A community resource created by Nevada Counsel and Northern Nevada HOPES for
Make-A-Will Month.
Learn the basics of wills, trusts, powers of attorney, and probate with Nevada attorney Nicole Harvey. A Make-A-Will Month resource in partnership with Northern Nevada HOPES.
Please reach us at nicole@nevadacounsel.com if you cannot find an answer to your question.
An estate plan gives you a voice, even when you can't speak for yourself. It allows you to decide who will receive your property, who can make financial and medical decisions if you're incapacitated, and who will handle your affairs after your death. Without a plan, those decisions are made according to Nevada law—not necessarily according to your wishes.
It depends on your situation.
A will directs where your assets go after your death and names the person who will administer your estate. However, a will generally must go through probate before your beneficiaries receive their inheritance.
A revocable living trust can allow many assets to pass to your loved ones without probate, while also providing a plan for managing your affairs if you become incapacitated.
Many people benefit from having both a trust and a "pour-over" will as part of a complete estate plan.
No.
One of the biggest misconceptions is that everyone needs a trust. Some people have very simple estates and can accomplish their goals with a well-drafted will and powers of attorney.
The right plan depends on your family, your assets, your goals, and how you want things handled. Estate planning is not one-size-fits-all.
If you die without a will, Nevada's intestacy laws determine who inherits your property. Those laws may not match what you would have wanted.
The court will also appoint someone to administer your estate, rather than allowing you to choose that person yourself.
Probate is the court-supervised process of settling a person's estate after death.
Probate may involve validating a will, paying debts, and distributing assets to heirs. While probate isn't always as expensive or time-consuming as people fear, many families prefer to avoid it when possible through proper planning.
Powers of attorney allow someone you trust to act on your behalf while you're still alive.
Most estate plans include:
Without these documents, your loved ones may have to ask the court for authority to help you.
An Advance Healthcare Directive lets you communicate your medical wishes before an emergency happens.
It can include your preferences regarding life-sustaining treatment, pain management, organ donation, and other important healthcare decisions.
You should review your plan whenever there is a major life change, including:
Even without major changes, reviewing your plan every three to five years is a good idea.
Many estate plans can be completed within a few weeks.
The most time-consuming part is usually gathering information and making decisions—not preparing the documents.
Estate planning isn't just about what happens after you die.
Unexpected illness, accidents, or emergencies can happen at any age. Having powers of attorney and healthcare documents in place ensures that the people you trust can help when you need them most.
Absolutely.
Many people choose to leave a charitable gift through their will, trust, retirement account, or life insurance policy. Planned gifts help organizations like Northern Nevada HOPES continue serving our community for generations to come.
If charitable giving is important to you, we're happy to discuss the options available and help you incorporate your wishes into your estate plan.
Estate planning doesn't have to be overwhelming. Whether you're creating your first will, considering a trust, or simply wondering what documents you need, we're here to help.
Explore the resources on this page, watch the video, or contact Nevada Counsel to learn more about protecting your family and preserving your legacy.
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