will Facts:

• It must meet Nevada’s formal requirements: typically in writing, signed by the testator and two witnesses.
• A holographic will (handwritten and signed by the testator) is valid in Nevada if entirely in the person’s handwriting, even without witnesses.
• Wills become public record once submitted to probate court.

The Intersection of Real Estate and Estate Planning

For Las Vegas-area homeowners, the family home is often the most valuable asset in the estate. Transferring ownership through a trust can avoid delays in listing, selling, or refinancing the property after death. Without a trust, a property could sit tied up in probate, potentially losing market value or incurring ongoing expenses.

If someone inherits a home through probate and wants to sell, they may face additional requirements such as court approval, notices to heirs, and possible delays in closing. These hurdles can create complications, especially if heirs are out of state or the property requires maintenance.

Common Situations Where Trusts and Probate Guidance Are Crucial

• Downsizing or relocating after the loss of a spouse: A trust can make asset transfers and title changes seamless.
• Selling inherited property: Navigating probate is necessary before listing the home unless it’s held in trust.
• Avoiding conflict among heirs: Clear instructions in a trust reduce confusion and disputes.
• Elder homeowners planning ahead: Placing property in a trust helps ensure control during life and smooth transition after.

Already Facing Probate? Help Is Available

If you or someone you know is already navigating probate, legal guidance is essential. Chris Wood, a seasoned estate planning and probate attorney at Wood Law Group, serves clients throughout Nevada with a focus on probate resolution, trust creation, and protecting property rights.

Whether it’s assisting with the sale of a property during probate, handling filings, or advising on the best estate planning strategies, having the right professionals can reduce stress and prevent costly mistakes.

How a Real Estate Professional Can Help

When a trust is already in place—or once probate has been resolved—a licensed real estate professional can help assess the property’s market value, evaluate timing for a sale, and navigate the listing process. Whether it’s a family home or an inherited investment property, working with a knowledgeable agent ensures that financial decisions align with both the estate’s goals and market conditions.

If you’re considering your estate planning options or need guidance on how to sell a property tied to a trust or probate, a confidential consultation can provide clarity and direction.

Final Thoughts

For homeowners in Las Vegas, Henderson, and surrounding areas, planning ahead with the right estate tools is one of the most important decisions you can make. Trusts offer privacy, efficiency, and flexibility—while wills, though valuable, often require probate. The key is understanding how each tool works and how to apply them based on your goals.

When real estate is involved, especially in a rapidly evolving market like Southern Nevada, combining legal expertise with real estate insight ensures your assets are protected and your legacy preserved.

Disclaimer: This is not legal advice. Please consult a licensed attorney for estate planning guidance. This communication is not intended to solicit properties already listed with another real estate professional. If your property is currently listed with a licensed real estate broker, please disregard this notice. This message is for informational purposes only and does not constitute legal, financial, or real estate advice. REALTORS® with Real Broker, affiliated with The Batchelor Hanna Group, serving Las Vegas, NV and it’s surrounding areas.