In Nevada, whether you die with or without a Last Will and Testament, your estate will be subject to the probate process if your assets meet the statutory limits.

If you die without a will, Nevada Statute dictates who can represent your estate as Administrator, and who reaps the rewards of your hard-earned assets. These ‘heirs’ may or may not be who you would like to benefit from your estate and sometimes may be individuals you did not know.  Conversely, if you have a valid will, the person or persons named in your will are generally appointed by the court as your executor(s), and your assets are distributed to your named beneficiaries upon final approval by the court.

When creating your Revocable Living Trust (RLT), we also create a version of a Last Will and Testament that differs from the will referenced above.  This document is referred to as a ‘pour-over’ will and states that any assets not in your RLT upon your death are to be transferred to your trust.  The will also sets forth your desires regarding your funeral/cremation and names a preferred guardian for yourself, your minor child(ren), and/or an individual over whom you are serving as guardian.

Upon your death, your Last Will and Testament is filed with the court and becomes public record; however, if your will is a pour-over will, and your RLT is the named beneficiary, details of your actual beneficiaries and their distributions typically remain private.