1. A person named or designated as a trustee of a testamentary trust in a will may, at any time before distribution of any of the estate to the person, decline to act as trustee, and an order of court must be entered accepting the resignation, but the declination of any person who has qualified as trustee may not be accepted by the court unless the testamentary trust is subject to ongoing court jurisdiction pursuant to NRS 153.020 and a petition to accept the declination is filed in the proceeding for administration of the testamentary trust. Upon the filing of the petition, the clerk shall set it for hearing and the petitioner shall give notice to all interested persons for the period and in the manner provided in NRS 155.010.
2. A person named or designated as a trustee of a testamentary trust in a will that is no longer subject to ongoing court jurisdiction may resign as trustee in accordance with the terms of the testamentary trust or will which created the testamentary trust or, if the testamentary trust or will is silent on the matter, may seek court approval of such resignation in conjunction with a petition under NRS 164.010 or 164.030.
3. In accepting a declination or resignation, the court may enter and enforce any order which may be necessary for the preservation of the estate.
[248:107:1941; 1931 NCL § 9882.248] — (NRS A 1999, 2353; 2017, 1684)
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