2017 Nevada Revised Statutes
Chapter 164 - Administration of Trusts
NRS 164.010 - Petition for assumption of jurisdiction; powers of court; petition for removal of trust from jurisdiction of court; determination of where trust is domiciled.
1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which the trustee resides or conducts business, or in which the trust has been domiciled, shall consider the application to assume jurisdiction of the trust as a proceeding in rem.
2. If the court grants the petition, the court:
(a) Has jurisdiction of the trust as a proceeding in rem;
(b) Shall be deemed to have personal jurisdiction over any person pursuant to NRS 164.045;
(c) May confirm at the same time the appointment of the trustee and specify the manner in which the trustee must qualify; and
(d) May consider at the same time granting orders on other matters relating to the trust, including, without limitation, matters that might be addressed in a declaratory judgment relating to the trust under subsection 2 of NRS 30.040 or petitions filed pursuant to NRS 153.031 or 164.015 whether such matters are raised in the petition to assume jurisdiction pursuant to this section or in one or more separate petitions that are filed concurrently with the petition to assume jurisdiction.
3. At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
4. For the purposes of this section, a trust is domiciled:
(a) In this State if there is a clear and sufficient nexus between the trust and this State pursuant to subsection 4 of NRS 164.045.
(b) In a county of this State that provides the nexus required pursuant to paragraph (a) giving preference:
(1) First, to the situs or domicile most recently declared by a person granted the power to make such a declaration under the terms of the trust instrument;
(2) Second, to the situs or domicile declared in the trust instrument; and
(3) Finally, to the situs or domicile declared by the trustee in a certification of the trust which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410.
5. As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in NRS 163.0015.
[1:22:1953] — (NRS A 1961, 400; 1999, 2377; 2001, 2352; 2015, 3551)
