Nevada Revised Statutes 164.010 – Petition for assumption of jurisdiction; circumstances in which jurisdiction is proper in this State; determination of venue; powers of court; petition for removal of trust from jurisdiction of court
1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court shall assume jurisdiction of the trust as a proceeding in rem unless another court has properly assumed continuing jurisdiction in rem in accordance with the laws of that jurisdiction and the district court determines that it is not appropriate for the district court to assume jurisdiction under the circumstances.
Terms Used In Nevada Revised Statutes 164.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
- Venue: The geographical location in which a case is tried.
2. For the purposes of this section, jurisdiction is proper in this State if:
(a) The trust instrument expressly provides that:
(1) The situs of the trust is in this State or a county located in this State; or
(2) A court in this State has jurisdiction over the trust;
(b) A person has designated for the trust that this State or a county located in this State is the situs or has jurisdiction, if such person made the designation at a time during which he or she held the power to make such a designation under the express terms of the trust instrument;
(c) The trust owns an interest in real property located in this State;
(d) The trust owns personal property, wherever situated, if the trustee is:
(1) Incorporated or authorized to do business in this State;
(2) A trust company licensed under chapter 669 of NRS;
(3) A family trust company, as defined in NRS 669A.080; or
(4) A national association having an office in this State;
(e) Any trustee resides or conducts business in this State; or
(f) At least part of the administration of the trust occurs in this State.
3. Notwithstanding the provisions of this section, if a court of a jurisdiction other than this State has jurisdiction over a trust and grants an order authorizing a transfer of jurisdiction over that trust to this State, the district court has the power to assume jurisdiction over the trust and to otherwise supervise the administration of that trust in accordance with the procedures set forth in this title.
4. For the purposes of determining venue within this State, preference is given in the following order:
(a) To the county in which venue was most recently declared by a person granted the power to make such a declaration under the terms of the trust instrument at the time of the filing of the petition;
(b) To the county in which venue is declared in the trust instrument;
(c) To the county in which the situs or domicile is declared by the trustee at the time of the filing of the petition in a certification of the trust which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410;
(d) To a county in which any trustee resides or conducts business at the time of the filing of the petition;
(e) To a county in which any real property interest owned by the trust is located; and
(f) To a county in which any beneficiary of the trust resides.
5. When the court assumes jurisdiction pursuant to this section, the court:
(a) Has jurisdiction of the trust as a proceeding in rem as of the date of the filing of the petition;
(b) Shall be deemed to have personal jurisdiction over any trustee confirmed by the court and any person appearing in the matter, unless such an appearance is made solely for the purpose of objecting to the jurisdiction of the court;
(c) May confirm at the same time the appointment of the trustee and specify the manner in which the trustee must qualify; and
(d) May consider at the same time granting orders on other matters relating to the trust, including, without limitation, matters that might be addressed in a declaratory judgment relating to the trust under subsection 2 of NRS 30.040 or petitions filed pursuant to NRS 153.031 or 164.015 whether such matters are raised in the petition to assume jurisdiction pursuant to this section or in one or more separate petitions that are filed concurrently with the petition to assume jurisdiction.
6. At any time, a trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
7. As used in this section, ‘written instrument’ includes, without limitation, an electronic trust as defined in NRS 163.0015.