1. Except as otherwise provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between the divorced persons before or after the marriage, divorce or annulment, the divorce or annulment of a marriage:
(a) Revokes any revocable:
(1) Disposition or appointment of property made by a divorced person to his or her former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced person’s former spouse;
(2) Provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced person’s former spouse or on a relative of the divorced person’s former spouse; and
(3) Nomination in a governing instrument that nominates a divorced person’s former spouse or a relative of the divorced person’s former spouse to serve in any fiduciary or representative capacity, including a personal representative capacity, including a personal representative, executor, trustee, conservator, agent or guardian; and
(b) Severs the interest of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship or as community property with a right of survivorship and transforms the interests of the former spouses into equal tenancies in common.
2. A severance under paragraph (b) of subsection 1 does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property which records are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
3. The provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.
4. Any provisions revoked solely by this section are revived by the divorced person’s remarriage to the former spouse or by a nullification of the divorce or annulment.
5. Unless a court in an action commenced pursuant to chapter 125 of NRS specifically orders otherwise, a restraining order entered pursuant to NRS 125.050 does not preclude a party to such an action from making or changing beneficiary designations that specify who will receive the party’s assets upon the party’s death.
6. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by the provisions of this section or for having taken any other action in good faith reliance on the validity of the governing instrument before the payor or other third party received written or actual notice of any event affecting a beneficiary designation. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written or actual notice of a claimed forfeiture or revocation under this section.
7. Written notice of the divorce, annulment or remarriage or written notice of a complaint or petition for divorce or annulment must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the divorce, annulment or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
8. A person who purchases property from a former spouse, relative of a former spouse or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. A former spouse, relative of a former spouse or other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to it under this section.
9. If this section or any part of this section is preempted by federal law with respect to a payment, an item of property or any other benefit covered by this section, a former spouse, relative of the former spouse or any other person who, not for value, received a payment, item of property or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property or benefit or is personally liable for the amount of the payment or the value of the item of property or benefit to the person who would have been entitled to it were this section or part of this section not preempted.
10. This section applies only to nonprobate transfers which become effective because of the death of a person on or after October 1, 2011, regardless of when the divorce or annulment occurred.
11. As used in this section:
(a) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.
(b) "Divorce or annulment" means any divorce or annulment or any dissolution or declaration of invalidity of a marriage. A decree of separation that does not terminate the status of a married couple is not a divorce for purposes of this section.
(c) "Divorced person" includes a person whose marriage has been annulled.
(d) "Governing instrument" means a governing instrument executed by a divorced person before the divorce or annulment of the person’s marriage to the person’s former spouse.
(e) "Relative of the divorced person’s former spouse" means a person who is related to the divorced person’s former spouse by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity.
(f) "Revocable," with respect to a disposition, appointment, provision or nomination, means one under which the divorced person, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the person’s former spouse or former spouse’s relative, whether or not the divorced person was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse’s relative and whether or not the divorced person then had the capacity to exercise the power.
(Added to NRS by 2011, 1426; A 2015, 3522; 2017, 779)
Structure Nevada Revised Statutes
Chapter 111 - Estates in Property; Conveyancing and Recording
NRS 111.015 - Power of court to compel specific performance not abridged.
NRS 111.020 - Instruments may be subscribed by lawful agents.
NRS 111.025 - Conveyances void against purchasers are void against their heirs or assigns.
NRS 111.040 - Validity of conveyances made before December 2, 1861.
NRS 111.055 - Nonresident aliens, persons and corporations may hold real property.
NRS 111.060 - Tenancy in common: Definition.
NRS 111.063 - Tenancy in common: Creation.
NRS 111.064 - Tenancy in common or estate in community property: Creation; right of survivorship.
NRS 111.065 - Joint tenancy in real and personal property: Creation.
NRS 111.070 - Fee simple: Words of inheritance not necessary.
NRS 111.075 - "Heir" or "issue" in remainders.
NRS 111.080 - Contingent future interest: Defeat on birth of posthumous child.
NRS 111.085 - Estates tail: Enjoyment by posthumous child.
NRS 111.090 - Grants of rents, reversions and remainders effective without attornments of tenants.
NRS 111.095 - When attornment of tenant void.
NRS 111.100 - Lineal and collateral warranties abolished.
NRS 111.101 - Abolishment of Rule in Shelley’s Case.
NRS 111.102 - Abolishment of doctrine of destructibility of contingent remainders.
NRS 111.103 - Short title; uniformity of application and construction.
NRS 111.1031 - Statutory rule against perpetuities.
NRS 111.1033 - When nonvested property interest or power of appointment created.
NRS 111.1037 - Exclusions from statutory rule against perpetuities.
NRS 111.1039 - Prospective application.
NRS 111.105 - Conveyances by deed.
NRS 111.115 - Proof of execution of conveyance.
NRS 111.120 - Conditions necessary before proof by subscribing witness can be taken.
NRS 111.125 - Proof required from subscribing witnesses.
NRS 111.130 - Contents of certificate of proof.
NRS 111.135 - When proof by evidence of handwriting may be taken.
NRS 111.140 - Statements of witnesses under oath before certificate granted.
NRS 111.145 - Witnesses to conveyance may be subpoenaed.
NRS 111.150 - Penalty for failure of witness to appear when subpoenaed.
NRS 111.155 - Conveyance acknowledged or proved may be read in evidence.
NRS 111.160 - After-acquired title passes to grantee.
NRS 111.165 - Adverse possession does not prevent sale and conveyance.
NRS 111.170 - Construction of words "grant, bargain and sell" in conveyances; suit upon covenants.
NRS 111.175 - Conveyances made to defraud prior or subsequent purchasers are void.
NRS 111.185 - Power of revocation at will.
NRS 111.190 - Revocation and reconveyance.
NRS 111.195 - Effect of conveyance made before power of revocation can be exercised.
NRS 111.200 - Limitations on terms of leases.
NRS 111.220 - Agreements not in writing: When void.
NRS 111.235 - Grants and assignments of existing trusts to be in writing or are void.
NRS 111.2375 - Form to make declaration of removal of discriminatory restriction.
NRS 111.238 - Prohibition on display of flag of the United States on property.
NRS 111.239 - Prohibition or restriction on use of system for obtaining solar energy on property.
NRS 111.240 - Acknowledgment of conveyances.
NRS 111.265 - Persons authorized to take acknowledgment or proof within State.
NRS 111.310 - Instruments entitled to recordation; patents need not be acknowledged.
NRS 111.312 - Requirements for recording certain documents relating to real property.
NRS 111.315 - Recording of conveyances and instruments: Notice to third persons.
NRS 111.340 - Certificate of acknowledgment and record may be rebutted.
NRS 111.355 - Recordation of only part of instrument under certain conditions.
NRS 111.3667 - "Document" defined.
NRS 111.367 - "Electronic" defined.
NRS 111.3673 - "Electronic document" defined.
NRS 111.3675 - "Electronic signature" defined.
NRS 111.3677 - "Person" defined.
NRS 111.368 - "State" defined.
NRS 111.3685 - Validity of electronic documents.
NRS 111.3687 - Recording of documents.
NRS 111.369 - Administration and standards.
NRS 111.3693 - Uniformity of application and construction.
NRS 111.3697 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 111.375 - Vesting of easement; effect of transfer of land.
NRS 111.380 - Termination, modification or extinguishment of easement.
NRS 111.390 - General purpose.
NRS 111.420 - Creation; recording; duration; effect on existing interest in real property.
NRS 111.430 - Actions affecting easements for conservation.
NRS 111.659 - "Beneficiary" defined.
NRS 111.661 - "Deed upon death" defined.
NRS 111.663 - "Designated beneficiary" defined.
NRS 111.665 - "Grantor" defined.
NRS 111.667 - "Person" defined.
NRS 111.669 - "Property" defined.
NRS 111.671 - Creation of deed upon death.
NRS 111.673 - Designation of beneficiary.
NRS 111.679 - Capacity to make or revoke.
NRS 111.681 - Execution and recordation.
NRS 111.683 - Effective without notice or consideration.
NRS 111.685 - Effect of deed upon death during owner’s lifetime.
NRS 111.687 - Disclaimer by beneficiary.
NRS 111.691 - Property transferred by deed upon death subject to prior lien.
NRS 111.693 - Limitations concerning Medicaid payments.
NRS 111.695 - Form of deed upon death.
NRS 111.697 - Form of revocation of deed upon death.
NRS 111.699 - Form of Death of Grantor Affidavit; required documents upon death of grantor.
NRS 111.701 - "Account" defined.
NRS 111.703 - "Agent" defined.
NRS 111.705 - "Beneficiary" defined.
NRS 111.707 - "Contract" defined.
NRS 111.709 - "Devisee" defined.
NRS 111.711 - "Financial institution" defined.
NRS 111.713 - "Governing instrument" defined.
NRS 111.715 - "Heirs" defined.
NRS 111.717 - "Held in beneficiary form" defined.
NRS 111.719 - "Multiple-party account" defined.
NRS 111.721 - "Nonprobate transfer" defined.
NRS 111.723 - "Party" defined.
NRS 111.725 - "Payment" defined.
NRS 111.727 - "Personal representative" defined.
NRS 111.729 - "POD designation" defined.
NRS 111.731 - "Receive" defined.
NRS 111.733 - "Register in beneficiary form" defined.
NRS 111.735 - "Request" defined.
NRS 111.737 - "State" defined.
NRS 111.739 - "Sums on deposit" defined.
NRS 111.741 - "Terms of the account" defined.
NRS 111.743 - "Transferring entity" defined.
NRS 111.745 - "Trust" defined.
NRS 111.747 - "Trustee" defined.
NRS 111.751 - Provision for nonprobate transfer in contract.
NRS 111.753 - Authority of agent to make nonprobate transfer of property after death of owner.
NRS 111.759 - Proper execution and delivery required for transfer of property upon death of owner.
NRS 111.773 - Disqualification of beneficiary.
NRS 111.775 - Authority of agent, guardian or other fiduciary to change beneficiary designation.
NRS 111.787 - Type and form of account; governing law for other types of accounts.
NRS 111.789 - Designation of agent; authority of agent; designation revocable.
NRS 111.791 - Beneficial ownership: Applicability.
NRS 111.797 - Alteration of type of account; right of survivorship not altered by will.
NRS 111.801 - Character of and rights in community property not altered; exception.
NRS 111.805 - Payment of sums on deposit: Multiple-party accounts.
NRS 111.807 - Payments of sums on deposit: Accounts with POD designation.
NRS 111.809 - Payment of sums on deposit: Payments to agents.
NRS 111.811 - Payments made to minors designated as beneficiaries.
NRS 111.815 - Rights of beneficiary; limitations; liability of beneficiaries.
NRS 111.830 - "Buyer" defined.
NRS 111.835 - "Payee" defined.
NRS 111.840 - "Private transfer fee" defined.
NRS 111.845 - "Private transfer fee obligation" defined.
NRS 111.850 - "Seller" defined.
NRS 111.855 - "Transfer" defined.
NRS 111.860 - Legislative findings and declaration.
NRS 111.865 - Private transfer fee obligations prohibited.
NRS 111.870 - Creation before May 20, 2011; recordation; amendment; failure to record.
NRS 111.875 - Enforcement of private transfer fee obligations created before May 20, 2011.