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2023 Nevada Revised Statutes › Chapter 162C - Supported Decision-Making Act › NRS 162C.210 - Authority of supporter; prohibited acts by supporter.

1. Except as otherwise provided in a supported decision-making agreement and subsection 2, a supporter may do all of the following:
(a) Assist the principal in understanding information, options, responsibilities and consequences of the principal’s life decisions, including, without limitation, decisions relating to the principal’s affairs or supportive services.
(b) Help the principal access, obtain and understand any information that is relevant to any given life decision, including, without limitation, medical, psychological, financial or educational decisions, or any treatment records or records necessary to manage the principal’s affairs or support services.
(c) Assist the principal in finding, obtaining, making appointments for and implementing the principal’s support services or plans for support services.
(d) Help the principal monitor information about the principal’s affairs or support services, including, without limitation, keeping track of future necessary or recommended services.
(e) Ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented.
2. A supporter is prohibited from doing any of the following:
(a) Exerting undue influence upon, or making decisions on behalf of, the principal.
(b) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist the principal pursuant to the supported decision-making agreement.
(c) Using, without the consent of the principal, information acquired for a purpose other than assisting the principal to make a decision pursuant to the supported decision-making agreement.
3. A supporter shall act with the care, competence and diligence ordinarily exercised by persons in similar circumstances, with due regard to the supporter’s possession or lack of special skills or expertise.
(Added to NRS by 2019, 462)
2023 Nevada Revised Statutes › Chapter 162C - Supported Decision-Making Act › NRS 162C.220 - Authority of supporter to assist principal with obtaining certain information.

1. In addition to the activities set forth in NRS 162C.210, a supporter may assist the principal with obtaining any information to which the principal is entitled, including, without limitation, a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, or educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.
2. A supporter shall ensure that all information collected on behalf of a principal pursuant to this section is:
(a) Kept privileged and confidential, as applicable;
(b) Not subject to unauthorized access, use or disclosure; and
(c) Properly disposed of when appropriate.
(Added to NRS by 2019, 462)
2023 Nevada Revised Statutes › Chapter 162C - Supported Decision-Making Act › NRS 162C.300 - Prohibition against using supported decision-making agreement as certain evidence at trial; adult authorized to act independently of supported decision-making agreement.

The existence of a supported decision-making agreement that is entered into by an adult and one or more supporters pursuant to this chapter may not be used as evidence of the adult’s incapacity, as defined in NRS 162A.070, and does not preclude the ability of the adult to act independently of the agreement.
(Added to NRS by 2019, 462)
2023 Nevada Revised Statutes › Chapter 162C - Supported Decision-Making Act › NRS 162C.310 - Effect of decision or request by principal with assistance of supporter.

A decision or request made or communicated by a principal with the assistance of a supporter in accordance with this chapter must, for the purposes of any provision of law, be recognized as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same basis as a decision or request of the principal.
(Added to NRS by 2019, 463)
2023 Nevada Revised Statutes › Chapter 162C - Supported Decision-Making Act › NRS 162C.320 - Acceptance and reliance upon supported decision-making agreement.

Any person who is not a party to a supported decision-making agreement, including, without limitation, a provider of health care or provider of financial services, that in good faith, as defined in NRS 162A.060, accepts a supported decision-making agreement:
1. Without actual knowledge that any of the signatures thereon is not genuine may rely upon the presumption that such a signature is genuine.
2. Without actual knowledge that the supported decision-making agreement or the purported supporter’s authority is void, invalid or terminated may rely upon the supported decision-making agreement as if the agreement and supporter’s authority are genuine, valid and still in effect.
3. Is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the supported decision-making agreement or for following the direction of a supporter named in the supported decision-making agreement.
(Added to NRS by 2019, 463)
2023 Nevada Revised Statutes › Chapter 162C - Supported Decision-Making Act › NRS 162C.330 - Duty to report abuse, neglect, exploitation, isolation or abandonment of older person or vulnerable person.

1. The provisions of this chapter must not be construed to affect the requirement of any person to report the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person as provided in NRS 200.5091 to 200.50995, inclusive.
2. As used in this section, the words and terms defined in NRS 200.5091 to 200.50995, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 463; A 2023, 1406)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.001 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 163.0011 to 163.00185, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2350; A 2015, 3541)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.00185 - "Trust instrument" defined.

"Trust instrument" means a will, trust agreement, declaration, or other instrument, including, without limitation, an electronic trust, that creates or defines the duties and powers of a trustee and shall include a court order or any instrument that modifies a trust instrument or, in effect, alters the duties and powers of a trustee or other terms of a trust instrument.
(Added to NRS by 2015, 3538; A 2017, 3443)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.00187 - Terms: "Execute" or "sign."

As used in this chapter, unless the context otherwise requires, when the terms "execute" or "sign" are used in reference to a will, trust or instrument to convey property, the terms include the use of an electronic signature.
(Added to NRS by 2017, 3443)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.0019 - Terms: "Writing" or "written."

As used in this chapter, unless the context otherwise requires, when the term "writing" or "written" is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in NRS 132.119 or an electronic trust as defined in NRS 163.0015, as appropriate.
(Added to NRS by 2001, 2350)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.002 - Creation: Methods; certain property deemed trust property.

1. Except as otherwise provided by specific statute or any regulatory or contractual restrictions, a trust may be created by any of the following methods:
(a) A declaration by the owner of property that he or she or another person holds the property as trustee. In the absence of a contrary declaration by the owner of the property or of a transfer of the property to a third party and regardless of formal title to the property:
(1) Property declared to be trust property, together with all income therefrom and the reinvestment thereof, must remain trust property; and
(2) If the property declared to be trust property includes an account, contract, certificate, note, judgment, business interest, contents of a safe deposit box or other property interest that is subject to additions or contributions, all subsequent additions and contributions to the property are also trust property.
(b) A transfer of property by the owner during his or her lifetime to another person as trustee.
(c) A testamentary transfer of property by the owner to another person as trustee.
(d) An exercise of a power of appointment in trust.
(e) An enforceable promise to create a trust.
2. A declaration pursuant to paragraph (a) of subsection 1 may, but is not required to, include a schedule or list of trust assets that is signed by the owner of the property or that is incorporated by reference into a document that is signed by the owner of the property.
3. A declaration by the owner of property pursuant to paragraph (a) of subsection 1 that he or she or another person holds all the property of the declarant in trust is sufficient to create a trust over all the property of the declarant that is reliably identified through the use of extrinsic evidence as belonging to the declarant at the time of his or her death.
(Added to NRS by 1991, 1704; A 2009, 792; 2015, 3541; 2017, 1688; 2021, 981)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.004 - Creation: Terms; revocability; rules of construction.

1. Except as otherwise provided by law, the terms of a trust instrument may expand, restrict, eliminate or otherwise vary the rights and interests of beneficiaries in any manner that is not illegal or against public policy, including, without limitation:
(a) The right to be informed of the beneficiary’s interest for a period of time;
(b) The grounds for the removal of a fiduciary;
(c) The circumstances, if any, in which the fiduciary must diversify investments;
(d) A fiduciary’s powers, duties, standards of care, rights of indemnification and liability to persons whose interests arise from the trust instrument; and
(e) The provisions of general applicability to trusts and trust administration.
2. A trust is irrevocable except to the extent that a right to revoke the trust is expressly reserved by the settlor under the terms of the trust instrument. Any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including, without limitation, the power or right to amend the trust, does not render or make a trust revocable.
3. Nothing in this section shall be construed to:
(a) Authorize the exculpation or indemnification of a fiduciary for the fiduciary’s own willful misconduct or gross negligence; or
(b) Preclude a court of competent jurisdiction from removing a fiduciary because of the fiduciary’s willful misconduct or gross negligence.
4. The rule that statutes in derogation of the common law are to be strictly construed has no application to this section. This section must be liberally construed to give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments.
(Added to NRS by 1991, 1704; A 2011, 1466; 2015, 3542; 2019, 1862; 2021, 981)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.006 - Creation: Beneficiary.

A trust is created only if there is a beneficiary. This requirement is satisfied if the trust instrument provides for:
1. A beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so that it can be determined whether a person meets the description or is within the class;
2. A grant of power to the trustee or some other person to select the beneficiary based on a standard or in the discretion of the trustee or other person;
3. A charitable trust as defined in NRS 163.460;
4. A trust for the care of one or more animals created pursuant to NRS 163.0075;
5. A public benefit trust as defined in NRS 163.551; or
6. A noncharitable trust without an ascertainable beneficiary pursuant to NRS 163.5505.
(Added to NRS by 1991, 1704; A 2015, 3542; 2017, 1688)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.007 - Validity of trust providing for one or more successor beneficiaries.

If a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalidated, merged or terminated because:
1. There is one settlor who is the sole trustee and the sole beneficiary during the lifetime of the settlor; or
2. There are two or more settlors, one or more of whom are trustees, and the beneficial interest in the trust is in one or more of the settlors during the lifetime of the settlors.
(Added to NRS by 1991, 1704)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.0075 - Validity of trust providing for care of one or more animals.

1. A trust created for the care of one or more animals that are alive at the time of the settlor’s death is valid. Such a trust terminates upon the death of all animals covered by the terms of the trust. A settlor’s expression of intent must be liberally construed in favor of the creation of such a trust.
2. Except as otherwise provided in this subsection, property of a trust described in subsection 1 may not be used in a manner inconsistent with its intended use. Except as otherwise directed by the terms of the trust, if a court determines that the value of a trust described in subsection 1 exceeds the amount required to care for the animal beneficiary, the excess amount must be distributed to the person who would have taken the trust property if the trust had terminated on the date of the distribution.
3. The intended use of a trust described in subsection 1 may be enforced by the trustee or, if a trustee was not designated, by a person appointed by the court to act as the trustee. A person having a demonstrated interest in the welfare of the animal beneficiary may petition the court for an order to appoint himself or herself as trustee or to remove the trustee. The court shall give preference for appointment to a person who demonstrates such an interest.
(Added to NRS by 2001, 958)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.008 - Validity of trust created in relation to real property; recordation.

1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:
(a) A written instrument signed by the trustee, or by the agent of the trustee if the agent is authorized in writing to do so; or
(b) A written instrument, including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if the agent is authorized in writing to do so.
2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
3. This section must not be construed to require a declaration by an owner of property pursuant to NRS 163.002 that specifically identified real property is held in trust to be in writing. As used in this subsection, "specifically identified real property" includes property that is identified by legal description, street address or the applicable assessor’s parcel number.
(Added to NRS by 1991, 1704; A 2001, 2350; 2017, 1688)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.009 - Oral trust of personal property.

1. The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. The oral declaration of the settlor, in and of itself, is not sufficient to establish the creation of such a trust.
2. A reference in statute to a trust instrument or declaration means, in the case of an oral trust, the terms of the trust as established by clear and convincing evidence.
(Added to NRS by 1991, 1705)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.020 - Definitions.

As used in NRS 163.010 to 163.200, inclusive, unless the context or subject matter otherwise requires:
1. "Affiliate" means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.
2. "Relative" means a spouse, ancestor, descendant, brother or sister.
3. "Trust" means an express trust only.
4. "Trustee" means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.
[1:136:1941; 1931 NCL § 7718.30]—(NRS A 1967, 763; 1985, 510; 1999, 2367; 2015, 3543; 2019, 1863)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.025 - Combining or dividing certain trusts.

1. Except as otherwise provided by the terms of the trust instrument, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the combination or division does not:
(a) Impair the rights of any beneficiary;
(b) Substantially affect the accomplishment of the purposes of the trust or trusts; or
(c) Violate the rule against perpetuities applicable to the trust or trusts.
2. If the terms of the trust instrument do not expressly authorize the combination or division of trusts, then the combination or division of trusts must be made by court order or after giving notice of the proposed action and following the procedure set forth in NRS 164.725. The notice of the proposed action must include a summary of the anticipated tax consequences, if any, of the proposed combination or division.
(Added to NRS by 2015, 3538; A 2021, 983)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.026 - Giving name to or changing name of certain trusts.

Except as otherwise specifically provided in the trust instrument and except to the extent it would be materially detrimental to the administration of the trust or to the furtherance of its purposes, a trustee may change the name of an irrevocable trust or give a name to an irrevocable trust that does not have one.
(Added to NRS by 2015, 3539)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.027 - Distribution of property or money of trust: Powers of trustee; manner; consent of affected beneficiaries required for distribution without proration under certain circumstances.

1. Except as otherwise provided in subsection 2 or in the trust, a trustee may distribute property and money:
(a) In divided or undivided interests; and
(b) With or without proration.
2. Each affected beneficiary must consent before property or money is distributed without proration unless the trust specifically authorizes the trustee to make that distribution or the distribution is otherwise authorized by law.
(Added to NRS by 1999, 2366; A 2017, 1689)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.030 - Loan of money held in trust.

1. Except as provided in NRS 163.040, no corporate trustee shall lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate.
2. Except as otherwise:
(a) Provided in a trust instrument and:
(1) Consented to by all beneficiaries of the trust; or
(2) Performed in accordance with a notice of a proposed action provided pursuant to NRS 164.725; or
(b) Approved by a court,
a noncorporate trustee, including a limited-liability company, shall not lend trust funds to itself, himself or herself, or to a relative, employer, employee, partner, member or other business associate.
[2:136:1941; 1931 NCL § 7718.31]—(NRS A 2009, 792)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.040 - Corporate trustee may deposit with self certain money held in trust.

1. A corporate trustee which is subject to regulation and supervision by state or federal authorities may deposit with itself trust funds which are being held necessarily pending investment, distribution, or the payment of debts, provided it pays into the trust for the deposit such interest as it is required by statute to pay on uninvested trust funds, or, if there is no statute, the same rate of interest it pays upon similar nontrust deposits, and maintains in its trust department as security for those deposits a separate fund consisting of securities legal for trust investments and at all times equal in total market value to the amount of the deposits. No security may be required to the extent that the deposit is insured or given a preference by any state or federal law.
2. The separate fund of securities must be marked as such. Withdrawals from or additions to it may be made from time to time, as long as the required value is maintained. The income of the securities belongs to the corporate trustee. In all statements of its financial condition published, or delivered to the Commissioner of Financial Institutions, the corporate trustee shall show as separate items the amount of trust funds which it has deposited with itself and the amount of securities which it holds as security for the payment of those deposits.
[3:136:1941; 1931 NCL § 7718.32]—(NRS A 1983, 1697; 1987, 1875)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.050 - Trustee buying from or selling to self or affiliate.

1. Except as otherwise provided in subsection 2, no trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of a trustee, except with the prior approval of the court having jurisdiction of the trust estate.
2. If authorized by the trust instrument or consented to by all beneficiaries of the trust, a trustee may directly or indirectly buy or sell any property for the trust from or to itself or an affiliate, or from or to a director, officer or employee of the trustee or of an affiliate, or from or to a relative, employer, partner or other business associate of the trustee.
[4:136:1941; 1931 NCL § 7718.33]—(NRS A 1999, 2367; 2003, 2265; 2009, 793)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.060 - Trustee selling from one trust to self as trustee of another trust.

1. Except as otherwise provided in subsection 2 or authorized by the trust instrument, a trustee shall not as trustee of one trust sell property to itself as trustee of another trust except with the approval of the court having jurisdiction of the trust estate.
2. A bank or other corporate trustee which is subject to regulation by state or federal authorities may sell a security which is listed on a regulated stock exchange or sold over the counter by the National Association of Securities Dealers and is held by it as fiduciary in one account to itself as fiduciary in another account if the transaction is fair to the beneficiaries of both accounts and is not otherwise expressly prohibited by a particular statute.
[5:136:1941; 1931 NCL § 7718.34]—(NRS A 1981, 557; 1999, 2367)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.070 - Purchase by corporate trustee of its own stocks, bonds or other securities for trust prohibited unless specifically authorized.

Except as otherwise authorized by the trust instrument or order of the court, a corporate trustee shall not purchase for a trust shares of its own stock, or its bonds or other securities, or the stock, bonds or other securities of an affiliate.
[6:136:1941; 1931 NCL § 7718.35]—(NRS A 1999, 2367)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.090 - Holding stock in name of nominee.

A trustee owning stock may hold it in the name of a nominee without mention of the trust in the stock certificate or stock registration books; providing that:
1. The trust records and all reports or accounts rendered by the trustee clearly show the ownership of the stock by the trustee and the facts regarding its holding; and
2. The nominee shall deposit with the trustee a signed statement showing the trust ownership.
The trustee shall be personally liable for any loss to the trust resulting from any act of such nominee in connection with stock so held.
[8:136:1941; 1931 NCL § 7718.37]—(NRS A 1961, 471)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.100 - Powers of trustee attached to office.

Unless it is otherwise provided by the trust instrument or by court order, all powers of a trustee are attached to the office and are not personal.
[9:136:1941; 1931 NCL § 7718.38]—(NRS A 1999, 2368)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.110 - Powers of cotrustees: Exercisable by majority if more than two cotrustees; liability of dissenting cotrustee; unanimous action required if only two cotrustees; petition of interested person.

1. Unless it is otherwise provided by the trust instrument or by court order, any power vested in three or more trustees may be exercised by a majority of the trustees. A trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise of power and a dissenting trustee is not liable for the consequences of an act in which that trustee joined at the direction of the majority trustees, if the trustee expressed his or her dissent in writing to any of his or her cotrustees at or before the time of the joinder.
2. This section does not excuse a cotrustee from liability for inactivity in the administration of the trust nor for failure to attempt to prevent a breach of trust.
3. Except as otherwise authorized in the trust instrument or by order of the court, a power vested in two trustees may only be exercised by unanimous action.
4. If the trustees cannot exercise a power vested in them in a manner permitted by this section, an interested person may petition the court for appropriate instructions pursuant to NRS 164.010 and 164.015.
[10:136:1941; 1931 NCL § 7718.39]—(NRS A 1999, 2368)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.115 - Removal of trustee; maintenance of proceeding for breach of trust by trustee; permissible purposes for maintenance of proceeding; penalties for not filing petition in good faith; nonexclusivity of remedies; method of commencing proceeding.

1. A settlor, cotrustee or beneficiary of the trust may request the court to remove a trustee, or a trustee may be removed by the court on its own motion pursuant to subsection 2.
2. The court may remove a trustee if:
(a) The trustee commits or threatens to commit a breach of trust;
(b) Lack of cooperation between cotrustees substantially impairs the administration of the trust; or
(c) Because of unfitness, unwillingness or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the settlor or beneficiaries.
3. If a trustee commits or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may maintain a proceeding for any of the following purposes that is appropriate:
(a) To compel the trustee to perform his or her duties.
(b) To enjoin the trustee from committing the breach of trust.
(c) To compel the trustee to redress the breach of trust by payment of money or otherwise.
(d) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.
(e) To remove the trustee.
(f) To set aside acts of the trustee.
(g) To reduce or deny compensation of the trustee.
(h) To impose an equitable lien or a constructive trust on trust property.
(i) To trace trust property that has been wrongfully disposed of and recover the property or its proceeds.
4. If the court determines that a proceeding instituted pursuant to subsection 1 by a settlor, cotrustee or beneficiary of the trust against a trustee was not instituted in good faith and based on probable cause, the court may order that the settlor, cotrustee or beneficiary who is maintaining the proceeding against a trustee pay all or part of the costs of the proceeding, including, without limitation, reasonable attorney’s fees. The provisions of this subsection do not preclude any other remedy available.
5. The provisions of subsections 2 and 3 do not preclude resort to any other appropriate ground or remedy provided by statute or common law.
6. A proceeding under this section must be commenced by filing or bringing in conjunction with the filing of a petition under NRS 164.010 and 164.015.
(Added to NRS by 1999, 2365; A 2017, 1689; 2019, 1863)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.117 - Ex parte order restraining trustee from taking certain actions.

1. On petition or ex parte application of a beneficiary or trustee, the court, with or without bond, may enter an ex parte order restraining a trustee from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust, the court may enter the ex parte order. A person with whom the personal representative may transact business may be made a party to the ex parte order.
2. An ex parte order entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the trust.
3. Notice of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the trustee and the attorney of record of the trustee, if any, to any other party named as a party in the ex parte order and as otherwise directed by the court.
4. The court may impose a fine on a beneficiary or trustee who obtains an ex parte order pursuant to this section without probable cause.
5. The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the trustee if it no longer appears to the court that the trustee otherwise may take action that would jeopardize unreasonably the interest of the petitioner, another beneficiary or the trust.
(Added to NRS by 2019, 1859)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.120 - Claims based on certain contracts or obligations: Assertion against trust; entry of judgment; notice; intervention; personal liability of trustee; significance of use of certain terms.

1. A claim based on a contract entered into by a trustee in the capacity of representative, or on an obligation arising from ownership or control of trust property, may be asserted against the trust by proceeding against the trustee in the capacity of representative, whether or not the trustee is personally liable on the claim.
2. A judgment may not be entered in favor of the plaintiff in the action unless the plaintiff proves that within 30 days after filing the action, or within 30 days after the filing of a report of an early case conference if one is required, whichever is longer, or within such other time as the court may fix, and more than 30 days before obtaining the judgment, the plaintiff notified each of the beneficiaries known to the trustee who then had a present interest, or in the case of a charitable trust, the Attorney General and any corporation which is a beneficiary or agency in the performance of the charitable trust, of the existence and nature of the action. The notice must be given by mailing copies to the beneficiaries at their last known addresses. The trustee shall furnish the plaintiff a list of the beneficiaries to be notified, and their addresses, within 10 days after written demand therefor, and notification of the persons on the list constitutes compliance with the duty placed on the plaintiff by this section. Any beneficiary, or in the case of charitable trusts the Attorney General and any corporation which is a beneficiary or agency in the performance of the charitable trust, may intervene in the action and contest the right of the plaintiff to recover.
3. Except as otherwise provided in this chapter or in the contract, a trustee is not personally liable on a contract properly entered into in the capacity of representative in the course of administration of the trust unless the trustee fails to reveal the representative capacity or identify the trust in the contract. The addition of the word "trustee" or the words "as trustee" after the signature of a trustee to a contract are prima facie evidence of an intent to exclude the trustee from personal liability.
[11:136:1941; 1931 NCL § 7718.40]—(NRS A 1999, 2368)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.130 - Exoneration or reimbursement of trustee for tort.

1. A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if the trustee has not discharged the claim, or to be reimbursed therefor out of trust funds if the trustee has paid the claim, if:
(a) The tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust;
(b) Although the tort was not a common incident of such activity, neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability; or
(c) The trust instrument authorizes the exoneration or reimbursement of a trustee and the actions of the trustee did not constitute willful misconduct or gross negligence.
2. If a trustee commits a tort which increases the value of the trust property, the trustee shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though the trustee would not otherwise be entitled to exoneration or reimbursement.
3. Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.
[12:136:1941; 1931 NCL § 7718.41]—(NRS A 2017, 1690)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.140 - Commission of tort by trustee or predecessor: Prerequisites to suit and collection from trust property; plaintiff not required to prove certain matters; entry of judgment; notice; intervention; personal liability of trustee; nonalteration of certain existing law.

1. If a trustee or the trustee’s predecessor has committed a tort in the course of his or her administration of the trust, the trustee in the capacity of representative may be sued and collection had from the trust property, if the court determines in the action that:
(a) The tort was a common incident of the kind of business activity in which the trustee or the predecessor was properly engaged for the trust;
(b) That, although the tort was not a common incident of such activity, neither the trustee nor the predecessor, nor any officer or employee of the trustee or the predecessor, was guilty of personal fault in incurring the liability; or
(c) That, although the tort did not fall within paragraph (a) or (b), it increased the value of the trust property.
If the tort is within paragraph (a) or (b), collection may be had of the full amount of damage proved, and if the tort is within paragraph (c) above, collection may be had only to the extent of the increase in the value of the trust property.
2. In an action against the trustee in the capacity of representative under this section, the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if the trustee had paid the plaintiff’s claim.
3. A judgment may not be entered in favor of the plaintiff in the action unless the plaintiff proves that, within 30 days after filing the action, or within 30 days after the filing of a report of an early case conference if one is required, whichever is longer, or within such other period as the court may fix, and more than 30 days before obtaining the judgment, the plaintiff notified each of the beneficiaries known to the trustee who then had a present interest of the existence and nature of the action. The notice must be given by mailing copies to the beneficiaries at their last known addresses. The trustee shall furnish the plaintiff a list of the beneficiaries and their addresses, within 10 days after written demand therefor, and notification of the persons on the list constitutes compliance with the duty placed on the plaintiff by this section. Any beneficiary may intervene in the action and contest the right of the plaintiff to recover.
4. Subject to the rights of exoneration or reimbursement provided in NRS 163.130, the trustee may also be held personally liable for any tort committed by the trustee, or by the trustee’s agents or employees in the course of their employments only if the trustee, agent or employee is personally at fault.
5. This section does not change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.
[13:136:1941; 1931 NCL § 7718.42]—(NRS A 1999, 2369)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.145 - Using power to appoint or distribute income to discharge own legal obligation prohibited.

Except as otherwise specifically provided in the trust instrument, a person who holds a power to appoint or distribute income or principal to or for the benefit of others, individually or as trustee, may not use the power to discharge his or her legal obligations.
(Added to NRS by 1999, 2365)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.150 - Withdrawal from mingled money of multiple trusts.

Where a person who is a trustee of two or more trusts has mingled the money of two or more trusts in the same aggregate of cash, or in the same bank, credit union or brokerage account or other investment, and a withdrawal is made therefrom by the trustee for his or her own benefit, or for the benefit of a third person not a beneficiary or creditor of one or more of the trusts, or for an unknown purpose, the withdrawal must be charged first to the amount of cash, credit or other property of the trustee in the mingled fund, if any, and after the exhaustion of the trustee’s cash, credit or other property, then to the trusts in proportion to their interests in the cash, credit or other property at the time of the withdrawal.
[14:136:1941; 1931 NCL § 7718.43]—(NRS A 1999, 1459)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.160 - Power of settlor; liability of trustee for breach of trust.

1. The settlor of a trust affected by NRS 163.010 to 163.200, inclusive, may, by provision in the instrument creating the trust if the trust was created by a writing, or by oral statement to the trustee at the time of the creation of the trust if the trust was created orally, or by an amendment of the trust if the settlor reserved the power to amend the trust, relieve his or her trustee from any or all of the duties, restrictions and liabilities which would otherwise be imposed upon the trustee by NRS 163.010 to 163.200, inclusive, or alter or deny to his or her trustee any or all of the privileges and powers conferred upon the trustee by NRS 163.010 to 163.200, inclusive, or add duties, restrictions, liabilities, privileges or powers to those imposed or granted by NRS 163.010 to 163.200, inclusive, but no act of the settlor relieves a trustee from the duties, restrictions and liabilities imposed upon the trustee by NRS 163.030, 163.040 and 163.050.
2. Except as otherwise provided in subsections 1 and 3, a trustee may be relieved of liability for breach of trust by provisions of the trust instrument.
3. A provision of the trust instrument is not effective to relieve a trustee of liability:
(a) For breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference to the interest of a beneficiary; or
(b) For any profit that the trustee derives from a breach of trust.
[15:136:1941; 1931 NCL § 7718.44]—(NRS A 1999, 2370; 2019, 1864)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.170 - Power of beneficiary.

A beneficiary of a trust affected by NRS 163.010 to 163.200, inclusive, may, if of full legal capacity and acting upon full information, by written instrument delivered to the trustee, relieve the trustee as to that beneficiary from any or all of the duties, restrictions and liabilities which would otherwise be imposed on the trustee by NRS 163.010 to 163.200, inclusive, except as to the duties, restrictions and liabilities imposed by NRS 163.030, 163.040 and 163.050. The beneficiary may release the trustee from liability to him or her for past violations of any of the provisions of NRS 163.010 to 163.200, inclusive.
[16:136:1941; 1931 NCL § 7718.45]—(NRS A 1999, 2370; 2019, 1864)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.180 - Power of court.

A court may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon the trustee by NRS 163.010 to 163.200, inclusive, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violation of the provisions of NRS 163.010 to 163.200, inclusive.
[17:136:1941; 1931 NCL § 7718.46]—(NRS A 1967, 763; 1999, 2371; 2019, 1865)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.185 - Power of court to order termination and distribution of trust before time provided in trust instrument.

Upon such terms and conditions as are just and proper, the court may order termination and distribution of a trust before the time provided in the trust instrument, if administration or continued administration of the trust is no longer feasible or economical. A petition for such an order may be filed by an interested person under NRS 164.010 and 164.015.
(Added to NRS by 1999, 2366)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.187 - Termination of trust when value of trust property insufficient to justify cost of administration.

1. After notice to the beneficiaries, the trustee of a trust that consists of trust property having a total value of less than $100,000 or that is uneconomical to administer may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. This subsection does not apply to an interested trustee.
2. The court may modify or terminate a trust, in accordance with NRS 163.185, or remove the trustee and appoint a different trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration.
3. On termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
4. This section does not apply to a trust whose trust property includes an easement for conservation.
5. As used in this section:
(a) "Easement for conservation" has the meaning ascribed to it in NRS 111.410.
(b) "Interested trustee" means:
(1) An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed.
(2) Any trustee who may be removed and replaced by an interested distributee.
(3) An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust.
(Added to NRS by 2015, 3541)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.190 - Penalty for violation of certain provisions of chapter.

If a trustee violates any of the provisions of NRS 163.010 to 163.200, inclusive, the trustee may be removed and denied compensation in whole or in part, and any beneficiary, cotrustee or successor trustee may treat the violation as a breach of trust.
[18:136:1941; 1931 NCL § 7718.47]—(NRS A 1967, 763; 1999, 2371; 2019, 1865)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.200 - Uniformity of interpretation.

NRS 163.010 to 163.200, inclusive, must be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
[19:136:1941; 1931 NCL § 7718.48]—(NRS A 1967, 763; 1999, 2371; 2019, 1865)
2023 Nevada Revised Statutes › Chapter 163 - Trusts › NRS 163.230 - Testamentary addition to trust.

1. A devise, the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator, or by the testator and some other person or persons, or by some other person or persons, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator’s will and the terms are set forth in a written instrument other than a will, executed before or concurrently with the execution of the testator’s will, or in the valid last will of a person who has predeceased the testator, regardless of the existence, size or character of the corpus of the trust.
2. The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.
3. Unless the testator’s will provides otherwise, the property so devised:
(a) Shall not be deemed to be held under a testamentary trust of the testator but is a part of the trust to which it is given; and
(b) Must be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether made before or after the execution of the testator’s will, or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testator’s will so provides, including any amendments to the trust made after the death of the testator.
4. A revocation or termination of the trust before the death of the testator causes the devise to lapse.
(Added to NRS by 1967, 762; A 1971, 634; 1985, 244; 1999, 2371)