If you own property in Nevada and want to avoid probate, you’ve probably come across two options: a Transfer on Death Deed (TODD) and a Living Trust. Both accomplish the same basic goal — keeping your property out of probate court — but they work very differently, cost very different amounts, and are suited for different situations.
Here’s a straightforward comparison to help you decide which is right for your Nevada property.
The Basics: What Each One Does
Transfer on Death Deed (TODD)
A TODD is a simple legal document that names a beneficiary who will automatically receive your Nevada real estate when you pass away. You sign it, record it with the county, and that’s it. You retain full ownership and control during your lifetime. The beneficiary has no rights until your death. It is authorized under Nevada law (NRS 111.655–111.699).
Living Trust
A Living Trust is a legal entity that holds your assets on your behalf. You transfer ownership of your property (and typically other assets) into the trust, and you name a trustee to manage it. When you pass away, the assets in the trust pass to your beneficiaries according to the trust terms — without probate.
Side-by-Side Comparison
| Feature | Transfer on Death Deed | Living Trust |
|---|---|---|
| Avoids probate | Yes | Yes |
| Typical cost | $225–$400 | $1,500–$5,000+ |
| Covers all assets | No — real estate only | Yes — all asset types |
| Complexity to set up | Simple | Moderate to complex |
| Ongoing maintenance | None | Must fund trust & maintain |
| Incapacity planning | No | Yes — successor trustee steps in |
| Easy to revoke | Yes | Yes (revocable trust) |
| Creditor claim window after death | 18 months | 120 days (with proper notice) |
| Staggered distributions | No | Yes |
| Privacy | Recorded publicly | Private |
When a Transfer on Death Deed Makes Sense
A TODD is typically the right choice when:
- You own one or two properties in Nevada and that’s your primary concern
- You have simple beneficiary wishes (e.g., “everything goes to my kids equally”)
- You want the lowest cost option to avoid probate
- You don’t need incapacity planning (you have a separate Power of Attorney for that)
- You want something quick and easy — sign, record, done
When a Living Trust Makes More Sense
A Living Trust is typically worth the extra cost when:
- You have multiple types of assets (real estate, investments, business interests) you want to keep out of probate
- You have a blended family or complex beneficiary situation
- You want staggered distributions (e.g., children receive assets at age 25, 30, and 35)
- You want incapacity planning built into the same document
- You want a shorter creditor claim window after your death (120 days vs. 18 months)
- Privacy is important to you — trusts are not public record
Can You Use Both?
Yes, and many people do. It’s not uncommon for Nevada residents to use a TODD for their real estate and have a simple will or trust for everything else. This gives you probate avoidance on the property at low cost while keeping your other affairs organized.
Important Nevada TODD Requirements
If you go the TODD route, make sure these requirements are met:
- The deed must comply with NRS 111.655–111.699
- The deed must be signed by the property owner
- The signature must be notarized
- The deed must be recorded with the county recorder before your death — an unrecorded TODD is not valid
- The deed must clearly identify the property and beneficiary
Get Your Nevada Transfer on Death Deed
At Noble Notary & Legal Document Preparers, we prepare Transfer on Death Deeds for Nevada property owners. Document preparation starts at $225, or get full service for $400 (includes notary and witnesses via mobile or remote online notarization).
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