150.310 - Proration of tax among persons interested in estate; exceptions. - Nevada Statutes

150.310  Proration of tax among persons interested in estate; exceptions.

      1.  If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this State, to whom the property was, is or may be transferred or to whom any benefit accrues, except:

      (a) Where a testator otherwise directs in his or her will.

      (b) Where by written instrument, including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.

      2.  As used in this section, “electronic trust” has the meaning ascribed to it in NRS 163.0015.

      (Added to NRS by 1957, 228; A 1999, 2338; 2001, 2348)