Circumstances under which laws of this State govern trusts; change of situs to this State; determination of liability of fiduciary acting or failing to act in good faith belief that laws of foreign jurisdiction govern.
Nev. Rev. Stat. § 164.045
in effect1. The laws of this State govern the validity and construction of a trust if:
(a) The trust instrument so provides;
(b) Designated by a person who, under the terms of the trust instrument, has the right to designate the laws that govern the validity and construction of the trust, at the time the designation is made; or
(c) The trust instrument does not provide for the law that governs the validity and construction of the trust, a person designated under the terms of the trust instrument to designate the law that governs the validity and construction of the trust, if any, has not made such a designation and the settlor or the trustee of the trust was a resident of this State at the time the trust was created or at the time the trust became irrevocable.
2. A person not domiciled in this State may have the right to designate the laws that govern the administration, validity and construction of a trust if properly designated under the trust instrument.
3. A trust, the situs of which is outside this State, that moves its situs to this State is valid whether or not the trust complies with the laws of this State at the time of its creation or after its creation.
4. The laws of this State govern the administration of a trust if:
(a) The trust instrument so provides; or
(b) Designated by a person who, under the terms of the trust instrument or applicable law, has the right to designate the laws that govern the administration of the trust, at the time the designation is made.
5. Notwithstanding a general choice of law provision in the governing instrument of a trust, such as a provision in the governing instrument to the effect that the laws of a jurisdiction other than this State govern the trust or the administration of the trust, the laws of this State govern the administration of the trust while the trust is administered in this State, as provided in subsection 7 or as otherwise provided, unless:
(a) The governing instrument expressly provides that the laws of another jurisdiction govern the administration of the trust and that the laws governing the administration of the trust must not change on account of a change in the place of administration of the trust; or
(b) Otherwise provided by a court order.
6. Notwithstanding the provisions of subsection 5, if a fiduciary takes or fails to take action, based on a good faith belief that the laws of a foreign jurisdiction govern the administration of a trust while the trust is administered in this State, the fiduciarys liability under the governing instrument for the action or inaction must be determined in accordance with the laws of the foreign jurisdiction.
7. For purposes of this section and without limiting any other way in which a trust may be considered to be administered in this State, a trust is considered to be administered in this State if all or part of the administration occurs in this State and if:
(a) The sole trustee is an individual residing in this State or a corporation or other entity having an office in this State for the conduct of trust business;
(b) The trust has more than one trustee, at least one of which is a corporation or other entity and that corporation or other entity has an office in this State for the conduct of trust business;
(c) The trust has more than one trustee, all of whom are persons and more than half of the trustees reside in this State;
(d) A trust created pursuant to chapter 166 of NRS meets the requirements set forth in NRS 166.015 ; or
(e) During any such period when the trust is revocable by the settlor who is a resident of this State and there is at least one trustee that is:
(1) A resident of this State; or
(2) A corporation or other entity having an office in this State for the conduct of trust business.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-164.htmlFetched: 10/4/2026