Nev. Rev. Stat. » NRS: CHAPTER 111 - ESTATES IN PROPERTY; CONVEYANCING AND RECORDING
Nevada Revised Statutes

Nev. Rev. Stat. § 111.781 (2026)

Effect of divorce or annulment on nonprobate transfer of property; liability of payor for payment or transfer made in good faith; federal preemption

✓ current as of July 2026
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NRS 111.781  Effect of divorce or annulment on nonprobate transfer of property; liability of payor for payment or transfer made in good faith; federal preemption.

      1.  Except as otherwise provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between the divorced persons before or after the marriage, divorce or annulment, the divorce or annulment of a marriage:

      (a) Revokes any revocable:

             (1) Disposition or appointment of property made by a divorced person to his or her former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person’s former spouse;

             (2) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person’s former spouse or on a relative of the divorced person’s former spouse; and

             (3) Nomination in a governing instrument that nominates a divorced person’s former spouse or a relative of the divorced person’s former spouse to serve in any fiduciary or representative capacity, including a personal representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian; and

      (b) Severs the interest of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with a right of survivorship and transforms the interests of the former spouses into equal tenancies in common.

      2.  A severance under paragraph (b) of subsection 1 does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property which records are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.

      3.  The provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.

      4.  Any provisions revoked solely by this section are revived by the divorced person’s remarriage to the former spouse or by a nullification of the divorce or annulment.

      5.  Unless a court in an action commenced pursuant to chapter 125 of NRS specifically orders otherwise, a restraining order entered pursuant to NRS 125.050 does not preclude a party to such an action from making or changing beneficiary designations that specify who will receive the party’s assets upon the party’s death.

      6.  A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by the provisions of this section or for having taken any other action in good faith reliance on the validity of the governing instrument before the payor or other third party received written or actual notice of any event affecting a beneficiary designation. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written or actual notice of a claimed forfeiture or revocation under this section.

      7.  Written notice of the divorce, annulment or remarriage or written notice of a complaint or petition for divorce or annulment must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the divorce, annulment or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

      8.  A person who purchases property from a former spouse, relative of a former spouse or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. A former spouse, relative of a former spouse or other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to it under this section.

      9.  If this section or any part of this section is preempted by federal law with respect to a payment, an item of property or any other benefit covered by this section, a former spouse, relative of the former spouse or any other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who would have been entitled to it were this section or part of this section not preempted.

      10.  This section applies only to nonprobate transfers which become effective because of the death of a person on or after October 1, 2011, regardless of when the divorce or annulment occurred.

      11.  As used in this section:

      (a) “Disposition or appointment of property” includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.

      (b) “Divorce or annulment” means any divorce or annulment or any dissolution or declaration of invalidity of a marriage. A decree of separation that does not terminate the status of a married couple is not a divorce for purposes of this section.

      (c) “Divorced person” includes a person whose marriage has been annulled.

      (d) “Governing instrument” means a governing instrument executed by a divorced person before the divorce or annulment of the person’s marriage to the person’s former spouse.

      (e) “Relative of the divorced person’s former spouse” means a person who is related to the divorced person’s former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity.

      (f) “Revocable,” with respect to a disposition, appointment, provision or nomination, means one under which the divorced person, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the person’s former spouse or former spouse’s relative, whether or not the divorced person was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse’s relative and whether or not the divorced person then had the capacity to exercise the power.

      (Added to NRS by 2011, 1426; A 2015, 3522; 2017, 779)

Accounts in Financial Institutions

     

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2017–2024 · leading case: Sveen v. Melin, 138 S. Ct. 1815 (2018).
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Sveen v. Melin, 138 S. Ct. 1815 (2018). “§72–2–814 (2017); Nev. Rev. Stat. §111.781 (2015); N. J. Stat.”
Lopez v. Lopez, 541 P.3d 117 (Nev. 2023). · cites it 4× “COURT OF APPEALS OF NEVADA 8 U)) 947D NRS 111.781); see also NRS 163.565 (stating that unless otherwise provided, divorce "revokes every devise, beneficial interest or d.”
Primerica Life Ins. Co. v. Aguilar (D. Nev. 2021). · cites it 30× “”36 Because life-insurance proceeds qualify as a non-probate transfers under Nevada 16 law,37 multiple federal Nevada district courts have held that NRS § 111.”
In Re: Colman Fam. Revocable Living Tr., 2020 NV 13 (Nev. 2020). · cites it 20× “In this appeal, we are tasked with determining whether NRS 111.781, governing the effects of divorce on nonprobate transfers of property, automatically revoked Paul's interest in the property.”
Czerniewski v. Keppel (D. Nev. 2021). · cites it 19× “26 Further, NRS § 111.781 provides that divorce revokes any revocable “disposition or 27 appointment of property made by the divorced person to his or her former spouse” or her 28 nomination to serve as trustee of the other’s trust in a governing instrument.”
Genworth Life & Annuity Ins. Co. v. Ruckman (D. Nev. 2019). · cites it 8× “Ruckman asserted that she was the rightful beneficiary of the policy despite the 6 Nevada divorce revocation statute, NRS 111.781. Id. 7 On August 8, 2018, Genworth initiated the instant action in interpleader pursuant to 28 8 U.”
In Re: Colman Fam. Revocable Living Tr. (Nev. 2020). · cites it 7× “After Chari's death, and based on NRS 111.781, Collier filed a petition in district court seeking to confirm her status as beneficiary to the property.”
Stanford v. Browne C/W 70174 (Nev. 2017). · cites it 4× “Prior to the 2011 enactment of NRS 111.781, 1 this court held that only "explicit language in a divorce decree .”
Stanford v. Browne C/W 70174 (Nev. 2017). · cites it 4× “Prior to the 2011 enactment of NRS 111.781, 1 this court held that only "explicit language in a divorce decree .”
Lopez v. Lopez (Nev. 2023). · cites it 4× “Court of APPEALS OF NEVADA (0) 19878 aE NRS 111.781); see also NRS 163.565 (stating that unless otherwise provided, divorce “revokes every devise, beneficial interest or designation to serve as trustee given by the settlor to the former spouse of the settlor in a revocable inter…”
Lopez v. Lopez (Nev. 2023). · cites it 4× “COURT OF APPEALS OF NEVADA 8 U)) 947D NRS 111.781); see also NRS 163.565 (stating that unless otherwise provided, divorce "revokes every devise, beneficial interest or d.”
Stanford v. Lombardo (D. Nev. 2024). · cites it 2× ““Because Trudy waived her rights as a beneficiary of [the Plan] in 1990,” the 23 1 Supreme Court determined it need not reach her other arguments, including her Contract Clause 2 claim regarding NRS 111.781. Id. at n. 2. 3 Plaintiff filed a petition for writ of certiorari with…”
— Nev. Rev. Stat. § 111.781(1) — 3 cases
Lopez v. Lopez, 541 P.3d 117 (Nev. 2023). “COURT OF APPEALS OF NEVADA 8 U)) 947D NRS 111.781); see also NRS 163.565 (stating that unless otherwise provided, divorce "revokes every devise, beneficial interest or d.”
Lopez v. Lopez (Nev. 2023). “Court of APPEALS OF NEVADA (0) 19878 aE NRS 111.781); see also NRS 163.565 (stating that unless otherwise provided, divorce “revokes every devise, beneficial interest or designation to serve as trustee given by the settlor to the former spouse of the settlor in a revocable inter…”
Lopez v. Lopez (Nev. 2023). “COURT OF APPEALS OF NEVADA 8 U)) 947D NRS 111.781); see also NRS 163.565 (stating that unless otherwise provided, divorce "revokes every devise, beneficial interest or d.”
— Nev. Rev. Stat. § 111.781(1)(a)(1) — 5 cases
In Re: Colman Fam. Revocable Living Tr., 2020 NV 13 (Nev. 2020). “In this appeal, we are tasked with determining whether NRS 111.781, governing the effects of divorce on nonprobate transfers of property, automatically revoked Paul's interest in the property.”
In Re: Colman Fam. Revocable Living Tr. (Nev. 2020). “After Chari's death, and based on NRS 111.781, Collier filed a petition in district court seeking to confirm her status as beneficiary to the property.”
Stanford v. Browne C/W 70174 (Nev. 2017). “Prior to the 2011 enactment of NRS 111.781, 1 this court held that only "explicit language in a divorce decree .”
Stanford v. Browne C/W 70174 (Nev. 2017). “Prior to the 2011 enactment of NRS 111.781, 1 this court held that only "explicit language in a divorce decree .”
Primerica Life Ins. Co. v. Aguilar (D. Nev. 2021). “”36 Because life-insurance proceeds qualify as a non-probate transfers under Nevada 16 law,37 multiple federal Nevada district courts have held that NRS § 111.”
— Nev. Rev. Stat. § 111.781(10) — 1 case
Czerniewski v. Keppel (D. Nev. 2021). “26 Further, NRS § 111.781 provides that divorce revokes any revocable “disposition or 27 appointment of property made by the divorced person to his or her former spouse” or her 28 nomination to serve as trustee of the other’s trust in a governing instrument.”
— Nev. Rev. Stat. § 111.781(11)(d) — 1 case
Primerica Life Ins. Co. v. Aguilar (D. Nev. 2021). “”36 Because life-insurance proceeds qualify as a non-probate transfers under Nevada 16 law,37 multiple federal Nevada district courts have held that NRS § 111.”
— Nev. Rev. Stat. § 111.781(3) — 2 cases
In Re: Colman Fam. Revocable Living Tr., 2020 NV 13 (Nev. 2020). “In this appeal, we are tasked with determining whether NRS 111.781, governing the effects of divorce on nonprobate transfers of property, automatically revoked Paul's interest in the property.”
In Re: Colman Fam. Revocable Living Tr. (Nev. 2020). “After Chari's death, and based on NRS 111.781, Collier filed a petition in district court seeking to confirm her status as beneficiary to the property.”
— Nev. Rev. Stat. § 111.781(8) — 1 case
Czerniewski v. Keppel (D. Nev. 2021). “26 Further, NRS § 111.781 provides that divorce revokes any revocable “disposition or 27 appointment of property made by the divorced person to his or her former spouse” or her 28 nomination to serve as trustee of the other’s trust in a governing instrument.”
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