Nevada: Every Legal, Medical, and Estate Planning Document You Need

Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Nevada. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution

February 2, 2021

If you call the state of Nevada home, then you’ll need to know about various laws that apply to medical records and registries, taxes, as well as estate planning. Nobody wants to be caught in a situation where they don’t have the right form or know the correct process to go through. Fortunately, you can organize your important documents with ease and ensure that you follow all of the necessary laws and procedures in the state of Nevada.

Essential Medical State Laws & Forms: Nevada

How to Get Your Medical Records in Nevada

While most states set the minimum medical record keeping time at 10 years, Nevada only requires hospitals, clinics, and physicians to keep medical records for 5 years. This period begins on the date that your medical record was created. In some situations (like for Medicare patients), federal law may require hospitals to maintain records for up to 7 years. However, for the majority of Nevada residents, you will only have 5 years to request access to your medical records.

In Nevada, citizens have the right to access or make amendments to their medical records — as long as they are still available. In most cases, parents can request access to their children’s medical records. However, once a child reaches the age of 18, they alone can access their medical records. If you have designated someone as your personal representative, they can also request medical records on your behalf. Typically, you will need to contact the healthcare provider directly to request access or make changes to your records. To learn more about viewing, copying, or amending medical records in Nevada, consult this link

Learn more about your medical rights

Nevada Medical Marijuana Registry

Though recreational marijuana became legal in Nevada in 2017, you are still required to register with the state if you wish to obtain marijuana for medical purposes. As it currently stands, Nevada allows physicians to prescribe medical marijuana for the following conditions:

  • AIDS
  • Cachexia
  • Cancer
  • Glaucoma
  • PTSD
  • Muscle spasms or seizures
  • Severe pain or nausea

If you meet the necessary criteria and have a prescription with your doctor, you will still need to register as a medical marijuana cardholder in the state of Nevada. You can begin this process by creating an account on the Online Cardholder Registration Portal

Nevada Advance Directive Laws

Nevada has had Advance Directive regulations in place for Medicare and Medicaid patients since 1990. However, the ability to create Advance Directives also extends to all patients over the age of 18. Known as “Declarations and/or Durable Powers of Attorney for Healthcare Decisions,” Advance Directives let patients give the power to make decisions concerning life-sustaining medical treatment to designated representatives. 

Download this pamphlet to learn more from about Nevada Patient Information on Advance Directives. Additionally, you can find out more about Nevada’s state laws regulating Advance Directives by consulting this link or contacting the Nevada DHCFP directly by phone (775-684-3157), email (civilrights@dhcfp.nv.gov), or mail at the following address:

Nevada Division of Health Care Financing and Policy
1100 E. William St., Suite 101
Carson City, NV 89701

Nevada Organ Donor Registry

If you’d like to become an organ donor in Nevada, you can quickly and easily register online. Just fill out the required information on the Donate Life Nevada Registry.

Essential Nevada Legal & Estate Planning Documents & Forms

Trusts and Probate Laws in Nevada

According to Nevada’s probate law, a designated personal representative must identify the assets of the deceased, make payments toward remaining taxes or expenses, and distribute the property — with the approval of the court — among the legal heirs or beneficiaries. In Nevada, the probate court gets involved whether or not a will exists. If there is not a will, or if there is a dispute over the terms of the will, the court will make a decision based on the intestacy laws of the state. These laws can get quite complicated, but you can learn more about Intestate Succession in Nevada. 

While wills and probate procedures can get complex in Nevada, creating a “living trust” can greatly simplify the process for your descendants or beneficiaries. A living trust allows you to transfer assets and property to designated individuals without the need to go through a lengthy probate court process. Additionally, if you’re only concerned about passing on real property, you can save even more time by making a transfer-upon-death deed. Learn more about creating either living trusts or transfer-upon-death deeds in Nevada.

Read more about the biggest differences between a will and a trust, and why you might want to avoid Nevada’s stricter probate requirements when planning your estate.

Nevada Digital Estate Planning Laws

Nevada’s SB131 Statute went into effect on October 1st, 2013. This law established rules for how digital assets — including “electronic mail, social networking, messaging and other web-based services” — could be passed on to surviving descendants. In 2017, the language of the law was made more clear with the adoption of the Revised Uniform Fiduciary Access to Digital Assets Act, which allows Nevada residents to nominate a recipient or fiduciary to manage digital assets in a will, trust, or power of attorney. 

How to Get a Death Certificate in Nevada

The Nevada Department of Health and Human Services makes it easy to request death certificates. You can do so by filling out the necessary information online at Vitalchek.com. If you prefer to apply by mail, you can fill out the Death Certificate Application (with a check for either $25 or $22 depending on your location) and send it to the following address:

Office of Vital Records and Statistics 
4150 Technology Way, Suite 104 
Carson City, Nevada 89706

It’s important to note that Nevada state law (NRS 440.650 and NAC 440.070) requires applicants to establish a direct relationship with the deceased person whose certificate they are requesting. This relationship can be by blood, marriage, or legal bond. Even if you don’t have one of the aforementioned relationships with the deceased, you may be able to obtain a certificate if you can prove the need to undergo a legal process that requires a copy of the death certificate in question. 

Does Nevada Have an Estate & Inheritance Tax?

Since 2005, Nevada has not had any form of estate or inheritance tax. This means that descendants who inherit property or assets from a deceased person’s estate will not have to file taxes with the state of Nevada. However, beneficiaries will still need to file federal estate taxes on an inheritance. You can learn more about this process from the Internal Revenue Service.

Everything You Need to Know About Estate Planning in Nevada

Like most states, Nevada has its own unique laws related to medical records and registries, inheritance taxes, wills, trusts, and general estate planning. Fortunately, you can navigate these complex processes in Nevada with confidence by signing up for a Pillar account. With Pillar, you can scan, store, and share your most important state documents when you need them via Pillar’s secure and easy-to-use online storage tool. 

Start your free 14-day trial today to see if Pillar is right for you!