Creating a Valid Trust in Nevada

Part of my Nevada Trusts Guide.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes chapters 153, 162B and 163 through 166A (current through the 2025 legislative session)

In This GuideNevada TrustsTopic 1 of 10: Creating a Trust

Nevada law sets out the ways a trust may be created and the basic elements every trust needs. The settlor is the creator of a trust, a term that includes a trustor and a grantor (NRS 165.020(1)(h)). A trust is created only if the settlor properly shows an intention to create a trust, and there is trust property, except as otherwise provided for testamentary additions to trusts (NRS 163.003). There must also be a beneficiary (NRS 163.006).

This page explains those requirements, the special rules for real property, oral trusts and electronic trusts, and how a will can add property to a trust.

Ways to Create a Trust

Except as otherwise provided by a specific statute or any regulatory or contractual restrictions, a trust may be created by any of these methods (NRS 163.002(1)):

A declaration by the owner of property that he or she, or another person, holds the property as trustee (NRS 163.002(1)(a)).
A transfer of property by the owner during his or her lifetime to another person as trustee (NRS 163.002(1)(b)).
A testamentary transfer (a transfer by will) of property by the owner to another person as trustee (NRS 163.002(1)(c)).
An exercise of a power of appointment in trust (NRS 163.002(1)(d)). See Powers of Appointment in Nevada Trusts.
An enforceable promise to create a trust (NRS 163.002(1)(e)).

A trust that is created and takes effect during the settlor’s lifetime is a nontestamentary trust (NRS 163.0016). A trust created by the terms of a person’s will is a testamentary trust (NRS 163.0018).

More About Declarations of Trust

When an owner declares that property is held in trust, and unless the owner declares otherwise or transfers the property to a third party, the property stays trust property regardless of how formal title is held. This includes all income from the property and its reinvestment (NRS 163.002(1)(a)(1)).

If the declared property includes something that can receive additions, such as an account, contract, certificate, note, judgment, business interest or the contents of a safe deposit box, later additions and contributions are also trust property (NRS 163.002(1)(a)(2)). A declaration may, but does not have to, include a schedule or list of trust assets signed by the owner or incorporated by reference into a document the owner signed (NRS 163.002(2)).

An owner’s declaration that he or she (or another person) holds all of the declarant’s property in trust is enough to create a trust over all property that is reliably identified, through outside evidence, as belonging to the declarant at the time of his or her death (NRS 163.002(3)).

The Basic Requirements

Requirement	What the statute says	NRS
Intent	The settlor properly manifests an intention to create a trust	163.003(1)
Trust property	There is trust property, except as otherwise provided in NRS 163.230 (testamentary additions)	163.003(2)
Beneficiary	A trust is created only if there is a beneficiary	163.006
Consideration	Not required, but a promise to create a trust in the future is enforceable only if it meets the requirements for enforcement as a contract	163.005

What Counts as a Beneficiary

The beneficiary requirement is met if the trust instrument provides for any of the following (NRS 163.006):

A beneficiary or class of beneficiaries that can be identified with reasonable certainty, or that is described well enough to tell whether a person fits the description or is within the class.
A grant of power to the trustee or another person to select the beneficiary based on a standard or in that person’s discretion.
A charitable trust as defined in NRS 163.460.
A trust for the care of one or more animals under NRS 163.0075.
A public benefit trust as defined in NRS 163.551.
A noncharitable trust without an ascertainable beneficiary under NRS 163.5505.

The last four types are covered on the Charitable, Pet, Purpose and Custodial Trusts in Nevada page.

When the Settlor Is Also the Trustee and Beneficiary

If a trust provides for one or more successor beneficiaries after the settlor’s death, the trust is not invalidated, merged or terminated just because one settlor is the sole trustee and sole beneficiary during his or her lifetime (NRS 163.007(1)). The same is true where there are two or more settlors, one or more of them are trustees, and the beneficial interest is in one or more of the settlors during their lifetimes (NRS 163.007(2)).

When a Writing Is Required

Trusts Involving Real Property

A trust created in relation to real property is not valid unless it is created by operation of law or is shown by either (NRS 163.008(1)):

A written instrument signed by the trustee, or by the trustee’s agent if the agent is authorized in writing to do so; or
A written instrument, including an electronic trust, conveying the trust property and signed by the settlor, or by the settlor’s agent if the agent is authorized in writing to do so.

Such a trust may be recorded with the county recorder in the county where all or part of the real property is located (NRS 163.008(2)). This rule does not require an owner’s declaration under NRS 163.002 that specifically identified real property is held in trust to be in writing. “Specifically identified real property” includes property identified by legal description, street address or assessor’s parcel number (NRS 163.008(3)).

Oral Trusts of Personal Property

The existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. The settlor’s oral declaration, by itself, is not enough to establish that such a trust was created (NRS 163.009(1)).

Electronic Trusts

Nevada recognizes electronic trusts. An electronic trust is a trust instrument that (NRS 163.0095(1)):

Is created and kept in an electronic record in a way that makes any alteration detectable;
Contains the settlor’s electronic signature and the date and time of that signature;
Includes an authentication method attached to or logically associated with the trust instrument to identify the settlor, or is electronically notarized in accordance with applicable law;
Is subject to chapter 719 of NRS; and
Meets the requirements in chapter 163 for a valid trust.

Wherever the settlor is physically located, an electronic trust is deemed executed in Nevada, governed by Nevada law and subject to Nevada courts if it is kept by a custodian designated in the trust instrument at the custodian’s Nevada place of business or residence, or by the settlor or trustee at his or her Nevada place of business or residence (NRS 163.0095(2)). These rules do not apply to a testamentary trust (NRS 163.0095(4)). In chapter 163, “sign” and “execute” include an electronic signature when used for a will, trust or instrument conveying property (NRS 163.00187).

Revocable or Irrevocable

In Nevada, a trust is irrevocable except to the extent that the settlor expressly reserves a right to revoke it in the trust instrument. A power given to someone other than the settlor, such as a power to amend the trust, does not make the trust revocable (NRS 163.004(2)). If the settlor specifically declares in the trust instrument that the trust is irrevocable, it is irrevocable for all purposes, even if the settlor is also the beneficiary (NRS 163.560(1)). For more, see Nevada Revocable Trusts.

Setting the Terms of the Trust

Except as otherwise provided by law, the trust instrument may expand, restrict, eliminate or otherwise vary beneficiaries’ rights and interests in any way that is not illegal or against public policy. Examples include a beneficiary’s right to be informed of his or her interest for a period of time, the grounds for removing a fiduciary, when a fiduciary must diversify investments, and a fiduciary’s powers, duties and standards of care (NRS 163.004(1)). This freedom does not authorize excusing or indemnifying a fiduciary for his or her own willful misconduct or gross negligence, and it does not prevent a court from removing a fiduciary for that conduct (NRS 163.004(3)).

Other tools the statutes give a settlor include:

Conditions. Except where it violates public policy, a settlor may make a devise conditional on a beneficiary’s action or inaction or on specified events, and may specify conditions that would disqualify a person from serving, or be cause for removing a person serving, as a trustee, trust protector or trust adviser (NRS 163.558).
A separate list of items. A trust may refer to a written statement or list to dispose of trust property not otherwise specifically disposed of by the trust (NRS 163.590(1)). To be admissible as evidence, it must contain its date, a title showing its purpose, a reference to the trust, a reasonably certain description of the items and beneficiaries, and the settlor’s handwritten or electronic signature (NRS 163.590(2)).
Built-in trustee powers. Unless the settlor expressly provides otherwise, the powers listed in NRS 163.265 to 163.410, as they exist when the first settlor signs the trust instrument, are incorporated into the trust as though written out in full (NRS 163.260(1)). These include powers to retain property, to sell property and to manage real property (NRS 163.265, 163.270, 163.300). See Nevada Trustee Duties and Powers.
No-contest clauses. Subject to listed exceptions, a no-contest clause in a trust must be enforced by the court, to the greatest extent possible, according to its express terms (NRS 163.00195(1)). See Nevada Revocable Trusts for more on trust contests.

Adding Property to a Trust by Will

Nevada has adopted the Uniform Testamentary Additions to Trusts Act (NRS 163.220). Under it, a devise (gift by will) whose validity is determined by Nevada law may be made to the trustee of a trust created by the person making the will, by that person and others, or by others, including a funded or unfunded life insurance trust (NRS 163.230(1)). The trust must be identified in the will, and its terms must be set out in a written instrument other than a will signed before or at the same time as the will, or in the valid last will of a person who died before the will-maker. This works regardless of the existence, size or character of the trust property (NRS 163.230(1)). This is the exception to the trust-property requirement described above (NRS 163.003(2)).

The gift is not invalid because the trust can be amended or revoked, or because the trust was amended after the will was signed or after the will-maker’s death (NRS 163.230(2)). Unless the will says otherwise, the added property becomes part of the receiving trust rather than a separate testamentary trust, and it is administered under the trust’s terms, including amendments made before the will-maker’s death. Amendments made after death are included if the will so provides, and changes made under the Charitable Trust Act of 1971 are included whenever made (NRS 163.230(3)).

If the trust is revoked or terminated before the will-maker dies, the gift lapses, meaning it fails (NRS 163.230(4)). For the rules on signing a valid will, see Making a Valid Will.

When Nevada Law Governs the Trust

Nevada law governs the validity and construction of a trust if the trust instrument says so, or if a person given the right to choose the governing law under the trust instrument designates Nevada (NRS 164.045(1)(a)-(b)). If the instrument does not choose a governing law and no designated person has chosen one, Nevada law governs if the settlor or the trustee was a Nevada resident when the trust was created or when it became irrevocable (NRS 164.045(1)(c)).

How I Can Help

I help Nevada clients create trusts that meet the statutory requirements, from the trust instrument itself to a will that adds property to the trust, a separate list of items and paperwork for real property. If you have questions about whether an existing trust was properly created, I can review the documents with you and explain how Nevada law applies. Request a consultation to discuss your situation.

This page provides general information about Nevada trust law, based on the Nevada Revised Statutes as of the 2025 legislative session, and is not legal advice. Other Nevada laws, court rules, tax law, and case law also affect trusts. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.