What Can Beneficiaries Demand From a Trustee in Nevada?

A Guide for Beneficiaries Who Are in the Dark About Their Rights

If you are a beneficiary of a Nevada trust, you maintain certain rights to the trust information and distributions owed to you. This article outlines what rights you may exercise as a beneficiary. However, before proceeding, it is crucial to note that the following sections regarding right to accounting and access to the trust instrument only applies to mandatory beneficiaries. A beneficiary whose distributions are left entirely to the trustee’s discretion has no right to demand an accounting from the trustee under NRS 165.1207(1)(b)(5). Discretionary beneficiaries also cannot demand the trust instrument absent a provision in the trust stating otherwise.

The Notice When a Trust Becomes Irrevocable

When a revocable trust becomes irrevocable, usually because the settlor(s) have died, the trustee may send beneficiaries a formal notice under NRS 164.021. This notice must identify the settlor and the date the trust was signed. It must include the trustee’s name, address, and phone number. It must include either the portions of the trust that affect the beneficiary or a complete copy of the trust instrument. It must also include a bolded warning that the recipient has only 120 days to contest the trust’s validity. Sending this notice is optional for the trustee. Many trustees send it anyway, since it starts that 120-day clock running to contest the validity of the trust. A trustee’s choice not to provide notice just means the trustee has not triggered the deadline yet.

The Right to a Copy of the Trust Instrument

Beyond the death notice, a beneficiary who is entitled to receive an accounting can demand a copy of the trust instrument itself under NRS 165.147. The trustee generally must provide it, unless the trust document expressly says otherwise. If a trustee refuses, a beneficiary can ask the court to order the relevant portions affecting the beneficiary be produced.

The Right to Regular Accountings

Nevada law generally requires a trustee to account to current and remainder beneficiaries of irrevocable trusts under NRS 165.1207. A proper accounting must show the trust’s principal and income at the start and end of the accounting period, additions to the trust, investments made or sold, disbursements and their purpose, and a summary of gains, losses, and distributions under NRS 165.135. A beneficiary who has not received one can send a written demand under NRS 165.141. The trustee then has 14 days to accept or reject the demand, and 60 days to produce the accounting if accepted.

The Right to a List of Trust Assets

Separately, a beneficiary can request a list of the trust’s assets under NRS 165.030, as early as 60 days after the trustee’s appointment. The trustee has 15 days to respond.

What to Do If the Trustee Refuses

If a trustee rejects or ignores an accounting demand, the beneficiary may petition the court to review the rejection within 60 days under NRS 165.143. The court can order the trustee to produce the accounting, and in some cases order an independent review by an accountant or attorney. Beneficiaries also have a broader right under NRS 165.180 to ask a court to compel a trustee to provide information or allow inspection of trust records, even outside these specific procedures. A trustee who fails to account without good cause can be held personally liable for the beneficiary’s costs and attorney’s fees in enforcing these rights.

Mandatory vs. Default Notification Duties

Nevada trust law distinguishes between duties that can be waived and duties that can’t. Default duties apply automatically but yield to a waiver: NRS 163.004 lets a settlor restrict or eliminate a beneficiary’s right to know about their own interest, and NRS 165.170 lets a beneficiary waive the right to an accounting. Mandatory duties survive regardless of what the trust says or what anyone agrees to. In Nevada, that floor is the beneficiary’s right to petition a court to compel disclosure when something looks wrong.

Silence Is a Warning Sign, Don’t Wait

A trustee’s unwillingness to answer basic questions or provide accountings often indicates that something is wrong with how a trust is being administered. Nevada’s timelines for challenging these issues are short, so beneficiaries should not wait indefinitely before taking action.

This article is for general informational purposes only. It does not constitute legal advice, and it does not create an attorney-client relationship. Every trust is different, and a trust instrument may expand, restrict, or eliminate many of the default rights described here. Please consult a qualified Nevada trust and estate litigation attorney before taking any action.