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2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.757 - Transfer to designated beneficiary according to beneficiary designation or other direction.

When a transferring entity accepts a beneficiary designation or beneficiary assignment or registers in beneficiary form certain property, the acceptance or registration constitutes the agreement of the owner and transferring entity that, unless the beneficiary designation is revoked or changed before the death of the owner, on proof of the death of the owner and compliance with the transferring entity’s requirements for showing proof of entitlement, the property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer-on-death direction, the agreement of the parties and the provisions of NRS 111.751 to 111.779, inclusive.
(Added to NRS by 2011, 1421)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.759 - Proper execution and delivery required for transfer of property upon death of owner.

A beneficiary designation, under a written instrument or law, that authorizes a transfer of property pursuant to a written designation of beneficiary transfers the right to receive the property to the designated beneficiary who survives, effective on the death of the owner, if the beneficiary designation is executed and delivered in proper form to the transferring entity before the death of the owner.
(Added to NRS by 2011, 1421)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.761 - Proper execution and delivery or acknowledgment required for assignment of right to receive performance effective upon death of owner; other methods of assignment not precluded.

1. A written assignment of a contract right which assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner and which expressly states that the assignment is not to take effect until the death of the owner transfers the right to receive performance due under the contract to the designated assignee beneficiary, effective on the death of the owner, if the assignment is executed and delivered in proper form to the contract obligor before the death of the owner or is executed in proper form and acknowledged before a notary public or other person authorized to administer oaths. A beneficiary assignment need not be supported by consideration or be delivered to the assignee beneficiary.
2. This section does not preclude other methods of assignment which are authorized by law and which have the effect of postponing enjoyment of a contract right until the death of the owner.
(Added to NRS by 2011, 1422)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.763 - Proper execution and acknowledgment required to transfer interest in tangible personal property effective upon death of owner; other methods of transfer not precluded.

1. A deed of gift, bill of sale or other writing intended to transfer an interest in tangible personal property which expressly states that the transfer is not to take effect until the death of the owner transfers ownership to the designated transferee beneficiary, effective on the death of the owner, if the instrument is in other respects sufficient to transfer the type of property involved and is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths. A beneficiary transfer instrument need not be supported by consideration or be delivered to any transferee beneficiary.
2. This section does not preclude other methods of transferring ownership of tangible personal property which are authorized by law and which have the effect of postponing enjoyment of property until the death of the owner.
(Added to NRS by 2011, 1422)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.765 - Property held in beneficiary form: Direct transfer; rights of owner; effective date of transfer.

1. A transferor of property, with or without consideration, may directly transfer the property to a transferee to be held in beneficiary form, as owner of the property.
2. A transferee under an instrument described in subsection 1 of NRS 111.751 is the owner of the property for all purposes and has all the rights to the property otherwise provided by law to owners, including the right to revoke or change the beneficiary designation.
3. A direct transfer of property to a transferee to be held in beneficiary form is effective when the writing perfecting the transfer becomes effective to make the transferee the owner.
(Added to NRS by 2011, 1422)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.767 - Rights of designated beneficiaries; transfer of property when no beneficiary survives owner.

1. Before the death of the owner, a designated beneficiary has no rights in the property by reason of the beneficiary designation and the signature or agreement of the beneficiary is not required for any transaction respecting the property.
2. On the death of one of two or more joint owners, property with respect to which a beneficiary designation has been made belongs to the surviving joint owner or owners and the right of survivorship continues as between two or more surviving joint owners.
3. On the death of a sole owner, property passes by operation of law to the beneficiary.
4. If two or more beneficiaries survive, there is no right of survivorship among the beneficiaries in the event of the death of a beneficiary thereafter unless the beneficiary designation expressly provides for survivorship among them and, unless so expressly provided, surviving beneficiaries hold their separate interests in the property as tenants in common. The share of any subsequently deceased beneficiary belongs to that beneficiary’s estate.
5. If no beneficiary survives the owner, the property belongs to the estate of the owner.
(Added to NRS by 2011, 1422)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.769 - Revocation of beneficiary designation: Authorized unless expressly made irrevocable; agreement of all owners; effect of subsequent designations or transfers; effective date.

1. Unless a beneficiary designation is expressly made irrevocable, a beneficiary designation may be revoked or changed in whole or in part during the lifetime of the owner. A revocation or change of a beneficiary designation involving property of joint owners may only be made with the agreement of all owners then living.
2. A subsequent beneficiary designation revokes a previous beneficiary designation unless the subsequent beneficiary designation expressly provides otherwise.
3. A revocation or change in a beneficiary designation must comply with the terms of the governing instrument, the rules of the transferring entity and the applicable law.
4. A beneficiary designation may not be revoked or changed by the provisions of a will unless the beneficiary designation expressly grants the owner the right to revoke or change a beneficiary designation by will. If a beneficiary designation is revoked by will, it must be revoked by an express provision in the will and extrinsic evidence is not admissible to establish the testator’s intent concerning the beneficiary designation.
5. A transfer during the owner’s lifetime of the owner’s interest in property, with or without consideration, terminates the beneficiary designation with respect to the property transferred.
6. The effective date of a revocation or change in a beneficiary designation must be determined in the same manner as the effective date of a beneficiary designation.
(Added to NRS by 2011, 1423)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.771 - Property held in beneficiary form; registration in beneficiary form; transfer-on-death directions.

1. Property may be held in beneficiary form or registered in beneficiary form by including in the name in which the property is held or registered a direction to transfer the property on the death of the owner to a beneficiary designated by the owner.
2. Property is registered in beneficiary form by showing on the account record, security certificate or written instrument evidencing ownership of the property the name of the owner, and the form of ownership by which two or more joint owners hold the property, followed in substance by the words "transfer on death to.............. (name of beneficiary)." In lieu of the words "transfer on death to," the words "pay on death to" or "pay on death to the owner’s lineal descendants, per stirpes" or the abbreviation "TOD," "POD" or "LDPS" may be used. The designation of a person’s heirs as beneficiaries does not make the property subject to administration as part of the person’s estate, but the identities of the beneficiaries must be determined pursuant to chapter 134 of NRS as they relate to the owner’s separate property.
3. A transfer-on-death direction may only be placed on an account record, security certificate or instrument evidencing ownership of property by the transferring entity or a person authorized by the transferring entity.
4. A transfer-on-death direction transfers the owner’s interest in the property to the designated beneficiary, effective on the death of the owner, if the property is registered in beneficiary form before the death of the owner or if the request to make the transfer-on-death direction is delivered in proper form to the transferring entity before the death of the owner.
5. An account record, security certificate or written instrument evidencing ownership of property that contains a transfer-on-death direction written as part of the name in which the property is held or registered is conclusive evidence in the absence of fraud, duress, undue influence or evidence of clerical mistake by the transferring entity that the direction was regularly made by the owner and accepted by the transferring entity and was not revoked or changed before the death giving rise to the transfer. The transferring entity has no obligation to retain the original writing, if any, by which the owner caused the property to be held in beneficiary form or registered in beneficiary form, more than 6 months after the transferring entity has mailed or delivered to the owner, at the address shown on the registration, an account statement, certificate or instrument that shows the manner in which the property is held in beneficiary form or registered in beneficiary form.
(Added to NRS by 2011, 1423)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.773 - Disqualification of beneficiary.

Any interest in property that would be distributed by nonprobate transfer to or for a beneficiary who is disqualified as a beneficiary pursuant to chapter 41B of NRS must be transferred as if the disqualified beneficiary had disclaimed the interest immediately upon the decedent’s death.
(Added to NRS by 2011, 1424)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.775 - Authority of agent, guardian or other fiduciary to change beneficiary designation.

An agent, guardian of the person or other fiduciary may not make, revoke or change a beneficiary designation unless:
1. The power of attorney or other document establishing the agent, guardian or other fiduciary’s right to act or a court order expressly authorizes such action; and
2. The action complies with the terms of the governing instrument, the rules of the transferring entity and applicable law.
(Added to NRS by 2011, 1424)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.777 - Rights of beneficiary if property lost, destroyed, damaged or converted during owner’s lifetime.

If property subject to a beneficiary designation is lost, destroyed, damaged or involuntarily converted during the owner’s lifetime, the beneficiary succeeds to any right with respect to the loss, destruction, damage or involuntary conversion which the owner would have had if the owner had survived but has no interest in any payment or substitute property received by the owner during the owner’s lifetime.
(Added to NRS by 2011, 1424)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.783 - Applicability.

The provisions of NRS 111.783 to 111.815, inclusive:
1. Apply to accounts in financial institutions in this State for which ownership is determined under Nevada law.
2. Do not apply to:
(a) An account established for a partnership, joint venture or other organization for a business purpose;
(b) An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association or charitable or civic organization; or
(c) A fiduciary or trust account in which the relationship is established other than by the terms of the account.
(Added to NRS by 2011, 1428)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.785 - Single party or multiple parties: POD designation or agency designation; governing law.

1. An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to subsection 3 of NRS 111.795, a single-party account or a multiple-party account may have a POD designation or an agency designation, or both.
2. An account established before, on or after October 1, 2011, whether in the form prescribed in subsection 1 of NRS 111.787 or in any other form, is a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, and is governed by NRS 111.783 to 111.815, inclusive.
(Added to NRS by 2011, 1429)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.787 - Type and form of account; governing law for other types of accounts.

1. An agreement of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of NRS 111.783 to 111.815, inclusive, applicable to an account of that type:
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM
PARTIES [Name one or more parties]:.....................................................................
OWNERSHIP [Select one and initial]:
.......... SINGLE-PARTY ACCOUNT
.......... MULTIPLE-PARTY ACCOUNT
Parties own the account in proportion to net contributions, unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH [Select one and initial]:
.......... SINGLE-PARTY ACCOUNT
At death of party, ownership passes as part of party’s estate.
.......... SINGLE-PARTY ACCOUNT WITH POD (PAY-ON-DEATH) DESIGNATION
[Name one or more beneficiaries]:
....................................................... .......................................................
At death of party, ownership passes to POD beneficiaries and is not part of party’s estate but may be subject to party’s creditors.
.......... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
At death of party, ownership passes to surviving parties.
.......... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY-ON-DEATH) DESIGNATION
[Name one or more beneficiaries]:
....................................................... .......................................................
At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party’s estate.
.......... MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
At death of party, deceased party’s ownership passes as part of deceased party’s estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION [Optional]
Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.
[To add agency designation to account, name one or more agents]:
....................................................... .......................................................
[Select one and initial]:
.......... AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
.......... AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES
2. An agreement of deposit that does not contain provisions in substantially the form provided in this section is governed by the provisions of NRS 111.783 to 111.815, inclusive, applicable to the type of account that most nearly conforms to the depositor’s intent.
(Added to NRS by 2011, 1429)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.789 - Designation of agent; authority of agent; designation revocable.

1. By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party to the account.
2. Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent’s authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.
3. The death of the sole party or last surviving party terminates the authority of an agent.
4. Any designation of an agent on an account is revocable and may be superseded by a subsequent designation:
(a) With regard to a single-party account, by the party; and
(b) With regard to a multiple-party account, by the parties or a surviving party.
Any designation of an agent is superseded by an acknowledged power of attorney, as described in chapter 162A of NRS, when a copy of that power of attorney is delivered to the financial institution.
(Added to NRS by 2011, 1430)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.791 - Beneficial ownership: Applicability.

The provisions of NRS 111.791 to 111.801, inclusive, concerning beneficial ownership as between parties or as between parties and beneficiaries:
1. Apply only to controversies between those persons and their creditors and other successors.
2. Do not apply to the right of those persons to payment as determined by the terms of the account.
(Added to NRS by 2011, 1430)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.793 - Proportional ownership; exception to proportional ownership; rights of beneficiary; rights of agent.

1. During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
2. A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
3. An agent in an account with an agency designation has no beneficial right to sums on deposit.
4. As used in this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes any deposit life insurance proceeds added to the account by reason of the death of the party whose net contribution is in question.
(Added to NRS by 2011, 1431)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.795 - Rights of surviving parties upon death of party to multiple-party account; right to sums in account if POD designation; rights at death to sums on deposit.

1. Except as otherwise provided in NRS 111.783 to 111.815, inclusive, or in an applicable contract, on the death of a party, sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under NRS 111.793 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under NRS 111.793 belongs to the surviving parties in equal shares and augments the proportion to which each survivor, immediately before the decedent’s death, was beneficially entitled under NRS 111.793, and the right of survivorship continues between the surviving parties.
2. In an account with a POD designation:
(a) On the death of one of two or more parties, the rights in sums on deposit are governed by subsection 1.
(b) On the death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares and there is no right of survivorship in the event of the death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.
3. Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by the death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under NRS 111.793 is transferred as part of the decedent’s estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For the purposes of this section, the designation of an account as a tenancy in common establishes that the account is without right of survivorship.
4. The ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the financial institution before or after the death, or unpaid. The surviving party or beneficiary, or the decedent’s estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
(Added to NRS by 2011, 1431)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.797 - Alteration of type of account; right of survivorship not altered by will.

1. The rights at death under NRS 111.795 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party’s lifetime.
2. A right of survivorship arising from the express terms of the account, NRS 111.795 or a POD designation may not be altered by a will.
(Added to NRS by 2011, 1432)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.799 - Transfers not testamentary or subject to estate administration; effective with or without consideration.

A transfer resulting from the application of NRS 111.795 is effective by reason of the terms of the account involved and NRS 111.783 to 111.815, inclusive, and is not testamentary or subject to estate administration. Nonprobate transfers are effective with or without consideration.
(Added to NRS by 2011, 1432)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.801 - Character of and rights in community property not altered; exception.

A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other arising from the express terms of the account or NRS 111.795 may not be altered by a will.
(Added to NRS by 2011, 1432)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.803 - Authority of financial institutions to enter into agreements of deposit; financial institutions not required to make inquiries concerning accounts.

A financial institution may enter into an agreement of deposit for a multiple-party account to the same extent it may enter into an agreement of deposit for a single-party account, and may provide for a POD designation and an agency designation in a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
(Added to NRS by 2011, 1432)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.805 - Payment of sums on deposit: Multiple-party accounts.

A financial institution, on request, may pay sums on deposit in a multiple-party account to:
1. One or more of the parties, whether or not another party is disabled, incapacitated or deceased when payment is requested and whether or not the party making the request survives another party; or
2. The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account as a party or beneficiary, unless the account is without right of survivorship under NRS 111.785.
(Added to NRS by 2011, 1432)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.807 - Payments of sums on deposit: Accounts with POD designation.

A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
1. One or more of the parties, whether or not another party is disabled, incapacitated or deceased when the payment is requested and whether or not a party survives another party;
2. The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or
3. The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account as a party or beneficiary.
(Added to NRS by 2011, 1432)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.809 - Payment of sums on deposit: Payments to agents.

A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
(Added to NRS by 2011, 1433)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.811 - Payments made to minors designated as beneficiaries.

If a financial institution is required or authorized to make payment pursuant to NRS 111.783 to 111.815, inclusive, to a minor designated as a beneficiary, payment may be made pursuant to Nevada’s Uniform Act on Transfers to Minors, as set forth in chapter 167 of NRS, or an equivalent law in another jurisdiction.
(Added to NRS by 2011, 1433)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.813 - Financial institutions discharged from claims after payments; exceptions; rights of parties not affected.

1. Payment made pursuant to NRS 111.783 to 111.815, inclusive, in accordance with the type of account, discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries or their successors. Payment may be made whether or not a party, beneficiary or agent is disabled, incapacitated or deceased when payment is requested, received or made.
2. Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be authorized, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.
3. A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.
4. Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.
(Added to NRS by 2011, 1433)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.815 - Rights of beneficiary; limitations; liability of beneficiaries.

A beneficiary of a nonprobate transfer takes the owner’s interest in the property at death, subject to all conveyances, assignments, contracts, setoffs, licenses, easements, liens and security interests made by the owner or to which the owner was subject during the owner’s lifetime. Subject to the limitation of subsection 2 of NRS 111.779:
1. A beneficiary of a nonprobate transfer of an account with a bank, savings and loan association, savings bank, credit union, broker or mutual fund takes the owner’s interest in the property at death, subject to all requests for payment of money issued by the owner before death, whether paid by the transferring entity before or after the death or unpaid.
2. The beneficiary is liable to the payee of an unsatisfied request for payment, to the extent that it represents an obligation that was enforceable against the owner during the owner’s lifetime. To the extent that a claim properly paid by the personal representative of the owner’s estate includes the amount of an unsatisfied request for payment to the claimant, the personal representative is subrogated to the rights of the claimant as payee.
3. Each beneficiary’s liability with respect to an unsatisfied request for payment is limited to the same proportionate share of the request for payment as the beneficiary’s proportionate share of the account under the beneficiary designation. Beneficiaries have the right of contribution among themselves with respect to requests for payment which are satisfied after the death of the owner, to the extent the requests for payment would have been enforceable by the payees.
4. In no event may a beneficiary’s liability to payees, to the owner’s estate and to other beneficiaries pursuant to this section, with respect to all requests for payment, exceed the value of the account received by the beneficiary. If a request for payment which would not have been enforceable under this section is satisfied from a beneficiary’s share of the account, the beneficiary:
(a) Is not liable to any other payee or the owner’s estate pursuant to this section for the amount so paid; and
(b) Has no right of contribution against other beneficiaries with respect to that amount.
(Added to NRS by 2011, 1433)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.825 - Definitions.

As used in NRS 111.825 to 111.880, inclusive, the words and terms defined in NRS 111.830 to 111.855, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 317)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.845 - "Private transfer fee obligation" defined.

"Private transfer fee obligation" means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant or agreement, or to his or her successors or assigns, upon a subsequent transfer of an interest in the real property.
(Added to NRS by 2011, 318)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.860 - Legislative findings and declaration.

The Legislature finds and declares that:
1. The public policy of this State favors the marketability of real property and the transferability of interests in real property free of defects in title or unreasonable restraints on the alienation of real property; and
2. A private transfer fee obligation violates the public policy of this State by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on the alienation of real property regardless of the duration or amount of the private transfer fee or the method by which the private transfer fee obligation is created or imposed.
(Added to NRS by 2011, 318)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.865 - Private transfer fee obligations prohibited.

1. Except as otherwise provided in NRS 111.870:
(a) A person shall not, on or after May 20, 2011, create or record a private transfer fee obligation in this State; and
(b) A private transfer fee obligation that is created or recorded in this State on or after May 20, 2011, is void and unenforceable.
2. The provisions of subsection 1 do not validate or make enforceable any private transfer fee obligation that was created or recorded in this State before May 20, 2011.
(Added to NRS by 2011, 318)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.875 - Enforcement of private transfer fee obligations created before May 20, 2011.

1. If a written request for a written statement of the amount of the transfer fee due upon the sale of real property is sent by certified mail, return receipt requested, to the payee under a private transfer fee obligation that was created before May 20, 2011, at the address appearing in the recorded notice described in NRS 111.870, the payee shall provide such a written statement to the person who requested the written statement not later than 30 days after the date of mailing.
2. If the payee fails to comply with the requirements of subsection 1:
(a) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation; and
(b) The payee is subject to the liability described in NRS 111.880.
3. The person who requested the written statement may record in the office of the county recorder of the county in which the real property is located an affidavit which:
(a) States that the affiant has actual knowledge of, and is competent to testify to, the facts set forth in the affidavit;
(b) Sets forth the legal description of the real property that is subject to the private transfer fee obligation;
(c) Sets forth the name of the owner of the real property as recorded in the office of the county recorder;
(d) Expressly refers to the recorded notice described in NRS 111.870 by:
(1) The date on which the notice was recorded in the office of the county recorder; and
(2) The book, page and document number, as applicable, of the recorded notice;
(e) States that a written request for a written statement of the amount of the transfer fee due upon the sale of the real property was sent by certified mail, return receipt requested, to the payee at the address appearing in the recorded notice described in NRS 111.870, and that the payee failed to provide such a written statement to the person who requested the written statement within 30 days after the date of mailing; and
(f) Is signed by the affiant under penalty of perjury.
4. When properly recorded, the affidavit described in subsection 3 constitutes prima facie evidence that:
(a) A written request for a written statement of the amount of the transfer fee due upon the sale of the real property was sent by certified mail, return receipt requested, to the payee at the address appearing in the recorded notice described in NRS 111.870;
(b) The payee failed to provide such a written statement to the person who requested the written statement within 30 days after the date of mailing; and
(c) The private transfer fee obligation is void and unenforceable and any interest in the real property that is subject to the private transfer fee obligation may thereafter be conveyed free and clear of the private transfer fee obligation.
(Added to NRS by 2011, 320)
2023 Nevada Revised Statutes › Chapter 111 - Estates in Property; Conveyancing and Recording › NRS 111.880 - Liability for creation after May 20, 2011.

1. Any person who creates or records a private transfer fee obligation in the person’s favor on or after May 20, 2011, or who fails to comply with a requirement imposed by subsection 1 of NRS 111.870 or subsection 1 of NRS 111.875 is liable for all:
(a) Damages resulting from the enforcement of the private transfer fee obligation upon the transfer of an interest in the real property, including, without limitation, the amount of any private transfer fee paid by a party to the transfer; and
(b) Attorney’s fees, expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title.
2. A principal is liable pursuant to this section for the acts or omissions of an authorized agent of the principal.
(Added to NRS by  HYPERLINK "C:\\DiskProj\\Statutes\\2011 Statutes of the State of Nevada - 76th Session\\Stats201103.doc" \l "Stats201103page321" 2011, 321)
2023 Nevada Revised Statutes › Chapter 112 - Fraudulent Transfers (Uniform Act) › NRS 112.160 - Insolvency.

1. A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation.
2. A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.
3. A partnership is insolvent under subsection 1 if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of the partnership’s assets and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.
4. Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
5. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
(Added to NRS by 1987, 10)
2023 Nevada Revised Statutes › Chapter 112 - Fraudulent Transfers (Uniform Act) › NRS 112.170 - Value; reasonably equivalent value; present value.

1. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
2. For the purposes of paragraph (b) of subsection 1 of NRS 112.180 and NRS 112.190, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.
3. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
(Added to NRS by 1987, 710)
2023 Nevada Revised Statutes › Chapter 112 - Fraudulent Transfers (Uniform Act) › NRS 112.180 - Transfer made or obligation incurred with intent to defraud or without receiving reasonably equivalent value; determination of intent.

1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) With actual intent to hinder, delay or defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(1) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(2) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond his or her ability to pay as they became due.
2. In determining actual intent under paragraph (a) of subsection 1, consideration may be given, among other factors, to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) The transfer was of substantially all the debtor’s assets;
(f) The debtor absconded;
(g) The debtor removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(Added to NRS by 1987, 11)
2023 Nevada Revised Statutes › Chapter 112 - Fraudulent Transfers (Uniform Act) › NRS 112.190 - Transfer made or obligation incurred by insolvent.

1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
2. A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(Added to NRS by 1987, 11)
2023 Nevada Revised Statutes › Chapter 112 - Fraudulent Transfers (Uniform Act) › NRS 112.200 - Time at which transfer or obligation deemed made or incurred.

For the purposes of this chapter:
1. A transfer is made:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.
2. If applicable law permits the transfer to be perfected as provided in subsection 1 and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.
3. If applicable law does not permit the transfer to be perfected as provided in subsection 1, the transfer is made when it becomes effective between the debtor and the transferee.
4. A transfer is not made until the debtor has acquired rights in the asset transferred.
5. An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
(Added to NRS by 1987, 12)
2023 Nevada Revised Statutes › Chapter 112 - Fraudulent Transfers (Uniform Act) › NRS 112.210 - Rights of creditor in action for relief against transfer or obligation.

1. In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in NRS 112.220, may obtain:
(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
(b) An attachment or garnishment against the asset transferred or other property of the transferee pursuant to NRS 31.010 to 31.460, inclusive; and
(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(3) Any other relief the circumstances may require.
2. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
(Added to NRS by 1987, 12)