Nevada Revised Statutes

Nev. Rev. Stat. § 41B.310 (2026)

Governing instruments

✓ current as of July 2026
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NRS 41B.310  Governing instruments.

      1.  Except as otherwise provided in NRS 41B.320, a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of a governing instrument executed by the decedent or any other person, accrues or devolves to the killer based upon the death of the decedent.

      2.  In addition to any forfeiture required by subsection 1, if a governing instrument provides for the payment of certain benefits only upon the death of a decedent, a killer of the decedent forfeits any right or interest that the killer is entitled to assert against those benefits on the basis that community property was used, in whole or in part, to purchase the governing instrument or to pay one or more contributions or premiums that were related to the governing instrument.

      3.  If a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit pursuant to this section, the provisions of each governing instrument affected by the forfeiture must be treated as if the killer had predeceased the decedent.

      (Added to NRS by 1999, 1353)

     

Notes of Decisions
Cited in 4 cases, 2017–2017 · leading case: Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017).
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). · cites it 6× “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). · cites it 3× “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). · cites it 3× “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). · cites it 3× “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
— Nev. Rev. Stat. § 41B.310(3) — 4 cases
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
Pub. Employees' Ret. Sys. of Nevada Vs. Gitter c/w 69208/69961, 2017 NV 18 (Nev. 2017). “669, but is also treated as if he predeceased Kristine, under NRS 41B.310, for the purpose of determining that Gitter is entitled to survivor beneficiary benefits.”
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