Nevada Revocable Trusts: Notices, Contests and Certifications
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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 2 of 10: Revocable Trusts
A revocable trust is one the settlor (the person who created it) can revoke because the settlor expressly reserved that right in the trust instrument (NRS 163.004(2)). Nevada’s statutes use several related terms, including “revocable living trust” (NRS 164.015(1)) and “revocable inter vivos trust” (NRS 163.565). Several rules on this page apply to nontestamentary trusts, meaning trusts created and taking effect during the settlor’s lifetime (NRS 163.0016).
This page covers how revocability is decided, rules that apply while the settlor is alive, and the notices a trustee may give after the settlor dies, which start deadlines for contests and creditor claims. It also explains the certification of trust, which a trustee can present instead of a copy of the trust instrument (NRS 164.400(1)).
When Is a Trust Revocable?
In Nevada, a trust is irrevocable except to the extent that the settlor expressly reserves a right to revoke it in the trust instrument (NRS 163.004(2)). A power or right given to anyone other than the settlor, including 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. It may never be treated as revocable just because the settlor and the beneficiary are the same person (NRS 163.560).
If a trust names one or more successor beneficiaries after the settlor’s death, it is not invalidated, merged or terminated just because one settlor is the sole trustee and the sole beneficiary during his or her lifetime (NRS 163.007(1)). For the basic requirements of any trust, see Creating a Valid Trust in Nevada.
While the Settlor Is Living
Accounts
To the extent the trust instrument does not say otherwise, while a trust is revocable by the settlor, the trustee is not required to deliver an account to anyone other than the settlor (NRS 165.1207(1)(b)(1)). There are two exceptions. The trustee must deliver an account if a court-appointed guardian of the estate of the settlor, or another person with the right of revocation, demands one on the settlor’s behalf. The trustee must also deliver one if a court, on a petition under NRS 164.015, finds the settlor or other holder of the right of revocation is incompetent or susceptible to undue influence and orders an account (NRS 165.1207(1)(b)(1)). See Nevada Trustee Accountings.
Court Proceedings
The court has exclusive jurisdiction of proceedings started by an interested person about the internal affairs of a nontestamentary trust. For a revocable living trust while the settlor is still living, this applies if the court determines that the settlor cannot adequately protect his or her own interests, or if the interested person shows that the settlor is incompetent or susceptible to undue influence (NRS 164.015(1)).
Effect of Divorce
Divorce or annulment of a settlor’s marriage revokes every devise, beneficial interest or designation to serve as trustee that the settlor gave to the former spouse in a revocable inter vivos trust signed before the decree, unless a court-approved property or separation agreement, or the court in the divorce or annulment case, provides otherwise. The trust then takes effect as if the former spouse had died before the settlor (NRS 163.565).
A similar rule applies when a settlor’s descendant divorces, has a marriage annulled or ends a domestic partnership, revoking devises, beneficial interests and trustee designations the settlor gave to the descendant’s former spouse or partner in a revocable inter vivos trust signed before that event, subject to court orders, court-approved agreements and the trust’s own terms (NRS 163.567(1)). That person’s appointment as a trust protector, trust adviser or consultant is also revoked (NRS 163.567(2)).
After the Settlor Dies: Notice to Beneficiaries and Heirs
When a revocable trust becomes irrevocable because of the settlor’s death, or by the express terms of the trust, the trustee may provide notice to any beneficiary of the irrevocable trust, any heir of the settlor, or any other interested person (NRS 164.021(1)). The statute says “may,” so this notice is optional. When it is given, it starts a deadline to contest the trust, explained below (NRS 164.021(4)).
The notice must contain (NRS 164.021(2)):
- The identity of the settlor and the date the trust instrument was signed.
- The name, mailing address and telephone number of any trustee.
- The trust provisions that pertain to the beneficiary, a complete copy of the trust instrument, or notice that the heir or interested person is not a beneficiary. Here, “trust instrument” means the amendments, restatements and instruments the trustee has determined, after due diligence, were in effect at the settlor’s death.
- Any information the trust instrument expressly requires to be included in the notice.
- A separate paragraph, in 12-point boldface type or equivalent, stating: “You may not bring an action to contest the trust more than 120 days from the date this notice is provided to you.”
A trustee who gives this notice must provide it in accordance with NRS 155.010 (NRS 164.021(3)). A trustee is not liable for providing the trust information to a person the trustee has determined, after due diligence, to be a beneficiary, heir or interested person (NRS 164.021(5)).
Deadline to Contest the Trust
A person who receives this notice may not bring an action to contest the validity of the trust more than 120 days from the date the notice is served on him or her, unless the person proves that he or she did not receive actual notice (NRS 164.021(4)). A person who receives notice may agree in writing to a shorter period (NRS 164.021(4)).
A person may also waive the right to this notice by delivering a signed waiver to the trustee. The waiver is deemed irrevocable, and once it is delivered, the person is barred from bringing any action to contest the validity of the trust (NRS 164.021(6)). A trust may also contain a no-contest clause, which the court generally must enforce, subject to exceptions such as a good-faith contest based on probable cause (NRS 163.00195(1), (4)(e)); see Nevada Trust Court Petitions and Disputes.
How a Contest Is Handled
When an interested person contests the validity of a revocable nontestamentary trust, that person is the plaintiff and the trustee is the defendant. The written grounds for the contest are a pleading and must follow the rules for pleadings in a civil action (NRS 164.015(3)).
Questions such as the settlor’s competency to make the trust, freedom from duress, menace, fraud or undue influence, the signing and witnessing of the trust instrument, and any other question affecting validity are questions of fact tried by the court (NRS 164.015(4)). If a revocable nontestamentary trust and a will signed on the same date are both contested, the court may consolidate the cases (NRS 164.015(5)). For will contests, see Will Contests.
The court’s order is final and conclusive as to the matters decided and binding on the trust estate and the interests of all beneficiaries, vested or contingent, except that an appeal may be taken within 30 days after notice of entry of the order. In a contest brought under these provisions, the court must also award costs under chapter 18 of NRS (NRS 164.015(6)).
After the Settlor Dies: Notice to Creditors
Whether or not a petition has been filed asking the court to take jurisdiction of the trust, the trustee of a nontestamentary trust may, after the settlor’s death, publish a notice to creditors in the manner described in NRS 155.020(1)(b) and mail a copy to known or readily ascertainable creditors (NRS 164.025(1)). The notice must be in substantially the form set out in the statute, which has versions for claims against the settlor, against the trust, or against both, each stating that claims must be filed with the trustee within 90 days after the first publication (NRS 164.025(2)).
| Step | Timing | NRS |
|---|---|---|
| Creditor files claim with the trustee | Within 90 days after the mailing (for creditors required to be mailed notice) or 90 days after the first publication | 164.025(3) |
| Creditor who was not known or readily ascertainable at first publication, discovered by the trustee before the claim period ends | Trustee must immediately mail notice; creditor files within the original period or 30 days from that mailing, whichever is later | 164.025(4) |
| Notice to the Department of Human Services if the trustee knows or has reason to believe the settlor received public assistance (to the Nevada Health Authority if the settlor received Medicaid) | Within 30 days after the death | 164.025(5) |
| Trustee notifies claimant of rejection by registered or certified mail | Within 10 days after the rejection | 164.025(6) |
| Claimant sues the trustee on a rejected claim | Within 60 days after the notice of rejection is given | 164.025(6) |
A claim filed on time is presumed timely if its first page has the title “Claim Pursuant to NRS 164.025” in at least 12-point bold type, and it is mailed to the trustee at the address in the notice with a return receipt, or the creditor gets written confirmation of receipt signed by the trustee or the trustee’s lawyer. A claim that does not meet these requirements is rebuttably presumed to be untimely (NRS 164.025(3)).
A claim that is not timely filed is forever barred. After the claim period ends, the trustee may distribute the trust assets to the beneficiaries without personal liability for any claim not timely filed (NRS 164.025(3)). If a rejected claimant does not sue within 60 days, the claim is barred forever and the trustee may distribute without personal liability to that creditor (NRS 164.025(6)).
If notice to the Department of Human Services is required but not given, the trust estate and any assets transferred to a beneficiary remain subject to the Department’s right to recover public assistance received (NRS 164.025(5)). For how creditor claims work in a probate estate, see Creditor Claims. See also Making a Valid Will and Small Estates.
Certification of Trust
A trustee may present a certification of trust to any person instead of a copy of the trust instrument to establish the existence or terms of the trust. This does not apply to applications for benefits under chapter 422 or 422A of NRS. The trustee may present it voluntarily or at the request of the person the trustee is dealing with (NRS 164.400(1)). It must be an affidavit signed and acknowledged by all the currently acting trustees (NRS 164.400(2)).
A certification of trust may confirm or contain (NRS 164.410(1)):
- The existence of the trust and the date any trust instrument was signed;
- The identity of the settlor and each currently acting trustee;
- The trustee’s powers and any restrictions on dealing with trust assets;
- Whether the trust is revocable or irrevocable, and who holds any power to revoke it;
- If there is more than one trustee, whether all must act or fewer than all may act to exercise identified powers;
- The trust’s situs or domicile and the law that governs its validity, construction and administration;
- The form in which title to trust assets is to be taken; and
- A declaration that a former trustee’s incapacity (including a settlor who served as trustee) has been determined under NRS 163.605, and that the current trustee succeeded to the office under that section. See Nevada Trustee Duties and Powers.
The certification must state that the trust has not been revoked or amended in a way that makes any statement in it incorrect, and that the signatures are those of all currently acting trustees (NRS 164.410(2)). It does not need to include the trust’s dispositive provisions (who receives what), but the person receiving it may require copies of excerpts from the trust instrument that name the trustee or give the trustee power to act in the pending transaction (NRS 164.420).
Protection for People Who Rely on It
A person who relies on a certification of trust without knowing that its statements are incorrect is not liable to anyone for doing so, and may assume the facts in it are true without inquiry (NRS 164.430(1)). A transaction, and any lien it creates, between a trustee and a person relying on a certification is fully enforceable against the trust assets unless the person knows the trustee is acting outside the scope of the trust (NRS 164.430(2)).
A person’s failure to demand a certification of trust is not an improper act, and no inference about the person’s good faith may be drawn from it (NRS 164.440).
How I Can Help
I help settlors set up and update revocable trusts, and I help successor trustees handle the steps that follow a settlor’s death, including the notice to beneficiaries and heirs, the notice to creditors, claim decisions and certifications of trust. I also assist beneficiaries and heirs who want to understand their rights and deadlines under a trust. 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.