Domestic Asset Protection
Nevada Asset Protection.
Often called the strongest domestic asset-protection-trust state, a short two-year seasoning window, no statutory exception creditors, and strong LLC protection, with no state income tax.
Why clients choose Nevada
- Self-settled Nevada Asset Protection Trust (NRS Chapter 166), you can be a discretionary beneficiary
- A short two-year seasoning window (with a limited discovery rule for existing creditors)
- No statutory exception creditors, a rare and powerful feature
- Strong LLC charging-order protection
- No state income tax
- A high, clear-and-convincing burden placed on the creditor
The “no exception creditors” advantage
Most domestic asset-protection-trust states carve out certain favored creditors, alimony, child support, or others, who can still reach trust assets. Nevada’s statute is notable for containing no such statutory exceptions. Combined with a two-year seasoning period that is among the shortest in the country and a demanding burden of proof on any creditor, that makes a properly established Nevada trust one of the hardest domestic structures to attack. As always, the protection is designed for future claims and depends on establishing the trust well before any dispute.
When Nevada is the right fit
Nevada frequently suits clients who want the strongest available domestic (onshore) protection without going offshore, and business owners who value its LLC charging-order strength. Whether Nevada, Wyoming, an offshore jurisdiction, or a layered plan is right for you is exactly the assessment we make.
When it is time to form and maintain the entity or trust, our affiliated Tresp Corporate Services handles formation, registered-agent service, and corporate compliance in all 50 states, corporate paper and compliance only, never legal advice, while our attorneys handle the legal strategy and asset-protection compliance. We explain the why; they execute the how.
The right home for your structure depends on your assets, where you live and operate, your exposure, and your goals, and we have worked across the leading domestic and offshore jurisdictions since 1992. To find out whether this state fits your plan, or whether another serves you better, call (858) 755-6672.
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Common questions
Frequently asked
Why is Nevada considered the best state for asset protection trusts?
Nevada's self-settled spendthrift trust (NRS Chapter 166) pairs a short two-year seasoning window with no statutory exception creditors, meaning no favored class of creditor, including a divorcing spouse, is carved out by statute, and places a clear-and-convincing burden on any creditor. Combined with strong LLC charging-order protection and no state income tax, that makes it a first-tier domestic jurisdiction. The right choice still depends on your circumstances.
Do you have to live in Nevada to use a Nevada asset protection trust?
No. Clients nationwide use Nevada trusts, but a Nevada Asset Protection Trust requires a qualified Nevada trustee and Nevada administration for its protections to apply. Our affiliated Tresp Corporate Services can handle the Nevada mechanics while our attorneys structure the plan.
This overview is general information, not legal or tax advice, and does not create an attorney-client relationship?
This overview is general information, not legal or tax advice, and does not create an attorney-client relationship. State statutes change and their application depends on your specific facts; creditor-protection outcomes are never guaranteed. Consult a qualified attorney about your situation.
This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.
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