Nevada estate plans can range from incredibly simple to quite complex. Testators can create a variety of different documents to address their support needs as they age and control what happens after they die. In some cases, testators decide to add trusts to their estate plans. People establish trusts for many different personal reasons. Perhaps they have a large family and worry about conflicts after they pass. Maybe they worry about qualifying for key benefits as they age or minimizing the tax obligations that fall to the estate.
A trust can give someone more security later in life, protect their assets and allow them to establish a more meaningful long-term legacy. There are many more requirements for the creation of a trust than the establishment of a basic will. Wills generally require witnesses, but Nevada does not currently require the notarization of a will. Is a notary necessary to establish a legally-compliant trust?
State law does require trust notarization
There are numerous requirements for a valid trust outlined in Nevada state law. These requirements include proper funding and choosing a trustee to administer the trust. The trustor creating and funding the trust generally also needs to sign the finalized documents in front of a notary public.
The notary helps validate the identity and testamentary capacity of the party creating the documents. As with wills, many trusts involve physical documents. In the case of trust paperwork, the trustor should sign while in the presence of a notary. There are also special procedures that may involve video conferencing technology that could allow for the remote creation of a trust when someone cannot physically travel to meet with an attorney and notary.
Given that trust can be difficult to challenge in probate court after their creation, having rules in place to protect people from fraud and other common forms of misconduct is important for those establishing a trust. Testators familiar with Nevada’s requirements for different estate planning documents, including trusts, can potentially create custom estate plans that meet their needs and comply with current state statutes.