To make informed decisions about what happens to your property, family responsibilities, and personal wishes after death, individuals often use a will. Although an important part of an estate plan, many people get confused about the different types of wills available. Some even refer to other estate planning documents as wills, ranging from traditional written wills to more specialized documents designed for particular goals.
Mills & Anderson offers estate and legacy planning guidance, serving families and individuals throughout North Las Vegas, Henderson, and Clark County. With over 70 years of combined legal experience, we focus on honest advice, personalized service, and clear explanations. Our clients work directly with experienced Nevada wills attorneys and receive practical guidance designed around their goals.
Please reach out to us online or call (702) 386-0030 today for a consultation.
What Are the Four Basic Types of Wills?
People generally group wills into the following four basic categories:
- Simple wills—direct who should receive what property;
- Testamentary trust wills—manage property through a trust created after death;
- Living wills—address medical decisions rather than property distribution; and
- Joint will—combine the wishes of two people into a single document.
An often-overlooked will—the pour-over will—works like a simple will but can fit into a more complex estate plan.
What Is a Will Under Nevada Law?
A will is a formal legal document in which you explain how you want your loved ones to distribute your property after your death and who should manage the process.
A person’s combined property is their estate, which may include:
- Real estate,
- Bank accounts,
- Personal belongings, and
- Other assets owned at death.
After a will’s creator dies, their loved ones must probate the will, a court-supervised process to transfer asset ownership after death. Nevada law requires most wills to exist in writing and to include the signature of the person creating the will, along with the signatures of at least two competent witnesses.
Simple Will
A simple will may serve as the foundation of a relatively basic estate plan. This type of will states who receives property, names a personal representative (executor), and may nominate guardians for minor children.
Pour-Over Will
A pour-over will works alongside a living trust, another estate planning tool. These wills direct any property not already placed into a trust during a person’s lifetime to pour over into that trust after death. The trust then controls those assets.
Joint Will
A joint will combines the wishes of two people, most often spouses, into a single document that explains how property should pass after both deaths. Many couples prefer coordinated but separate wills, and discussing these options with a lawyer helps clarify which approach offers the right balance of simplicity and adaptability.
Holographic Will
A holographic will is a will that its creator writes entirely by hand and signs and dates personally. Unlike most wills, holographic wills do not require witnesses. Yet, holographic wills often raise questions during probate about what the will’s creator truly wanted, and they often omit assets.
Testamentary Trust in a Will
A trust is a legal arrangement that allows one person, called a trustee, to manage property for the benefit of another person. A testamentary trust in a will is a trust created by your will. Instead of distributing assets directly to your loved ones when you die, this type of will establishes a trust at your death and directs your assets to be transferred into that trust. Testamentary trusts are useful when planning for minor children, dependents with special needs, or loved ones who would benefit from structured distributions over time.
Living Will in Nevada
A living will is a different type of document with a different purpose than a traditional will, despite the similarity in names. Living wills, also known as advance directives, do not distribute property. It provides instructions about medical treatment you approve of, including life-sustaining treatment and other end-of-life care decisions, so that loved ones and medical professionals can refer to it if you lose the ability to communicate or make decisions.
Frequently Asked Questions
What Are the Four Basic Types of Wills?
Often, people describe the four basic types of wills as including: simple wills, testamentary trust wills, joint wills, and living wills. More accurately, these types of wills are among many estate planning tools, which can serve broader purposes than wills.
What Are the Different Types of Wills Recognized in Nevada?
In addition to the four basic types of wills, Nevada recognizes other wills that meet the state’s legal requirements. These include pour-over wills and holographic wills.
What Type of Will Do I Need If I Have Children?
Parents often use a will to nominate guardians for minor children and may include a testamentary trust will to manage assets for children until they reach a chosen age.
Is a Simple Will Enough in Nevada?
A simple will may meet the needs of straightforward estates. A lawyer can review your personal circumstances to determine whether additional planning tools would help.
Does a Living Will Replace a Regular Will?
A living will governs medical and end-of-life treatments, while a regular will governs property distribution after death. Both documents work together as part of a complete estate plan.
Contact Our Experienced Nevada Estate Planning Lawyers
Choosing among the different types of wills starts with understanding personal goals, family needs, and asset structure. Some want immediate distributions, while others prefer long-term management or added protections. Estate planning focuses on organizing these priorities into a plan that works within Nevada’s legal system.
Mills & Anderson helps individuals and families throughout North Las Vegas, Henderson, and Clark County understand their options and create plans that reflect their goals. Our experienced attorneys provide direct, personalized guidance and focus on building clear, organized estate plans that support confident decision-making.
So, what type of will do I need? Our team is ready to help you answer that question. Contact us online or call (702) 386-0030 today.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Valid wills: Requirements of writing, subscription, witnesses and attestation, Nev. Rev. Stat. § 133.040 (2001), link.
- “Testamentary trust” defined, Nev. Rev. Stat. 163.0018 (2017), link.
