Nev. Rev. Stat. § 132.010 Construction of title: Liberal construction.
This title must be liberally construed so that a speedy settlement of estates is accomplished at the least expense to the parties.
GENERAL PROVISIONS
Nev. Rev. Stat. 132
in effectNev. Rev. Stat. § 132.015 Construction of title: Title to be construed consistent with chapter 719 of NRS.
Except as otherwise specifically provided in this title, the provisions of this title must be construed in a manner consistent with the provisions of chapter 719 of NRS.
Nev. Rev. Stat. § 132.025 Definitions.
As used in this title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 132.030 Abatement defined.
Abatement means a proportional reduction of a pecuniary devise when the money or other assets out of which the devise is payable are not sufficient to pay the devise in full.
Nev. Rev. Stat. § 132.035 Acknowledgment defined.
Acknowledgment means a declaration that an instrument has been executed for the purposes stated therein and, if the instrument was executed in a representative capacity, that the instrument was signed with proper authority and executed as the act of the person represented and identified therein.
Nev. Rev. Stat. § 132.040 Administrator defined.
Administrator means a person not designated in a will who is appointed by the court to administer an estate.
Nev. Rev. Stat. § 132.045 Agent defined.
Agent means a person authorized to represent or act for another person, including an attorney-in-fact under a durable or nondurable power of attorney and a person authorized to make decisions concerning the health care of another person.
Nev. Rev. Stat. § 132.050 Beneficiary defined.
Beneficiary, as it relates to:
1. A trust, includes a person who has a present or future interest, vested or contingent, and the owner of an interest by assignment or other transfer;
2. A charitable trust, includes any person entitled to enforce the trust;
3. An instrument designating a beneficiary, includes a beneficiary of any nonprobate transfer; and
4. A beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under a designation, a donee, an appointee or a taker in default under a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary or representative capacity is exercised,
Ê but does not include a person who receives less than $100 under a will.
Nev. Rev. Stat. § 132.053 Certified paper original defined.
Certified paper original means a tangible document that contains the text of an electronic will and, if applicable, a self-proving affidavit concerning the electronic will.
Nev. Rev. Stat. § 132.055 Child defined.
Child includes a person entitled to take as a child by intestate succession from the parent whose relationship is involved and excludes a person who is a stepchild, a foster child, a grandchild or any more remote descendant.
Nev. Rev. Stat. § 132.060 Citation defined.
Citation means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself or herself in a specified way, or notifying a person of a hearing.
Nev. Rev. Stat. § 132.065 Claim defined.
Claim, in respect to the estate of a decedent, includes a liability of the decedent, whether arising in contract, in tort or otherwise, that arises before the death of the decedent.
Nev. Rev. Stat. § 132.070 Codicil defined.
Codicil means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.
Nev. Rev. Stat. § 132.075 Community property defined.
Community property has the meaning ascribed to it in NRS 123.220.
Nev. Rev. Stat. § 132.080 Community property with right of survivorship defined.
Community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Nev. Rev. Stat. § 132.085 Descendant defined.
Descendant includes descendants of all generations. For the purposes of this section, the relationship of parent and child at each generation is determined by the definitions of child and parent contained in this title.
Nev. Rev. Stat. § 132.090 Designation of beneficiary defined.
Designation of beneficiary means a governing instrument naming a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death, or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer.
Nev. Rev. Stat. § 132.095 Devise defined.
Devise, used as a noun, means a testamentary disposition of real or personal property and, used as a verb, means to dispose of real or personal property by will.
Nev. Rev. Stat. § 132.100 Devisee defined.
Devisee means a person designated in a will to receive a devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the term means the trust or trustee, and not a beneficiary of the trust.
Nev. Rev. Stat. § 132.115 Distributee defined.
Distributee means a person who has received, or has the right to receive, property of a decedent from the decedents personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. As used in this section, testamentary trustee includes a trustee to whom assets are transferred by will to the extent of the devised assets.
Nev. Rev. Stat. § 132.116 District court and court defined.
District court or court means a district court of this State sitting in probate or otherwise adjudicating matters pursuant to this title.
Nev. Rev. Stat. § 132.117 Electronic record defined.
Electronic record has the meaning ascribed to it in NRS 719.090.
Nev. Rev. Stat. § 132.118 Electronic signature defined.
Electronic signature has the meaning ascribed to it in NRS 719.100.
Nev. Rev. Stat. § 132.119 Electronic will defined.
Electronic will means a will that is created and maintained in an electronic record.
Nev. Rev. Stat. § 132.120 Estate defined.
Estate includes the property of the decedent or trust whose affairs are subject to this title as it is originally constituted and as it exists from time to time during administration.
Nev. Rev. Stat. § 132.125 Estate tax defined.
Estate tax means federal estate tax, including any interest and penalty thereon.
Nev. Rev. Stat. § 132.130 Executor defined.
Executor means a person nominated in a will and appointed by the court to execute the provisions of the will and administer the estate of the decedent.
Nev. Rev. Stat. § 132.135 Expenses of administration defined.
Expenses of administration means funeral expenses and expenses actually and properly incurred by a personal representative in the administration of an estate, including, without limitation, expenses incurred for the maintenance or preservation of the assets of an estate, plus the fees of the personal representative, any attorney retained by the personal representative and any other consultant engaged by him or her.
Nev. Rev. Stat. § 132.140 Family allowance defined.
Family allowance means the money allocated from the estate by the court pursuant to NRS 146.030.
Nev. Rev. Stat. § 132.145 Fiduciary defined.
1. Fiduciary includes, without limitation, a personal representative, guardian, trustee under any trust, whether express, implied, resulting or constructive, bailee, conservator, curator, receiver or trustee in bankruptcy or an attorney in fact, assignee for the benefit of creditors or agent. The term does not include:
(a) A trust protector or trust adviser, except under the terms and conditions expressly provided in the written instrument appointing the trust protector or trust adviser; or
(b) A holder of a power of appointment under the terms of a trust.
2. As used in this section:
(a) Trust adviser has the meaning ascribed to it in NRS 163.5545 .
(b) Trust protector has the meaning ascribed to it in NRS 163.5547 .
Nev. Rev. Stat. § 132.147 Foreign jurisdiction defined.
Foreign jurisdiction means any jurisdiction other than this State.
Nev. Rev. Stat. § 132.150 Gift defined.
Gift means a gratuitous transfer of property to a recipient for less than full market value.
Nev. Rev. Stat. § 132.155 Governing instrument defined.
Governing instrument means:
1. A deed, will, trust, insurance policy or annuity, designated as payable on death;
2. A security registered as transferable on death;
3. A pension, profit-sharing, retirement or similar benefit plan;
4. An instrument creating or exercising a power of appointment or a power of attorney; or
5. A dispositive, appointive or nominative instrument of any similar type.
Nev. Rev. Stat. § 132.160 Guardian defined.
Guardian means a person who has qualified as the guardian of a minor or incapacitated person pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.
Nev. Rev. Stat. § 132.165 Heirs defined.
Heirs means persons, including the surviving spouse and the state, who are entitled by intestate succession to the property of a decedent.
Nev. Rev. Stat. § 132.170 Holographic will defined.
Holographic will means a testamentary document that complies with the requirements of NRS 133.090.
Nev. Rev. Stat. § 132.175 Incapacitated person defined.
Incapacitated person means a person who is impaired by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause except minority, to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
Nev. Rev. Stat. § 132.180 Interest defined.
Interest means:
1. The whole of any property, real or personal, legal or equitable, present or future, or any part thereof, or any other estate therein;
2. A power to appoint, consume, apply or expend property; or
3. Any other right, power, privilege or immunity relating to property.
Nev. Rev. Stat. § 132.185 Interested person defined.
Interested person means a person whose right or interest under an estate or trust may be materially affected by a decision of a fiduciary or a decision of the court. The fiduciary or court shall determine who is an interested person according to the particular purposes of, and matter involved in, a proceeding.
Nev. Rev. Stat. § 132.190 Intestate defined.
Intestate, used as a noun, means a decedent who dies without leaving a will.
Nev. Rev. Stat. § 132.195 Intestate estate defined.
Intestate estate includes an estate where no will has been offered or admitted to probate as the last will and testament and an estate where the will does not distribute the entire estate.
Nev. Rev. Stat. § 132.200 Inventory defined.
Inventory means the description of assets required by NRS 144.040.
Nev. Rev. Stat. § 132.205 Issue defined.
Issue means children, grandchildren or more remote lineal descendants.
Nev. Rev. Stat. § 132.210 Joint tenants with right of survivorship defined.
Joint tenants with right of survivorship includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others.
Nev. Rev. Stat. § 132.215 Lease defined.
Lease includes an oil, gas or other mineral lease.
Nev. Rev. Stat. § 132.220 Letters defined.
Letters includes letters testamentary, letters of administration, letters of administration with will annexed and letters of special administration.
Nev. Rev. Stat. § 132.225 Lien defined.
Lien means a charge upon property for the satisfaction of a debt, including an obligation not satisfied, a judgment, unpaid taxes and an unpaid obligation for materials or labor.
Nev. Rev. Stat. § 132.230 Minor defined.
Minor means a person who is under 18 years of age.
Nev. Rev. Stat. § 132.235 Mortgage defined.
Mortgage means a conveyance, agreement or arrangement in which property is encumbered or used as security.
Nev. Rev. Stat. § 132.237 Nonprobate transfer defined.
Nonprobate transfer has the meaning ascribed to it in NRS 111.721.
Nev. Rev. Stat. § 132.240 Notice defined.
Notice means information provided pursuant to NRS 155.010 or 155.020 or any other statute requiring advance information of an opportunity, obligation or the occurrence of an event.
Nev. Rev. Stat. § 132.245 Oath defined.
Oath means a form of attestation which affirms that the taker will faithfully perform the duties of a specified office.
Nev. Rev. Stat. § 132.250 Order defined.
Order includes a declaration, decree or judgment by a court and is a final judgment for all purposes, including an appeal under NRS 155.190.
Nev. Rev. Stat. § 132.255 Parent defined.
Parent includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent, foster parent or grandparent.
Nev. Rev. Stat. § 132.260 Person defined.
Person includes a natural person, organization, government or a governmental subdivision, agency or instrumentality.
Nev. Rev. Stat. § 132.265 Personal representative defined.
Personal representative includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.
Nev. Rev. Stat. § 132.270 Petition defined.
Petition means a verified written request to the court for an order.
Nev. Rev. Stat. § 132.275 Probate defined.
Probate, used as a noun, means a legal proceeding in which the court has jurisdiction to administer, pay out and distribute the assets of a decedent to the persons entitled to them, including devisees, heirs, creditors and others.
Nev. Rev. Stat. § 132.280 Probate homestead defined.
Probate homestead means a homestead that can be set apart by the court pursuant to NRS 146.020.
Nev. Rev. Stat. § 132.285 Property defined.
Property means anything that may be the subject of ownership, and includes both real and personal property and any interest therein.
Nev. Rev. Stat. § 132.286 Qualified custodian defined.
Qualified custodian means a person who meets the requirements of NRS 133.320.
Nev. Rev. Stat. § 132.287 Record defined.
Record means information that is inscribed on a tangible medium, or that is stored in an electronic medium and is retrievable in perceivable form.
Nev. Rev. Stat. § 132.290 Right of representation defined.
Right of representation means the method of distributing property by which, through inheritance or succession, the descendants of a deceased heir take the same share or right in the estate of another person that their parent or other ancestor would have taken if living. A posthumous child is deemed living at the death of his or her parent.
Nev. Rev. Stat. § 132.295 Security defined.
Security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.
Nev. Rev. Stat. § 132.300 Separate property defined.
Separate property has the meaning ascribed to it in NRS 123.130.
Nev. Rev. Stat. § 132.305 Settlement defined.
Settlement, in reference to the estate of a decedent, includes administration, distribution and closing.
Nev. Rev. Stat. § 132.310 Settlor defined.
Settlor means the person who creates a trust, however described in the trust instrument.
Nev. Rev. Stat. § 132.315 Special administrator defined.
Special administrator means a personal representative appointed pursuant to chapter 140 of NRS.
Nev. Rev. Stat. § 132.317 Spouse defined.
Spouse includes a domestic partner as set forth in NRS 122A.200.
Nev. Rev. Stat. § 132.320 State defined.
State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Nev. Rev. Stat. § 132.325 Successor personal representative defined.
Successor personal representative means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.
Nev. Rev. Stat. § 132.330 Successors defined.
Successors means persons, other than creditors, who are entitled to property of a decedent under the terms of the decedents will or pursuant to this title.
Nev. Rev. Stat. § 132.335 Tax defined.
Tax includes an income, property, excise, estate, gift or inheritance tax.
Nev. Rev. Stat. § 132.337 Testamentary trust defined.
Testamentary trust means a trust created by the terms of the will of a person.
Nev. Rev. Stat. § 132.340 Testate estate defined.
Testate estate means an estate with respect to which a will has been offered and admitted to probate.
Nev. Rev. Stat. § 132.345 Testator defined.
Testator means a person who makes a will.
Nev. Rev. Stat. § 132.350 Trust defined.
Trust means an interest in property held by one person for the benefit of another, established by an instrument executed during the life of the settlor or by the settlors will. The term includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust.
Nev. Rev. Stat. § 132.355 Trustee defined.
Trustee includes an original, additional or successor trustee, whether or not appointed or confirmed by a court.
Nev. Rev. Stat. § 132.360 Verification defined.
Verification means a declaration that a statement is true, made under oath or affirmation under penalty of perjury for false statement.
Nev. Rev. Stat. § 132.370 Will defined.
Will means a formal document that provides for the distribution of the property of a decedent upon the death of the decedent. The term includes a codicil and a testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Nev. Rev. Stat. § 132.375 Term: In the presence.
1. For the purposes of this title, being in the presence of a testator, settlor, principal or witness includes, without limitation, being in the same location at the same time or appearing in the same location at the same time by means of audio-video communication.
2. As used in this section, audio-video communication has the meaning ascribed to it in paragraph (b) of subsection 3 of NRS 133.088 .
Nev. Rev. Stat. § 132.380 Terms: Writing or written.
As used in this title, unless the context otherwise requires, when the term writing or written is used in reference to a will, the term includes an electronic will.
Nev. Rev. Stat. § 132.390 Circumstances in which person is interested person.
1. For the purposes of this title, a person is an interested person with respect to:
(a) A judicial proceeding, a notice of a proposed action or a nonjudicial settlement, if the person has or claims to have an enforceable right or interest that may be materially affected by the outcome of that proceeding, proposed action or nonjudicial settlement. While living, a settlor or a testator shall be deemed to have an enforceable right with respect to any trust or will that he or she created. For the purposes of this paragraph, a person may not claim to have a right or interest under an estate or trust after the entry of an order of the court declaring the right or interest invalid.
(b) An estate of a decedent, if the person:
(1) Is an heir, devisee, child, spouse, creditor, settlor or beneficiary;
(2) Has a property right in or claim against the estate of a decedent, including, without limitation, the Director of the Nevada Health Authority in any case in which money is owed to the Authority as a result of the payment of benefits for Medicaid;
(3) Has priority for appointment as a personal representative; or
(4) Is any other fiduciary representing an interested person.
(c) A trust, if the person:
(1) Is a living settlor or, if a court has appointed a guardian of the estate of the settlor, the guardian of the estate appointed by the court;
(2) Is the trustee, including, without limitation, each acting cotrustee;
(3) Holds the presently exercisable right to remove or replace the trustee or a cotrustee;
(4) Asserts the right to serve as the trustee or as a cotrustee;
(5) Is a current beneficiary or a remainder beneficiary of that trust;
(6) Holds a presently exercisable power of appointment that permits the holder to designate or change the designation of a current beneficiary or a remainder beneficiary of that trust;
(7) Holds a presently exercisable power that permits the holder to designate, remove or otherwise change the designation of a person who, pursuant to this paragraph, would be an interested person;
(8) Is a creditor of the settlor who has a claim which has been accepted by the trustee or who has asserted the trustees liability therefor in a probate proceeding or in a civil action under subsection 8 or 9 of NRS 111.779 ; or
(9) Is a creditor of the trust who has given the trustee written notice of its claim.
(d) A revocable trust that is the subject of a petition under NRS 164.015 relating to the validity of the trust or any trust-related document, if the person, after the death of the settlor, under the terms of any version of the trust documents in dispute, would be:
(1) A current beneficiary or a remainder beneficiary of that trust; or
(2) A trustee or a successor trustee, including, without limitation, a cotrustee.
(e) A will that, while the testator is still living, is the subject of a petition under subsection 2 of NRS 30.040 , if the person, after the death of the testator, would be:
(1) A beneficiary of that will; or
(2) A fiduciary designated in or pursuant to the terms of that will.
2. For the purposes of this title, the following persons are not interested persons:
(a) With respect to a motion, petition or proceeding, any person holding or claiming an interest or right that is not affected by the motion, petition or proceeding.
(b) The Director of the Nevada Health Authority after any money owed to the Authority has been paid in full or with respect to the estate or trust of a decedent who did not receive any benefits from Medicaid.
(c) A vexatious litigant with regard to a motion, petition or proceeding for which the vexatious litigant has been denied standing pursuant to NRS 155.165 .
(d) As to the estate of a decedent:
(1) After a will has been admitted to probate, an heir, child or spouse who is not a beneficiary of the will, except for the purposes of NRS 133.110 , 133.160 and 137.080 .
(2) A creditor whose claim has not been accepted by the personal representative, if the enforcement of the claim of the creditor is barred under the provisions of chapter 11 or 147 of NRS or any other applicable statute of limitations.
(e) As to a trust:
(1) The guardian of the person of an interested person, unless the guardian is expressly permitted to act for the interested person under the terms of the trust instrument;
(2) A beneficiary or creditor whose right or claim is barred by any applicable statute of limitations, including, without limitation, the statute of limitations found in chapter 11 of NRS or NRS 164.021 , 164.025 or 166.170 ;
(3) Any beneficiary of a revocable trust, except as expressly provided in paragraph (d) of subsection 1; or
(4) Any disclaimant as to a disclaimed interest, except with respect to the enforcement of the disclaimer.
3. As used in this section:
(a) Current beneficiary has the meaning ascribed to it in NRS 165.020 .
(b) Remainder beneficiary has the meaning ascribed to it in NRS 165.020 .
Nev. Rev. Stat. § 132.1165 Domestic partners defined.
Domestic partners has the meaning ascribed to it in NRS 122A.030.
Nev. Rev. Stat. § 132.1168 Electronic notary public defined.
Electronic notary public has the meaning ascribed to it in NRS 240.186.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-132.htmlFetched: 6/28/2026