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Compare 2026 Delaware vs Nevada probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
Nevada sets probate attorney fees by statute as a percentage of the estate, while Delaware allows negotiable "reasonable" fees. Nevada's $100,000 small estate threshold is much higher than 30,000, allowing more estates to skip formal probate. Nevada recognizes handwritten (holographic) wills, offering an alternative to formal witnessed documents.
What's needed to create and execute a valid last will and testament.
Estimated probate costs including attorney fees, executor fees, and court costs.
With a valid will, you control who inherits - but it requires probate.
How easily you can create and sign your will digitally, including remote notarization options.
Delaware
UETA excludes wills; traditional execution with physical witnesses required
83 Del. Laws c. 425, effective Aug 1, 2023. RON available to all registered notaries (not attorney-only).
Nevada
Accepts out-of-state remote notarization
Electronic statute: NRS 133.085
NRS 133.085 (2001) authorizes electronic wills - one of the earliest states.
Nevada was among the first states to authorize RON (2017). Has electronic wills law (NRS 133.085) since 2001.
How to modify your will after it's been signed and executed.
Delaware
Requires creating a new will or codicil with the same execution requirements. Delaware does not authorize electronic wills.
Nevada
Nevada authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.
No-contest clause rules differ significantly. One state does not enforce these clauses, while the other does.
Neither Delaware nor Nevada requires witnesses or notarization for trust execution. Many banks and title companies do require notarized trust documents before accepting them.
Both Delaware and Nevada offer transfer-on-death deeds. TOD deeds transfer real estate at death without probate but only cover real property and don't provide incapacity protection. Trusts cover all asset types, provide privacy, and include incapacity provisions.
Guides covering Delaware and Nevada estate planning laws.
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