Nevada Revised Statutes

Nev. Rev. Stat. § 164.021 (2026)

Notice by trustee to beneficiaries, heirs and other interested persons concerning change of revocable trust to irrevocable trust; contents of notice; limitation of action to contest validity of trust; exceptions; waiver of notice

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NRS 164.021  Notice by trustee to beneficiaries, heirs and other interested persons concerning change of revocable trust to irrevocable trust; contents of notice; limitation of action to contest validity of trust; exceptions; waiver of notice.

      1.  When a revocable trust becomes irrevocable because of the death of a settlor or by the express terms of the trust, the trustee may, after the trust becomes irrevocable, provide notice to any beneficiary of the irrevocable trust, any heir of the settlor or to any other interested person.

      2.  The notice provided by the trustee must contain:

      (a) The identity of the settlor of the trust and the date of execution of the trust instrument.

      (b) The name, mailing address and telephone number of any trustee of the trust.

      (c) The dispositive provisions of the trust instrument which pertain to the beneficiary, a complete copy of the trust instrument or notice that the heir or interested person is not a beneficiary under the trust. As used in this paragraph, “trust instrument” means only those amendments, restatements and instruments the trustee has determined to be in effect at the time of the death of the settlor after the trustee has exercised due diligence.

      (d) Any information required to be included in the notice expressly provided by the trust instrument.

      (e) A statement set forth in a separate paragraph, in 12-point boldface type or an equivalent type which states: “You may not bring an action to contest the trust more than 120 days from the date this notice is provided to you.”

      3.  The trustee shall cause notice pursuant to this section to be provided in accordance with the provisions of NRS 155.010.

      4.  Except as otherwise provided in this subsection, no person upon whom notice is provided pursuant to this section may bring an action to contest the validity of the trust more than 120 days from the date the notice is served upon the person, unless the person proves that he or she did not receive actual notice. A person upon whom notice is provided pursuant to this section may provide consent in writing to a period of less than 120 days in which the person may bring an action to contest the validity of the trust.

      5.  A trustee is not liable in providing information pursuant to paragraph (c) of subsection 2 to any person whom the trustee has determined, after the exercise of due diligence, to be a beneficiary, heir or interested person.

      6.  A person may waive the right to notice contemplated by this section by delivering to the trustee a waiver signed by the person, which shall be deemed irrevocable. Upon delivery of such a waiver to the trustee, the person who waived the right to notice is precluded from bringing any action to contest the validity of the trust.

      (Added to NRS by 2009, 794; A 2011, 1469; 2021, 988; 2023, 1325; 2025, 2321)

     

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020).
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). · cites it 86× “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
Nev. Rev. Stat. § 164.021(1): 1 case
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
Nev. Rev. Stat. § 164.021(2): 1 case
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
Nev. Rev. Stat. § 164.021(2)(b): 1 case
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
Nev. Rev. Stat. § 164.021(2)(c): 1 case
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
Nev. Rev. Stat. § 164.021(2)(d): 1 case
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
Nev. Rev. Stat. § 164.021(4): 1 case
In Re: Est. of Horst Revocable Tr., 478 P.3d 861 (Nev. 2020). “: In this appeal, we consider what a trustee must include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period for challenging the validity of a trust.”
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