A will and a living trust do different jobs. A will says who inherits and names a guardian for your kids — but it goes through probate, Nevada’s public court process. A living trust holds your assets so they pass privately, without probate, and keeps working even if you’re incapacitated.
For most Nevada families the answer isn’t one or the other — it’s both. At Discount Lawyers, a will plus a revocable trust is always an affordable flat fee.
“Do I need a will or a trust?” is one of the most common Nevada estate planning questions we hear — and it’s the wrong question. They’re not competitors. They solve different problems, and understanding what each does is the fastest way to see what your family actually needs.
What a will does
A will is your instructions for after you’re gone. Las Vegas wills do two jobs: they say who inherits your property, and they name a guardian for your minor children — something no other document can do. Without a will, Nevada’s intestacy laws decide who gets what, and a court decides who raises your kids.
The catch: a will still goes through probate.
What a living trust does
Nevada trusts come in several forms, but the one most families use is the revocable living trust — a container that holds your home and accounts. You control everything while you’re alive, and the successor trustee you name takes over only if you’re incapacitated or pass away. When that happens, the assets in the trust pass to your family directly — no court involved.
The big difference: probate
This is the heart of it. Property that passes under a will goes through probate — Nevada’s public court process that commonly takes 12 to 18 months and costs $4,000 to $10,000 in statutory fees. Property held in a funded living trust skips probate entirely: your family inherits in weeks, privately.
A will controls who gets your things. A trust controls how they get them — and “without a year in court” is a difference families feel. Ask any Las Vegas probate lawyer and you’ll hear the same thing: probate is exactly the expense a living trust is built to avoid.
What a trust can’t do
A trust can’t name a guardian for your children. Only a will can. A trust also only covers what you actually transfer into it — a step called “funding.” Anything you forget to move stays outside the trust and can still land in probate.
That’s exactly why the two work together.
So do I need both?
For most people, yes. The standard plan pairs a living trust with a “pour-over will”: the trust handles your major assets and avoids probate, and the will names your kids’ guardian and acts as a safety net for anything left out of the trust. Think of the trust as the main plan and the will as the backstop.
Being straight with you: if you’re young, renting, and single, a simple will may genuinely be enough for now — and we’ll tell you that rather than sell you a trust you don’t need yet. But once you own a home or have children, a trust usually earns its keep. The honest answer depends on your life, not on which document costs more.
What does it cost?
At Discount Lawyers, our Las Vegas trust lawyers prepare a will and a revocable trust together for an affordable flat fee, with Affirm financing if you’d rather pay monthly. Compare that to the $4,000 to $10,000 probate can cost your family later, and the math usually makes itself. New to all this? Start with what a trust is and why you’d want one.
You get your exact number in writing before you commit to anything.
Common questions
Does a will avoid probate?
No. A will still goes through Nevada probate, which can take 12 to 18 months and cost thousands in statutory fees. A funded revocable living trust is what avoids probate for the assets you place in it.
Do I need a will if I have a trust?
Yes. Even with a trust you want a pour-over will — it names a guardian for your children, which a trust can’t do, and it catches anything you didn’t move into the trust. That’s why our flat-fee package includes both.
Is a trust only for wealthy people?
No. The everyday benefit of a living trust is avoiding probate, which matters to any homeowner. Nevada has no state estate or inheritance tax, so for most families a trust is about avoiding court, not taxes.