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NRS 163.008

Validity of trust created in relation to real property; recordation

Applied in 1 court decision — leading case Hardy v. United States (1996)

Most recently applied in Hardy v. United States (February 1996)

(Added to NRS by 1991, 1704; A 2001, 2350; 2017, 1688)

1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:

(a) A written instrument signed by the trustee, or by the agent of the trustee if the agent is authorized in writing to do so; or

(b) A written instrument, including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if the agent is authorized in writing to do so.

2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.

3. This section must not be construed to require a declaration by an owner of property pursuant to NRS 163.002 that specifically identified real property is held in trust to be in writing. As used in this subsection, “specifically identified real property” includes property that is identified by legal description, street address or the applicable assessor’s parcel number.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.