Nevada Trust Court Petitions and Disputes

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 8 of 10: Court Petitions

A court case about the internal affairs of a nontestamentary trust does not lead to ongoing court supervision unless the court orders otherwise. The trust is then administered according to its terms without court involvement, unless an interested person invokes the court’s jurisdiction or other law provides for it (NRS 164.015(7)).

When trustees, beneficiaries, or settlors (the people who create trusts) need a question answered or a problem fixed, Nevada law lets them ask the district court for help. This page explains when a Nevada court can take charge of a trust, what petitions can be filed, how notice and appeals work, and the options for removing a trustee, contesting a trust, and settling disputes.

When a Nevada Court Takes Jurisdiction Over a Trust

A trustee of an express trust created by a written instrument other than a will, or a settlor or beneficiary of the trust, may petition the district court. The court must then assume jurisdiction of the trust as a proceeding “in rem” (a case about the trust property itself). The exception is when another court has properly assumed continuing jurisdiction and the Nevada court decides it is not appropriate to step in (NRS 164.010(1)).

Jurisdiction is proper in Nevada if, for example, the trust instrument names Nevada as the trust’s situs (legal home) or gives a Nevada court jurisdiction, the trust owns Nevada real property, any trustee resides or conducts business in Nevada, or at least part of the trust’s administration happens in Nevada (NRS 164.010(2)). The statute also sets a priority order for choosing the county, starting with the county most recently declared by a person with that power under the trust instrument and ending with a county where a beneficiary resides (NRS 164.010(4)).

Once the court assumes jurisdiction, it may confirm the trustee’s appointment and consider other trust matters at the same time (NRS 164.010(5)(c)-(d)). A trustee may petition at any time to remove the trust from the court’s continuing jurisdiction (NRS 164.010(6)).

A testamentary trust is a trust created by a will (NRS 163.0018). The court does not keep jurisdiction over it after the estate distributes property to the trust (NRS 153.020(1)). Before the order for final distribution of the estate, however, the trustee or any beneficiary may petition the court to keep jurisdiction, and the court may do so upon good cause shown (NRS 153.020(2)).

What You Can Ask the Court to Decide

A trustee or beneficiary may petition the court about any aspect of the trust’s affairs (NRS 153.031(1)). The statute’s examples include:

• Deciding whether a trust exists, what the trust instrument means, or whether a provision is valid.
• Identifying beneficiaries and who receives property when a trust fully or partly ends, to the extent the trust does not say.
• Settling the trustee’s accounts and reviewing the trustee’s acts, including discretionary decisions.
• Instructing the trustee or granting the trustee powers.
• Compelling the trustee to report information or account to a beneficiary, subject to chapter 165 of NRS.
• Fixing, allowing, or reviewing the trustee’s compensation.
• Appointing or removing a trustee, or accepting a trustee’s resignation.
• Compelling redress of a breach of trust, or compelling compliance with the trust or other law.
• Approving or directing modification or termination of the trust, or combining or dividing trusts.

For a nontestamentary trust (one created and effective during the settlor’s lifetime, such as a living trust), the court has exclusive jurisdiction over petitions by an interested person about the trust’s internal affairs (NRS 163.0016; NRS 164.015(1)). These petitions may seek any relief available for a testamentary trust under NRS 153.031, or a ruling that property not formally titled in the trust’s name is trust property (NRS 164.015(1)).

This includes a revocable living trust while the settlor is alive, but only if the court determines the settlor cannot adequately protect his or her own interests, or the interested person shows the settlor is incompetent or susceptible to undue influence (NRS 164.015(1)).

Chapter 164 also provides for other petitions. A trustee whose appointment the court has confirmed may petition for instructions or for a construction of the trust instrument (NRS 164.030(1)). A trustee or interested person may also petition when the trustee holds property someone else claims, or when someone else holds property the trustee claims (NRS 164.033(1)). The court may not grant that petition if it decides the matter should be handled in a civil action (NRS 164.033(2)).

Petition Contents, Notice, and Hearing

A petition under NRS 153.031 must state its grounds, the relief requested, and the name and address of each interested person, including the Attorney General if it relates to a charitable trust (NRS 153.031(2)). The clerk sets the petition for hearing, and the petitioner gives notice as required by NRS 155.010 (NRS 153.031(2); NRS 164.037).

For petitions under chapter 164, an “interested person” means a settlor, trustee, beneficiary, or anyone else the court directs to receive notice (NRS 164.037). Under the general rule, notice is mailed or personally delivered at least 10 days before the hearing (NRS 155.010(1)(a)). The court may change or dispense with notice for good cause, and a person may waive notice in writing (NRS 155.010(3), (5)).

Unless represented by counsel, a minor, incapacitated person, unborn person, or person who cannot reasonably be found may be represented by someone with a substantially similar interest, if there is no material conflict of interest. The result binds the person represented (NRS 164.038(1)-(2)). The holder of a power of appointment may represent people who could receive property under that power (NRS 164.038(4)); see Powers of Appointment.

Confidential trust information, such as trust instruments, accountings, and settlors’ and beneficiaries’ names and addresses, may be redacted and filed under seal without a prior court order. Complete copies must be promptly given to the court privately and to everyone entitled to notice (NRS 164.041(1), (4)).

Court Orders, Appeals, and Key Deadlines

The court may enter any order or take any action necessary or proper to resolve a petition, including appointing a temporary trustee (NRS 164.040(2)). An order under NRS 164.015 is final and conclusive on the matters decided and binds the trust estate and all beneficiaries’ interests, vested or contingent, subject to appeal (NRS 164.015(6)).

Step	Timing	NRS
General notice of a petition hearing	At least 10 days before the hearing	155.010(1)(a)
Notice of a petition about disputed trust property	At least 30 days before the hearing	164.033(4)
Hearing on an ex parte order restraining a trustee	Within 10 days after the order, unless the parties agree otherwise or the court sets another date	163.117(2)
Appeal from an order on a nontestamentary trust petition	Within 30 days after notice of entry of the order	164.015(6)
Appeal from an order on a petition for instructions	Within 30 days from entry of the order	164.030(4)
Contest of a trust after the trustee serves notice under NRS 164.021	No more than 120 days after the notice is served, unless the person proves he or she did not receive actual notice	164.021(4)

Removing a Trustee and Other Remedies

A settlor, cotrustee, or beneficiary may ask the court to remove a trustee, and the court may also act on its own motion (NRS 163.115(1)). The court may remove a trustee if (NRS 163.115(2)):

• The trustee commits or threatens to commit a breach of trust;
• Lack of cooperation between cotrustees substantially impairs administration of the trust; or
• Because of unfitness, unwillingness, or persistent failure to administer the trust effectively, the court determines removal best serves the interests of the settlor or beneficiaries.

If a trustee commits or threatens a breach of trust, a beneficiary or cotrustee may also bring a proceeding to compel performance, stop the breach, compel the trustee to redress the breach by payment of money or otherwise, set aside the trustee’s acts, reduce or deny compensation, or trace and recover wrongfully disposed property, among other remedies (NRS 163.115(3)). If the court finds a removal proceeding was not brought in good faith and based on probable cause, it may order the person who brought it to pay all or part of the costs, including reasonable attorney’s fees (NRS 163.115(4)).

On a petition or ex parte application of a beneficiary or trustee, the court may enter an ex parte order restraining a trustee from specified acts if it appears the trustee may otherwise take action that would unreasonably jeopardize the petitioner, another beneficiary, or the trust (NRS 163.117(1)). The court may fine a person who obtains such an order without probable cause (NRS 163.117(4)).

When the court grants relief to a petitioner under NRS 153.031, it may also reduce the trustee’s compensation or order the trustee to pay reasonable costs, including attorney’s fees, if appropriate to redress or avoid an injustice. The trustee is not personally liable for those costs unless the court finds the trustee was negligent or breached fiduciary duties (NRS 153.031(3)). For a trustee’s ongoing obligations, see Trustee Duties and Powers.

Vacancies, Bond, and Compensation

If a trust has no serving trustee because the last trustee died, became incapacitated, or resigned, and the trust gives no usable way to appoint a successor, the current beneficiaries may unanimously appoint one without court approval. The successor may not be a person described in NRS 138.020 or a “related or subordinate person” as defined in the federal tax provision the statute cites (NRS 163.600(1)). For a testamentary trust, the court may fill a vacancy before final distribution if needed to carry out the trust, and a person named in the will to fill the vacancy has priority (NRS 153.100(1)).

The court may require a person appointed as trustee to give a bond, like the bond required of a personal representative, before acting as trustee. If a bond is required, the trustee is allowed its cost out of the trust estate (NRS 153.120).

For a nontestamentary trust, the trustee’s expenses and compensation are first governed by the trust’s terms. After that, subject to contrary trust terms, the court must allow proper expenses and just and reasonable compensation (NRS 164.043(1)). A similar rule applies to testamentary trusts (NRS 153.070). When there are several trustees, compensation is divided according to the services each provided (NRS 164.043(2)). Trustee reports are covered on Trustee Accountings.

Trust Contests and No-Contest Clauses

When an interested person contests the validity of a revocable nontestamentary trust, that person is the plaintiff and the trustee is the defendant (NRS 164.015(3)). Questions such as the settlor’s competency, freedom from undue influence or fraud, and proper signing are questions of fact tried by the court (NRS 164.015(4)). If a will signed on the same date is also contested, the court may consolidate the cases, and if a jury is demanded in the will contest, the court may ask the jury for an advisory opinion on those questions of fact in the trust contest (NRS 164.015(5)). Contest deadlines after a trustee’s notice are explained on Revocable Trusts.

A no-contest clause reduces or eliminates a beneficiary’s share if the beneficiary acts to frustrate the settlor’s intent (NRS 163.00195(8)(a)). A court must enforce the clause as written, to the greatest extent possible, regardless of probable cause or good faith, except in listed situations (NRS 163.00195(1)). Among other listed exceptions, the clause may not be enforced because a beneficiary (NRS 163.00195(4)):

• Acts to enforce the clear terms of the trust, to obtain court instructions, or to enforce the trustee’s fiduciary duties, among other listed actions;
• Engaged in conduct the court finds, by clear and convincing evidence, was a product of coercion or undue influence or was caused by a lack of sufficient mental capacity;
• Enters into an agreement to settle a dispute about the trust; or
• Brings an action to invalidate the trust that is instituted and maintained in good faith and based on probable cause.

Arbitration and Settlement Without Court

A trust or will provision requiring arbitration of disputes among beneficiaries, fiduciaries, or the settlor of a nontestamentary trust is enforceable, except for disputes over the validity of all or part of the will or trust (NRS 164.930(1)). Unless the document says otherwise, it is presumed to require binding arbitration (NRS 164.930(2)).

A nonjudicial settlement agreement signed by all indispensable parties is enforceable without court approval, except as otherwise provided by statute (NRS 164.940(1)). “Indispensable parties” are all interested persons whose consent would be needed for a binding settlement if a court approved it (NRS 164.942(5)). An agreement is void to the extent it violates a material purpose of the trust or includes terms a court could not properly approve (NRS 164.940(2)).

These agreements can cover matters such as interpreting trust terms, approving a trustee’s report or accounting, a trustee’s resignation or appointment, trustee compensation, and ending the trust (NRS 164.940(3)). Once all indispensable parties have agreed, the agreement is irrevocable (NRS 164.942(3)). Any indispensable party may ask the court to approve it (NRS 164.942(4)).

How I Can Help

I help trustees and beneficiaries decide whether a trust problem calls for a court petition, a nonjudicial settlement agreement, or another approach. I can prepare and respond to petitions for instructions, trustee removal, accountings, compensation review, and trust contests, and handle the notice requirements that come with them. 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.