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How does a living trust help keep your estate private?

On Behalf of | Sep 9, 2026 | Trust & Estate Administration |

You may expect details about your estate and family to stay private after your death. In Las Vegas, however, probate cases become public records. That means other people can see information about your estate when it appears in court filings.

A living trust generally gives you more privacy for property you transfer to it before death. After you die, your trustee handles that property through the trust instead of probate. A will works differently. Once the court clerk receives your will, Nevada law makes it part of the permanent court record unless the court seals it.

Why your will enters the public record

After your death, Nevada law requires whoever has your will to give it to the district court clerk or to the person your will names to handle your estate. Once the clerk receives it, anyone may inspect the will unless the court seals it.

The will is not always the only information that becomes public. If someone opens probate, other court filings often reveal more about your estate. Those records may identify property in the estate and show how the person handling it manages the case. Clark County states that probate cases are public records.

How a living trust keeps more details private

If you transfer an asset to your living trust before death, your trustee handles it under the trust afterward. The asset passes outside probate, so its transfer does not require the same public court filings as property that passes under a will.

Nevada law also lets your trustee use a certification of trust instead of the full document in many transactions. The certification does not have to identify who receives trust property. If a trust matter reaches court, a filer may redact confidential trust information from the public filing and submit the full copy under seal without first asking the court. The court still has authority to require disclosure in some cases.

Review what your plan puts on the record

You may want to review which assets are already in your trust and which would still pass through probate. Checking how each asset is titled shows whether you completed the transfer into the trust. Looking over how your trust is set up can also help you see whether it gives your family the level of privacy you want.

David A. Straus is the author or co-author of many publications.

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