How Does Step-Up in Basis Work in Nevada?
Inherited assets in Nevada take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxNev. Const. Art. 10, § 1(9) — "No income tax shall be levied upon the wages or personal income of natural persons"Verified Sep 15, 2026View source.
When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Nevada as in every state.
State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces no state capital gains taxNev. Const. Art. 10, § 1(9) — "No income tax shall be levied upon the wages or personal income of natural persons"Verified Sep 15, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.
For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.
No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Nevada layer. Short-term ordinary-income rates never apply.
Yes. Nevada is a community property state, so at the first spouse's death both halves of community property26 USC § 1014(b)(6)Verified Sep 15, 2026View source take a new basis at fair market value under IRC § 1014(b)(6), not only the decedent's half. In a separate-property state the survivor's half keeps its original basis. The surviving spouse can sell soon after the death with little or no capital gains tax on the appreciation of the marriage.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Planning and Settling an Estate in Nevada
Free Nevada forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Nevada, the notice to creditors is published for 3NRS 147.040, NRS 147.070, NRS 147.130, NRS 147.195, NRS 155.020Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 3 monthsNRS 147.040Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Nevada, a person named as personal representative may renounce the right to serveNRS 136.090(1)(b); NRS 138.020(2)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Nevada, the Affidavit of EntitlementNRS 146.080Verified Sep 8, 2026View source covers estates with personal property of $25,000NRS 146.080Verified Sep 8, 2026View source or less, 40 daysNRS 146.080Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Nevada, the personal representative files the estate inventory within 120 daysNRS 144.010, NRS 144.090Verified Sep 15, 2026View source of appointment.
Estate Closing
In Nevada, the personal representative is discharged by court orderNRS 151.230, NRS 150.200, NRS 150.210Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Nevada, a will is signed before 2NRS 133.040Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNRS 133.040Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Nevada
Free calculators and checklists for planning or settling an estate in Nevada: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Are Estate & Inheritance Taxes?
Nevada levies no estate or inheritance taxNev. Const. art. 10, §§ 1(7) & 4; NRS 375A.025, 375A.100Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Nevada imposes no inheritance or estate taxNev. Const. art. 10, §§ 1(7) & 4; NRS 375A.025, 375A.100Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Nevada costs an estimated $24,726NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees on a statutory schedule presumed reasonableNRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source. Estates under $25,000NRS 146.080Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in Nevada costs an estimated $24,726NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableNRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source, typically 1%NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source to 4%NRS 150.060 (reasonable compensation; if computed on the value of the estate the court allows 4% on first $100K, 3% next $100K, 2% next $800K, 1% next $9M, 0.5% next $15M — hourly billing also permitted, fee fixed by written agreement and approved by the court)Verified Sep 8, 2026View source of the estate.
Who Inherits Without a Will?
Nevada is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Nevada, descendants divide what passes to them per stirpesNRS § 134.040, NRS § 132.290Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
How Many Death Certificates Do I Need?
In Nevada, certified death certificates come from the Nevada Division of Public and Behavioral Health - Office of Vital RecordsNevada Division of Public and Behavioral Health - Office of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $25Nevada Division of Public and Behavioral Health - Office of Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In Nevada, estates with personal property of $25,000NRS 146.080Verified Sep 8, 2026View source or less skip probate with the Affidavit of EntitlementNRS 146.080Verified Sep 8, 2026View source, 40 daysNRS 146.080Verified Sep 8, 2026View source after death.
Nevada Estate Planning Resources
In-depth guides covering Nevada probate laws, trust requirements, and estate planning strategies.
