Many people ask the same question at some point in their lives: Do I really need a will?
If you live in Nevada, the short answer for most people is yes. A will is one of the most important legal documents you can have, regardless of your age or net worth.
This guide explains what a will does, what happens if you don’t have one in Nevada, and how to decide if creating a will is right for you.
What Is a Will?
A last will and testament is a legal document that explains how your property and assets should be distributed after your death. In Nevada, a will can also be used to:
- Name beneficiaries for your assets
- Appoint a guardian for minor children
- Choose an executor to manage your estate
- Provide instructions for debts and final expenses
A properly drafted will ensures your wishes are followed and helps reduce confusion, delays, and disputes among loved ones.
What Happens If You Die Without a Will in Nevada?
If you die without a will, Nevada law determines how your estate is distributed. This process is called intestate succession.
Under Nevada intestacy laws:
- Your spouse and children may not inherit assets the way you expect
- Unmarried partners receive nothing
- The court decides who manages your estate
- Family disputes are more likely
Even small estates can become complicated and costly without a will in place.
Who Needs a Will in Nevada?
You should strongly consider having a will if you:
- Own a home or real estate in Nevada
- Have children or dependents
- Are married, divorced, or in a blended family
- Own a business or have investments
- Want control over who inherits your assets
- Want to name a trusted executor
Even young adults with modest assets benefit from having a will, especially if they want to avoid placing decisions in the hands of the court.
Does a Will Avoid Probate in Nevada?
A will does not avoid probate, but it makes the probate process much smoother. Without a will, probate often takes longer and requires more court involvement.
To avoid or minimize probate, many Nevada residents combine a will with:
- Living trusts
- Beneficiary designations
- Payable-on-death accounts
An estate planning attorney can help determine the best structure for your situation.
Are Wills Legal in Nevada?
Yes. Nevada law recognizes wills as long as they meet specific requirements, including:
- The person creating the will is at least 18 years old
- The person is of sound mind
- The will is in writing
- It is signed by the testator
- It is witnessed according to Nevada law
Improperly drafted or unsigned wills may be declared invalid, which is why legal guidance is important.
Can I Write My Own Will?
While Nevada allows handwritten and online wills, DIY wills often cause serious problems, including:
- Invalid signatures or witnesses
- Unclear language
- Conflicts with Nevada law
- Unintended disinheritance
A professionally prepared will ensures your wishes are legally enforceable and aligned with your overall estate plan.
When Should I Update My Will?
You should review or update your will if you experience major life changes, such as:
- Marriage or divorce
- Birth or adoption of a child
- Purchase or sale of property
- Starting or selling a business
- Significant changes in finances
Regular updates keep your estate plan accurate and effective.
Do I Need a Will If I Have a Trust?
Yes. Even if you have a trust, a pour-over will is often recommended. This ensures any assets not placed in the trust are transferred according to your plan rather than Nevada intestacy laws.
How a Nevada Estate Planning Attorney Can Help
An experienced Nevada estate planning attorney can:
- Draft a legally valid will
- Ensure your assets are protected
- Help minimize probate complications
- Coordinate wills with trusts and beneficiary designations
- Provide peace of mind for you and your family
Final Thoughts: Do I Need a Will?
If you want control over your assets, protection for your family, and fewer legal complications, having a will is essential. In Nevada, a properly prepared will is one of the simplest ways to protect your legacy.
If you’re unsure where to start, speaking with a Nevada estate planning lawyer is the best next step.
