Nevada vs. Alaska asset protection trust.

Reviewed by Elizabeth A. Tresp, JD, LL.M., trust & probate litigator · Updated August 2026

Side by side

	Nevada	Alaska
Enacted	1999	1997, the first
Seasoning, existing creditor	Later of 2 years or 6 months after discovery	Later of 4 years or 1 year after discovery
Seasoning, future creditor	2 years	4 years
Exception creditors	None	Yes, incl. child support 30+ days in default
Burden on creditor	Clear and convincing	Clear and convincing
Solvency affidavit required	No	Yes, sworn, before funding
Published outcomes	Klabacka, trust held	Mortensen, Huber, Toni 1 Trust, all adverse

Reading the case law fairly

Alaska’s poor record deserves context. Huber involved a Washington settlor with Washington assets and a Washington lawyer, Alaska in name only. Toni 1 Trust involved third parties moving property while a judgment was imminent, decided entirely on default judgments. Mortensen is an unreported bankruptcy decision in which the court found unmanageable debt and multiple badges of fraud. None of them holds that a well-planned Alaska trust for an Alaska-connected settlor fails.

But there is a fair inference available too: Alaska has been marketed hardest and longest to out-of-state settlors, which is precisely the fact pattern that generates adverse decisions. Nevada’s two-year clock and absent exception creditors give it a genuine statutory edge, and Alaska’s mandatory sworn solvency affidavit, a good idea in principle, creates a document a creditor will scrutinize line by line.

Who each suits

For most clients choosing between the two on the merits today, Nevada is the stronger statute. See Nevada asset protection and Alaska asset protection trusts. And note that for a resident of a non-DAPT state, the choice between them matters far less than the domestic-versus-offshore question.

Which is right for you

On the statutes alone, Nevada. Alaska remains a legitimate jurisdiction, but its shorter list of advantages and longer list of adverse decisions make it hard to recommend over Nevada on the merits. We work across all of these jurisdictions and have since 1992, which means we can tell you candidly when the cheaper option is the right one, or when neither is. To talk it through, call (858) 755-6672.