NRS 164.800
Applicable rules after death of decedent or end of income interest in trust.


After a decedent dies, in the case of an estate, or after an income interest in a trust ends, the following rules apply:

1.

A fiduciary of an estate or of a terminating income interest shall determine the amount of net income and net principal receipts received from property specifically given to a beneficiary under the rules in NRS 164.810 to 164.925, inclusive, which apply to trustees and the rules in subsection 5. The fiduciary shall distribute the net income and net principal receipts to the beneficiary who is to receive the specific property.

2.

A fiduciary shall determine the remaining net income of a decedent’s estate or a terminating income interest under the rules in NRS 164.810 to 164.925, inclusive, which apply to trustees and by:

(a)

Including in net income all income from property used to discharge liabilities;

(b)

Paying from income or principal, in his or her discretion, fees of attorneys, accountants and fiduciaries, court costs and other expenses of administration, and interest on death taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the reduction or loss of the deduction; and

(c)

Paying from principal all other disbursements made or incurred in connection with the settlement of a decedent’s estate or the winding up of a terminating income interest, including debts, funeral expenses, disposition of remains, family allowances, and death taxes and related penalties that are apportioned to the estate or terminating income interest by the will, the terms of the trust, or applicable law.

3.

A fiduciary shall distribute to a beneficiary who receives a pecuniary amount outright the interest or any other amount provided by the will, the terms of the trust, or applicable law from net income determined under subsection 2 or from principal to the extent that net income is insufficient. If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends and no interest or other amount is provided for by the terms of the trust or applicable law, the fiduciary shall distribute the interest or other amount to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will.

4.

A fiduciary shall distribute the net income remaining after distributions required by subsection 3 in the manner described in NRS 164.805 to all other beneficiaries, including a beneficiary who receives a pecuniary amount in trust, even if he or she holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust.

5.

A fiduciary may not reduce principal or income receipts from property described in subsection 1 because of a payment described in NRS 164.900 or 164.905 to the extent that the will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent the fiduciary recovers or expects to recover the payment from a third party. The net income and principal receipts from the property are determined by including all the amounts the fiduciary receives or pays with respect to the property, whether those amounts accrued or became due before, on, or after the date of a decedent’s death or an income interest’s terminating event, and by making a reasonable provision for amounts that the fiduciary believes the estate or terminating income interest may become obligated to pay after the property is distributed.

Source: Section 164.800 — Applicable rules after death of decedent or end of income interest in trust., https://www.­leg.­state.­nv.­us/NRS/NRS-164.­html#NRS164Sec800.

164.780
Short title.
164.785
Definitions.
164.790
Allocation of receipt or disbursement to principal when terms of trust and provisions of NRS do not provide rule.
164.795
Adjustment between principal and income
164.796
Circumstances under which trustee authorized to convert trust into unitrust
164.797
Administration of unitrust: Duties of trustee
164.798
Administration of unitrust: Powers of trustee
164.799
Trustee or beneficiary authorized to petition court to take certain actions concerning unitrust.
164.800
Applicable rules after death of decedent or end of income interest in trust.
164.805
Distribution of net income to beneficiaries
164.810
Date on which income interest begins
164.815
Allocation of certain income receipts and disbursements
164.820
Payment of undistributed income upon end of mandatory income interest
164.825
Allocation of money received from entity to income
164.830
Allocation of amount received as distribution of income to income
164.835
Accounting separately for business or other activity.
164.840
Allocation of assets, money, property and other receipts to principal.
164.845
Allocation of receipts from rental property to income
164.850
Allocation of interest on obligation to pay money to trustee to income
164.855
Allocation of proceeds of life insurance policy and certain contracts to principal
164.860
Allocation of entire amount to principal if allocation between principal and income under certain circumstances is insubstantial.
164.865
Allocation of certain payments received because of services rendered or property transferred to payor in exchange for future payments to income or principal, or both
164.870
Allocation of receipts from liquidating assets to income and principal.
164.875
Allocation of receipts from interest in minerals to income or to income and principal
164.880
Allocation of net receipts from sale of timber and related products to income or principal, or both
164.885
Request of spouse if marital deduction is allowed and amounts transferred from principal to income and distributed are insufficient to obtain marital deduction
164.890
Allocation of receipts from and disbursements made in connection with transactions in derivatives to principal
164.895
Allocation from proceeds of collateral financial assets to income and principal
164.900
Disbursements required to be made from income
164.905
Disbursements required to be made from principal.
164.910
Transfer of net cash receipts from principal asset subject to depreciation to principal.
164.915
Transfer of amount from income to principal to make certain principal disbursements.
164.920
Payment of taxes required to be paid by trustee.
164.925
Adjustments between principal and income to offset shifting economic interests or tax benefits between income beneficiaries and remainder beneficiaries
Last Updated

Jun. 24, 2021

§ 164.800’s source at nv​.us