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MORTL → State Guides → Nevada
State Guide
What Nevada law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.
Someone just died in Nevada? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed Nevada attorney for your specific situation.
This is general information, not legal advice. Nevada law changes. Your situation is specific. For anything that matters, talk to a licensed Nevada attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In Nevada, estates under $150,000 can skip full probate through a simplified process or affidavit. Cremation has no statutory waiting period. There's no Nevada estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed August 2026 · Nevada
Someone just died in Nevada: the first 24 hours →Verified providers in Nevada →
Last verified: August 7, 2026
Source: NRS Chapter 440, Southern Nevada Health District ↗At a Glance
File within 3 days · Restricted for 50 years · Then public
The funeral director or person acting as undertaker is responsible for obtaining and filing the certificate of death with the local health officer, and for securing a burial or removal permit before the body is disposed of (NRS 440.450). The completed certificate must reach the local registrar within 72 hours after the death or its discovery (NRS 440.490). If the case goes to the coroner, the coroner files the completed certificate once the investigation closes. No body may be buried, cremated, or held more than 72 hours after death until the local health officer has issued the permit (NRS 440.540).
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
Death certificate information stays restricted for 50 years from the date of death (NRS 440.125). Until then the State Registrar issues a certified copy only to an applicant with a 'direct and tangible interest' in the record (NRS 440.650). That covers close relatives by blood or marriage, legal representatives, and funeral directors handling the death. Orders can be placed online, by mail, or in person.
Order certified copies from Nevada's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$22-25 per certified copy in Nevada, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
At a Glance
Small estate threshold vs. national average
SB 404 raised Nevada's thresholds effective October 1, 2025. An estate worth $150,000 or less can be set aside by court order without administration (NRS 146.070). An estate whose gross value, after encumbrances, doesn't exceed $500,000 can go through summary administration, a shorter court process (NRS 145.040). Above $500,000 it's general administration. On timing, the Civil Law Self-Help Center, which Legal Aid Center of Southern Nevada runs under contract with Clark County, says to expect at least 120 to 180 days for general administration, and NRS 143.037 requires the personal representative to close the estate within 18 months of appointment.
The small estate affidavit is narrower than the set-aside, and the cap depends on who's claiming. Under NRS 146.080 a surviving spouse can claim up to $150,000; any other claimant is capped at $25,000. The affidavit works only if the decedent left no Nevada real property, at least 40 days have passed since the death, and no petition for a personal representative is pending or granted anywhere.
If a person dies in Nevada without a valid will (intestate), their property is distributed according to the state's laws of intestate succession, outlined in NRS Chapter 134. The distribution depends on the surviving relatives.
Nevada offers several methods to avoid probate. These include establishing a revocable living trust, which allows assets to be transferred to beneficiaries outside of court. Other strategies involve using payable-on-death (POD) or transfer-on-death (TOD) designations for bank accounts and securities, and holding property in joint tenancy with right of survivorship.
A straightforward Nevada probate typically runs 18-mo close deadline, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
$150,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Nevada law adds.
Yes. Nevada authorizes the deed upon death under Nev. Rev. Stat. §§ 111.655 to 111.699. Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Nevada calls it a deed upon death; record it with the county recorder before death, and the statute includes a fill-in form at NRS 111.695.
Nevada doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No bereavement-specific coverage. The general paid leave law reaches private employers with 50 or more employees in Nevada, once the employee reaches the 90th calendar day of employment and once the employer is past its first two years of operation. Temporary, seasonal and on-call employees are excluded.
How much. No bereavement days required. The general paid leave is capped at 40 hours a year, about 5 days for a full-time worker, usable for any reason.
Paid or unpaid. Not applicable for bereavement. The general paid leave is paid at the employee's rate at the time it's taken.
Nevada gets close without ever using the word. Any private employer with 50 or more employees in Nevada must provide paid leave accrued at 0.01923 hours per hour worked, roughly 40 hours a year, and NRS 608.0197(2) says the employer "shall allow an employee to use paid leave for any use" and that an employee "may use paid leave available for use by that employee without providing a reason to his or her employer for such use." A funeral qualifies because everything qualifies, and the employee only has to give notice as soon as practicable. What's missing is anything aimed at a death: employers under 50 employees, businesses in their first two years, and temporary, seasonal and on-call workers are all outside it, the cap is 40 hours whether the year brought one funeral or three, and employers can require a minimum increment of up to 4 hours per use. State employees have a rule of their own, NAC 284.562, which lets them use accrued sick leave or catastrophic leave for a death in the immediate family; the section text didn't render from the official NAC page, so the day limit isn't recorded here. Nothing in Nevada law covers pregnancy loss leave.
Yes. Nevada enforces pet trusts under NRS 163.0075, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when the last animal it covers has died, and Nevada sets no year limit on it. Nevada counts the animals that are alive when you die rather than only the ones you had when you signed, so a dog you take in later is still covered. The trustee is the one who has to carry the trust out, and if you don't name a trustee a court appoints someone to do that job. Anyone who can show the court a real interest in your animal's welfare can ask to be made trustee or to have the current one removed, and the court has to give preference to a person who shows that interest. A judge can treat part of the money as excess if it's more than your animal's care requires. Unless your trust says otherwise, that extra goes to whoever would have taken the trust property if the trust had ended on the day it's paid out. Nevada runs everything through the trustee, so pick that person carefully, name a backup, and say in the trust who should get any money left over. Nevada also tells its courts to read your wording generously in favor of the trust existing, so an imperfect clause still stands a real chance.
Last verified: July 17, 2026
Source: Nev. Rev. Stat. §§ 134.030-134.120; § 123.250 ↗If you die intestate (without a valid will) in Nevada, Nev. Rev. Stat. §§ 134.030-134.120; § 123.250 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.
Community property state: the surviving spouse ends up with 100 percent of the community property (NRS 123.250); the fractional splits apply only to separate property. Parents and even siblings take separate property against a surviving spouse when there are no children.
What your spouse inherits depends on who else survives you. The four common family shapes:
The children take the entire estate in equal shares, with a deceased child's descendants taking that child's share by representation.
After children come parents, then siblings and their children, then the next of kin in equal degree; with no heirs the estate escheats to the state for educational purposes (NRS 134.120).
Last verified: August 7, 2026
Source: NRS 162A.790 (power of attorney for health care); NRS 449A.433 (declaration on life-sustaining treatment) ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
Nevada recognizes two separate documents and the signing rules aren't the same. A power of attorney for health care must be signed by you, and your signature must be either acknowledged before a notary public or witnessed by two adults. The notary is an alternative to the witnesses, not an extra step. If you live in a nursing home, neither witness can be the home's owner, operator, or an employee (NRS 162A.790). A declaration on withholding or withdrawing life-sustaining treatment, Nevada's living will, must be signed by you or by someone at your direction and attested by two witnesses (NRS 449A.433). The declaration statute doesn't offer a notary alternative. You can register either document with the Nevada Lockbox through the Secretary of State's office.
A power of attorney for health care that covers withholding or withdrawing life-sustaining treatment counts as a declaration too (NRS 449A.433(3)), so one properly executed document can do both jobs.
A Durable Power of Attorney for Health Care in Nevada allows you to appoint an agent to make medical decisions on your behalf if you become incapacitated. This document is separate from a financial power of attorney and must specifically grant authority for healthcare decisions. It takes effect when you sign it unless you write in a later date or say it starts on incapacity, and incapacity has to be determined in writing by a physician, advanced practice registered nurse, psychiatrist, or licensed psychologist (NRS 162A.810).
Nevada recognizes Physician Orders for Life-Sustaining Treatment (POLST) forms. A POLST is a medical order for individuals with serious illnesses or frailty, near the end of life, to ensure their wishes regarding life-sustaining treatment are honored across healthcare settings. It's distinct from an advance directive, which is for future care, as a POLST is a physician's order for current medical treatment. The official Nevada POLST website provides information and forms.
Start with NRS 162A.790 (power of attorney for health care); NRS 449A.433 (declaration on life-sustaining treatment), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Nevada requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: July 18, 2026
Source: Nev. Rev. Stat. §§ 451.600-451.715 (cremation); NRS 440.450 (permits) ↗At a Glance
Nevada has no statutory waiting period before cremation. The requirements are paperwork. The crematory can't cremate until the death certificate has been signed and it holds a written authorization, on the crematory's own form, signed by the authorized agent (NRS 451.660). Who counts as the authorized agent follows the priority list in NRS 451.024. The funeral director must file the death certificate and secure a burial or removal permit before any disposition, cremation included (NRS 440.450). An unembalmed body may not be held longer than 24 hours unless the holding facility is refrigerated (NRS 451.675).
Nevada allows green burial, which involves natural disposition without embalming or concrete vaults, provided proper protocols are followed. Human composting (Natural Organic Reduction) became legal in Nevada in 2023. Alkaline hydrolysis (aquamation or water cremation) was approved in 2017. Home burial is generally permitted if local zoning and health regulations are met.
Funeral homes in Nevada are regulated by the Nevada Funeral and Cemetery Services Board (NRS ch. 642). They must be licensed and adhere to state and federal regulations, including the FTC Funeral Rule, which requires price disclosure. Funeral homes can't force embalming unless legally required, which is rare in Nevada.
Nevada sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. NRS 451.024(9): a person 18 or older may name someone by including the authorization in a validly executed will or durable power of attorney, or by executing a notarized affidavit in the statutory form set out in the section. Nevada is unusual in the ranking. The designated person sits at paragraph (a), above the DD Form 93 designee, where most states put the military form first.
When the same tier disagrees. NRS 451.024(4): where more than one person is authorized within a particular priority class under paragraphs (d) through (h), a funeral establishment or direct cremation facility "may require a majority of the members of the priority class to agree upon a disposition of the remains of the decedent." The section sets out no court petition procedure for a deadlock.
Under subsection 3, arrest or charge for murder (NRS 200.010) or voluntary manslaughter (NRS 200.050) in connection with the death automatically relinquishes the authority of anyone in paragraphs (c) through (h), and it passes to the next in priority. Authority also drops to the next person if the authorized person is not reasonably available, which is presumed after 30 days of unsuccessful contact or of unwillingness to make arrangements, and under subsection 12 a higher-priority person who makes contact before final disposition displaces a lower-priority one already acting. The volunteer who signs the subsection 2 affidavit and pays gets no claim against the estate or anyone else for the cost.
Source: Nev. Rev. Stat. § 451.024 (added 2003; amended 2011, 2015, 2017) ↗
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. County indigent burial or cremation. Nevada has no statewide indigent funeral program. The board of county commissioners in the county where the person died. NRS 428.090 makes it a county charge. In Clark County it's Clark County Social Service, 702-455-4270. In Washoe County it's the Human Services Agency, Adult Services, (775) 328-2700.
What it pays. Not published, and it can't be, because the statute doesn't set one. NRS 428.090(2) says that if the person dies, "the board of county commissioners shall give or order to be given to the person a decent burial or cremation," and subsection (3) says the board "shall make such allowance for the person's board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury." Each county sets its own limits and standards. Clark County's and Washoe County's official pages both describe the help without publishing a dollar figure.
What disqualifies you. Call the county where the death happened, not the county where you live. NRS 428.090 attaches the duty to the county where the person fell sick and died "not having money or property." Each board sets its own uniform standards of eligibility. Clark County Social Service covers burial or cremation for indigent people whose responsible party meets financial requirements by household size, and the person has to have been a Clark County resident, or a resident whom Clark County Public Guardian relocated out of the county for nursing, home placement, or hospital care. Clark takes referrals only from crematories, cemeteries, funeral establishments, or direct cremation facilities under contract with the county, so ask the county for the contracted list before you pick a provider. Washoe County covers county residents and non-Nevada residents who got sick and died in Washoe, with income and asset limits by household size, and referrals can come from a licensed funeral home, the Public Administrator, the Coroner's Office, or from a relative or friend directly. Under NRS 428.070 a responsible relative may still get help and be asked to repay, and a father, mother, or child with the financial ability has to pay the county back for what it spent on a burial, entombment, or cremation.
2. If the death was caused by a crime. $5,000. Section 400.19 of the Nevada State Plan for Services for Victims of Crime, which voc.nv.gov publishes as its program policies, says "The VOCP may reimburse up to $5,000 for a deceased victim's funeral and burial expenses." It's not limited to family: "This benefit is not restricted to family members but can be paid to any individual who has paid funeral and burial expenses for a qualified victim." Two conditions attached: money raised for the funeral elsewhere, including "voluntary crowdfunding platforms that raise funds specifically for funeral/burial costs," has to be used and exhausted first, and "A pre-purchased funeral or grave" isn't covered. No sub-caps for a headstone, flowers, or burial clothing are published. The whole claim is capped at $35,000, which the program's own benefits page states as well.
Nevada crime victim compensation ↗
3. Money the person was already owed. Search Nevada's unclaimed property before you borrow anything. Searching and claiming are free.
Do this in order. First, call the county where the person died. That's the county on the hook under NRS 428.090, and it may not be the county you live in. If the death was in Las Vegas or anywhere in Clark County, call Clark County Social Service at 702-455-4270 and ask for the list of contracted mortuaries before you choose a funeral home, because Clark only takes referrals from providers under contract with it. If the death was in Reno, Sparks, or anywhere in Washoe County, call Adult Services at (775) 328-2700, and know that you can start that one yourself as a relative or friend. In every other county, call the county commissioners' office or the county social services office and say the words indigent burial. No Nevada county has to publish an amount, so ask what they cover and what they won't before you sign anything. Expect a repayment question. Under NRS 428.070, a parent or an adult child with the money is supposed to pay the county back for a burial or cremation it funded, and both Clark and Washoe describe help with repayment attached in some cases. Ask about it up front so it isn't a surprise later. Second, if the person was killed in a crime, apply to the Nevada Victims of Crime Program: North (775) 687-8428, South (702) 486-2740, VOCP@dcfs.nv.gov. Funeral and burial expenses are covered up to $5,000, and whoever actually paid the bill can claim, family or not. Two rules matter here: if there's a GoFundMe or similar raising money for the funeral, that money has to be spent first, and a prepaid funeral or grave isn't covered. The crime has to have been reported to police or another law enforcement agency within 5 days unless the victim was physically or mentally unable, and the application has to be in within two years of the crime. Third, search https://www.nvup.gov/, the State Treasurer's unclaimed property site, under the person's name. It's free.
Last verified: July 16, 2026
Source: Nev. Rev. Stat. ch. 375A (Tax on Estates) ↗At a Glance
Nevada is one of several states that doesn't impose a state-level estate tax. This means that estates of deceased Nevada residents aren't subject to an additional state tax beyond any applicable federal estate tax. The state eliminated its estate tax for all deaths occurring on or after January 1, 2005.
While Nevada has no state estate tax, the federal estate tax may still apply to very large estates. Consult an estate planning attorney for specific guidance.
Nevada doesn't impose an inheritance tax. An inheritance tax is typically paid by the beneficiaries who receive assets from an estate. Therefore, beneficiaries inheriting property in Nevada don't pay a state-level tax on their inheritance.
The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.
No. Nevada has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.
No. Nevada doesn’t tax inheritances. Heirs owe no state tax on what they receive.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 9, 2026
Source: NRS Chapter 451, Donate Life Nevada ↗At a Glance
In Nevada, individuals can register to be organ, eye, and tissue donors through several methods. The most common way is when applying for or renewing a driver's license or state ID card at the Department of Motor Vehicles (DMV). Online registration is also available through the state's donor registry.
A registered donor's decision is legally binding in Nevada. Nobody else can make, amend, or revoke the gift after your death (NRS 451.562(1)). One exception: if the donor is an unemancipated minor, a parent or guardian who is reasonably available can revoke or amend the gift (NRS 451.562(7)). Organ procurement organizations still consult families in practice, so tell yours what you decided.
Source: NRS 451.562 (preclusive effect of anatomical gift, amendment or revocation) ↗
Need Help in Nevada?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in Nevada →From The MORTL Edit
Sources: Nevada Revised Statutes (NRS) Chapters 134, 162A, 440, 451; Southern Nevada Health District; Nevada Department of Health and Human Services, Office of Vital Statistics; Donate Life Nevada. Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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