Existing law authorizes certain persons to obtain declaratory relief under a deed, written contract or testamentary instrument or with respect to the administration of a trust or certain estates for certain purposes. (NRS 30.040, 30.060) Sections 1 and 2 of this bill authorize a principal or person granted authority to act for a principal under a power of attorney to obtain declaratory relief under the power of attorney. Existing law generally requires a seller of residential property to provide a disclosure form to the purchaser of the property, but provides that such a requirement does not apply in certain circumstances. (NRS 113.130) Section 3 of this bill exempts from such a requirement certain fiduciaries who take temporary possession or control of or title to residential property solely to facilitate the sale of the property on behalf of a person who is deceased or incapacitated. Sections 4-14 of this bill revise various provisions governing electronic wills. Section 9 of this bill revises provisions governing the revocation of an electronic will. Section 11 of this bill revises provisions relating to a qualified custodian of an electronic will ceasing to serve in that capacity and the appointment of a successor qualified custodian. Section 13 of this bill revises provisions concerning the destruction of the electronic record of an electronic will. Section 14 of this bill establishes provisions relating to the conversion of: (1) an electronic will into a certified paper original of the electronic will; and (2) an electronic revocation of a will into a certification of revocation. Existing law authorizes the administration of an estate to be granted to one or more qualified persons not otherwise entitled to serve as an administrator if a qualified person who is entitled to serve as an administrator files a written request with the court. (NRS 139.050) Section 15 of this bill requires the requester to provide his or her current address and telephone number in the written request and provides that failure to provide such information voids the written request. Existing law requires a petition for letters of administration to include certain information. (NRS 139.090) Section 16 of this bill additionally requires such a petition to include the names and addresses of the proposed appointed administrators and any associated coadministrator. Existing law also requires notice of the hearing on the petition to be given to the heirs of the decedent and the Director of the Department of Health and Human Services. (NRS 139.100) Section 16.5 of this bill additionally provides that if the petitioner is not the surviving spouse or certain kindred or nominated by the surviving spouse or such kindred, notice must be given to the public administrator of the county or a similar person. Section 18 of this bill establishes the circumstances in which a person is required to accept or not accept certified letters of administration or letters testamentary and provides that a person who unlawfully refuses to accept such certified letters is subject to a court order requiring acceptance of the certified letters and liability for reasonable attorney's fees and costs incurred in an action or proceeding confirming the validity or mandating the acceptance of the certified letters. Section 18 authorizes a person, after accepting certified letters of administration or letters testamentary, to subsequently request newly certified letters after a certain period for the purpose of validating the continued authority of the personal representative. Section 19 of this bill authorizes a person holding property of a decedent to request the presentation of only certain items as a prerequisite to transferring such property in accordance with a court order providing to whom such property is to be transferred. Section 19 requires the person to accept and comply with such a court order not later than 10 days after the presentation of all requested items unless certain circumstances exist or, if the person does not request the presentation of any items, not later than 10 days after being presented with such a court order. Section 19 provides that a person who unlawfully refuses to accept and comply with such a court order is subject to a court order requiring acceptance of the order, liability for reasonable attorney's fees and costs incurred in an action or proceeding confirming the validity of the court order and any damages resulting from the delay. Existing law establishes provisions concerning the effect of the absence or disability of a personal representative on acts taken by one or more other personal representatives when more than one personal representative has been appointed. (NRS 143.010) Section 20 of this bill provides that if there are two personal representatives, one of whom has a conflict of interest, the acts of the other personal representative alone are valid, and if there are more than two personal representatives, the acts of a majority of the personal representatives are sufficient. Existing law establishes provisions concerning the continuation of the operation of a decedent's business by a personal representative. (NRS 143.050, 143.520) Sections 21 and 26 of this bill make various changes to such provisions. Existing law authorizes a court to require a person to post a bond when obtaining an ex parte order that restrains a personal representative from performing certain actions, exercising any powers or discharging any duties of the office, or any other order to secure proper performance of the duties of the office. (NRS 143.165) Section 22 of this bill provides that a public administrator or similar person must not be required to post a bond for obtaining any such order. Existing law requires the notice of a hearing on a petition filed by a personal representative for full or limited authority to administer an estate to be given to certain persons in certain circumstances. (NRS 143.345) Existing law generally requires the court to grant the authority requested unless an interested person timely objects and shows good cause why the authority should not be granted. (NRS 143.350) Section 24 of this bill requires notice to be given to the public administrator of the county or a similar person in certain circumstances, and section 25 of this bill provides that a person who receives notice is an interested person for purposes of having the ability to object to the granting of authority. Section 25 also authorizes, instead of requires, the court to grant the requested authority. Existing law generally authorizes a personal representative who has been granted full authority to administer an estate to sell property of the estate for such a price and upon such terms and conditions as he or she determines. (NRS 143.380) Section 25.5 of this bill provides that if the personal representative determines that the sale of real property of the estate will be less than 90 percent of the appraised value: (1) all interested persons must consent in writing to the sale; and (2) the sale must be confirmed by the court. Existing law authorizes a decedent's estate to be set aside without administration if the value of the estate does not exceed $100,000. (NRS 146.070) Section 27 of this bill additionally authorizes all or part of a decedent's estate to be set aside without administration if the decedent's will directs that such portion be distributed to the trustee of a nontestamentary trust established by the decedent and in existence at the decedent's death, and provides that the portion of the estate that is set aside is generally subject to creditors of the estate. Existing law entitles an attorney for a personal representative to reasonable compensation for his or her services, paid from a decedent's estate, and sets forth the calculation for determining the allowable compensation in certain circumstances. (NRS 150.060) Section 28 of this bill requires a court to allow the compensation of the attorney in the amount calculated. Existing law provides that the transfer of property for less than fair market value is generally presumed to be void if the transfer is made to certain transferees, including the person who drafted the transfer instrument, and establishes the circumstances in which such a presumption does not apply, including if a transfer instrument is reviewed by an independent attorney who takes certain actions. (NRS 155.097, 155.0975) Section 29 of this bill revises the definition of the term “independent attorney” to include the drafting attorney representing the transferor in preparation of the transfer instrument if the drafting attorney is not otherwise disqualified from being an independent attorney. Existing law authorizes any person requesting to nominate another person to be appointed as his or her guardian to complete a form requesting to nominate a guardian. (NRS 159.0753) Existing law also authorizes the nomination of a guardian of the estate in a power of attorney and a guardian of the person in a power of attorney for health care in certain circumstances. (NRS 162A.250, 162A.800) Section 30 of this bill revises provisions concerning a form requesting to nominate a guardian to reference the nomination of a guardian in any such power of attorney. Section 31 of this bill allows a governing trust instrument to authorize a trustee to reimburse a settlor for all or a portion of tax on trust income or principal that is to be paid by the settlor and authorizes the trustee to pay the settlor directly or pay the appropriate taxing authority on behalf of the settlor. Section 31 also provides that the power of a trustee to make such a payment or the decision of a trustee to exercise such power in favor of the settlor must not cause the settlor to be treated as a beneficiary for the purposes of Nevada law. Existing law authorizes a trust to be created by a declaration by the owner of property that he or she or another person holds the property as trustee. (NRS 163.002) Section 32 of this bill provides that a declaration by the owner of property 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 as belonging to the declarant at the time of his or her death. Existing law provides that: (1) a trust is irrevocable unless a right to amend or revoke the trust is expressly reserved by the settlor or granted to one or more other persons under the terms of the trust instrument; and (2) the power of appointment or power to add or remove beneficiaries, appoint, remove or replace the trustee or make administrative amendments does not make a trust revocable. (NRS 163.004) Section 33 of this bill instead provides that a trust is irrevocable unless a right to revoke the trust is expressly reserved by the settlor under the terms of the trust instrument, and that any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including the power or right to amend the trust, does not render or make a trust revocable. Section 47 of this bill provides that such provisions apply to any trust created or amended before, on or after October 1, 2021. Section 34 of this bill establishes the circumstances in which the custodian of an electronic trust may convert the electronic trust into a certified paper original of the electronic trust and the method by which an electronic trust may be converted into a certified paper original. Section 34 also authorizes the custodian to destroy the electronic record of the electronic trust after converting the electronic trust into a certified paper original if the custodian first takes certain actions. Existing law generally authorizes a trustee to combine two or more trusts into a single trust or divide a trust into two or more separate trusts in certain circumstances after giving notice to certain persons. (NRS 163.025) Section 35 of this bill provides that if the terms of the trust instrument do not expressly authorize such a combination or division of trusts, the combination or division is required to be made by court order or after giving such notice. Existing law provides that a trust instrument may grant certain powers to an investment trust adviser. (NRS 163.5557) Section 37 of this bill provides that the power to value non-publicly traded investments held in trust that are subject to the investment management authority of the investment trust adviser may also be granted to an investment trust adviser. Existing law prohibits a creditor of a settlor from seeking to satisfy a claim against the settlor from the assets of a trust in certain circumstances unless the creditor can prove that trust property transferred by the settlor was transferred fraudulently or was otherwise wrongful as to the creditor. (NRS 163.5559) Section 38 of this bill establishes additional circumstances that generally prohibit a creditor from seeking to satisfy a claim against the settlor from the assets of the trust and provides that such a prohibition does not preclude a creditor from seeking to satisfy a claim against the settlor of a spendthrift trust if the creditor can prove by clear and convincing evidence that trust property transferred by the settlor was fraudulent as to the creditor or violates a legal obligation owed to the creditor under a contract or valid court order. Section 39 of this bill provides that a trustee may act at the direction or with the consent of another party pursuant to the terms of a trust instrument to appoint property of one trust to another trust and revises other provisions relating to the appointment of such property. Section 39 also revises the definition of the term “second trust” for the purposes of the appointment of such property. Existing law authorizes a trustee to provide notice to certain persons after a revocable trust becomes irrevocable and generally prohibits any person who is provided notice from bringing an action to contest the validity of the trust more than 120 days after notice is served. (NRS 164.021) Section 40 of this bill provides that such a prohibition exists regardless of whether a petition for the assumption of jurisdiction of a trust by a court is served upon the person after such notice is provided. Existing law authorizes a trustee of a nontestamentary trust to provide notice to creditors after the death of the settlor, establishes forms for a claim against the settlor or the trust and requires a creditor to file a claim with the trustee within a certain period or the claim is barred. (NRS 164.025) Section 41 of this bill establishes a form for a claim against the settlor and the trust and provides that a claim filed with the trustee is presumed to be timely filed if it meets certain requirements. Section 41 also establishes provisions concerning the discovery of the existence of an additional creditor after the initial notice to creditors is provided. Existing law provides that if a trust has an unrepresented minor or incapacitated beneficiary, the custodial parent or guardian of the estate of the minor or incapacitated beneficiary is authorized to provide representation in any judicial proceeding or nonjudicial matter pertaining to the trust. (NRS 164.038) Section 42 of this bill instead provides that any custodial parent or the guardian of the estate can provide such representation. Section 44 of this bill requires a lender, trustee or assignee of an encumbrance against real property to provide to the Director of the Department of Health and Human Services or a public administrator or similar person a statement containing the identifying number and account balance of any encumbrance against real property on which the name of a decedent appears and authorizes a reasonable fee to be charged for providing such a statement to a public administrator or similar person. Section 45 of this bill requires a financial institution to provide a public administrator or similar person with access to a safe deposit box of a decedent for the purpose of inspecting and removing any will or instructions for disposition of the remains of the decedent. Section 46 of this bill requires county health officers to include the residential addresses of all deceased persons in a written list filed with a public administrator or similar person.

Statutes affected:
As Introduced: 30.040, 30.060, 113.130, 132.117, 132.118, 132.119, 133.086, 133.120, 133.300, 133.310, 133.320, 133.330, 133.340, 139.050, 139.090, 143.010, 143.050, 143.165, 143.305, 143.345, 143.350, 143.520, 146.070, 150.060, 155.094, 159.0753, 163.002, 163.004, 163.0095, 163.025, 163.553, 163.5557, 163.5559, 163.556, 164.021, 164.025, 164.038, 440.250
Reprint 1: 30.040, 30.060, 113.130, 132.117, 132.118, 132.119, 133.086, 133.120, 133.300, 133.310, 133.320, 133.330, 133.340, 139.050, 139.090, 139.100, 143.010, 143.050, 143.165, 143.305, 143.345, 143.350, 143.380, 143.520, 146.070, 150.060, 155.094, 159.0753, 163.002, 163.004, 163.0095, 163.025, 163.553, 163.5557, 163.5559, 163.556, 164.021, 164.025, 164.038, 440.250
As Enrolled: 30.040, 30.060, 113.130, 132.117, 132.118, 132.119, 133.086, 133.120, 133.300, 133.310, 133.320, 133.330, 133.340, 139.050, 139.090, 139.100, 143.010, 143.050, 143.165, 143.305, 143.345, 143.350, 143.380, 143.520, 146.070, 150.060, 155.094, 159.0753, 163.002, 163.004, 163.0095, 163.025, 163.553, 163.5557, 163.5559, 163.556, 164.021, 164.025, 164.038, 440.250