Nevada Revised Statutes
Chapter 163 - Trusts
NRS 163.395 - Distribution in cash or kind.


1. A fiduciary may:
(a) Make distribution of capital assets of the estate or trust in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests, as the fiduciary finds to be most practicable and for the best interests of the distributees; and
(b) Determine the value of capital assets for the purpose of making distribution thereof if and when there is more than one distributee thereof, which determination shall be binding upon the distributees unless clearly capricious, erroneous and inequitable.
2. The fiduciary shall not exercise any power under this section unless the fiduciary holds title to or an interest in the property to be distributed and is required or authorized to make distribution thereof.
(Added to NRS by 1969, 454)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 163 - Trusts

NRS 163.001 - Definitions.

NRS 163.0011 - "Electronic record" defined.

NRS 163.0013 - "Electronic signature" defined.

NRS 163.0015 - "Electronic trust" defined.

NRS 163.0016 - "Nontestamentary trust" defined.

NRS 163.0017 - "Record" defined.

NRS 163.0018 - "Testamentary trust" defined.

NRS 163.00185 - "Trust instrument" defined.

NRS 163.00187 - Terms: "Execute" or "sign."

NRS 163.0019 - Terms: "Writing" or "written."

NRS 163.00195 - Enforcement of no-contest clauses; exceptions.

NRS 163.002 - Creation: Methods; certain property deemed trust property.

NRS 163.003 - Creation: Requirements.

NRS 163.004 - Creation: Terms; revocability; rules of construction.

NRS 163.005 - Creation: Consideration.

NRS 163.006 - Creation: Beneficiary.

NRS 163.007 - Validity of trust providing for one or more successor beneficiaries.

NRS 163.0075 - Validity of trust providing for care of one or more animals.

NRS 163.008 - Validity of trust created in relation to real property; recordation.

NRS 163.009 - Oral trust of personal property.

NRS 163.0095 - Electronic trust: Requirements; conversion into certified paper original; destruction of electronic record.

NRS 163.010 - Short title.

NRS 163.020 - Definitions.

NRS 163.023 - Powers of trustee.

NRS 163.025 - Combining or dividing certain trusts.

NRS 163.026 - Giving name to or changing name of certain trusts.

NRS 163.027 - Distribution of property or money of trust: Powers of trustee; manner; consent of affected beneficiaries required for distribution without proration under certain circumstances.

NRS 163.030 - Loan of money held in trust.

NRS 163.040 - Corporate trustee may deposit with self certain money held in trust.

NRS 163.050 - Trustee buying from or selling to self or affiliate.

NRS 163.060 - Trustee selling from one trust to self as trustee of another trust.

NRS 163.070 - Purchase by corporate trustee of its own stocks, bonds or other securities for trust prohibited unless specifically authorized.

NRS 163.080 - Voting stock.

NRS 163.090 - Holding stock in name of nominee.

NRS 163.100 - Powers of trustee attached to office.

NRS 163.110 - Powers of cotrustees: Exercisable by majority if more than two cotrustees; liability of dissenting cotrustee; unanimous action required if only two cotrustees; petition of interested person.

NRS 163.115 - Removal of trustee; maintenance of proceeding for breach of trust by trustee; permissible purposes for maintenance of proceeding; penalties for not filing petition in good faith; nonexclusivity of remedies; method of commencing proceedi...

NRS 163.117 - Ex parte order restraining trustee from taking certain actions.

NRS 163.120 - Claims based on certain contracts or obligations: Assertion against trust; entry of judgment; notice; intervention; personal liability of trustee; significance of use of certain terms.

NRS 163.130 - Exoneration or reimbursement of trustee for tort.

NRS 163.140 - Commission of tort by trustee or predecessor: Prerequisites to suit and collection from trust property; plaintiff not required to prove certain matters; entry of judgment; notice; intervention; personal liability of trustee; nonalterati...

NRS 163.145 - Using power to appoint or distribute income to discharge own legal obligation prohibited.

NRS 163.150 - Withdrawal from mingled money of multiple trusts.

NRS 163.160 - Power of settlor; liability of trustee for breach of trust.

NRS 163.170 - Power of beneficiary.

NRS 163.180 - Power of court.

NRS 163.185 - Power of court to order termination and distribution of trust before time provided in trust instrument.

NRS 163.187 - Termination of trust when value of trust property insufficient to justify cost of administration.

NRS 163.190 - Penalty for violation of certain provisions of chapter.

NRS 163.200 - Uniformity of interpretation.

NRS 163.220 - Short title.

NRS 163.230 - Testamentary addition to trust.

NRS 163.250 - Uniformity of interpretation.

NRS 163.260 - Incorporation by reference of powers enumerated in NRS 163.265 to 163.410, inclusive; restriction on exercise of such powers.

NRS 163.265 - Retention of property.

NRS 163.270 - Sale, exchange or other disposition of property.

NRS 163.275 - Investments; reinvestments; delegation of authority to invest.

NRS 163.280 - Investments without diversification.

NRS 163.285 - Continuation of business.

NRS 163.290 - Formation of corporation, limited-liability company or other entity.

NRS 163.295 - Continuation of farming operation.

NRS 163.300 - Management of real property.

NRS 163.305 - Payment of taxes and expenses.

NRS 163.310 - Receipt of additional property.

NRS 163.315 - Dealing with other fiduciaries.

NRS 163.320 - Borrowing money; renewing existing loans.

NRS 163.325 - Advancing money.

NRS 163.330 - Voting shares.

NRS 163.335 - Registration in name of nominee.

NRS 163.340 - Exercise of options, rights and privileges.

NRS 163.345 - Participation in reorganization.

NRS 163.350 - Reduction of interest rate.

NRS 163.355 - Continuation of obligation.

NRS 163.360 - Foreclosure; bidding in property.

NRS 163.365 - Insurance.

NRS 163.370 - Collections.

NRS 163.375 - Litigation, compromise or abandonment of claim.

NRS 163.380 - Employment and compensation of persons.

NRS 163.385 - Acquisition and holding of property of two or more trusts undivided.

NRS 163.390 - Establishment and maintenance of reserves.

NRS 163.395 - Distribution in cash or kind.

NRS 163.400 - Payment to or for minor or incapacitated person.

NRS 163.405 - Apportionment or allocation of receipts and expenses.

NRS 163.410 - Execution of contract or other instrument.

NRS 163.414 - Definitions.

NRS 163.4145 - "Beneficial interest" defined.

NRS 163.4147 - "Beneficiary" defined.

NRS 163.415 - "Distribution beneficiary" defined.

NRS 163.4155 - "Distribution interest" defined.

NRS 163.4157 - "Power of appointment" defined.

NRS 163.416 - "Remainder interest" defined.

NRS 163.4165 - "Reserved power" defined.

NRS 163.4167 - Common law.

NRS 163.417 - Limitations on actions of creditors and courts: Trust property not subject to trustee’s personal obligations; beneficial interests may not be transferred under certain circumstances.

NRS 163.4175 - Trustee not required to consider certain factors with regard to distribution of trust assets.

NRS 163.4177 - Factors which must not be considered exercising improper dominion or control over trust.

NRS 163.418 - Clear and convincing evidence required to find settlor to be alter ego of trustee of irrevocable trust; certain factors insufficient for finding that settlor controls or is alter ego of trustee of irrevocable trust.

NRS 163.4185 - Classifications of distribution interests.

NRS 163.4187 - Support interest: Beneficiary has enforceable right to distribution; court review.

NRS 163.419 - Discretionary interest: Beneficiary does not have enforceable right to distribution; court review; trustee’s powers and duties.

NRS 163.420 - Short title.

NRS 163.430 - Declaration of policy.

NRS 163.440 - References to Internal Revenue Code.

NRS 163.450 - Definitions.

NRS 163.460 - "Charitable trust" defined.

NRS 163.470 - "Private foundation trust" defined.

NRS 163.480 - "Split interest trust" defined.

NRS 163.490 - "Trust" defined.

NRS 163.500 - "Trustee" defined.

NRS 163.510 - Applicability.

NRS 163.520 - Prohibited acts.

NRS 163.530 - Minimum distribution required.

NRS 163.540 - Amendment of trust instrument: Procedure.

NRS 163.550 - Amendment of trust instrument: Provision for termination of status as private foundation.

NRS 163.5505 - Creation; enforcement; requirements.

NRS 163.551 - Administration and enforcement; definitions.

NRS 163.553 - Definitions.

NRS 163.5533 - "Custodial account" defined.

NRS 163.5535 - "Custodial account owner" defined.

NRS 163.5536 - "Directing trust adviser" defined.

NRS 163.5537 - "Distribution trust adviser" defined.

NRS 163.554 - "Fiduciary" defined.

NRS 163.5541 - "Instrument" defined.

NRS 163.5543 - "Investment trust adviser" defined.

NRS 163.5545 - "Trust adviser" defined.

NRS 163.5547 - "Trust protector" defined.

NRS 163.5548 - Circumstances under which fiduciary is "directed fiduciary."

NRS 163.5549 - Limitations on liability of directed fiduciary.

NRS 163.555 - Action authorized upon incapacity or death of settlor.

NRS 163.5551 - Circumstances in which trust advisers are considered fiduciaries.

NRS 163.5553 - Powers of trust protector.

NRS 163.5555 - Trust protector and trust adviser: Submission to jurisdiction of courts of this State.

NRS 163.5557 - Powers of investment trust adviser and distribution trust adviser.

NRS 163.5559 - Claims of creditors against settlor.

NRS 163.556 - Circumstances under which trustee is authorized to appoint property of one testamentary trust or irrevocable trust to another trust.

NRS 163.557 - Circumstances under which trustee is authorized to reimburse settlor for tax on trust income or principal.

NRS 163.558 - Authority of settlor to specify conditions.

NRS 163.560 - Irrevocable trust not to be construed as revocable.

NRS 163.565 - Effect of divorce or annulment of marriage of settlor on revocable inter vivos trust.

NRS 163.567 - Effect of divorce, annulment of marriage or termination of domestic partnership of descendant of settlor on former spouse or domestic partner of descendant.

NRS 163.570 - Powers of trustee concerning gifts made by surviving spouse of decedent.

NRS 163.580 - Duty of third person to ensure proper application of trust property.

NRS 163.590 - Disposition of trust property by reference to statement or list; requirements for admissibility of statement or list as evidence of intended disposition; uses of statement or list.

NRS 163.600 - Appointment of successor trustee under certain circumstances.

NRS 163.610 - Trustee authorized to include certain capital gains in distributable net income in certain circumstances.

NRS 163.620 - Admissibility of video recording or electronic record.