Existing law provides that the estate of a decedent may be settled by the district court of any county in which any part of the estate is located or where the decedent was a resident at the time of death. (NRS 136.010) Section 1 of this bill provides that the jurisdiction of the settlement of the estate of a decedent may be assumed in the district court of any county in this State if: (1) the decedent was a resident of this State at the time of death; or (2) any part of the estate is located in this State. Existing law further provides that, if a decedent was a resident of this State at his or her time of death, the district court of any county in this State may assume jurisdiction of the settlement of the estate only after considering the convenience of the forum to certain parties. (NRS 136.010) Section 1 removes such provisions of law and instead provides that: (1) the venue of the settlement of the estate of the decedent is proper in any district court in this State; and (2) if an interested person objects to the venue on the basis of convenience, the court may determine the appropriate venue only after considering the convenience of the forum in relation to where the decedent died or owned property or the preferences of certain parties. Existing law provides that if a homestead was selected by the spouses and recorded while both were living, the homestead, upon the death of either spouse, vests absolutely in the survivor. If no homestead was selected, existing law provides that the homestead may be set apart by the court to the surviving spouse, minor child or minor children of the decedent for a limited period if the court deems it advisable after considering, among other things, the needs and resources of the family. (NRS 146.050) Section 2 of this bill clarifies that the court must consider the needs and resources of the surviving spouse, minor child or minor children of the decedent. If the value of an estate does not exceed $100,000, existing law authorizes the estate of the decedent to be set aside and assigned in a certain order without administration. (NRS 146.070) Section 3 of this bill authorizes the court to: (1) upon request, order any asset assigned and set apart to be distributed to a designated person who resides in this State; (2) order the designated person to distribute the assets to the persons entitled thereto; and (3) retain jurisdiction of the estate to enforce the orders of the court until the designated person can prove that all sums of money due and all property of the estate has been distributed properly. Existing law requires a notice of the time and place of sale of real property to be published in a certain manner before the sale is made. Under existing law, the court may waive the requirement of publication if, among other things, the personal representative is the sole devisee or heir of the estate or if all devisees or heirs of the estate consent in writing. (NRS 148.220) Section 4 of this bill provides that the court may waive the requirement of publication if the following persons consent in writing: (1) the personal representative, if he or she is the sole devisee or heir of the estate; (2) all devisees to whom the property is devised if the property is specifically devised in the decedent's will; (3) all residuary devisees if the property is not specifically devised in the decedent's will; or (4) in the case of an intestate estate, all heirs of the estate. Existing law requires that before the court can confirm a sale of real property at a private sale, the court must first, among other things, determine that the real property has been appraised within 1 year before the time of sale. Under existing law, the court can waive the requirement of an appraisement: (1) for good cause shown; or (2) if the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs consent in writing to sale without an appraisal. (NRS 148.260) Section 5 of this bill authorizes the court to waive the requirement of an appraisement if the following people consent in writing to sale without an appraisal: (1) the personal representative, if he or she is the sole devisee or heir of the estate; (2) all devisees to whom the property is devised, if the property is specifically devised in the will of the decedent; (3) all residuary devisees, if the property is not specifically devised in the will of the decedent; and (4) in the case of an intestate estate, all heirs to the estate. Existing law requires a petitioner to provide notice of the time and place of the hearing of a petition to certain interested persons by: (1) mailing a copy by registered or ordinary first-class mail addressed to the person being notified; and (2) publishing a copy of the notice in certain newspapers under certain circumstances. (NRS 155.010) If the court has established an electronic filing system pursuant to the Nevada Electronic Filing and Conversion Rules, section 6 of this bill authorizes a petitioner to provide such notice to certain interested persons by submitting a copy of the notice through the electronic filing system of the court or through any other electronic means. Existing law authorizes the maker or legal representative of a maker of a will, trust or testamentary instrument to obtain declaratory relief under the testamentary instrument or with respect to the administration of the trust or certain estates for certain purposes. (NRS 30.040) Section 7 of this bill additionally authorizes an interested person or the legal representative of an interested person to obtain declaratory relief under the same circumstances. Section 9 of this bill provides that a settlor of a trust may use a method set forth in a trust instrument for determining whether the settlor or trustee is incapacitated. Section 16 of this bill authorizes a trustee presenting a certification of trust to include a declaration that the incapacity of the former trustee has been established pursuant to section 9 and that the current acting trustee has succeeded to the office of trustee. (NRS 164.410) Section 13 of this bill provides that certain information concerning trusts in pleadings and filings is confidential. Section 18 of this bill makes a conforming change to reflect that certain information concerning trusts in pleadings and filings is made confidential pursuant to section 13. Existing law classifies a distribution interest, among other classifications, as a support interest if the trustee is required to make distributions to the beneficiary pursuant to an ascertainable standard. (NRS 163.4185) Section 11 of this bill revises the circumstances under which a distribution interest is classified as a support interest. Existing law prescribes the powers and duties of a protector of a trust. (NRS 163.5553) Section 12 of this bill provides that, unless otherwise provided in the trust instrument: (1) the powers of a protector of a trust are fiduciary in nature; and (2) the trust instrument may define the scope and extent of the fiduciary standard applicable to the exercise of any of the powers and duties of a protector of a trust. Existing law provides that under certain circumstances, the district court is required to assume jurisdiction of a trust as a proceeding in rem. If the trustee does not reside or conduct business in this State, existing law provides that jurisdiction is proper in this State if, among other requirements: (1) the trust expressly provides that the trust originated in this State or that a court in this State has jurisdiction; (2) under certain circumstances, a person has designated that the trust originated in this State or that this State has jurisdiction; or (3) one or more beneficiaries of the trust reside in this State. (NRS 164.010) Section 14 of this bill: (1) provides that jurisdiction of a trust is proper in this State if the trust or a certain person expressly provides or designates that the trust originated in a county located in this State; (2) removes the requirement that one or more beneficiaries of the trust reside in this State; and (3) provides that jurisdiction is proper if any trustee resides or conducts business in this State. Existing law also provides that, for the purposes of determining venue, the court must consider the preference of counties in a certain order. (NRS 164.010) Section 14 specifies that for the purposes of determining venue in this State, the following preferences apply: (1) a county in which venue was most recently declared; (2) a county in which venue is declared in the trust instrument; (3) a county in which the situs or domicile of the trust is declared in a certification of trust; (4) a county in which any trustee resides or conducts business at the time of the filing of the petition; (5) a county in which any real property interest owned by the trust is located; and (6) a county in which any beneficiary resides. 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 15 of this bill clarifies that the notice must contain the dispositive provisions of the trust instrument that pertain to the beneficiary or a complete copy of the trust instrument. Section 15 also authorizes a person to consent in writing to a period shorter than 120 days in which to bring an action to contest the validity of the trust. Section 17 of this bill makes a technical correction to a provision relating to the liability of a trustee or disinterested person who, in good faith, fails to take certain actions. (NRS 164.796)

Statutes affected:
As Introduced: 136.010, 146.050, 146.070, 148.220, 148.260, 155.010, 30.040, 163.4185, 163.5553, 164.010, 164.021, 164.410, 164.796, 239.010
Reprint 1: 136.010, 146.050, 146.070, 148.220, 148.260, 155.010, 30.040, 163.4185, 163.5553, 164.010, 164.021, 164.410, 164.796, 239.010
Reprint 2: 136.010, 146.050, 146.070, 148.220, 148.260, 155.010, 30.040, 163.4185, 163.5553, 164.010, 164.021, 164.410, 164.796, 239.010
As Enrolled: 136.010, 146.050, 146.070, 148.220, 148.260, 155.010, 30.040, 163.4185, 163.5553, 164.010, 164.021, 164.410, 164.796, 239.010
BDR: 136.010, 146.050, 146.070, 148.220, 148.260, 155.010, 30.040, 163.4185, 163.5553, 164.010, 164.021, 164.410, 164.796, 239.010