Wills vs. Trusts: What’s the Difference, and Which One Do You Need?

When Carla’s father passed away, she thought everything was in order.

He had always said, "I’ve got a will—don’t worry."

But the truth was, that will had never been updated after he remarried. It didn’t name an executor. It didn’t address his real estate. And it didn’t help her avoid probate.

Carla spent nearly 18 months sorting through paperwork, going to court, and dealing with lawyers to transfer assets that could have easily passed outside of court—if only a trust had been in place.

Meanwhile, her friend Malik lost his dad the same year. Everything was transferred smoothly, privately, and quickly—because his father had created a living trust.

Note: The above narrative is a fictionalized account intended to illustrate the consequences of not preparing essential estate documents.

Estate planning isn’t just for the ultra-wealthy — it’s for anyone who wants to protect their family, assets, and peace of mind. Two of the most common tools used in estate planning are wills and trusts. They might seem similar at first glance, but they serve different purposes and have different benefits. Understanding the differences can help you decide which one (or both) makes the most sense for your situation.

What is a Will?

A will is a legal document that outlines how you want your assets distributed after you pass away. It can also specify guardians for minor children and name an executor to manage your estate.

- Takes effect after death

- Requires probate — a court process to validate and carry out your will

- Can be updated during your lifetime as circumstances change

Example uses:

- Naming who inherits your property

- Appointing a guardian for children

- Directing how debts and taxes should be handled

What is a Trust?

A trust is a legal arrangement where a trustee holds and manages assets for the benefit of your chosen beneficiaries.

- Can take effect during your lifetime (living trust) or after death (testamentary trust)

- Often avoids probate, which can save time and maintain privacy

- Can provide ongoing management of assets, even after your death

Example uses:

- Providing for a child or family member over time

- Avoiding probate for faster distribution of assets

- Managing property for someone who can’t handle it themselves

Key Differences Between Wills and Trusts

Feature	Will	Trust
Effective Date	After death	Can be during life or after death
Probate Required?	Yes	Usually no
Privacy	Public record	Generally private
Asset Management	No	Yes
Cost to Create	Generally less expensive	Typically more expensive initially

Do You Need Both?

In many cases, yes.- A will covers items that may not be included in your trust and ensures nothing is left out.- A trust can help you avoid probate, maintain privacy, and manage assets for beneficiaries.Used together, they create a strong, flexible estate plan.

Nevada-Specific Considerations

In Nevada, probate can be time-consuming and costly depending on your estate’s size. A trust may help bypass that process. However, even with a trust, you still need a “pour-over will” to ensure any overlooked assets are transferred into your trust after your death.

Call to Action

At Dub’s Notary Services, we work alongside attorneys and estate planners to notarize wills, trusts, and related documents. Whether you’re creating your first plan or updating an existing one, we can ensure your important paperwork is properly executed and legally recognized.

We proudly serve Clark County and Pahrump, Nevada — bringing professional, mobile notary services to your home, office, hospital, or senior care facility.