Nevada § 111.779 - Liability of nonprobate transferee; proceedings to impose liability; payment of claims against nonprobate assets
Full text of Nevada Nevada Revised Statutes § 111.779 — Liability of nonprobate transferee; proceedings to impose liability; payment of claims against nonprobate assets, with citation guidance and answers to common questions.
§ 111.779. Liability of nonprobate transferee; proceedings to impose liability; payment of claims against nonprobate assets
1. Except as otherwise provided in NRS 21.090 and other applicable law, a transferee of a nonprobate transfer is liable to the
probate estate of the decedent for allowed claims against that decedent's probate
estate to the extent the estate is insufficient to satisfy those claims. 2. The liability of a nonprobate transferee may not exceed the value of nonprobate
transfers received or controlled by that transferee. 3. Nonprobate transferees are liable for the insufficiency described in subsection
1 in the following order of priority: (a) A transferee specified in the decedent's will or any other governing instrument
as being liable for such an insufficiency, in the order of priority provided in the
will or other governing instrument; (b) The trustee of a trust serving as the principal nonprobate instrument in the decedent's
estate plan as shown by its designation as devisee of the decedent's residuary estate
or by other facts or circumstances, to the extent of the value of the nonprobate transfer
received or controlled; and (c) Other nonprobate transferees, in proportion to the values received. 4. Unless otherwise provided by the trust instrument, interests of beneficiaries in
all trusts incurring liabilities under this section abate as necessary to satisfy
the liability, as if all the trust instruments were a single will and the interests
were devises under it. 5. If a nonprobate transferee is a spouse or a minor child, the nonprobate transferee
may petition the court to be excluded from the liability imposed by this section as
if the nonprobate property received by the spouse or minor child were part of the
decedent's estate. Such a petition may be made pursuant to the applicable provisions of chapter 146 of NRS , including, without limitation, the provisions of NRS 146.010 and 146.020 and subsection 2 of NRS 146.070 . 6. A provision made in one instrument may direct the apportionment of the liability
among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another, the later
one prevails. 7. Upon due notice to a nonprobate transferee, the liability imposed by this section
is enforceable in probate proceedings in this State, whether or not the transferee
is located in this State. 8. If a probate proceeding is pending at the time of filing and it has been determined
by a final order issued by the probate court that there are insufficient assets to
pay a valid creditor, a proceeding under this section may be commenced by one of the
following persons: (a) The personal representative of the decedent's estate. A personal representative who declines in good faith to commence a proceeding incurs
no personal liability for declining. (b) A creditor of the estate, if the personal representative has declined or refused
to commence an action within 30 days after receiving a written demand by a creditor. Such demand must identify the nonprobate transfers known to the creditor. If the creditor is unaware of any nonprobate transfers, in the probate proceeding,
the creditor may, pursuant to NRS 155.170 , obtain discovery, perpetuate testimony or conduct examinations in any manner authorized
by law or by the Nevada Rules of Civil Procedure to ascertain whether any nonprobate
transfers exist. If the creditor is unable to identify any nonprobate transfers within a reasonable
time after conducting discovery, the creditor may not proceed under this section. If a creditor commences an action under this section: (1) The creditor must proceed at the expense of the creditor and not of the estate. (2) If a creditor successfully establishes an entitlement to payment under this section
and collects nonprobate transfers, the court must order the reimbursement of the costs
reasonably incurred by the creditor, including attorney's fees, from the transferee
from whom the payment is to be made, subject to the limitations of subsection 2, or
from the estate as a cost of administration, or partially from each, as the court
deems just. 9. If a probate proceeding is not pending, a proceeding under this section may be
commenced as a civil action by a creditor at the expense of the creditor. 10. If a proceeding is commenced pursuant to this section, it must be commenced: (a) If a probate proceeding is pending in which notice to creditors has been given
at the time of filing a proceeding under this section: (1) As to a creditor whose claim was properly and timely filed, allowed by the personal
representative or partially allowed by the personal representative, and accepted by
the creditor pursuant to NRS 147.160 , within 60 days after the probate court enters an order confirming the amount of
payment of the approved claim that is final and no longer subject to reconsideration
or appeal or within 1 year after the decedent's death, whichever is later. (2) As to a creditor: (I) Whose claim was rejected by the personal representative, partially allowed by
the personal representative and rejected by the creditor pursuant to NRS 147.160 , or deemed rejected by the personal representative pursuant to NRS 147.110 ; (II) Who adjudicated the creditor's claims in the proper court or by a summary adjudication;
and (III) Who obtained a favorable final judgment on its claim from the proper court, within 60 days after the probate court enters an order confirming the amount of payment
of the approved claim that is final and no longer subject to reconsideration or appeal
or within 1 year after the decedent's death, whichever is later. (b) If an action had been commenced against the decedent before the decedent's death,
the creditor receives a judgment against the decedent's estate and the creditor has
filed a proper and timely creditor's claim against the estate, within 60 days after
the probate court enters an order confirming the amount of payment of the adjudicated
claim that is final and no longer subject to reconsideration or appeal or within 1
year after the decedent's death, whichever is later. (c) As to the recovery of benefits paid for Medicaid, within 3 years after the decedent's
death. (d) As to all other creditors, within 1 year after the decedent's death. 11. Unless a written notice asserting that a decedent's probate estate is nonexistent
or insufficient to pay allowed claims and statutory allowances has been received from
the decedent's personal representative, the following rules apply: (a) Payment or delivery of assets by a financial institution, registrar or other obligor
to a nonprobate transferee in accordance with the terms of the governing instrument
controlling the transfer releases the obligor from all claims for amounts paid or
assets delivered. (b) A trustee receiving or controlling a nonprobate transfer is released from liability
under this section with respect to any assets distributed to the trust's beneficiaries. Each beneficiary to the extent of the distribution received becomes liable for the
amount of the trustee's liability attributable to assets received by the beneficiary. 12. Except as otherwise provided in subsection 13, notwithstanding any provision of
this section to the contrary: (a) A creditor has no claim against: (1) Property transferred pursuant to a power of appointment exercised by a decedent
unless the power of appointment was actually exercised in favor of the decedent or
the decedent's estate. (2) Property transferred pursuant to a beneficiary designation by a decedent which
transfers money held by any of the following: (I) An individual retirement arrangement which conforms with or is maintained pursuant
to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code , 26 U.S.C. §§ 408 and 408A , including, without limitation, an inherited individual retirement arrangement; (II) A written simplified employee pension plan which conforms with or is maintained
pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code , 26 U.S.C. § 408 , including, without limitation, an inherited simplified employee pension plan; (III) A cash or deferred arrangement plan which is qualified and maintained pursuant
to the Internal Revenue Code, including, without limitation, an inherited cash or
deferred arrangement plan; (IV) A trust forming part of a stock bonus, pension or profit-sharing plan which is
qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code , 26 U.S.C. §§ 401 et seq. ; and (V) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS , any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code , 26 U.S.C. § 529 , unless the money is deposited after the entry of a judgment against the purchaser
or account owner or the money will not be used by any beneficiary to attend a college
or university. (3) Property transferred pursuant to a beneficiary designation by a decedent which
transfers money, benefits or privileges that accrue in any manner out of life insurance. (4) Proceeds of any wages of the decedent which were exempt from execution during
the decedent's lifetime pursuant to paragraph (g) of subsection 1 of NRS 21.090 . (5) A trust, a beneficial interest of the decedent under a trust or amount payable
from a trust if the trust was created by someone other than the decedent, except to
enforce a valid assignment of the decedent's beneficial interest under a trust that
is not a spendthrift trust. (6) An irrevocable trust or amounts payable from a trust if the trust was properly
created as a valid spendthrift trust under chapter 166 of NRS , except with respect to property transferred to the trust by the decedent to the
extent permitted under subsections 1, 2 and 3 of NRS 166.170 . (b) A purchaser for value of property or a lender who acquires a security interest
in the property from a beneficiary of a nonprobate transfer after the death of the
owner, in good faith: (1) Takes the property free of any claims or of liability to the owner's estate, creditors
of the owner's estate, persons claiming rights as beneficiaries under the nonprobate
transfer or heirs of the owner's estate, in absence of actual knowledge that the transfer
was improper; and (2) Has no duty to verify sworn information relating to the nonprobate transfer. The protection provided by this subparagraph applies to information that relates
to the ownership interest of the beneficiary in the property and the beneficiary's
right to sell, encumber and transfer good title to a purchaser or lender and does
not relieve a purchaser or lender from the notice imparted by instruments of record
respecting the property. 13. Nothing in this section exempts any real or personal property from any statute
of this State that authorizes the recovery of money owed to the Department of Health
and Human Services as a result of the payment of benefits from Medicaid. 14. As used in this section, “devise” has the meaning ascribed to it in NRS 132.095 .
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 111.779
What does Nevada Revised Statutes § 111.779 cover?
Section 111.779 ("Liability of nonprobate transferee; proceedings to impose liability; payment of claims against nonprobate assets") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 111.779?
A common citation format is "Nevada Revised Statutes § 111.779" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 111.779 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.