By Jeffrey P. Luszeck and Alan D. Freer
SB 404, proposed by the Probate and Trust Law Section, refines Nevada’s trust and estate laws to maintain its status as a leading jurisdiction in trusts and estates. The bill goes into effect on October 1, 2025, and clarifies existing laws, introduces new provisions, and streamlines the probate and trust administration process. Below is a summary of ten key provisions:
Appointment of Administrators: Section 1.2 amends NRS 139.040 by changing the order of priority for appointment of administrator and who may serve as administrator.
Independent Administration: Section 2 amends NRS 143.340 to limit independent administration to named personal representatives in a will, the surviving spouse, and family members of the decedent.
Affidavit of Entitlement: Section 10 amends NRS 146.080 by increasing the affidavit of entitlement limit for a surviving spouse from $100,000 to $150,000.
Set Aside Without Administration: Sections 8 and 9 amend NRS 146.020 and NRS 146.070 by increasing the monetary amount for an estate to be set aside without administration from $100,000 to $150,000.
Summary and General Administration: Sections 6 and 7 amend NRS 145.040 and 145.110 by increasing the threshold for summary administration from $300,000 to $500,000, and for general administration from $300,000.01 to $500,000.01.
Statute of Limitation for Breach of Fiduciary Duty: Section 12 amends NRS 11.190 by shortening the statute of limitations to two years for a breach of fiduciary claim not involving fraud or intentional misrepresentation. The cause of action is deemed to accrue when the aggrieved party discovered, or should have discovered through the use of reasonable diligence, the material facts that constitutes the cause of action, whichever occurs earlier.
Tax Reimbursements from Trusts: Nevada law currently provides that a trust instrument may grant a trustee the power to reimburse the settlor for tax payments. Section 20 amends NRS 163.557 by providing a reimbursement power in the statute itself, thereby making discretionary reimbursement a default power under any Nevada grantor trust that does not provide otherwise.
Documentation Required to be Produced to Beneficiaries: Section 21 amends NRS 164.021 by confirming what documentation a trustee must provide to beneficiaries of a trust, which would otherwise limit a beneficiary’s ability to contest the validity of a trust.
Governing Law for Trust Administration: Section 22 amends NRS 164.045 by specifying the circumstances under which Nevada law governs the administration of a trust.
Trust Accounting: Section 23 amends NRS 165.1214 by defining when an account is deemed approved and final by a reviewing trust adviser or trust protector, and clarifying the effect of an approved-and-final accounting by adding an express exculpation provision.
SB 404 also revises certain terms and makes technical corrections relating to the administration of trusts and estates. A copy of SB 404, as enrolled, can be found at: https://www.leg.state.nv.us/Session/83rd2025/Bills/SB/SB404_EN.pdf.
About the authors
Jeffrey P. Luszeck, Esq. and Alan D. Freer, Esq. are members of Solomon, Dwiggins, Freer & Steadman, Ltd., where they focus their practice primarily on trust and estate litigation. Mr. Luszeck serves as Co-Chair of the Probate and Trust Section’s Legislative Committee.
About the article
This article was originally published in the Communiqué (Sep. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-sep-2025/. The printed magazine will be mailed to CCBA members in the last week of August 2025.
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