Takeaways
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A will outlines the distribution of your assets after death and can designate guardians for minor children.
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Without a will, state law governs who receives your assets, often through probate.
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Even if you have a trust, a will remains an essential part of your estate plan.
August is National Make a Will Month — the perfect time to take the first step in protecting your legacy and easing the burden on your loved ones. At Michaelson Law, we’ve spent over 30 years helping Nevada families navigate estate planning with clarity and confidence. Whether you’re starting from scratch or revisiting your existing documents, understanding how a will works is key.
To help demystify the process, here are some frequently asked questions we receive about wills.
What Is a Last Will and Testament?
A will is a legal document that outlines who inherits your money, property, and personal belongings when you pass away. You can also use it to name guardians for your minor children and establish a testamentary trust.
What Is an Estate in a Will?
Your estate includes everything you own — real estate, bank accounts, personal items, and more. A will allows you to direct how those assets should be distributed.
What Is a Testator?
The testator is the person who creates the will. When you make your own will, you are the testator.
What Is a Beneficiary?
A beneficiary is anyone named in your will to receive part of your estate. You can name individuals, charities, or other organizations.
What Does the Executor or Personal Representative Do?
This trusted person (often a family member or friend) carries out the instructions in your will. They also handle tasks like filing taxes, paying final bills, and working with the court during probate.
What Happens if Someone Dies Without a Will?
Dying without a will is called intestacy. In Nevada, state law decides who inherits your estate. That process can be lengthy, costly, and may not reflect your personal wishes. It also means the court will appoint guardians for any minor children, which might not align with your preferences.
What Is Probate?
Probate is the court-supervised process of distributing your estate. Even with a will, your estate may still go through probate — but the process is generally smoother when a will is in place. Certain assets (like those in a trust or with designated beneficiaries) may bypass probate entirely.
What Is the Difference Between a Beneficiary and an Heir-at-Law?
An heir-at-law is someone entitled to inherit under state law when there’s no will. Beneficiaries are those you specifically name in your will — they don’t need to be relatives.
Do I Need a Will?
Yes — most people do. Even if you don’t own much, a will can simplify things for your loved ones. It also lets you leave sentimental items to specific people, nominate guardians for children, and name caretakers for pets.
How Do I Make a Will?
Work with an experienced estate planning attorney, like our team at Michaelson Law. In Nevada, a valid will must be in writing, signed by you, and witnessed by two people. Handwritten wills (holographic wills) may be accepted but often lead to complications. A professionally prepared will is usually more secure and reliable.
Can I Change My Will?
Yes. You can update your will as often as needed — and you should, especially after major life events like marriage, divorce, or the birth of a child. Changes can be made through a new will or a codicil.
How Do I Get a Copy of Someone Else’s Will?
While the person is alive, only they can share their will. After they pass away, the will is typically filed with the probate court and becomes part of the public record.
Are Wills Public Record?
Yes. Once the person passes away and the will is submitted to probate, it becomes accessible through the court. If privacy is a concern, consider pairing a will with a trust, which does not become public.
What Are Alternatives to a Will?
Trusts, transfer-on-death (TOD) accounts, and joint ownership are common tools for avoiding probate. Still, even people who use these tools often need a “pour-over” will to catch anything left out of the trust.
Can a Last Will and Testament Be Challenged?
Yes, but only under certain conditions. A will can be contested if someone believes it was created under duress, or if they suspect fraud or lack of mental capacity. These disputes can be emotionally and legally complicated — another reason why working with a qualified attorney matters.
At Michaelson Law, We’re Here to Help
Whether you’re creating your first will or updating an old one, the estate planning team at Michaelson Law is here to make the process simple, respectful, and tailored to your unique life. We’ve helped thousands of Nevadans protect their families and their futures.
Let’s get your will in place this Make a Will Month. Contact us today to schedule a consultation or call us at (702) 731-2333.