Estate planning · Wills

A will says who. It doesn’t skip court.

Maybe you signed one years ago, or you’ve been meaning to. Either way, it helps to know what a will does on its own, and what it leaves to other documents.

A fountain pen resting on cream paper beside a brass seal
The short answer

A will is your instructions to the probate court: who receives what you own in your own name, and who is in charge of settling it. It’s also where a parent names a guardian for minor children. Property in your name alone still goes through probate, and accounts with a named beneficiary pass outside it. Nothing in a will acts while you’re alive. For someone with simple wishes and no real estate, a will can lead the plan; for most homeowners in Nevada, a living trust leads and a short will stands behind it.

What a will does

  • Says who receives what. For everything you own in your own name at death, the will is the instruction the court follows.
  • Names who is in charge. The executor, called a personal representative in Nevada, is the person the court appoints to gather the estate, pay what is owed, and distribute the rest.
  • Names a guardian for minor children. A will is the place a parent does this. Without one, a court chooses.
  • Can hold money for children until they are ready. A will can create a trust at your death so a child’s share is managed for them instead of handed over at eighteen.

What a will does not do

It still goes through probate

A will is a set of instructions for the probate court. Property titled in your name alone still goes through the court process, and the will tells the court what to do with it.

Some property passes around it

A retirement account, a life insurance policy, or a bank account with a named beneficiary goes to that beneficiary, whatever the will says. Property held in joint tenancy, or as community property with right of survivorship, passes to the survivor by title. Anything held in a living trust follows the trust. A will that says one thing and a beneficiary form that says another is a common way for a plan to misfire.

It does nothing while you’re alive

A will takes effect only at death. If you become unable to manage your own affairs, the documents that matter are a financial power of attorney and an advance health-care directive.

Nevada-specific detail

Signing

A Nevada will is signed by the person making it in front of two witnesses, who sign as well. It can also carry a sworn statement from the witnesses, signed at the same sitting, so nobody has to locate them years later to prove the will in court.

Handwritten and electronic wills

Nevada recognizes a will written entirely in the person’s own handwriting, dated and signed, with no witnesses at all. It also recognizes electronic wills. Both are valid. A do-it-yourself will can be valid and still go wrong: a gift that fails because the wording was unclear, a child left out by accident, an executor who has since died, or a house nobody realized would go through probate.

No will at all

Nevada’s intestacy statutes then decide who inherits, in fixed shares to a spouse and children after community property rules are applied, and the court appoints an administrator. The statute cannot know your family, so it treats every family the same.

When a will is the right lead document

For someone who rents, whose main assets already pass by beneficiary designation, and whose wishes are simple, a will-based plan is often enough. For a homeowner, a revocable living trust usually does the job better, with a short “pour-over” will behind it to catch anything left outside the trust.

When to look at it again

After a marriage, a divorce, a birth, a death in the family, or a move to another state. Nevada law treats a divorce as cancelling gifts to a former spouse. Even so, the will should say what you mean.

The original matters

The probate court expects the signed original. Wherever it is kept, the person you named to be in charge should know where that is.

How we charge

Before you sign anything

What the work involves and what each document does, walked through with you.

One flat fee, quoted at the consultation.

Nothing starts until you know the fee and how payment works. No fee at the time of consultation for an estate plan.

Before you call

Is a handwritten will valid in Nevada?

Yes, if it is entirely in the person’s own handwriting, dated, and signed. It needs no witnesses.

Where do I name a guardian for my children?

In your will.

My will was signed in another state. Is it still good in Nevada?

Usually it’s still valid. Whether it still fits is a separate question, especially if you’ve since bought a home, married, divorced, or had children.

When you’re ready

Dig out the will, however old it is.