Senate Bill No. 33–Committee on Judiciary
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 132 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires,
when the term “writing” or “written” is used in reference to a will, the
term includes an electronic will.
Sec. 3. “Electronic record” means a record created, generated or
stored by electronic means.
Sec. 4. “Electronic signature” means an electronic sound, symbol or
process attached to or logically associated with a record and executed or
adopted by a person with the intent to sign the record.
Sec. 5. “Electronic will” means a testamentary document that
complies with the requirements of section 9 of this act.
Sec. 6. “Record” means information that is inscribed on a tangible
medium, or that is stored in an electronic medium and is retrievable in
perceivable form.
Sec. 7. NRS 132.025 is hereby amended to read as follows:
132.025 As used in this Title, unless the context otherwise requires,
the words and terms defined in NRS 132.030 to 132.370, inclusive, and
sections 3 to 6, inclusive, of this act, have the meanings ascribed to them
in those sections.
Sec. 8. NRS 132.070 is hereby amended to read as follows:
132.070 “Codicil” means an addition to a will that may modify or
revoke one or more provisions of the will, or add one or more provisions
to the will, and is signed with the same formalities as a witnessed will,
electronic will or holographic will.
Sec. 9. Chapter 133 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronic record;
(b) Contains the date and the electronic signature of the testator and
which includes, without limitation, at least one authentication
characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained and controlled by the
testator or a custodian designated by the testator in the electronic will;
(3) Any attempted alteration of the authoritative copy is readily
identifiable; and
(4) Each copy of the authoritative copy is readily identifiable as a
copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 years may, by last
electronic will, dispose of all of his estate, real and personal, but the
estate is chargeable with the payment of the testator’s debts.
3. An electronic will that meets the requirements of this section is
subject to no other form, and may be made in or out of this state. An
electronic will is valid and has the same force and effect as if formally
executed.
4. An electronic will shall be deemed to be executed in this state if
the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodian designated in the
electronic will at his place of business in this state or at his residence in
this state; or
(b) Maintained by the testator at his place of business in this state or
at his residence in this state.
5. The provisions of this section do not apply to a trust other than a
trust contained in an electronic will.
6. As used in this section:
(a) “Authentication characteristic” means a characteristic of a certain
person that is unique to that person and that is capable of measurement
and recognition in an electronic record as a biological aspect of or
physical act performed by that person. Such a characteristic may consist
of a fingerprint, a retinal scan, voice recognition, facial recognition, a
digitized signature or other authentication using a unique characteristic
of the person.
(b) “Authoritative copy” means the original, unique, identifiable and
unalterable electronic record of an electronic will.
(c) “Digitized signature” means a graphical image of a handwritten
signature that is created, generated or stored by electronic means.
Sec. 10. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except such electronic wills or
holographic wills as are mentioned in this chapter, is valid unless it is in
writing and signed by the testator, or by an attending person at the
testator’s express direction, and attested by at least two competent
witnesses who subscribe their names to the will in the presence of the
testator.
Sec. 11. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to electronic wills
and holographic wills apply, a will may refer to a written statement or list
, including, without limitation, a written statement or list contained in an
electronic record, to dispose of items of tangible personal property not
otherwise specifically disposed of by the will, other than money,
evidences of indebtedness, documents of title, securities and property used
in a trade or business.
2. To be admissible as evidence of the intended disposition, the
statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and
the names of the devisees.
(e) The testator’s handwritten signature [.] or electronic signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testator’s
death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the
dispositions made by the will.
Sec. 12. NRS 133.050 is hereby amended to read as follows:
133.050 1. Any [or all of the attesting witnesses to any] attesting
witness to a will may sign a declaration under penalty of perjury or an
affidavit before any person authorized to administer oaths in or out of the
state, stating such facts as [they] the witness would be required to testify
to in court to prove the will. The declaration or affidavit must be written
on the will or, if that is impracticable, on some paper attached thereto. The
sworn statement of any witness so taken must be accepted by the court as
if it had been taken before the court.
2. The affidavit described in subsection 1 may be in substantially [in
form as follows:] the following form:
STATE OF NEVADA}
}ss.
COUNTY OF }
(Date)
Then and there personally appeared ................ and ................., who,
being duly sworn, depose and say: That they witnessed the execution of
the foregoing will of the testator, ................; that the testator subscribed
the will and declared it to be his last will and testament in their presence;
that they thereafter subscribed the will as witnesses in the presence of the
testator and in the presence of each other and at the request of the testator;
and that the testator at the time of the execution of the will appeared to
them to be of full age and of sound mind and memory.
Affiant
Affiant
Subscribed and sworn to before me this .......
day of the month of ....... of the year .......
.................. Notary Public
3. The declaration described in subsection 1 may be in substantially
the following form:
Under penalty of perjury pursuant to the law of the State of Nevada, the
undersigned, .................... and ...................., declare that the following is
true of their own knowledge: That they witnessed the execution of the
foregoing will of the testator, ........................; that the testator subscribed
the will and declared it to be his last will and testament in their presence;
that they thereafter subscribed the will as witnesses in the presence of the
testator and in the presence of each other and at the request of the
testator; and that the testator at the time of the execution of the will
appeared to them to be of full age and of sound mind and memory.
Dated this ......... day of ................, ............
Declarant
Declarant
Sec. 13. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and
testament executed outside this state in the manner prescribed by the law,
either of the state where executed or of the testator’s domicile, shall be
deemed to be legally executed, and is of the same force and effect as if
executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states which enact it.
3. As used in this section, “subscribed” includes, without limitation,
placing an electronic signature on an electronic will.
Sec. 14. NRS 134.070 is hereby amended to read as follows:
134.070 If the decedent leaves no issue, surviving spouse, or father or
mother, and no brother or sister living at the time of death, the estate goes
to the next of kin in equal degree, except that if there are two or more
collateral kindred in equal degree, but claiming through different
ancestors, those who claim through the nearest ancestors are preferred to
those who claim through ancestors more remote. [If any person dies
leaving several children, or leaving a child and issue of one or more
children, and any such surviving child dies under age and not having been
married, all the estate that came to the deceased child by inheritance from
the deceased parent descends in equal shares to the other children of the
same parent, and to the issue of any other children who may have died, by
right of representation.]
Sec. 15. NRS 134.080 is hereby amended to read as follows:
134.080 1. At the death of a child who is under age , who is without
issue and who has not been married, all the other children of the parent
being also dead, if any of the other children left issue, the estate that came
to the child by inheritance from the parent descends to all the issue of the
other children of the same parent, and if all the issue are in the same
degree of kindred to the child , they are entitled to share the estate equally;
otherwise, they are entitled to take according to the right of representation.
2. If any person dies leaving several children, or leaving a child and
issue of one or more children, and any such surviving child dies under
age, without issue and not having been married, all the estate that came
to the deceased child by inheritance from the deceased parent descends
in equal shares to the other children of the same parent, and to the issue
of any other children of the same parent who may have died, by right of
representation.
Sec. 16. Chapter 136 of NRS is hereby amended by adding thereto a
new section to read as follows:
An electronic will may be proved by authentication satisfactory to the
court.
Sec. 17. NRS 137.140 is hereby amended to read as follows:
137.140 An appeal from a final order determining the contest of a will
is governed by the Nevada Rules of Appellate Procedure[.] , and the
notice of appeal must be filed with the clerk of the district court not later
than 30 days after the date of service of written notice of entry of a final
order. A party may make any motion after the determination that is
provided by the Nevada Rules of Civil Procedure.
Sec. 18. NRS 139.010 is hereby amended to read as follows:
139.010 No person is entitled to letters of administration who:
1. Is under the age of majority;
2. Has been convicted of a felony;
3. Upon proof, is adjudged by the court disqualified by reason of
conflict of interest, drunkenness, improvidence or lack of integrity or
understanding; or
4. Is not a resident of the State of Nevada and who does not associate
as coadministrator a resident of the State of Nevada or which, in the case
of a banking corporation, is not authorized to do business in this state [or]
and does not associate as coadministrator a resident of the State of
Nevada or a banking corporation authorized to do business in this state.
Sec. 19. NRS 139.040 is hereby amended to read as follows:
139.040 1. Administration of the intestate estate of a decedent must
be granted to one or more of the persons mentioned in this section, and
they are respectively entitled to priority for appointment in the following
order:
(a) The surviving spouse.
(b) The children.
(c) The father or the mother.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in the distribution of the
estate.
(g) [Creditors who have become such during the lifetime of the
decedent.
(h)]The public administrator.
(h) Creditors who have become such during the lifetime of the
decedent.
(i) Any of the kindred not above enumerated, within the fourth degree
of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if [he is a] the person is:
(1) A resident of the State of Nevada or [is a] associates as
coadministrator a resident of the State of Nevada; or
(2) A banking corporation which is authorized to do business in this
state or which associates as coadministrator a resident of the State of
Nevada or a banking corporation authorized to do business in this state.
(b) To nominate a resident of the State of Nevada or a qualified banking
corporation for appointment, whether or not the nominator is a resident of
the State of Nevada or a qualified banking corporation. The nominee has
the same priority as the nominator. That priority is independent of the
residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled to appointment is a minor or
an incompetent person for whom a guardian has been appointed, the
court may appoint the guardian of the minor or incompetent person as
administrator.
Sec. 20. NRS 143.037 is hereby amended to read as follows:
143.037 1. Except as otherwise provided in this section, a personal
representative shall close an estate within 18 months after appointment.
2. If a claim against the estate is in litigation or in summary
determination pursuant to subsection [4] 5 of NRS 145.060 or subsection 2
of NRS 147.130 or the amount of federal estate tax has not been
determined, the court, upon petition of a devisee, creditor or heir, shall
order that:
(a) A certain amount of money, or certain other assets, be retained by
the personal representative to:
(1) Satisfy the claim or tax; and
(2) Pay any fees or costs related to the claim or tax, including fees for
appraisals, attorney’s fees and court costs; and
(b) The remainder of the estate be distributed.
3. If a contest of the will or a proceeding to determine heirship is
pending, the court which appointed the personal representative:
(a) Shall order that a certain amount of money, or certain other assets,
be retained and the remainder of the estate distributed; or
(b) May, for good cause shown, order that the entire distributable estate
be retained pending disposition of the contest or proceeding.
Sec. 21. NRS 143.170 is hereby amended to read as follows:
143.170 [A] Unless approved in advance by a court after application,
notice and a hearing on the matter, a personal representative shall not
directly or indirectly purchase any property of the estate represented by the
personal representative.
Sec. 22. NRS 145.010 is hereby amended to read as follows:
145.010 The provisions of this chapter [shall] apply only to estates of
which summary administration [shall be] is ordered. Upon the granting of
summary administration, all regular proceedings and further notices
required by this Title are waived, except for the notices required by NRS
144.010, 145.060, 145.070 and 145.075.
Sec. 23. NRS 145.060 is hereby amended to read as follows:
145.060 1. A personal representative shall publish and mail notice
to creditors in the manner provided in NRS 155.020.
2. Creditors of the estate must file their claims, due or to become due,
with the clerk, within 60 days after the mailing to the creditors for those
required to be mailed, or 60 days after the first publication of the notice to
creditors pursuant to NRS 155.020, and within 10 days thereafter the
personal representative shall allow or reject the claims filed.
[2.] 3. Any claim which is not filed within the 60 days is barred
forever, except that if it is made to appear, by the affidavit of the claimant
or by other proof to the satisfaction of the court, that the claimant did not
have notice as provided in NRS 155.020, the claim may be filed at any
time before the filing of the final account.
[3.] 4. Every claim which is filed as provided in this section and
allowed by the personal representative, must then, and not until then, be
ranked as an acknowledged debt of the estate and be paid in the course of
administration, except that payment of small debts in advance may be
made pursuant to subsection 3 of NRS 150.230.
[4.] 5. If a claim filed by the welfare division of the department of
human resources is rejected by the personal representative, the state
welfare administrator may, within 20 days after receipt of the written
notice of rejection, petition the court for summary determination of the
claim. A petition for summary determination must be filed with the clerk,
who shall set the petition for hearing, and the petitioner shall give notice
for the period and in the manner required by NRS 155.010. Allowance of
the claim by the court is sufficient evidence of its correctness, and it must
be paid as if previously allowed by the personal representative.
Sec. 24. NRS 146.080 is hereby amended to read as follows:
146.080 1. If a decedent leaves no real property, nor interest therein,
nor mortgage or lien thereon, in this state, and the gross value of the
decedent’s property in this state, over and above any amounts due to the
decedent for services in the Armed Forces of the United States, does not
exceed $20,000, a person who has a right to succeed to the property of the
decedent [under] pursuant to the laws of succession for a decedent who
died intestate or [under] pursuant to the valid will of a decedent who died
testate, on behalf of all persons entitled to succeed to the property claimed,
or the state welfare administrator or public administrator on behalf of the
state or others entitled to the property, may, 40 days after the death of the
decedent, without procuring letters of administration or awaiting the
probate of the will, collect any money due the decedent, receive the
property of the decedent, and have any evidences of interest, indebtedness
or right transferred to the claimant upon furnishing the person,
representative, corporation, officer or body owing the money, having
custody of the property or acting as registrar or transfer agent of the
evidences of interest, indebtedness or right, with an affidavit showing the
right of the affiant or affiants to receive the money or property or to have
the evidence transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiant’s name and address, and that the affiant is entitled by law
to succeed to the property claimed;
(b) [That the decedent was a resident of Nevada at the time of death;]
The date and place of death of the decedent;
(c) That the gross value of the decedent’s property in this state, except
amounts due to the decedent for services in the Armed Forces of the
United States, does not exceed $20,000, and that the property does not
include any real property nor interest therein, nor mortgage or lien
thereon;
(d) That at least 40 days have elapsed since the death of the decedent[;]
, as shown in a certified copy of the certificate of death of the decedent
attached to the affidavit;
(e) That no petition for the appointment of a personal representative is
pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including funeral and burial expenses,
and money owed to the department of human resources as a result of the
payment of benefits for Medicaid, have been paid or provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by
certified mail, identifying the affiant’s claim and describing the property
claimed, to every person whose right to succeed to the decedent’s property
is equal or superior to that of the affiant, and that at least 14 days have
elapsed since the notice was served or mailed;
(i) That the affiant is personally entitled, or the department of human
resources is entitled, to full payment or delivery of the property claimed or
is entitled to payment or delivery on behalf of and with the written
authority of all other successors who have an interest in the property; and
(j) That the affiant acknowledges an understanding that filing a false
affidavit constitutes a felony in this state.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of
subsection 2 or which contains statements which are not entirely true, any
money or property the affiant receives is subject to all debts of the
decedent.
(b) Fails to give notice to other successors as required by subsection 2,
any money or property the affiant receives is held by the affiant in trust for
all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information
required by subsection 2 is entitled to rely upon that information, and if
the person relies in good faith, the person is immune from civil liability for
actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit
containing the information required by this section:
(a) A transfer agent of any security shall change the registered
ownership of the security claimed from the decedent to the person
claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership
or registration to personal property shall issue a new certificate of
ownership or registration to the person claiming to succeed to ownership
of the property.
6. If any property of the estate not exceeding $20,000 is located in a
state which requires an order of a court for the transfer of the property, or
if the estate consists of stocks or bonds which must be transferred by an
agent outside this state, any person qualified [under] pursuant to the
provisions of subsection 1 to have the stocks or bonds or other property
transferred may do so by obtaining a court order directing the transfer. The
person desiring the transfer must file a petition, which may be ex parte,
containing:
(a) A specific description of all the property of the decedent.
(b) A list of all the liens and mortgages of record at the date of the
decedent’s death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages of any minors, and residences of the decedent’s
heirs and devisees.
(e) A request for the court to issue an order directing the transfer of the
stocks or bonds or other property if the court finds the gross value of the
estate does not exceed $20,000.
(f) An attached copy of the executed affidavit made pursuant to
subsection 2.
If the court finds that the gross value of the estate does not exceed $20,000
and the person requesting the transfer is entitled to it, the court may enter
an order directing the transfer.
Sec. 25. NRS 147.110 is hereby amended to read as follows:
147.110 1. Within 15 days after the time for filing claims has
expired, as provided in this chapter, the personal representative shall
examine all claims filed and shall either endorse on each claim an
allowance or rejection, with the day and the year thereof, or shall file a
notice of allowance or rejection with the date and the year thereof, and the
notice of allowance or rejection must be attached to the claim allowed or
rejected and filed with the clerk.
2. If a personal representative refuses or neglects to endorse on a claim
an allowance or rejection within 15 days, as specified in this section, or
does not file a notice of allowance or rejection, the claim shall be deemed
rejected, but the personal representative may, nevertheless, allow the claim
at any time before the filing of the final account.
3. [If a claim is deemed rejected pursuant to subsection 2, the personal
representative must, not more than 10 days after the rejection, provide
written notice of the rejection by registered mail to all affected creditors.
4.] A personal representative need not allow or reject a claim that was
not timely filed unless the court otherwise orders.
Sec. 26. NRS 148.220 is hereby amended to read as follows:
148.220 1. Notice of the time and place of sale of real property must
be published in a newspaper published in the county in which the property,
or some portion of the property, is located, if there is one so published, and
if not, then in such paper as the court directs, for 2 weeks, being three
publications, 1 week apart, before the day of sale or, in the case of a
private sale, before the day on or after which the sale is to be made. For
good cause shown, the court may decrease the number of publications to
one and shorten the time for publication to a period not less than 8 days.
2. If the personal representative is the sole devisee or heir of the
estate, or if all devisees or heirs of the estate consent in writing, the court
may waive the requirement of publication.
3. If it appears from the inventory and appraisement that the value of
the property to be sold does not exceed $5,000, the personal representative
may [dispense with] waive the requirement of publication and, in lieu
thereof, post a notice of the time and place of sale in three of the most
public places in the county in which the property, or some portion of the
property, is located, for 2 weeks before the day of the sale or, in the case
of a private sale, before the day on or after which the sale is to be made.
[3.] 4. The property proposed to be sold must be described with
common certainty in the notice.
Sec. 27. Chapter 150 of NRS is hereby amended by adding thereto a
new section to read as follows:
Notwithstanding any other provision of this chapter, the court may
waive the requirement of any accounting if all interested persons agree
in writing to the waiver.
Sec. 28. NRS 150.180 is hereby amended to read as follows:
150.180 1. If a minor is interested in the estate who has no legally
appointed guardian, the court may appoint a disinterested attorney to
represent him who may contest the account as any other interested person
might contest it.
2. The court may also appoint an attorney to represent unborn,
incapacitated or absent heirs and devisees.
3. [All matters, including allowed claims not addressed in the
settlement of any former account, or in entering an order of sale, may be
contested by interested persons for cause shown.
4.] An attorney so appointed must be paid as provided in
NRS 150.060.
Sec. 29. NRS 150.310 is hereby amended to read as follows:
150.310 1. If it appears upon any accounting, or in any appropriate
action or proceeding, that a personal representative, trustee or other
fiduciary has paid or may be required to pay an estate tax to the Federal
Government under the provisions of any federal estate tax law, now
existing or hereafter enacted, upon or with respect to any property required
to be included in the gross estate of a decedent under the provisions of any
such law, the amount of the tax must be equitably prorated among the
persons interested in the estate, whether residents or nonresidents of this
state, to whom the property was, is or may be transferred or to whom any
benefit accrues, except:
[1.] (a) Where a testator otherwise directs in his will.
[2.] (b) Where by written instrument , including, without limitation, an
electronic trust, executed inter vivos direction is given for apportionment
among the beneficiaries of taxes assessed upon the specific fund dealt with
in the instrument.
2. As used in this section, “electronic trust” has the meaning
ascribed to it in section 38 of this act.
Sec. 30. NRS 155.190 is hereby amended to read as follows:
155.190 In addition to any order from which an appeal is expressly
permitted by this Title, an appeal may be taken to the supreme court
within 30 days after [its entry from] the notice of entry of an order:
1. Granting or revoking letters testamentary or letters of
administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed $50,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from
execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the
sale of property.
7. Settling an account of a personal representative or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing a personal representative.
10. Directing or allowing the payment of a debt, claim, devise or
attorney’s fee.
11. Determining heirship or the persons to whom distribution must be
made or trust property must pass.
12. Distributing property.
13. Refusing to make any order mentioned in this section or any
decision wherein the amount in controversy equals or exceeds, exclusive
of costs, $5,000.
14. Granting or denying a motion to enforce the liability of a surety
filed pursuant to NRS 142.035.
15. Granting an order for conveyance or transfer pursuant to
NRS 148.410.
Sec. 31. NRS 53.045 is hereby amended to read as follows:
53.045 [1. Except as otherwise provided in subsection 2, any] Any
matter whose existence or truth may be established by an affidavit or other
sworn declaration may be established with the same effect by an unsworn
declaration of its existence or truth signed by the declarant under penalty
of perjury, and dated, in substantially the following form:
[(a)] 1. If executed in this state: “I declare under penalty of perjury
that the foregoing is true and correct.”
Executed on.............
(date) (signature)
[(b)] 2. If executed outside this state: “I declare under penalty of
perjury under the law of the State of Nevada that the foregoing is true and
correct.”
Executed on.............
(date) (signature)
[2. This section does not dispense with a requirement of a witness to or
the authentication of a signature, or the requirements of NRS 133.050 or a
similar statute.]
Sec. 32. Chapter 159 of NRS is hereby amended by adding thereto a
new section to read as follows:
As used in this chapter, unless the context otherwise requires, when
the term “writing” or “written” is used in reference to a will or
instrument, the term includes an electronic will as defined in section 5 of
this act and an electronic trust as defined in section 38 of this act.
Sec. 33. Chapter 163 of NRS is hereby amended by adding thereto the
provisions set forth as sections 34 to 40, inclusive, of this act.
Sec. 34. 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 section 5 of this act or an electronic trust as
defined in section 38 of this act, as appropriate.
Sec. 35. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 36 to 39, inclusive, of
this act, have the meanings ascribed to them in those sections.
Sec. 36. “Electronic record” has the meaning ascribed to it in
section 3 of this act.
Sec. 37. “Electronic signature” has the meaning ascribed to it in
section 4 of this act.
Sec. 38. “Electronic trust” means a trust instrument that complies
with the requirements of section 40 of this act.
Sec. 39. “Record” has the meaning ascribed to it in section 6 of this
act.
Sec. 40. 1. An electronic trust is a trust instrument that:
(a) Is written, created and stored in an electronic record;
(b) Contains the electronic signature of the settlor; and
(c) Meets the requirements set forth in this chapter for a valid trust.
2. An electronic trust shall be deemed to be executed in this state if
the electronic trust is:
(a) Transmitted to and maintained by a custodian designated in the
trust instrument at his place of business in this state or at his residence
in this state; or
(b) Maintained by the settlor at his place of business in this state or at
his residence in this state, or by the trustee at his place of business in
this state or at his residence in this state.
3. The provisions of this section do not apply to a testamentary trust.
Sec. 41. NRS 163.008 is hereby amended to read as follows:
163.008 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 he 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 he 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.
Sec. 42. NRS 163.260 is hereby amended to read as follows:
163.260 1. By an expressed intention of the testator or settlor [so] to
do so contained in a will, or in an instrument in writing whereby a trust
estate is created inter vivos, any or all of the powers or any portion thereof
enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time
[of the signing of the will by] that the testator signs the will or places his
electronic signature on the will, if it is an electronic will, or at the time
[of the signing by] that the first settlor [who] signs the trust instrument [,]
or places his electronic signature on the trust instrument, if it is an
electronic trust, may be, by appropriate reference made thereto,
incorporated in such will or other written instrument, with the same effect
as though such language were set forth verbatim in the instrument.
Incorporation of one or more of the powers contained in NRS 163.265 to
163.410, inclusive, by reference to the proper section shall be in addition
to and not in limitation of the common law or statutory powers of the
fiduciary.
2. A fiduciary shall not exercise any power or authority conferred as
provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in
the aggregate, to deprive the trust or the estate involved of an otherwise
available tax exemption, deduction or credit, expressly including the
marital deduction, or operate to impose a tax upon a donor or testator or
other person as owner of any portion of the trust or estate involved. “Tax”
includes, but is not limited to, any federal income, gift, estate or inheritance
tax.
3. This section does not prevent the incorporation of the powers
enumerated in NRS 163.265 to 163.410, inclusive, in any other kind of
instrument or agreement.
4. As used in this section, “electronic will” has the meaning ascribed
to it in section 5 of this act.
Sec. 43. NRS 163.590 is hereby amended to read as follows:
163.590 1. [A] Whether or not the provisions relating to electronic
trusts apply, a trust may refer to a written statement or list , including,
without limitation, a written statement or list contained in an electronic
record, to dispose of items of tangible personal property not otherwise
specifically disposed of by the trust, other than money, evidences of
indebtedness, documents of title, securities and property used in a trade or
business.
2. To be admissible as evidence of the intended disposition, the
statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and
the beneficiaries.
(e) The handwritten signature or electronic signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
(d) A writing which has no significance apart from its affect upon the
dispositions made by the trust.
Sec. 44. Chapter 164 of NRS is hereby amended by adding thereto a
new section to read as follows:
When not otherwise inconsistent with the provisions of chapters 162 to
167, inclusive, of NRS, all of the provisions of chapters 132, 153 and 155
of NRS regulating the matters of estates:
1. Apply to proceedings relating to trusts, as appropriate; or
2. May be applied to supplement the provisions of chapters 162 to
167, inclusive, of NRS.
Sec. 45. NRS 164.010 is hereby amended to read as follows:
164.010 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 confirm the appointment
of the trustee and specify the manner in which the trustee must qualify.
Thereafter the court has jurisdiction of the trust as a proceeding in rem.
2. If the court grants the petition, it may consider at the same time any
petition for instructions filed with the petition for confirmation.
3. At any time, the trustee may petition the court for removal of the
trust from continuing jurisdiction of the court.
4. As used in this section, “written instrument” includes, without
limitation, an electronic trust as defined in section 38 of this act.
Sec. 46. NRS 164.025 is hereby amended to read as follows:
164.025 1. The trustee of a nontestamentary trust may after the death
of the settlor of the trust cause to be published a notice in the manner
specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy
of the notice to known or readily ascertainable creditors.
2. The notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and
qualified trustee of the ................ trust. ................, the settlor of that trust
died on ................. A creditor having a claim against the trust estate must
file his claim with the undersigned at the address given below within 90
days after the first publication of this notice.
Dated.......
Trustee
Address
3. A person having a claim, due or to become due, against a settlor or
the trust must file the claim with the trustee within 90 days after the
mailing, for those required to be mailed, or 90 days after publication of the
first notice to creditors. Any claim against the trust estate not filed within
that time is forever barred. After the expiration of the time, the trustee may
distribute the assets of the trust to its beneficiaries without personal
liability to any creditor who has failed to file a claim with the trustee.
4. If the trustee knows or has reason to believe that the settlor received
public assistance during his lifetime, the trustee shall, whether or not he
gives notice to other creditors, give notice within 30 days after the death to
the welfare division of the department of human resources in the manner
provided in NRS 155.010. If notice to the welfare division is required by
this subsection , but is not given, the trust estate and any assets transferred
to a beneficiary remain subject to the right of the welfare division to
recover public assistance received.
5. If a claim is rejected by the trustee, in whole or in part, the trustee
must, within 10 days of the rejection, notify the claimant of the rejection
by written notice forwarded by registered or certified mail to the mailing
address of the claimant. The claimant must bring suit in the proper
court against the trustee within 60 days after the notice is given, whether
the claim is due or not, or the claim is barred forever and the trustee
may distribute the assets of the trust to its beneficiaries without personal
liability to any creditor whose claim is barred forever.
Sec. 47. Chapter 166 of NRS is hereby amended by adding thereto a
new section to read as follows:
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, the term includes an electronic will as defined in section 5 of
this act and an electronic trust as defined in section 38 of this act.
Sec. 48. NRS 145.050 is hereby repealed.
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