LAST WILL & TESTAMENT WORKSHOP
What Is a Will?
A Last Will and Testament—commonly called a “will”—is a written legal document that states how a person wants property included in their probate estate to be distributed after death. A will may name beneficiaries, identify who should receive particular property, and nominate a personal representative to administer the estate.
A will generally takes effect after the person who created it dies. The will is then submitted to the appropriate court, where a judge may determine whether it is valid. Property controlled by the will may be distributed through probate—the legal process used to pay lawful creditors and transfer assets to the appropriate beneficiaries.
A will does not control every type of property. Assets that transfer automatically through joint ownership, beneficiary designations, payable-on-death designations, transfer-on-death designations, or a properly established trust may pass outside the terms of a will.
What Is a Trust?
A trust is a legal arrangement containing instructions for how property placed in the trust will be held, managed, and distributed. The person who creates the trust is commonly called the settlor, grantor, or trustor. The trustee is the person or institution responsible for managing the trust property for the benefit of the trust’s beneficiaries.
A revocable living trust is created during the settlor’s lifetime. “Revocable” generally means the settlor may change or revoke the trust while legally competent, and “living” means it is created during the settlor’s lifetime.
Property held or properly declared to be held in a trust is managed according to the trust agreement. When the settlor dies or becomes unable to manage the trust, a successor trustee may continue managing or distributing the trust property according to the instructions in the trust.
A revocable living trust is often used to reduce or avoid probate for property held in the trust. However, merely signing a trust document does not automatically place every asset into the trust. Property that is not properly transferred, titled, assigned, or declared to be trust property may still require a probate or other court proceeding.
Do You Need Both?
A will and a trust can work together. A person with a revocable living trust may also have a “pour-over will,” which generally directs property remaining in the person’s probate estate to the existing trust after death.
Whether someone needs a will, trust, or another estate-planning arrangement depends on their property, family circumstances, goals, and applicable law. No single estate-planning document is appropriate for every person.
Educational Disclaimer
The information provided on this website and during our workshops is general educational information only. Ellie Valdovinos is not an attorney and does not provide legal advice, legal opinions, document preparation services, or individualized estate-planning recommendations.
Participants are responsible for deciding whether a document or form is appropriate for their circumstances. Anyone with questions about property ownership, beneficiaries, minor children, blended families, probate, trust funding, taxes, document validity, creditor claims, special-needs beneficiaries, or other individual circumstances should consult a Nevada-licensed attorney.
Sources and Additional Information
Nevada Revised Statutes, Chapter 164 — Administration of Trusts
Nevada Lawyer — “Where There’s a Pour-Over Will, There’s a Way”
Information reviewed July 2026. Laws, court procedures, and legal requirements may change.
Civil Literacy Courses & Workshops
My nonpartisan civil literacy courses help people understand how government works, how laws and public institutions affect everyday life, and how individuals can participate confidently in their communities.
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