Comprehensive guide to Nevada's trust statutes for dynasty planning.
Compare Nevada against other top jurisdictions based on your specific planning goals.
Start Comparison →Nevada abolished the Rule Against Perpetuities for personal property in 2005. Trusts holding financial assets, securities, and business interests can continue indefinitely. Real property interests remain subject to the common law RAP.
Nevada's constitution prohibits state income tax. This applies to individuals, corporations, and trusts. Trust income is not taxed at the state level regardless of trustee location, beneficiary location, or income source.
Nevada has one of the strongest DAPT statutes with a 2-year statute of limitations for fraudulent transfer claims. The state allows self-settled spendthrift trusts and has fewer exception creditors than many competing jurisdictions.
Nevada has comprehensive directed trust statutes allowing separation of trustee duties. Investment advisors and distribution advisors can direct the trustee with explicit liability protection. Trust protector powers are broadly defined and can include powers to modify trust terms, remove trustees, and change situs.
Nevada's decanting statute allows trustees with discretionary authority to distribute trust property to new trusts with modified terms. No court approval is required. Decanting can add trust protector provisions, change administrative provisions, and modify beneficial interests in many cases.
No state income tax, strong asset protection, and very flexible trust laws. The 2-year statute of limitations for fraudulent transfers is tied for shortest in the country.
The 365-year limit on real property trusts is annoying if you're funding with real estate. Also, trust companies here trend smaller and less established than SD.
Nevada is solid. It's not better than South Dakota for most people, but it's not worse either. If your attorney prefers Nevada, don't overthink it.