Assembly Bill No. 400–Assemblymen Lee, Anderson,
Bache and Goldwater

March 4, 1999

____________

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning wills, intestate succession, trusts and estates of decedents. (BDR 12-1138)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the devolution of property and rights; providing for the administration of trusts and the estates of decedents; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 132 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 71, inclusive, of this act.

1-3 Sec. 2. As used in this Title, unless the context otherwise requires,

1-4 the words and terms defined in sections 3 to 71, inclusive, of this act have

1-5 the meanings ascribed to them in those sections.

1-6 Sec. 3. "Abatement" means a proportional reduction of a pecuniary

1-7 devise when the money or other assets out of which the devise is payable

1-8 are not sufficient to pay the devise in full.

1-9 Sec. 4. "Acknowledgment" means a declaration that an instrument

1-10 has been executed for the purposes stated therein and, if the instrument

1-11 was executed in a representative capacity, that the instrument was signed

1-12 with proper authority and executed as the act of the person represented

1-13 and identified therein.

1-14 Sec. 5. "Administrator" means a person not designated in a will who

1-15 is appointed by the court to administer an estate.

1-16 Sec. 6. "Agent" means a person authorized to represent or act for

1-17 another person, including an attorney in fact under a durable or

2-1 nondurable power of attorney and a person authorized to make decisions

2-2 concerning the health care of another person.

2-3 Sec. 7. "Beneficiary," as it relates to:

2-4 1. A trust, includes a person who has a present or future interest,

2-5 vested or contingent, and the owner of an interest by assignment or other

2-6 transfer;

2-7 2. A charitable trust, includes any person entitled to enforce the

2-8 trust;

2-9 3. An instrument designating a beneficiary, includes a beneficiary of

2-10 an insurance policy or annuity, of an account designated as payable on

2-11 death, of a security registered as transferable on death or of a pension,

2-12 profit-sharing, retirement or similar benefit plan or other nonprobate

2-13 transfer at death; and

2-14 4. A beneficiary designated in a governing instrument, includes a

2-15 grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under

2-16 a designation, a donee, appointee or taker in default under a power of

2-17 appointment, or a person in whose favor a power of attorney or a power

2-18 held in any individual, fiduciary or representative capacity is
2-19 exercised,

2-20 but does not include a person who receives less than $100 under a will.

2-21 Sec. 8. "Child" includes a person entitled to take as a child by

2-22 intestate succession from the parent whose relationship is involved and

2-23 excludes a person who is a stepchild, a foster child, a grandchild or any

2-24 more remote descendant.

2-25 Sec. 9. "Citation" means a document issued by the clerk of the

2-26 court, as authorized by statute or ordered by the court, requiring a person

2-27 to appear, directing a person to act or conduct himself in a specified way,

2-28 or notifying a person of a hearing.

2-29 Sec. 10. "Claim," in respect to the estate of a decedent, includes a

2-30 liability of the decedent, whether arising in contract, in tort or otherwise,

2-31 and a liability of the estate that arises at or after the death of the

2-32 decedent, including funeral expenses and expenses of administration.

2-33 The term does not include estate or inheritance taxes, or demands or

2-34 disputes regarding title of a decedent to specific assets alleged to be

2-35 included in the estate.

2-36 Sec. 11. "Codicil" means an addition to a will that may modify or

2-37 revoke one or more provisions of the will, or add one or more provisions

2-38 to the will, and is signed with the same formalities as a witnessed or

2-39 holographic will.

2-40 Sec. 12. "Community property" has the meaning ascribed to it in

2-41 NRS 123.220.

2-42 Sec. 13. "Community property with right of survivorship" has the

2-43 incidents ascribed to it in NRS 111.064.

3-1 Sec. 14. "Descendant" includes descendants of all generations. For

3-2 the purposes of this section, the relationship of parent and child at each

3-3 generation is determined by the definitions of "child" and "parent"

3-4 contained in this Title.

3-5 Sec. 15. "Designation of beneficiary" means a governing instrument

3-6 naming a beneficiary of an insurance policy or annuity, of an account

3-7 designated as payable on death, of a security registered as transferable

3-8 on death, or of a pension, profit-sharing, retirement or similar benefit

3-9 plan or other nonprobate transfer at death.

3-10 Sec. 16. "Devise," used as a noun, means a testamentary disposition

3-11 of real or personal property and, used as a verb, means to dispose of real

3-12 or personal property by will.

3-13 Sec. 17. "Devisee" means a person designated in a will to receive a

3-14 devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in

3-15 the case of a devise to an existing trust or trustee, or to a trustee of a trust

3-16 described by will, the term means the trust or trustee, and not a

3-17 beneficiary of the trust.

3-18 Sec. 18. "Disclaimant" means a person who executes a disclaimer.

3-19 The term includes a beneficiary and his guardian, personal

3-20 representative, general attorney in fact, and special attorney in fact with

3-21 power to disclaim.

3-22 Sec. 19. "Disclaimer" means a written instrument that declines,

3-23 refuses, renounces or disclaims an interest to which a beneficiary would

3-24 otherwise succeed.

3-25 Sec. 20. "Distributee" means a person who has received property of

3-26 a decedent from his personal representative other than as a creditor or

3-27 purchaser. A testamentary trustee is a distributee only to the extent of

3-28 distributed assets or increment thereto remaining in his hands. A

3-29 beneficiary of a testamentary trust to whom the trustee has distributed

3-30 property received from a personal representative is a distributee of the

3-31 personal representative. As used in this section, "testamentary trustee"

3-32 includes a trustee to whom assets are transferred by will to the extent of

3-33 the devised assets.

3-34 Sec. 21. "Estate" includes the property of the decedent or trust

3-35 whose affairs are subject to this Title as it is originally constituted and as

3-36 it exists from time to time during administration.

3-37 Sec. 22. "Estate tax" means federal estate tax, including any interest

3-38 and penalty thereon.

3-39 Sec. 23. "Executor" means a person nominated in a will and

3-40 appointed by the court to execute the provisions of the will and

3-41 administer the estate of the decedent.

3-42 Sec. 24. "Expenses of administration" means expenses actually and

3-43 properly incurred by a personal representative in the administration of

4-1 an estate, plus the fees of the personal representative, any attorney

4-2 retained by him and any other consultant engaged by him.

4-3 Sec. 25. "Family allowance" means the money allocated from the

4-4 estate by the court pursuant to NRS 146.030.

4-5 Sec. 26. "Fiduciary" includes a personal representative, guardian

4-6 and trustee.

4-7 Sec. 27. "Gift" means a gratuitous transfer of property to a recipient

4-8 for less than full market value.

4-9 Sec. 28. "Governing instrument" means:

4-10 1. A deed, will, trust, insurance policy or annuity, designated as

4-11 payable on death;

4-12 2. A security registered as transferable on death;

4-13 3. A pension, profit-sharing, retirement or similar benefit plan;

4-14 4. An instrument creating or exercising a power of appointment or a

4-15 power of attorney; or

4-16 5. A dispositive, appointive or nominative instrument of any similar

4-17 type.

4-18 Sec. 29. "Guardian" means a person who has qualified as the

4-19 guardian of a minor or incapacitated person pursuant to testamentary or

4-20 judicial appointment, but does not include a guardian ad litem.

4-21 Sec. 30. "Heirs" means persons, including the surviving spouse and

4-22 the state, who are entitled by intestate succession to the property of a

4-23 decedent.

4-24 Sec. 31. "Holographic will" means a testamentary document that

4-25 complies with the requirements of NRS 133.090.

4-26 Sec. 32. "Incapacitated person" means a person who is impaired by

4-27 reason of mental illness, mental deficiency, advanced age, disease,

4-28 weakness of mind or any other cause except minority, to the extent of

4-29 lacking sufficient understanding or capacity to make or communicate

4-30 responsible decisions.

4-31 Sec. 33. "Interest" means:

4-32 1. The whole of any property, real or personal, legal or equitable,

4-33 present or future, or any part thereof, or any other estate therein;

4-34 2. A power to appoint, consume, apply or expend property; or

4-35 3. Any other right, power, privilege or immunity relating to property.

4-36 Sec. 34. "Interested person" includes an heir, devisee, child, spouse,

4-37 creditor, beneficiary and any other person having a property right in or

4-38 claim against a trust estate or the estate of a decedent. The term includes

4-39 a person having priority for appointment as a personal representative

4-40 and other fiduciaries representing interested persons. The meaning as it

4-41 relates to particular persons must be determined according to the

4-42 particular purposes of, and matter involved in, a proceeding.

5-1 Sec. 35. "Intestate," used as a noun, means a decedent who dies

5-2 without leaving a will.

5-3 Sec. 36. "Intestate estate" includes an estate where no will has been

5-4 offered or admitted to probate as the last will and testament and an estate

5-5 where the will does not distribute the entire estate.

5-6 Sec. 37. "Inventory" means the description of assets required by

5-7 NRS 144.040.

5-8 Sec. 38. "Issue" means children, grandchildren or more remote

5-9 lineal descendants.

5-10 Sec. 39. "Joint tenants with right of survivorship" include co-

5-11 owners of property held under circumstances that entitle one or more to

5-12 the whole of the property on the death of the other or others.

5-13 Sec. 40. "Lease" includes an oil, gas or other mineral lease.

5-14 Sec. 41. "Letters" includes letters testamentary, letters of

5-15 administration, letters of administration with will annexed and letters of

5-16 special administration.

5-17 Sec. 42. "Lien" means a charge upon property for the satisfaction of

5-18 a debt, including an obligation not satisfied, a judgment, unpaid taxes

5-19 and an unpaid obligation for materials or labor.

5-20 Sec. 43. "Minor" means a person who is under 18 years of age.

5-21 Sec. 44. "Mortgage" means a conveyance, agreement or

5-22 arrangement in which property is encumbered or used as security.

5-23 Sec. 45. "Notice" means information provided pursuant to NRS

5-24 155.010, 155.020 or any other statute requiring advance information of

5-25 an opportunity, obligation or the occurrence of an event.

5-26 Sec. 46. "Oath" means a form of attestation which affirms that the

5-27 taker will faithfully perform the duties of a specified office.

5-28 Sec. 47. "Order" includes a declaration, decree or judgment by a

5-29 court and is a final judgment for all purposes, including an appeal under

5-30 NRS 155.190.

5-31 Sec. 48. "Parent" includes any person entitled to take, or who would

5-32 be entitled to take if the child died without a will, as a parent by intestate

5-33 succession from the child whose relationship is in question and excludes

5-34 any person who is a stepparent, foster parent or grandparent.

5-35 Sec. 49. "Person" includes a government or a governmental

5-36 subdivision, agency or instrumentality.

5-37 Sec. 50. "Personal representative" includes an executor, an

5-38 administrator, a successor personal representative, a special

5-39 administrator and persons who perform substantially the same function

5-40 under the law governing their status.

5-41 Sec. 51. "Petition" means a written request to the court for an order.

5-42 Sec. 52. "Probate," used as a noun, means a legal proceeding in

5-43 which the court has jurisdiction to administer, pay out and distribute the

6-1 assets of a decedent to the persons entitled to them, including devisees,

6-2 heirs, creditors and others.

6-3 Sec. 53. "Probate homestead" means a homestead that can be set

6-4 apart by the court pursuant to NRS 146.020.

6-5 Sec. 54. "Property" means anything that may be the subject of

6-6 ownership, and includes both real and personal property and any interest

6-7 therein.

6-8 Sec. 55. "Right of representation" means the method of distributing

6-9 property by which, through inheritance or succession, the descendants of

6-10 a deceased heir take the same share or right in the estate of another

6-11 person that their parent or other ancestor would have taken if living. A

6-12 posthumous child is deemed living at the death of his parent.

6-13 Sec. 56. "Security" includes any note, stock, treasury stock, bond,

6-14 debenture, evidence of indebtedness, certificate of interest or

6-15 participation in an oil, gas or mining title or lease or in payments out of

6-16 production under such a title or lease, collateral trust certificate,

6-17 transferable share, voting trust certificate or, in general, any interest or

6-18 instrument commonly known as a security, or any certificate of interest

6-19 or participation, any temporary or interim certificate, receipt or

6-20 certificate of deposit for, or any warrant or right to subscribe to or

6-21 purchase any of the foregoing.

6-22 Sec. 57. "Separate property" has the meaning ascribed to it in NRS

6-23 123.130.

6-24 Sec. 58. "Settlement," in reference to the estate of a decedent,

6-25 includes administration, distribution and closing.

6-26 Sec. 59. "Settlor" means the person who creates a trust, however

6-27 described in the trust instrument.

6-28 Sec. 60. "Special administrator" means a personal representative

6-29 appointed pursuant to chapter 140 of NRS.

6-30 Sec. 61. "State" means a state of the United States, the District of

6-31 Columbia, Puerto Rico, the United States Virgin Islands, or any territory

6-32 or insular possession subject to the jurisdiction of the United States.

6-33 Sec. 62. "Successor personal representative" means a personal

6-34 representative, other than a special administrator, who is appointed to

6-35 succeed a previously appointed personal representative.

6-36 Sec. 63. "Successors" means persons, other than creditors, who are

6-37 entitled to property of a decedent under the terms of his will or pursuant

6-38 to this Title.

6-39 Sec. 64. "Tax" includes an income, property, excise, estate, gift or

6-40 inheritance tax.

6-41 Sec. 65. "Testate estate" means an estate with respect to which a will

6-42 has been offered and admitted to probate.

6-43 Sec. 66. "Testator" means a person who makes a will.

7-1 Sec. 67. "Trust" means an interest in property held by one person

7-2 for the benefit of another, established by an instrument executed during

7-3 the life of the settlor or by his will. The term includes an express trust,

7-4 private or charitable, with additions thereto, wherever and however

7-5 created. The term also includes a trust created or determined by

7-6 judgment or decree under which the trust is to be administered in the

7-7 manner of an express trust.

7-8 Sec. 68. "Trustee" includes an original, additional or successor

7-9 trustee, whether or not appointed or confirmed by a court.

7-10 Sec. 69. "Verification" means a declaration that a statement is true,

7-11 made under oath or affirmation under penalty of perjury for false

7-12 statement.

7-13 Sec. 70. "Ward" means a person for whom a guardian has been

7-14 appointed. A "minor ward" is one for whom a guardian has been

7-15 appointed solely by reason of minority.

7-16 Sec. 71. "Will" means a formal document that provides for the

7-17 distribution of the property of a decedent upon his death. The term

7-18 includes a codicil and a testamentary instrument that merely appoints an

7-19 executor, revokes or revises another will, nominates a guardian, or

7-20 expressly excludes or limits the right of an individual or class to succeed

7-21 to property of the decedent passing by intestate succession.

7-22 Sec. 72. NRS 132.010 is hereby amended to read as follows:

7-23 132.010 This Title [shall] must be liberally construed [, to the end that

7-24 justice may be done all parties, and] so that a speedy settlement of estates

7-25 is accomplished at the least expense [secured.] to the parties.

7-26 Sec. 73. NRS 133.040 is hereby amended to read as follows:

7-27 133.040 No will executed in this state, except [such nuncupative wills

7-28 and] such holographic wills as are mentioned in this chapter, [shall be] is

7-29 valid unless it [be] is in writing and signed by the testator, or by [some

7-30 person in his presence, and by his] an attending person at the testator’s

7-31 express direction, and attested by at least two competent witnesses [,

7-32 subscribing] who subscribe their names to the will in the presence of the

7-33 testator.

7-34 Sec. 74. NRS 133.045 is hereby amended to read as follows:

7-35 133.045 1. Whether or not the provisions relating to holographic

7-36 wills apply, a will may refer to a written statement or list to dispose of

7-37 items of tangible personal property not otherwise specifically disposed of

7-38 by the will, other than money, evidences of indebtedness, documents of

7-39 title, securities and property used in a trade or business.

7-40 2. To be admissible as evidence of the intended disposition, the

7-41 statement or list must contain:

7-42 (a) The date of its execution.

7-43 (b) A title indicating its purpose.

8-1 (c) A reference to the will to which it relates.

8-2 (d) A reasonably certain description of the items to be disposed of and

8-3 the [legatees.] names of the devisees.

8-4 (e) The testator’s signature.

8-5 3. The statement or list may be:

8-6 (a) Referred to as a writing to be in existence at the time of the testator’s

8-7 death.

8-8 (b) Prepared before or after the execution of the will.

8-9 (c) Altered by the testator after its preparation.

8-10 (d) A writing which has no significance apart from its effect upon the

8-11 dispositions made by the will.

8-12 Sec. 75. NRS 133.050 is hereby amended to read as follows:

8-13 133.050 1. Any or all of the attesting witnesses to any will may [, at

8-14 the request of the testator, make and] sign an affidavit before any person

8-15 authorized to administer oaths in or out of the state, stating such facts as

8-16 they would be required to testify to in court to prove the will. The affidavit

8-17 must be written on the will [,] or, if that is impracticable, on some paper

8-18 attached thereto. The sworn statement of any witness so taken must be

8-19 accepted by the court [of probate] as if it had been taken before the court.

8-20 2. The affidavit described in subsection 1 may be substantially in form

8-21 as follows:

8-22 State of Nevada }

8-23 }ss.

8-24 County of }

8-25 (Date)

8-26 Then and there personally appeared [the within-named] ................ and

8-27 ................., who, being duly sworn, depose and say: That they witnessed

8-28 the execution of the [within] foregoing will of the [within-named] testator,

8-29 ................; that the testator subscribed the will and declared [the same] it to

8-30 be his last will and testament in their presence; that they thereafter

8-31 subscribed the [same] will as witnesses in the presence of the testator and

8-32 in the presence of each other and at the request of the testator; and that the

8-33 testator at the time of the execution of the will appeared to them to be of

8-34 full age and of sound mind and memory . [, and that they make this

8-35 affidavit at the request of the testator.]

8-36

8-37 Affiant

8-38

8-39 Affiant

9-1 Subscribed and sworn to before me this .....

9-2 day of........, [19...] .............

9-3

9-4 Notary Public

9-5 Sec. 76. NRS 133.055 is hereby amended to read as follows:

9-6 133.055 A signature affixed to a self-proving affidavit attached to a

9-7 will and executed at the same time as the will is considered a signature

9-8 affixed to the will if necessary to prove the execution of the will.

9-9 Sec. 77. NRS 133.060 is hereby amended to read as follows:

9-10 133.060 All [beneficial devises, legacies and gifts whatsoever made or

9-11 given in any] devises in a will to a subscribing witness [thereto shall be]

9-12 are void unless there are two other competent subscribing witnesses to the

9-13 [same.] will.

9-14 Sec. 78. NRS 133.080 is hereby amended to read as follows:

9-15 133.080 1. If in writing and subscribed by the testator, a last will and

9-16 testament executed [without] outside this state in the [mode] manner

9-17 prescribed by the law, either of the state where executed or of the testator’s

9-18 domicile, shall be deemed to be legally executed, and [shall be] is of the

9-19 same force and effect as if executed in the [mode] manner prescribed by

9-20 the law of this state.

9-21 2. This section [shall] must be so interpreted and construed as to

9-22 effectuate its general purpose to make uniform the law of those states

9-23 which enact it.

9-24 Sec. 79. NRS 133.090 is hereby amended to read as follows:

9-25 133.090 1. A holographic will is [one that is entirely written, dated

9-26 and signed] a will in which the signature, date and material provisions

9-27 are written by the hand of the testator [himself.] , whether or not it is

9-28 witnessed or notarized. It is subject to no other form, and may be made in

9-29 or out of this state . [and need not be witnessed.]

9-30 2. Every person of sound mind [,] over the age of 18 years [, including

9-31 married women,] may, by last holographic will, dispose of all of [his or

9-32 her] the estate, real or personal, [the same being] but the estate is

9-33 chargeable with the payment of the testator’s debts.

9-34 3. Such wills [shall be] are valid and have [full effect for the purpose

9-35 for which they are intended.] the same force and effect as if formally

9-36 executed.

9-37 Sec. 80. NRS 133.100 is hereby amended to read as follows:

9-38 133.100 [1. No nuncupative or verbal will shall be good unless:

9-39 (a) The same be proved by two witnesses who were present at the

9-40 making thereof; and

10-1 (b) It be proved that the testator, at the time of pronouncing the same,

10-2 did bid someone present to bear witness that such was his will, or words of

10-3 like import; and

10-4 (c) It was made at the time of the last sickness of the deceased.

10-5 2. No nuncupative or verbal will shall be good where the estate

10-6 bequeathed exceeds the value of $1,000.] A nuncupative or oral will is not

10-7 valid.

10-8 Sec. 81. NRS 133.105 is hereby amended to read as follows:

10-9 133.105 1. A security issued in registered form which contains the

10-10 words "transferable on death to" a named person, or equivalent language

10-11 or abbreviation, is effective to transfer the interest evidenced by the

10-12 security to that person, upon the death of its owner, without compliance

10-13 with the formal requirements of this chapter for the execution of wills. [As

10-14 used in this subsection, "security" and "registered form" have the

10-15 meanings ascribed to them in NRS 104.8102.]

10-16 2. A security registered in beneficiary form pursuant to NRS 111.480

10-17 to 111.650, inclusive, is effective to transfer the interest evidenced by the

10-18 security to the beneficiary at the death of the owner or the deaths of all

10-19 multiple owners, without compliance with the formal requirements of this

10-20 chapter for the execution of wills.

10-21 3. As used in this section, "security" and "registered form" have the

10-22 meanings ascribed to them in NRS 104.8102.

10-23 Sec. 82. NRS 133.115 is hereby amended to read as follows:

10-24 133.115 Divorce or annulment of the marriage of the testator revokes

10-25 every [beneficial devise, legacy or] devise, beneficial interest or

10-26 designation to serve as personal representative given to the testator’s

10-27 former spouse in a will executed before the entry of the decree of divorce

10-28 or annulment unless otherwise:

10-29 1. Provided in a property or separation agreement which is approved

10-30 by the court in the divorce or annulment proceedings ; [and not merged in

10-31 the decree;] or

10-32 2. Ordered by the court in the divorce or annulment proceedings,

10-33 and the will [shall take] takes effect in the same manner as if the former

10-34 spouse had died before the testator.

10-35 Sec. 83. NRS 133.120 is hereby amended to read as follows:

10-36 133.120 1. [No will in writing shall be revoked unless:

10-37 (a) By burning,] A written will may only be revoked by:

10-38 (a) Burning, tearing, canceling or obliterating the [same,] will, with the

10-39 intention of revoking it, by the testator, or by some person in [his presence,

10-40 or by his direction; or

10-41 (b) By some other] the presence and at the direction of the testator; or

10-42 (b) Another will or codicil in writing, executed as prescribed in this

10-43 chapter.

11-1 2. [Nothing contained in this section shall] This section does not

11-2 prevent the revocation implied by law from subsequent changes in the

11-3 condition or circumstances of the testator.

11-4 Sec. 84. NRS 133.130 is hereby amended to read as follows:

11-5 133.130 If, after the making of any will, the testator [shall duly make

11-6 and execute] executes a second will, the destruction, cancellation or

11-7 revocation of the second will [shall] does not revive the first will, unless it

11-8 appears by the terms of [such] the revocation that it was the intention to

11-9 revive and give effect to the first will, or unless, after [such] the

11-10 destruction, cancellation or revocation, the first will [shall be duly] is

11-11 reexecuted.

11-12 Sec. 85. NRS 133.140 is hereby amended to read as follows:

11-13 133.140 A bond, covenant or agreement made by a testator to convey

11-14 any property devised [or bequeathed] in any will previously made [shall

11-15 not be deemed] is not a revocation of [such] the previous devise [or

11-16 bequest; but such property shall pass] , but the property passes by the

11-17 devise , [or bequest,] subject to the same remedies on the bond, covenant

11-18 or agreement, for the specific performance or otherwise, against the

11-19 [devisees or legatees,] devisee, as might be had by law against the heirs of

11-20 the testator, if the [same] property had descended to them.

11-21 Sec. 86. NRS 133.150 is hereby amended to read as follows:

11-22 133.150 A charge or encumbrance upon any estate, for the purpose of

11-23 securing the payment of money, or the performance of any covenant or

11-24 agreement, [shall not be deemed] is not a revocation of [any] a will

11-25 relating to the same estate which was previously executed, but the [devise

11-26 and legacies] devises therein contained [shall pass,] pass subject to [such]

11-27 the charge or encumbrance.

11-28 Sec. 87. NRS 133.155 is hereby amended to read as follows:

11-29 133.155 A specific devise passes subject to any mortgage or lien

11-30 existing on the date of death, without right of exoneration, regardless of a

11-31 general directive in the will to pay debts.

11-32 Sec. 88. NRS 133.160 is hereby amended to read as follows:

11-33 133.160 When [any child shall have been] a child is born after the

11-34 making of [its parent’s will,] a will by a parent of that child and no

11-35 provision [shall be] is made for [him or her therein, such child shall have]

11-36 the child in the will, the child is entitled to the same share in the estate of

11-37 the testator as if the testator had died intestate, unless it [shall be] is

11-38 apparent from the will that it was the intention of the testator that no

11-39 provision should be made for [the] that child.

11-40 Sec. 89. NRS 133.170 is hereby amended to read as follows:

11-41 133.170 When [any testator shall omit to provide in his or her will for

11-42 any of his or her children or for the issue of any deceased child, it shall]

11-43 the child of a testator or the issue of a deceased child of a testator is

12-1 omitted from the testator’s will, it must be presumed that the omission was

12-2 intentional. Should the court find that the omission was unintentional,

12-3 [such] the child, or the issue of [any] the deceased child, [shall have] is

12-4 entitled to the same share in the estate of the testator as if [he or she] the

12-5 testator had died intestate.

12-6 Sec. 90. NRS 133.180 is hereby amended to read as follows:

12-7 133.180 When any share of the estate of a testator [shall be] is

12-8 assigned to a child born after the making of a will, or to a child or the issue

12-9 of a child omitted in the will, as mentioned in NRS 133.160 and 133.170,

12-10 the [same shall] share must first be taken from the estate not disposed of

12-11 by the will, if any. If that [shall not be] is not sufficient, so much as [shall

12-12 be necessary shall] is necessary must be taken from all the devisees [or

12-13 legatees,] in proportion to the value they may respectively receive under

12-14 the will, unless the obvious intention of the testator in relation to some

12-15 specific devise [or bequest,] or other provision in the will [,] would thereby

12-16 be defeated. In [such case, such] that case, the specific devise [, legacy] or

12-17 provision may be exempted from [such] the apportionment, and a different

12-18 apportionment, consistent with the intention of the testator, may be

12-19 adopted.

12-20 Sec. 91. NRS 133.190 is hereby amended to read as follows:

12-21 133.190 If [such] the child or children, or their descendants, so

12-22 unprovided for, [shall] have had an equal proportion of the testator’s estate

12-23 bestowed upon them in the testator’s lifetime, by way of an advancement,

12-24 as provided in NRS 151.120, they [shall] take nothing [in virtue of the

12-25 provisions of] under NRS 133.160, 133.170 and 133.180.

12-26 Sec. 92. NRS 133.200 is hereby amended to read as follows:

12-27 133.200 When any estate [shall be devised or bequeathed] is devised

12-28 to any child or other relation of the testator, and the devisee [or legatee

12-29 shall die] dies before the testator, leaving lineal descendants, [such] those

12-30 descendants, in the absence of a provision in the will to the contrary,

12-31 [shall] take the estate so given by the will in the same manner as the

12-32 devisee [or legatee] would have done if [he] the devisee had survived the

12-33 testator.

12-34 Sec. 93. NRS 133.210 is hereby amended to read as follows:

12-35 133.210 Every devise of [land] real property in any will [shall be

12-36 construed to convey] conveys all the estate of the [devisor] testator therein

12-37 which [he] could lawfully [devise,] be devised, unless it [shall clearly

12-38 appear] clearly appears by the will that [he] the testator intended to

12-39 convey a [less] lesser estate.

12-40 Sec. 94. NRS 133.220 is hereby amended to read as follows:

12-41 133.220 Any estate, right or interest in [lands] real property acquired

12-42 by the testator after the making of [his or her will shall pass] a will passes

12-43 thereby in like manner as if it had been acquired [prior to] before the time

13-1 of making the will, if [such should manifestly appear] that manifestly

13-2 appears by the will to have been the intention of the testator.

13-3 Sec. 95. NRS 134.005 is hereby amended to read as follows:

13-4 134.005 1. With the exception of NRS 134.007 and 134.010, the

13-5 provisions of this chapter, as to the inheritance of [the husband and wife]

13-6 spouses from each other, apply only to the separate property of the

13-7 intestate [.] decedent.

13-8 2. With the exception of NRS 134.007, the provisions of this chapter

13-9 [are inapplicable] do not apply to the extent that they are inconsistent with

13-10 the provisions of a premarital agreement between the deceased and [his]

13-11 the surviving spouse which is enforceable pursuant to chapter 123A of

13-12 NRS.

13-13 Sec. 96. NRS 134.007 is hereby amended to read as follows:

13-14 134.007 1. [No] A person who pleads guilty, guilty but mentally ill

13-15 or nolo contendere or is convicted of the murder of the decedent is not

13-16 entitled to succeed to any portion of the decedent’s estate. The portion to

13-17 which the convicted person would otherwise be entitled to succeed goes to

13-18 the other persons entitled to it under the provisions of this chapter.

13-19 2. [If:

13-20 (a) The death of a person precludes his trial for the murder of a

13-21 decedent; and

13-22 (b) The court which is distributing the decedent’s estate determines,

13-23 based on a preponderance of the evidence, that he committed the murder of

13-24 the decedent,

13-25 he is not entitled to succeed to any portion of the decedent’s estate. The

13-26 portion to which he would otherwise have been entitled to succeed goes to

13-27 the other persons entitled to it under the provisions of this chapter.] If the

13-28 provisions of subsection 1 do not apply, the court upon the petition of an

13-29 interested person shall decide whether by preponderance of the evidence

13-30 the alleged killer would be found criminally accountable for the

13-31 felonious and intentional killing of the decedent. If the court so

13-32 determines, the determination conclusively has the effect of a conviction

13-33 for the purposes of subsection 1.

13-34 3. An acquittal in a criminal proceeding does not preclude a civil

13-35 proceeding under subsection 2.

13-36 Sec. 97. NRS 134.010 is hereby amended to read as follows:

13-37 134.010 Upon the death of either [the husband or the wife] spouse,

13-38 title to community property [shall vest] vests as provided in NRS 123.250

13-39 [.] and title to property held in joint tenancy or as community property

13-40 with right of survivorship vests as provided in NRS 111.365.

13-41 Sec. 98. NRS 134.030 is hereby amended to read as follows:

13-42 134.030 Except as otherwise provided in NRS 134.007, when [any

13-43 person having] a person who has title to any estate which is [his or her]

14-1 separate property, not otherwise limited by contract, dies intestate as to

14-2 [such] the estate, it descends and must be distributed, subject to the

14-3 payment of [his] debts, in the manner provided in NRS 134.040 to

14-4 134.120, inclusive.

14-5 Sec. 99. NRS 134.040 is hereby amended to read as follows:

14-6 134.040 1. If the decedent leaves a surviving [husband or wife,]

14-7 spouse and only one child, or the lawful issue of one child, the estate goes

14-8 one-half to the surviving [husband or wife,] spouse and one-half to [such]

14-9 the child or the issue of [such] the child.

14-10 2. If the decedent leaves a surviving [husband or wife,] spouse and

14-11 more than one child living, or [one] a child and the lawful issue of one or

14-12 more deceased children, the estate goes one-third to the surviving [husband

14-13 or wife,] spouse and the remainder in equal shares to [his or her] the

14-14 children and the lawful issue of any deceased child by right of

14-15 representation.

14-16 [3. If there be no child of the intestate living at his or her death, the

14-17 remainder shall go to all of his or her lineal descendants, and if all the

14-18 lineal descendants are in the same degree of kindred to the intestate, they

14-19 shall share equally; otherwise, they shall take according to the right of

14-20 representation.]

14-21 Sec. 100. NRS 134.050 is hereby amended to read as follows:

14-22 134.050 1. If the decedent [shall leave] leaves no issue, the estate

14-23 [shall go] goes one-half to the surviving [husband or wife,] spouse, one-

14-24 fourth to the [intestate’s father,] father of the decedent and one-fourth to

14-25 the [intestate’s mother,] mother of the decedent, if both are living . [; if

14-26 not,] If both parents are not living, one-half to either the father or the

14-27 mother then living.

14-28 2. If the decedent [shall leave] leaves no issue, or father [,] or mother,

14-29 one-half of the separate property of the [intestate shall go] decedent goes

14-30 to the surviving [husband or wife,] spouse and the other one-half [thereof

14-31 shall go] goes in equal shares to the brothers and sisters of the [intestate,

14-32 and to the children of any deceased brother or sister by right of

14-33 representation.] decedent.

14-34 3. If the decedent [shall leave no issue, or husband, or wife,] leaves no

14-35 issue or surviving spouse, the estate [shall go] goes one-half to the

14-36 [intestate’s] father of the decedent and one-half to the [intestate’s mother,]

14-37 mother of the decedent, if both are living . [; if not,] If both parents are

14-38 not living, the whole estate [shall go] goes to either the father or the

14-39 mother then living.

14-40 4. If the decedent [shall leave] leaves no issue, father, mother, brother

14-41 [,] or sister, or children of any issue, all of the separate property of the

14-42 [intestate shall go] decedent goes to the surviving [husband or wife.]

14-43 spouse.

15-1 Sec. 101. NRS 134.060 is hereby amended to read as follows:

15-2 134.060 If there [be] is no issue, [or husband, or wife,] surviving

15-3 spouse, or father [,] or mother, then the estate goes in equal shares to the

15-4 brothers and sisters of the [intestate,] decedent and to the children of any

15-5 deceased brother or sister by right of representation.

15-6 Sec. 102. NRS 134.070 is hereby amended to read as follows:

15-7 134.070 If the [intestate shall leave] decedent leaves no issue, [or

15-8 husband, or wife,] surviving spouse, or father [,] or mother, and no brother

15-9 or sister living at [his or her] the time of death, the estate [shall go] goes to

15-10 the next of kin in equal degree, [excepting that when] except that if there

15-11 are two or more collateral kindred in equal degree, but claiming through

15-12 different ancestors, those who claim through the nearest ancestors [shall

15-13 be] are preferred to those who claim through ancestors more remote . [; but

15-14 if] If any person [shall die] dies leaving several children, or leaving [one] a

15-15 child and issue of one or more children, and any such surviving child [shall

15-16 die] dies under age and not having been married, all [of] the estate that

15-17 came to the deceased child by inheritance from the deceased parent [shall

15-18 descend] descends in equal shares to the other children of the same parent,

15-19 and to the issue of any other children who may have died, by right of

15-20 representation.

15-21 Sec. 103. NRS 134.080 is hereby amended to read as follows:

15-22 134.080 [If at] At the death of a child [, who shall die] who is under

15-23 age and has not [having] been married, all the other children of the parent

15-24 being also dead, [and] if any of [them shall have] the other children left

15-25 issue, the estate that came to [such] the child by inheritance from [his or

15-26 her parent shall descend] the parent descends to all the issue of the other

15-27 children of the same parent, and if all the issue are in the same degree of

15-28 kindred to the child they [shall] are entitled to share the estate equally;

15-29 otherwise, they [shall] are entitled to take according to the right of

15-30 representation.

15-31 Sec. 104. NRS 134.090 is hereby amended to read as follows:

15-32 134.090 If the decedent leaves no surviving [husband or wife,] spouse,

15-33 but there [be] is a child or children, the estate [shall, if there be] , if there is

15-34 only one child, all [go] goes to that child . [; and if there be] If there is

15-35 more than one child, the estate [shall descend and be distributed] goes to

15-36 all the [intestate’s children,] children of the decedent, to share and share

15-37 alike.

15-38 Sec. 105. NRS 134.100 is hereby amended to read as follows:

15-39 134.100 If the decedent leaves no surviving [husband or wife,] spouse,

15-40 but there [shall be] is a child or children and the lawful issue of a child or

15-41 children, the estate [shall descend and be distributed to such] goes to the

15-42 child or children and lawful issue of [such] the child or children by right of

15-43 representation as follows: To [such] the child or children , each a [child’s

16-1 part,] share and to the lawful issue of each deceased child, by right of

16-2 representation, the same [part and proportion that its] share that the parent

16-3 would have received [in case] if the parent had been living at the time of

16-4 the [intestate’s death; that is, the lawful issue of any deceased child shall

16-5 receive the part and proportion that its parent would have received had the

16-6 parent been living at the time of the intestate’s death.] death of the

16-7 decedent.

16-8 Sec. 106. NRS 134.110 is hereby amended to read as follows:

16-9 134.110 If the decedent leaves no surviving [husband or wife,] spouse,

16-10 or child or children, but there [be] is the lawful issue of a child or children,

16-11 all [of] the estate [shall descend] desends and must be distributed to the

16-12 lawful issue of [such] the child or children by right of representation, and

16-13 this rule [shall apply] applies to the lawful issue of all such children, and to

16-14 the lawful issue ad infinitum.

16-15 Sec. 107. NRS 134.120 is hereby amended to read as follows:

16-16 134.120 If the [intestate shall leave no husband, or wife,] decedent

16-17 leaves no surviving spouse, or kindred, the estate [shall escheat] escheats

16-18 to the state for educational purposes.

16-19 Sec. 108. NRS 134.160 is hereby amended to read as follows:

16-20 134.160 Kindred of the half blood [shall] inherit equally with those of

16-21 the whole blood in the same degree, unless the inheritance comes to the

16-22 [intestate] decedent by descent [, devise or gift from some one of his or her

16-23 ancestors,] or devise from an ancestor, in which case all those who are not

16-24 of the blood of [such ancestors shall be] the ancestor are excluded from

16-25 the inheritance.

16-26 Sec. 109. NRS 134.210 is hereby amended to read as follows:

16-27 134.210 Whenever [any wife] one spouse dies intestate, leaving heirs,

16-28 if the [husband] other spouse dies intestate [subsequently to his wife,]

16-29 after the first spouse, without heirs, leaving property, [his] the estate of the

16-30 second spouse to die vests in the heirs of the [wife,] first spouse to die,

16-31 subject to expenses of administration and payment of legal debts against

16-32 the estate.

16-33 Sec. 110. NRS 135.020 is hereby amended to read as follows:

16-34 135.020 Where the title to property or the devolution thereof depends

16-35 upon priority of death and there is [no sufficient] insufficient evidence that

16-36 the persons [have] died otherwise than simultaneously, the property of

16-37 each person [shall] must be disposed of as if [he] that person had survived,

16-38 except as provided otherwise in this chapter.

16-39 Sec. 111. NRS 135.030 is hereby amended to read as follows:

16-40 135.030 Where two or more beneficiaries are designated to take

16-41 successively by reason of survivorship under another person’s disposition

16-42 of property and there is [no sufficient] insufficient evidence that these

16-43 beneficiaries [have] died otherwise than simultaneously the property thus

17-1 disposed of [shall] must be divided into as many equal portions as there are

17-2 successive beneficiaries and these portions [shall] must be distributed

17-3 respectively to those who would have taken in the event that each

17-4 designated beneficiary had survived.

17-5 Sec. 112. NRS 135.040 is hereby amended to read as follows:

17-6 135.040 Where there is [no sufficient] insufficient evidence that two

17-7 joint tenants or [tenants by the entirety have] spouses holding title to

17-8 community property with right of survivorship died otherwise than

17-9 simultaneously , the property so held [shall] must be distributed one-half

17-10 as if one had survived and one-half as if the other had survived. If there are

17-11 more than two joint tenants and all of them have so died, the property thus

17-12 distributed [shall] must be in the proportion that one bears to the whole

17-13 number of joint tenants.

17-14 Sec. 113. NRS 135.050 is hereby amended to read as follows:

17-15 135.050 Where the insured and the beneficiary in a policy of life or

17-16 accident insurance have died and there is [no sufficient] insufficient

17-17 evidence that they [have] died otherwise than simultaneously , the

17-18 proceeds of the policy [shall] must be distributed as if the insured had

17-19 survived the beneficiary.

17-20 Sec. 114. NRS 135.060 is hereby amended to read as follows:

17-21 135.060 Except as otherwise provided in NRS 135.050 or in a

17-22 premarital agreement between [the husband and wife] spouses which is

17-23 enforceable pursuant to chapter 123A of NRS, where [a husband and wife]

17-24 both spouses have died, leaving community property, and there is [no

17-25 sufficient] insufficient evidence that they [have] died otherwise than

17-26 simultaneously, one-half of all the community property must be distributed

17-27 as if [the husband] one spouse had survived and the other one-half thereof

17-28 must be distributed as if the [wife] other spouse had survived.

17-29 Sec. 115. NRS 135.080 is hereby amended to read as follows:

17-30 135.080 This chapter [shall] does not apply in the case of wills, living

17-31 trusts, deeds, or contracts [of insurance wherein] in which provision has

17-32 been made for distribution of property different from the provisions of this

17-33 chapter.

17-34 Sec. 116. NRS 136.010 is hereby amended to read as follows:

17-35 136.010 1. Wills may be proved and letters [testamentary or letters

17-36 of administration] granted in the county [of which the deceased] where the

17-37 decedent was a resident at the time of death, whether death occurred in that

17-38 county or elsewhere, and the district court of that county [shall have] has

17-39 exclusive jurisdiction of the settlement of such estates, whether the estate is

17-40 in one or more counties.

17-41 2. The estate of a nonresident decedent may be settled by the district

17-42 court of any county [wherein] in which any part of the estate [may be.] is

17-43 located. The district court to which application [shall first be made shall

18-1 have] is first made has exclusive jurisdiction of the settlement of estates of

18-2 nonresidents.

18-3 Sec. 117. NRS 136.020 is hereby amended to read as follows:

18-4 136.020 [No] A district judge shall not admit any will to probate, or

18-5 grant letters [testamentary or letters of administration,] in any case where [:

18-6 1. He shall be interested] The judge is:

18-7 1. Interested as next of kin to the deceased.

18-8 2. [He is a legatee or] A devisee under the will.

18-9 3. [He is named as executor] Named as personal representative or

18-10 trustee in the will.

18-11 4. [He is a] A witness to the will.

18-12 Sec. 118. NRS 136.030 is hereby amended to read as follows:

18-13 136.030 1. [When any] If a district judge, who would otherwise be

18-14 authorized to act, [shall be] is precluded from acting from the causes

18-15 mentioned in NRS 136.020, or [when he shall] if the judge is interested in

18-16 any manner [be interested, he] , the judge shall transfer all proceedings in

18-17 the matter of the estate to another judge of the same county, if there [be] is

18-18 one, who is not disqualified to act in the settlement of the estate, or [he

18-19 shall call a district] the judge shall request a judge of another district to

18-20 hold the court [of his] in the other county.

18-21 2. The judge to whom the matter is transferred or [such] the other

18-22 district judge shall hold court and [be] is vested with all the powers of the

18-23 court and judge so disqualified, and [shall retain] retains jurisdiction as to

18-24 all subsequent proceedings in regard to the estate.

18-25 Sec. 119. NRS 136.040 is hereby amended to read as follows:

18-26 136.040 If, before the administration of any estate transferred as

18-27 provided in NRS 136.030 is closed, another person becomes judge of the

18-28 court [wherein such] in which the proceeding was originally commenced

18-29 who is not disqualified to act in the settlement of the estate, and the causes

18-30 for which the proceeding was transferred no longer exist, any interested

18-31 person [interested in the estate] may have the proceeding returned to the

18-32 judge who [has] succeeded the disqualified judge, by filing a petition

18-33 setting forth these facts and moving the court [therefor.] to grant the

18-34 petition. If these facts are satisfactorily shown , the court must make an

18-35 order transferring the proceeding back to the judge who is not disqualified.

18-36 Sec. 120. NRS 136.050 is hereby amended to read as follows:

18-37 136.050 1. Any person having [any will in his] possession of a will

18-38 shall, within 30 days after knowledge of the death of the person who

18-39 executed the will, deliver it to the clerk of the district court which has

18-40 jurisdiction of the case or to the [person] personal representative named in

18-41 the will . [to execute it.]

18-42 2. Any person named as [executor or executrix in any] personal

18-43 representative in a will shall, within 30 days after the death of the testator ,

19-1 [or testatrix,] or within 30 days after knowledge of [such naming,] being

19-2 named, present the will, if in possession of it, to the [district] clerk of the

19-3 court.

19-4 3. Every person who [shall neglect] neglects to perform any of the

19-5 duties required in subsections 1 and 2 without reasonable cause [, shall be]

19-6 is liable to every person interested in the will for the damages [such] the

19-7 interested person may sustain by reason of [such] the neglect.

19-8 Sec. 121. NRS 136.060 is hereby amended to read as follows:

19-9 136.060 1. If it is alleged in any petition that [any] the will of a

19-10 [deceased person] decedent is in the possession of a third person, and the

19-11 court [shall be] is satisfied that the allegation is correct, an order [shall]

19-12 must be issued and served upon the person having possession of the will,

19-13 requiring that person to produce it at a time to be named in the order.

19-14 2. Any person having the possession of a will who neglects or refuses

19-15 to produce it in obedience to such an order may, by warrant from the

19-16 court, be committed to the county jail, and be kept in close confinement

19-17 until [such] the person produces the will. The [judge] court may make all

19-18 other necessary orders at chambers to enforce the production of the will.

19-19 Sec. 122. NRS 136.070 is hereby amended to read as follows:

19-20 136.070 1. [Any executor, devisee or legatee] A personal

19-21 representative or devisee named in a will, or any other interested person ,

19-22 [interested in the estate,] may, at any time after the death of the testator,

19-23 petition the court having jurisdiction to have the will proved, whether the

19-24 [same be in writing or nuncupative, in his] will is in the possession of that

19-25 person or not, or is lost or destroyed, or is beyond the jurisdiction of the

19-26 state.

19-27 2. [Any person] A personal representative named in a will , [to

19-28 execute it,] though not in possession of the will, may present a petition to

19-29 the district court having jurisdiction, [praying] requesting that the person

19-30 in possession of the will be required to produce it [,] so that it may be

19-31 admitted to probate [, and that letters testamentary] and letters may be

19-32 issued.

19-33 Sec. 123. NRS 136.090 is hereby amended to read as follows:

19-34 136.090 1. A petition for the probate of a will and issuance of letters

19-35 must state:

19-36 (a) The jurisdictional facts;

19-37 (b) Whether the person named as [executor] personal representative

19-38 consents to act or renounces [his] the right to letters ; [testamentary;]

19-39 (c) The names [, ages] and residences of the heirs, next of kin [,

19-40 devisees and legatees] and devisees of the decedent, the age of any heir,

19-41 next of kin or devisee who is a minor, and the relationship of the heirs and

19-42 next of kin to the decedent, so far as known to the petitioner;

20-1 (d) The character and estimated value of the property of the estate;

20-2 [and]

20-3 (e) The name of the person for whom letters [testamentary are prayed.]

20-4 are requested, and that the person has never been convicted of a felony;

20-5 and

20-6 (f) The name of any heir, next of kin or devisee who is deceased.

20-7 2. No defect of form or in the statement of jurisdictional facts actually

20-8 existing voids the probate of a will.

20-9 Sec. 124. NRS 136.100 is hereby amended to read as follows:

20-10 136.100 1. [All petitions] A petition for the probate of a will and for

20-11 the issuance of letters must be signed by the party petitioning, or the

20-12 attorney for the petitioner, and filed with the clerk of the court, who shall

20-13 set the petition for hearing.

20-14 2. [Notice must be given as] The petitioner shall give notice of the

20-15 hearing for the period and in the manner provided in NRS 155.020 to the

20-16 heirs of the testator and the devisees [and legatees] named in the will, to all

20-17 persons named as [executors] personal representatives who are not

20-18 petitioning and to the administrator of the welfare division of the

20-19 department of human resources . [, and must state the filing of the petition,

20-20 the object, and the time for proving the will.] The notice must be

20-21 substantially in the form provided in that section.

20-22 Sec. 125. NRS 136.120 is hereby amended to read as follows:

20-23 136.120 If a petition for probate is presented by any person other than

20-24 the [one] personal representative named in the will , [to execute it,] or if it

20-25 is presented by [one of several of such persons] fewer than all of the

20-26 personal representatives named in the will, [citation shall issue and] the

20-27 petition must be served upon [such] the personal representatives not

20-28 joining in the petition . [, if resident within the county. The citation shall be

20-29 served at least 5 days before the hearing.]

20-30 Sec. 126. NRS 136.150 is hereby amended to read as follows:

20-31 136.150 1. If no person [shall appear] appears to contest the probate

20-32 of a will , the court may admit it to probate on the testimony of only one of

20-33 the subscribing witnesses, if [such testimony shall show] that testimony

20-34 shows that the will was executed in all particulars as required by law, and

20-35 that the testator [or testatrix] was of sound mind and had attained the age

20-36 of 18 years at the time of its execution.

20-37 2. [In all cases where the witness resides at a distance of more than 25

20-38 miles from the place where the court is held, the] An ex parte affidavit of

20-39 the witness, showing that the will was executed in all particulars as

20-40 required by law, and that the testator [or testatrix] was of sound mind and

20-41 had attained the age of 18 years at the time of its execution, [shall] must

20-42 be received in evidence and [have] has the same force and effect as if the

20-43 witness [was] were present and testified orally.

21-1 Sec. 127. NRS 136.160 is hereby amended to read as follows:

21-2 136.160 1. Any or all of the attesting witnesses to any will may, after

21-3 the [decease] death of the testator and at the request of the executor or any

21-4 interested person , [interested under the will,] make and sign an affidavit

21-5 [before any person authorized to administer oaths in or out of the state,]

21-6 stating such facts as [they] a witness would be required to testify to in

21-7 court to prove the will. [The affidavit must be written on the will, or, if that

21-8 be impracticable, on some paper attached thereto.] The sworn statement of

21-9 any witness so taken must be accepted by the court [of probate] as if it had

21-10 been taken before the court.

21-11 2. The affidavit described in subsection 1 may be substantially in form

21-12 as set forth in NRS 133.050.

21-13 Sec. 128. NRS 136.170 is hereby amended to read as follows:

21-14 136.170 1. [When] If it appears to the court that a will cannot be

21-15 proven as otherwise provided by law because one or more or all [of] the

21-16 subscribing witnesses to the will, at the time the will is offered for probate,

21-17 [are serving in or present with the Armed Forces of the United States or as

21-18 merchant seamen, or] are dead or mentally or physically incapable of

21-19 testifying or otherwise unavailable, the court may admit the will to probate

21-20 upon the testimony in person , [or] by deposition or by affidavit of at least

21-21 two credible disinterested witnesses that the signature to the will is [in the

21-22 handwriting of the person whose will it purports to be,] genuine, or upon

21-23 other sufficient proof [of such handwriting.] that the signature is genuine.

21-24 2. The provisions of subsection 1 [shall] do not preclude the court, in

21-25 its discretion, from requiring in addition, the testimony in person , [or] by

21-26 deposition or by affidavit of any available subscribing witness, or proof of

21-27 such other pertinent facts and circumstances as the court [may deem]

21-28 deems necessary to admit the will to probate.

21-29 Sec. 129. NRS 136.180 is hereby amended to read as follows:

21-30 136.180 1. If the will of a person is detained beyond the jurisdiction

21-31 of the state, in a court of any other state, country or jurisdiction, and cannot

21-32 be produced for probate in this state, a copy of the will may be admitted to

21-33 probate in this state in lieu thereof and [have] has the same force and effect

21-34 as would be required if the original will were produced.

21-35 2. [The court may authorize a photographic copy of the will to be

21-36 presented to the subscribing witness upon his examination in court, or by

21-37 affidavit, as provided in this chapter, and he may be asked the same

21-38 questions with respect to it and the handwriting of himself, the testator and

21-39 the other witness or witnesses, as would be pertinent and competent if the

21-40 original will were present.] Unless otherwise ordered by the court, a

21-41 subscribing witness may testify in person, by deposition or by affidavit

21-42 with respect to a copy of the executed will, and with respect to

21-43 handwriting of the affiant as a witness, or the handwriting of the testator

22-1 or another witness, in the same way as he would if the original will were

22-2 available.

22-3 Sec. 130. NRS 136.190 is hereby amended to read as follows:

22-4 136.190 A holographic will may be proved [in the same manner as

22-5 other private writings.] by authentication satisfactory to the court.

22-6 Sec. 131. NRS 136.200 is hereby amended to read as follows:

22-7 136.200 1. [Whenever] If a will is offered for probate and it appears

22-8 there are minors [,] or unborn members of a class who are interested, or if

22-9 it appears there are other interested persons [interested in the estate but]

22-10 who reside out of the county and are unrepresented, the court may, whether

22-11 there is a contest or not, appoint an attorney for [such minors or other

22-12 persons.] them.

22-13 2. [When] If a person for whom an attorney has been appointed,

22-14 pursuant to subsection 1, retains counsel and notifies the court of [such]

22-15 the retention, the court shall [thereupon] enter an order relieving the court-

22-16 appointed attorney of further obligation to represent [such] the person.

22-17 Sec. 132. NRS 136.220 is hereby amended to read as follows:

22-18 136.220 A copy of [the record of] the will and [decree] order

22-19 admitting it to probate, certified by the clerk in whose custody it may be,

22-20 [shall] must be received in evidence and be as effectual in all cases as the

22-21 original will would be if proved.

22-22 Sec. 133. NRS 136.230 is hereby amended to read as follows:

22-23 136.230 [Whenever any will shall be] If a will is lost by accident or

22-24 destroyed by fraud without the knowledge of the testator, the [district court

22-25 shall have power to] court may take proof of the execution and validity of

22-26 the will and [to establish the same,] establish it, after notice is given to all

22-27 persons , [having first been given,] as prescribed [in cases of] for proof of

22-28 wills in other cases.

22-29 Sec. 134. NRS 136.240 is hereby amended to read as follows:

22-30 136.240 1. The petition for the probate of a lost or destroyed will

22-31 must include a copy of the will, or if no copy is available state, or be

22-32 accompanied by a written statement of, the testamentary words, or the

22-33 substance thereof. [If the will is established the provisions thereof must be

22-34 set forth in the order admitting the will to probate, and the order must be so

22-35 entered at length in the minutes or a written order signed, filed and

22-36 recorded.

22-37 2. The testimony of each witness must be reduced to writing, signed

22-38 by him and filed, and shall be admissible in evidence in any contest of the

22-39 will, if a witness has died or has permanently removed from the state.

22-40 3. No will shall be allowed to]

22-41 2. If offered for probate, a lost or destroyed will must be proved in

22-42 the same manner as other wills are proved under this chapter.

23-1 3. In addition, no will may be proved as a lost or destroyed will unless

23-2 [the same shall be] it is proved to have been in existence at the death of the

23-3 person whose will it is claimed to be, or [be] is shown to have been

23-4 fraudulently destroyed in the lifetime of [such] that person, nor unless its

23-5 provisions [shall be] are clearly and distinctly proved by at least two

23-6 credible witnesses.

23-7 4. The testimony of each witness must be reduced to writing, signed

23-8 by the witness and filed, and is admissible in evidence in any contest of

23-9 the will if the witness has died or permanently moved from the state.

23-10 5. If the will is established, its provisions must be set forth

23-11 specifically in the order admitting it to probate, or a copy of the will must

23-12 be attached to the order.

23-13 Sec. 135. NRS 136.250 is hereby amended to read as follows:

23-14 136.250 If, before or during the pendency of an application to prove a

23-15 lost or destroyed will, letters of administration [shall] have been granted

23-16 upon the estate of the [deceased,] decedent, or letters testamentary of any

23-17 previous will of the [deceased,] decedent, the court [shall have authority

23-18 to] may restrain the administration if necessary to protect the interests of

23-19 [legatees or] devisees claiming under the lost or destroyed will.

23-20 Sec. 136. NRS 136.260 is hereby amended to read as follows:

23-21 136.260 1. A will duly proved, allowed and admitted to probate

23-22 outside of this state may be admitted to probate and recorded in the proper

23-23 court of any county in this state in which the testator [shall have] left any

23-24 estate.

23-25 2. When a copy of the will and the order admitting it to probate ,

23-26 [thereof,] duly certified, [shall be] are presented by the executor, [his

23-27 nominee, or by any other person interested in the will,] a nominee or any

23-28 other interested person, with a petition for probate, the [same] order and

23-29 copy must be filed , and the clerk shall set a time [must be appointed] for a

23-30 hearing thereon , and notice must be given as required by law on a petition

23-31 for the original probate of a domestic will [.] pursuant to NRS 136.100.

23-32 3. If, upon the hearing, it appears to the satisfaction of the court that

23-33 the will has been duly proved and admitted to probate outside [of] this

23-34 state, and that it was executed according to the law of the place in which

23-35 [the same] it was made, or in which the testator was at the time domiciled,

23-36 or in conformity with the laws of this state, it must be admitted to probate

23-37 [, which probate shall have] with the same force and effect as the original

23-38 probate of a domestic will.

23-39 4. [When a duly] If a certified copy of a will from any jurisdiction

23-40 where probate is not required by the laws of that jurisdiction, with the

23-41 certificate of the legal custodian of the original will that the [same]

23-42 certified copy is a true copy [,] and that the will has become operative by

23-43 the laws of that jurisdiction, [and when] or a copy of a notarial will in

24-1 possession of a notary in a foreign jurisdiction entitled to the custody

24-2 [thereof (] of the will and required by the laws of [which jurisdiction

24-3 require that the will remain in the custody of the notary),] that jurisdiction

24-4 to retain custody of it, duly certified by the notary, is presented by the

24-5 [executor,] personal representative, his nominee [, or other persons] or

24-6 another interested person to the proper court in this state, the [court shall

24-7 appoint] clerk shall set a time [and place of] for a hearing thereon, and

24-8 notice [thereof shall] must be given as [in case of an original will presented

24-9 for probate.] required by law on a petition for the original probate of a

24-10 domestic will.

24-11 5. If it [appear] appears to the court that the [instrument ought to] will

24-12 should be admitted to probate in this state, as the last will and testament of

24-13 the [deceased,] decedent, the copy [shall] must be filed [and recorded,]

24-14 with the clerk, and the will [shall have] has the same effect as if originally

24-15 proved and admitted to probate in the court [.] of this state.

24-16 Sec. 137. Chapter 137 of NRS is hereby amended by adding thereto a

24-17 new section to read as follows:

24-18 An appeal from a final order determining the contest of a will is

24-19 governed by the Nevada Rules of Appellate Procedure. A party may make

24-20 any motion after the determination that is provided by the Nevada Rules

24-21 of Civil Procedure.

24-22 Sec. 138. NRS 137.010 is hereby amended to read as follows:

24-23 137.010 1. The attorney general or any interested person ,

24-24 [interested,] including a devisee [or legatee] under a former will, may

24-25 contest the will by filing written grounds of opposition to the probate

24-26 thereof at any time before the hearing of the petition for probate . [, and

24-27 thereupon a citation shall be issued] Personal notice must then be given by

24-28 a citation directed to the heirs of the decedent and to all interested persons

24-29 , [interested in the will,] including minors and [incompetents,]

24-30 incapacitated persons, wherever residing, directing them to plead to the

24-31 contest within 30 days after service of the citation [which shall be made

24-32 personally or by publication in the manner provided by the Nevada Rules

24-33 of Civil Procedure for the service of summons in civil actions.

24-34 2. Any] in the manner provided in NRS 155.050.

24-35 2. A person so served may interpose any defense or objection to the

24-36 contest by any motion authorized by the Nevada Rules of Civil Procedure

24-37 in civil actions. If the motion is granted, the court may allow the contestant

24-38 10 days within which to amend [his] the contest. If the motion is denied,

24-39 the petitioner and [others interested,] other interested persons, within 10

24-40 days after the receipt of written notice thereof, may jointly or separately

24-41 answer the contest. The times [herein mentioned] specified in this section

24-42 may be extended by the court . [or judge.]

25-1 Sec. 139. NRS 137.020 is hereby amended to read as follows:

25-2 137.020 1. [On the trial, the] In the contest, the contestant is

25-3 plaintiff and the petitioner is defendant. The written grounds of opposition

25-4 [shall] constitute a pleading and [be] are subject to the same rules

25-5 governing pleadings as in the case of complaint in [an ordinary] a civil

25-6 action.

25-7 2. [Any] An issue of fact involving the competency of the decedent to

25-8 make a [last will and testament,] will, the freedom of the decedent at the

25-9 time of the execution of the will from duress, menace, fraud or undue

25-10 influence, the due execution and attestation of the will, or any other

25-11 question substantially affecting the validity of the will, [shall] must be tried

25-12 by the court unless one of the parties demands a jury. The party demanding

25-13 the jury shall advance the jury costs.

25-14 3. Upon the determination of the contest, costs [shall] must be

25-15 awarded in accordance with the provisions of chapter 18 of NRS.

25-16 Sec. 140. NRS 137.030 is hereby amended to read as follows:

25-17 137.030 [On the trial,] In the contest, the testimony as to the

25-18 declaration of a testator [shall be] is admissible if contemporaneous with

25-19 the execution of the will insofar as the [same may relate] will relates to the

25-20 testator’s intention , [of the testator, his] state of mind, [his] feelings,

25-21 competency, and the existence or nonexistence of duress and undue

25-22 influence.

25-23 Sec. 141. NRS 137.040 is hereby amended to read as follows:

25-24 137.040 If the will is contested, all the subscribing witnesses who are

25-25 present in the county and who are of sound mind must be produced and

25-26 examined , [;] or the death, absence or [insanity] incapacity of any of them

25-27 must be satisfactorily shown to the court. If none of the subscribing

25-28 witnesses resides in the county, and the evidence of none of them can be

25-29 produced, the court may admit the evidence of other witnesses to prove the

25-30 due execution of the will [;] and, as evidence of the execution, it may

25-31 admit proof of the handwriting of the testator and of any of the subscribing

25-32 witnesses.

25-33 Sec. 142. NRS 137.060 is hereby amended to read as follows:

25-34 137.060 If the court [shall be] is satisfied upon the proof taken when

25-35 heard by the court, or by the verdict of a jury [in case] if a jury is had, that

25-36 the will was duly executed by [a person] the testator, who was at the time

25-37 of sound and disposing mind and not under duress, menace, undue

25-38 influence or fraudulent representation, the court, by [decree] order in

25-39 writing, shall admit the will to probate . [, whereupon the will and decree

25-40 admitting it to probate shall be recorded together by the clerk in a book to

25-41 be provided for that purpose.]

25-42 Sec. 143. NRS 137.070 is hereby amended to read as follows:

26-1 137.070 The testimony of each subscribing witness who has testified

26-2 must be reduced to writing, signed [by him] in the form of an affidavit or

26-3 deposition and filed [, and shall be] with the court, and is admissible in

26-4 evidence in any subsequent contest of the will if the witness has died or has

26-5 permanently [removed] moved from the state.

26-6 Sec. 144. NRS 137.080 is hereby amended to read as follows:

26-7 137.080 [When] After a will has been admitted to probate , any

26-8 interested person other than a party to a contest before probate [and other

26-9 than] or a person who had actual notice of [such] the previous contest in

26-10 time to have joined therein [,] may, at any time within 3 months after

26-11 [admission of such] the order is entered admitting the will to probate,

26-12 contest the [same] admission or the validity of the will. [For that purpose

26-13 he must file in] The contestant must file with the court in which the will

26-14 was proved a petition [in writing, duly verified, containing his] containing

26-15 the allegations of the contestant against the validity of the will or against

26-16 the sufficiency of the proof, and [praying] requesting that the probate be

26-17 revoked.

26-18 Sec. 145. NRS 137.090 is hereby amended to read as follows:

26-19 137.090 Upon filing the petition, and within the time allowed for filing

26-20 the petition, a citation must be issued, directed to the [executor of the will,

26-21 or the administrator with the will annexed,] personal representative and to

26-22 all the devisees [and legatees] mentioned in the will, and the heirs, so far as

26-23 known to the petitioner, including minors and [incompetents,]

26-24 incapacitated persons, or the personal representative of any such person

26-25 who is dead, directing them to plead to the contest within 30 days after

26-26 service of the citation.

26-27 Sec. 146. NRS 137.100 is hereby amended to read as follows:

26-28 137.100 The citation [shall] must be served and proceedings had

26-29 thereunder as in the case of a contest before probate. If the jury [shall find]

26-30 finds or the court [shall decide] decides that the will is invalid or is not the

26-31 last will of the testator, the court shall enter an order revoking the probate

26-32 of the will and letters testamentary. Thereupon the powers of the [executor

26-33 or administrator with the will annexed cease;] personal representative

26-34 cease, but [he shall not be] the personal representative is not liable for any

26-35 act done in good faith [previous to] before the revocation.

26-36 Sec. 147. NRS 137.110 is hereby amended to read as follows:

26-37 137.110 If the probate is not revoked , the costs of trial must be paid

26-38 by the contestant. If the probate is revoked , the costs must be paid by the

26-39 party who resisted the revocation or out of the property of the decedent, as

26-40 the court may direct [.] in accordance with the provisions of chapter 18 of

26-41 NRS.

26-42 Sec. 148. NRS 137.130 is hereby amended to read as follows:

27-1 137.130 Failure to contest a will does not preclude the subsequent

27-2 probate of a will executed later in point of time than the one [heretofore]

27-3 previously admitted to probate.

27-4 Sec. 149. NRS 138.010 is hereby amended to read as follows:

27-5 138.010 1. If [any will shall have] a will has been admitted to

27-6 probate, the [district] court shall direct letters thereon to issue to the

27-7 [person or persons] personal representative named in the will , [to execute

27-8 the same, who may be competent to discharge the trust, and] who shall

27-9 appear and qualify.

27-10 2. No person has any power as [an executor] a personal representative

27-11 until he qualifies, except that, before letters are issued, he may pay the

27-12 funeral charges and take necessary measures for the preservation of the

27-13 estate.

27-14 Sec. 150. NRS 138.020 is hereby amended to read as follows:

27-15 138.020 1. No person is [competent] qualified to serve as an

27-16 executor [or executrix] who, at the time the will is probated:

27-17 (a) Is under the age of majority;

27-18 (b) Has been convicted of a felony;

27-19 (c) Upon proof, is adjudged by the court [incompetent] disqualified to

27-20 execute the duties of [the trust] executor by reason of drunkenness,

27-21 improvidence [, or want] or lack of integrity or understanding; or

27-22 (d) Is a bank [whose principal place of business is not] not authorized

27-23 to do business in the State of Nevada, unless it associates as coexecutor a

27-24 bank [whose principal place of business is] authorized to do business in

27-25 this state. An out-of-state bank is [competent] qualified to appoint a

27-26 substitute executor , [or executrix,] pursuant to NRS 138.045, without

27-27 forming such an association, but any natural person so appointed [shall]

27-28 must be a resident of this state.

27-29 2. If [any such person be] a disqualified person is named as the sole

27-30 executor [or executrix in any] in a will, or if all persons so named are

27-31 [incompetent, or shall renounce the trust,] disqualified or renounce their

27-32 right to act, or fail to appear and qualify, letters of administration with the

27-33 will annexed [shall] must issue.

27-34 Sec. 151. NRS 138.040 is hereby amended to read as follows:

27-35 138.040 [When] If it appears by the terms of a will that it was the

27-36 intention of the testator to commit the execution [thereof] of the will and

27-37 the administration of [his] the estate of the testator to any person as

27-38 executor, [such] that person, although not named executor, is entitled to

27-39 letters testamentary in like manner as if [he] that person had been named

27-40 executor.

27-41 Sec. 152. NRS 138.045 is hereby amended to read as follows:

27-42 138.045 1. [Any] A person who is named as executor under a will,

27-43 either alone or with another or others, who is [not incompetent by virtue

28-1 of] otherwise qualified to act under NRS 138.020, may appoint a

28-2 substitute if:

28-3 (a) The person [so] named in the will is unwilling or unable to

28-4 undertake or continue the execution of the will; and

28-5 (b) The testator has not designated an alternate to serve in place of the

28-6 named executor, or [that] alternate designated in the will is unwilling or

28-7 unable to serve.

28-8 2. A person named as alternate executor who is not [incompetent by

28-9 virtue of] disqualified under NRS 138.020 may appoint a substitute if:

28-10 (a) The named alternate is unwilling or unable to undertake or continue

28-11 the execution of the will; and

28-12 (b) A named executor is [incompetent] disqualified or has not

28-13 designated a substitute within 30 days after being notified that the named

28-14 alternate is unwilling or unable to serve.

28-15 3. [Any] A qualified person who alone is named as the executor under

28-16 a will [and is not incompetent] may appoint a coexecutor if:

28-17 (a) The person [so] named is unwilling or unable to undertake or

28-18 continue the sole execution of the will; and

28-19 (b) The testator has not designated an alternate to serve in place of the

28-20 named executor, or that the named alternate is unwilling or unable to

28-21 serve.

28-22 4. The substitute or coexecutor, unless otherwise disqualified under

28-23 this chapter, is entitled to letters testamentary in like manner as if [he] the

28-24 substitute or coexecutor had been named in the will.

28-25 Sec. 153. NRS 138.050 is hereby amended to read as follows:

28-26 138.050 [When] If the executor named in the will is a corporation or

28-27 national banking association that has sold its business and assets to, or has

28-28 consolidated or merged with, or is in any manner provided by law

28-29 succeeded by , another corporation or national banking association

28-30 authorized and qualified to act as executor, the court may issue letters

28-31 thereon to the successor corporation or association [.] as if the successor

28-32 were named in the will.

28-33 Sec. 154. NRS 138.060 is hereby amended to read as follows:

28-34 138.060 1. [Any person interested in a will] An interested person

28-35 may file objections in writing to the granting of letters testamentary to the

28-36 person or persons named as executors, or any of them, and [such

28-37 objections shall] those objections must be heard and determined by the

28-38 court.

28-39 2. A petition may also be filed for the issuance of letters of

28-40 administration, with the will annexed, in all proper cases.

28-41 Sec. 155. NRS 138.070 is hereby amended to read as follows:

28-42 138.070 1. No executor of the will of [an executor shall, as such, be]

28-43 a deceased executor, as such, is authorized to administer the estate of the

29-1 first testator, but [,] on the death of the sole or surviving executor [or

29-2 executrix] of any last will, letters of administration with the will annexed

29-3 of the estate of the first testator [or testatrix] left unadministered [shall]

29-4 must be issued. If no executor is named in the will, or if the sole executor

29-5 or all the executors named therein are dead or [incompetent,]

29-6 incapacitated, or neglect or fail to apply for letters, or to appear and

29-7 qualify, or die after the issuance of letters and before the completion of the

29-8 administration, letters of administration with the will annexed [shall] must

29-9 be granted.

29-10 2. The account of a deceased [executor or administrator] personal

29-11 representative may be [closed, his trust] settled, duties may be terminated,

29-12 and [his bondsmen] sureties may be released of liability subsequently

29-13 incurred, upon the petition of either the attorney who represented [him] the

29-14 deceased personal representative in the probate or administration

29-15 [proceedings] or upon the petition of any of [his bondsmen or] the sureties,

29-16 and upon such notice as the court [shall direct.] directs.

29-17 Sec. 156. NRS 138.080 is hereby amended to read as follows:

29-18 138.080 [When] If all the persons named as executors [shall not be]

29-19 are not appointed by the court, [such as shall be appointed shall] those

29-20 appointed have the same authority to perform every act and discharge

29-21 every [trust] duty required by the will, and their acts [shall be] are

29-22 effectual for every purpose as if all had been appointed . [, and should act

29-23 together.]

29-24 Sec. 157. NRS 138.090 is hereby amended to read as follows:

29-25 138.090 1. Administrators with the will annexed [shall] have the

29-26 same authority as the executor named in the will would have had if [he

29-27 should have] the executor had qualified, and their acts [shall be] are as

29-28 effectual for every purpose, but if the power or authority conferred upon

29-29 the executor is discretionary, and is not conferred by law, it [shall not be

29-30 deemed to be] is not conferred upon an administrator with the will

29-31 annexed.

29-32 2. Persons and their nominees and appointees are entitled to

29-33 appointment as administrators with the will annexed in the same order of

29-34 priority as in the appointment of administrators, except that, as to foreign

29-35 letters, [a person who is interested in the will] an interested person has

29-36 priority over one who is not.

29-37 Sec. 158. NRS 139.010 is hereby amended to read as follows:

29-38 139.010 No person [shall be] is entitled to letters of administration [:

29-39 1. Who shall be] who:

29-40 1. Is under the age of majority; [or

29-41 2. Who shall have]

29-42 2. Has been convicted of a felony; [or

29-43 3. Who, upon proof, shall be]

30-1 3. Upon proof, is adjudged by the court [incompetent to execute the

30-2 duties of the trust] disqualified by reason of drunkenness, improvidence [,

30-3 or want] or lack of integrity or understanding; or

30-4 4. [Who is] Is not a resident of the State of Nevada or which, in the

30-5 case of a banking corporation, [does not have its principal place of] is not

30-6 authorized to do business in this state or does not associate as

30-7 coadministrator a banking corporation [whose principal place of business

30-8 is] authorized to do business in this state.

31-1 Sec. 159. NRS 139.030 is hereby amended to read as follows:

31-2 139.030 The surviving partner of a decedent must not be appointed

31-3 administrator of the estate if any interested person [interested in the estate]

31-4 objects to [his] the appointment.

31-5 Sec. 160. NRS 139.040 is hereby amended to read as follows:

31-6 139.040 1. Administration of the intestate estate of a [person dying

31-7 intestate shall] decedent must be granted to [some] one or more of the

31-8 persons [hereinafter mentioned, and they shall be] mentioned in this

31-9 section, and they are respectively entitled to priority for appointment in

31-10 the following order:

31-11 (a) The surviving [husband or wife.] spouse.

31-12 (b) The children.

31-13 (c) The father or the mother.

31-14 (d) The brother or the sister.

31-15 (e) The grandchildren.

31-16 (f) Any other of the kindred entitled to share in the distribution of the

31-17 estate.

31-18 (g) Creditors who have become such during the lifetime of the

31-19 deceased.

31-20 (h) The public administrator.

31-21 (i) Any of the kindred not above enumerated, within the fourth degree

31-22 of consanguinity.

31-23 (j) Any person or persons legally [competent.] qualified.

31-24 2. A person in each of the foregoing classes is entitled:

31-25 (a) To appointment, if [such person] he is a resident of the State of

31-26 Nevada or is a banking corporation [whose principal place of business is]

31-27 which is authorized to do business in this state or which associates as

31-28 coadministrator a banking corporation [whose principal place of business

31-29 is] authorized to do business in this state.

31-30 (b) To nominate a resident of the State of Nevada or a qualified banking

31-31 corporation for appointment, whether or not the nominator is a resident of

31-32 the State of Nevada or a qualified banking corporation. The nominee [shall

31-33 have] has the same priority as [his nominator. Such] the nominator. That

31-34 priority is independent of the residence or corporate qualification of the

31-35 nominator.

31-36 Sec. 161. NRS 139.050 is hereby amended to read as follows:

31-37 139.050 Administration may be granted upon petition to one or more

31-38 [competent] qualified persons, although not otherwise entitled to [the

31-39 same,] serve, at the written request of the person entitled, filed in the court.

31-40 Sec. 162. NRS 139.080 is hereby amended to read as follows:

31-41 139.080 Letters of administration may be granted to any [applicant,

31-42 though it appear] petitioner, even if it appears that there are other persons

31-43 having [better rights to the administration, when such] priority for

32-1 appointment, if the latter fail to appear and claim the issuance of letters to

32-2 themselves [.] after receiving due notice of the proceeding.

32-3 Sec. 163. NRS 139.090 is hereby amended to read as follows:

32-4 139.090 1. A petition for letters of administration must be in writing,

32-5 signed by the [applicant or his counsel,] petitioner or the attorney for the

32-6 petitioner and filed with the clerk of the court, and must state:

32-7 (a) The jurisdictional facts;

32-8 (b) The names [, ages and post office] and addresses of the heirs of the

32-9 decedent and their relationship to the decedent, so far as known to the

32-10 [applicant;] petitioner, and the age of any who is a minor;

32-11 (c) The character and estimated value of the property of the estate; and

32-12 (d) That the [applicant] person to be appointed as administrator has

32-13 never been convicted of a felony.

32-14 2. No defect of form or in the statement of jurisdictional facts actually

32-15 existing voids an order appointing an administrator or any of the

32-16 subsequent proceedings.

32-17 Sec. 164. NRS 139.100 is hereby amended to read as follows:

32-18 139.100 The clerk shall set the petition for hearing, and notice must be

32-19 given to the heirs of the decedent [named in the petition] and to the

32-20 administrator of the welfare division of the department of human resources

32-21 as provided in NRS 155.020. The notice must state the filing of the

32-22 petition, the object and the time for hearing.

32-23 Sec. 165. NRS 139.110 is hereby amended to read as follows:

32-24 139.110 [Any person] An interested person may contest the

32-25 [application] petition by filing a written opposition [thereto] on the ground

32-26 [of the incompetency of the applicant,] that the petitioner is not qualified

32-27 or may assert [his] the contestant’s own right to the administration and

32-28 [pray] request that letters be issued to [himself.] the contestant. In the

32-29 latter case, [he] the contestant must file a petition and give the notice

32-30 required for the original petition, and the court must hear the two petitions

32-31 together.

32-32 Sec. 166. NRS 139.120 is hereby amended to read as follows:

32-33 139.120 Before letters are granted , the fact of death [, which may be

32-34 proved by affidavit when the death took place outside of the state,] and that

32-35 the decedent died intestate, and that notice has been given as required in

32-36 this chapter, must be proved by the evidence of the [applicant] petitioner

32-37 or others . [; and the] The court may also examine the [applicant]

32-38 petitioner or any other person concerning the time, place and manner of

32-39 death, the place of the decedent’s residence at the time [,] of death, the

32-40 character and value of his property, and whether or not the decedent left

32-41 [any] a will, and the court may compel any person to attend as a witness

32-42 for that purpose.

33-1 Sec. 167. NRS 139.130 is hereby amended to read as follows:

33-2 139.130 An entry in the minutes or in the written order appointing the

33-3 administrator [, signed by the judge,] that proof was made and that notice

33-4 had been given according to law [shall be] is conclusive evidence of the

33-5 fact of such notice.

33-6 Sec. 168. NRS 139.140 is hereby amended to read as follows:

33-7 139.140 When letters of administration have been granted to any

33-8 [other] person other than the surviving [husband or wife, or his or her]

33-9 spouse or the spouse’s nominee, or the child, [the] father, mother, brother

33-10 or sister of the [intestate,] decedent, any one of them , if otherwise

33-11 qualified, may obtain the revocation of the letters by presenting to the

33-12 [district] court a petition [praying] requesting the revocation, and that

33-13 letters of administration be issued to [him or her.] the petitioner.

33-14 Sec. 169. NRS 139.150 is hereby amended to read as follows:

33-15 139.150 1. [When such] If a petition for revocation is filed, [the

33-16 clerk shall give] notice [,] must be given as in the case of an original

33-17 [application, and shall issue] petition, and the petitioner shall serve a

33-18 citation [to] on the administrator to appear and answer the petition at the

33-19 time appointed for the hearing. The citation must be served on the

33-20 administrator in accordance with NRS 155.050 at least 10 days before

33-21 the date of the hearing.

33-22 2. At the time appointed, upon proof that the citation, together with a

33-23 copy of the petition, has been duly served and notice given as [above

33-24 required,] required in subsection 1, the court shall take evidence upon the

33-25 petition, and if the right of the [applicant] petitioner is established, and he

33-26 is [competent,] qualified, letters of administration [shall] must be granted

33-27 to him and the letters of the former administrator revoked. The former

33-28 administrator shall promptly file an accounting in accordance with NRS

33-29 150.080.

33-30 Sec. 170. NRS 139.160 is hereby amended to read as follows:

33-31 139.160 The surviving spouse, or nominee of the surviving spouse,

33-32 when letters of administration have been granted to a child, parent, brother

33-33 or sister of the [intestate;] decedent, or any of [such] those relatives, when

33-34 letters have been granted to any other of them, may assert [his] the prior

33-35 right [,] of the spouse or nominee, and obtain letters of administration, and

33-36 have the previous letters [before granted] revoked in the manner prescribed

33-37 in NRS 139.150.

33-38 Sec. 171. NRS 139.170 is hereby amended to read as follows:

33-39 139.170 The court [, in its discretion,] may refuse to grant letters of

33-40 administration as provided in this chapter to any person or to the nominee

33-41 of any person who had actual notice of the first [application] petition and

33-42 an opportunity to contest [the same.] it.

34-1 Sec. 172. NRS 140.010 is hereby amended to read as follows:

34-2 140.010 The [district judge] court shall appoint a special administrator

34-3 to collect and take charge of the estate of the [deceased,] decedent, in

34-4 whatever county or counties the [same] estate may be found, and to

34-5 exercise such other powers as may be necessary to preserve the estate:

34-6 1. [When there shall be] If there is a delay in granting letters

34-7 testamentary or letters of administration, from any cause.

34-8 2. [When] If letters are granted irregularly.

34-9 3. [When] If no sufficient bond is filed as required by [law.] the court.

34-10 4. [When] If no petition is filed for letters.

34-11 5. [When] If an executor or administrator dies or is suspended or

34-12 removed, and the circumstances of the estate require the immediate

34-13 appointment of a personal representative.

34-14 6. If there may be no assets subject to administration but good cause

34-15 exists for the appointment of a personal representative of the decedent.

34-16 7. In any other proper case.

34-17 Sec. 173. NRS 140.020 is hereby amended to read as follows:

34-18 140.020 1. The appointment of a special administrator may be made

34-19 at chambers [,] or in open court, and without notice or upon such notice to

34-20 such [of the persons interested in the estate] interested persons as the court

34-21 [or judge may deem] deems reasonable, and [shall] must be made by entry

34-22 upon the minutes of the court or by written order signed and filed, which

34-23 [shall] must specify the powers to be exercised by the special

34-24 administrator.

34-25 2. Upon the filing of the order , [being entered,] and after the person

34-26 appointed has given bond [as] if fixed by the [judge,] court, the clerk shall

34-27 issue special letters of administration, with a [certified] copy of the order

34-28 attached . [, to the person appointed.]

34-29 3. In making the appointment of a special administrator , the [district

34-30 judge shall] court may give preference to the person or persons entitled to

34-31 letters testamentary or letters of administration, but no appeal [shall be

34-32 allowed] may be taken from the appointment.

34-33 Sec. 174. NRS 140.030 is hereby amended to read as follows:

34-34 140.030 Before letters issue to a person as a special administrator [he]

34-35 , the person must:

34-36 1. Give bond in such sum as the court [or judge may direct,] directs,

34-37 with sureties to the satisfaction of the court , [or judge,] conditioned for the

34-38 faithful performance of [his duties ;] the duties, unless the court waives

34-39 bond; and

34-40 2. Take the usual oath [and have the same endorsed on his letters.

34-41 Thereupon the clerk shall issue special letters of administration to him.] of

34-42 office.

35-1 Sec. 175. NRS 140.040 is hereby amended to read as follows:

35-2 140.040 1. A special administrator shall:

35-3 (a) Collect and preserve for the executor or administrator when

35-4 appointed all the goods, chattels and [debts] receivables of the deceased,

35-5 and all incomes, rents, issues, profits, claims and demands of the estate.

35-6 (b) Take charge and management of the real property and enter upon

35-7 and preserve it from damage, waste and injury.

35-8 2. A special administrator may:

35-9 (a) For all necessary purposes, commence, maintain or defend [suits]

35-10 actions and other legal proceedings as [an administrator.] a personal

35-11 representative.

35-12 (b) Without prior order of the court, sell any perishable property of the

35-13 estate, as provided in NRS 148.170.

35-14 (c) Exercise such other powers as [may] have been conferred [upon

35-15 him] by the order of appointment.

35-16 (d) Obtain leave of the court to borrow money or to lease or mortgage

35-17 [or execute a deed of trust upon] real property in the same manner as [a

35-18 general] an executor or administrator.

35-19 3. A special administrator is not liable:

35-20 (a) To [an action by] any creditor on any claim against the estate; or

35-21 (b) [To pay] For any claim against the deceased except [for] a claim

35-22 involving wrongful death, personal injury or property damage [where] if

35-23 the estate contains no assets other than a policy of liability insurance.

35-24 Sec. 176. NRS 140.050 is hereby amended to read as follows:

35-25 140.050 1. If any property in [charge] the control or possession of a

35-26 special administrator is subject to a mortgage [, lien or deed of trust,] or

35-27 lien to secure the payment of money, and there is danger that the holder of

35-28 the security may enforce or foreclose the [same,] encumbrance, and the

35-29 value of the property exceeds [in value] the amount of the obligation

35-30 thereon, then, upon petition of the special administrator or [of anyone

35-31 interested in the estate] an interested person and upon such notice as the

35-32 court [or judge shall deem] deems proper, the court [or judge] may

35-33 authorize or direct the special administrator to [pay the interest due] make

35-34 one or more payments on all or any part of the amount so secured.

35-35 2. The order may also direct that interest not yet accrued be paid as it

35-36 becomes due, and the order shall remain in effect and cover such future

35-37 interest unless and until for good cause set aside or modified by the court

35-38 upon petition and notice, in the same manner as [a general] an executor or

35-39 administrator.

35-40 Sec. 177. NRS 140.060 is hereby amended to read as follows:

35-41 140.060 1. [When] If a special administrator is appointed pending

35-42 determination of a contest of a will instituted [prior to the probate thereof,]

35-43 before it is admitted to probate, or pending an appeal from an order

36-1 appointing, suspending or removing an executor or administrator, the

36-2 special administrator [shall have] has the same powers, duties and

36-3 obligations as [a general] an executor or administrator, and the letters of

36-4 administration issued to him [shall] must recite that the special

36-5 administrator is appointed with [the powers of a general administrator.]

36-6 those powers.

36-7 2. If a special administrator has been appointed, and thereafter a

36-8 proceeding to contest a will [prior to the probate thereof] before it is

36-9 admitted to probate has been instituted, the court shall [make] enter an

36-10 order [providing that] granting to the special administrator [shall thereafter

36-11 have] the additional powers, duties and obligations of [a general] an

36-12 executor or administrator and requiring [that he give] such additional bond

36-13 as the court deems proper. The order is not appealable . [, and from the

36-14 time of the approving and filing of any additional bond as may be required,

36-15 the special administrator shall have the powers, duties and obligations of a

36-16 general administrator.]

36-17 Sec. 178. NRS 140.070 is hereby amended to read as follows:

36-18 140.070 [When] If letters testamentary or letters of administration

36-19 [shall be granted on the estate of the deceased,] are granted, the powers of

36-20 [the] a special administrator [shall] cease, and [he shall forthwith] the

36-21 special administrator shall immediately deliver to the executor or

36-22 administrator all the property and effects of the deceased in [his hands,] the

36-23 possession of the special administrator and the executor or administrator

36-24 may prosecute to final judgment any [suit] action commenced by the

36-25 special administrator.

36-26 Sec. 179. NRS 140.080 is hereby amended to read as follows:

36-27 140.080 [The] A special administrator shall also render an account,

36-28 under oath, of [his] the proceedings in like manner as other administrators

36-29 are required to do , [;] but if a person serving as special administrator is

36-30 appointed the succeeding [general] administrator or the executor, the

36-31 accounting otherwise due from [him as] the special administrator may be

36-32 included in [his] the first accounting as [general] administrator or executor.

36-33 Sec. 180. Chapter 141 of NRS is hereby amended by adding thereto

36-34 the provisions set forth as sections 181 and 182 of this act.

36-35 Sec. 181. Letters of special administration may be in substantially

36-36 the following form, after properly entitling the court:

36-37 In the Matter of the Estate of )

36-38 ) Case No.

36-39 )

36-40 deceased. ) Letters of Special Administration

36-41 )

37-1 On _____ (day) _____ (month) _____ (year), the court entered an order

37-2 (admitting the decedent’s will to probate and) appointing       (name)      

37-3 as special administrator of the decedent’s estate. The order includes:

37-4 [ ] a directive for the establishment of a blocked account for sums in

37-5 excess of $__; or

37-6 [ ] a directive for the posting of bond in the sum of $___.

37-7 The special administrator, after being duly qualified, may act and has

37-8 the authority and duties of special administrator.

37-9 In testimony of which, I have this date signed these letters and affixed

37-10 the seal of the court.

37-11 CLERK OF THE COURT

37-12 By

37-13 Deputy Clerk (date)

37-14 OATH

37-15 I, ______________________________________, whose mailing

37-16 address is __________________________________________, solemnly

37-17 affirm that I will faithfully perform according to law the duties of special

37-18 administrator, and that all matters stated in any petition or paper filed

37-19 with the court by me are true of my own knowledge or, if any matters are

37-20 stated on information and belief, I believe them to be true.

37-21

37-22 Special Administrator

37-23 SUBSCRIBED AND AFFIRMED before me this _____ day
37-24 of ______________, ____.

37-25 CLERK OF COURT

37-26 By

37-27 Deputy Clerk

37-28 (or)

37-29 NOTARY PUBLIC

37-30 County of __________ State of

37-31 Sec. 182. After receipt of notice of a proceeding to suspend or

37-32 remove a person as personal representative, the person shall not act

37-33 except to account, correct malfeasance or misfeasance of administration,

37-34 or preserve the estate. If removal is ordered, the court shall also order the

37-35 disposition or transfer of the assets remaining in the name or under the

37-36 control of the personal representative being removed.

37-37 Sec. 183. NRS 141.010 is hereby amended to read as follows:

37-38 141.010 Letters testamentary, letters of administration with the will

37-39 annexed, letters of special administration, and letters of administration

37-40 [shall] must be signed by the clerk and [shall be] under the seal of the

37-41 court.

38-1 Sec. 184. NRS 141.020 is hereby amended to read as follows:

38-2 141.020 Letters testamentary may be in substantially the following

38-3 form , [(] after properly entitling the court [and cause): "The last will of

38-4 ................, deceased, having been duly admitted to probate in our court,

38-5 ................, who is named therein, was by our court on the ..... day of ........,

38-6 ........, duly appointed executor, who, having qualified as such, is hereby

38-7 authorized to act by virtue thereof. In testimony whereof, I have officially

38-8 signed these letters and affixed hereto the seal of the court, this ..... day of

38-9 ........, ........"] :

38-10 In the Matter of the Estate of )

38-11 ) Case No.

38-12 )

38-13 deceased. ) Letters Testamentary

38-14 )

38-15 On _____ (day) _____ (month) _____ (year), the court entered an

38-16 order admitting the decedent’s will to probate and appointing

      (name)       as executor of the decedent’s estate. The order includes:

38-17 [ ] a directive for the establishment of a blocked account for sums in

38-18 excess of $___; or

38-19 [ ] a directive for the posting of a bond in the sum of $_____, or both.

38-20 The executor, after being duly qualified, may act and has the authority

38-21 and duties of an executor.

38-22 In testimony of which, I have this date signed these letters and affixed

38-23 the seal of the court.

38-24 CLERK OF THE COURT

38-25 By

38-26 Deputy Clerk (date)

38-27 OATH

38-28 I,____________________________________, whose mailing address

38-29 is _______________________________________, solemnly affirm that I

38-30 will faithfully perform according to law the duties of executor, and that

38-31 all matters stated in any petition or paper filed with the court by me are

38-32 true of my own knowledge or, if any matters are stated on information

38-33 and belief, I believe them to be true.

38-34

38-35 Executor

38-36 SUBSCRIBED AND AFFIRMED before me this ______ day
38-37 of ______________, ____.

39-1 CLERK OF COURT

39-2 By

39-3 Deputy Clerk

39-4 (or)

39-5 NOTARY PUBLIC

39-6 County of __________ State of

39-7 Sec. 185. NRS 141.030 is hereby amended to read as follows:

39-8 141.030 Letters of administration with the will annexed may be in

39-9 substantially [in] the following form , [(] after properly entitling the court

39-10 [and cause): "The last will of ................, deceased, having been duly

39-11 admitted to probate in our court, and there being no executor named in the

39-12 will (or as the case may be), ................ was by our court, on the ..... day of

39-13 ........, ........, duly appointed as administrator with the will annexed, and

39-14 who, having duly qualified as such, is hereby authorized to act by virtue

39-15 thereof. In testimony whereof, I have officially signed these letters and

39-16 affixed hereto the seal of the court, this ..... day of ........, ........"] :

39-17 In the Matter of the Estate of )

39-18 ) Case No.

39-19 )

39-20 deceased. ) Letters of Administration With Will Annexed

39-21 )

39-22 On _____ (day) _____ (month) _____ (year), the court entered an

39-23 order admitting the decedent’s will to probate and appointing

      (name)       as administrator with will annexed of the decedent’s

39-24 estate. The order includes:

39-25 [ ] a directive for the establishment of a blocked account for sums in

39-26 excess of $__; or

39-27 [ ] a directive for the posting of bond in the sum of $___.

39-28 The administrator with the will annexed, after being duly qualified,

39-29 may act and has the authority and duties of administrator with will

39-30 annexed.

39-31 In testimony of which, I have this date signed these letters and affixed

39-32 the seal of the court.

39-33 CLERK OF THE COURT

39-34 By

39-35 Deputy Clerk (date)

39-36 OATH

39-37 I,________________________________________, whose mailing

39-38 address is _________________________________________, solemnly

39-39 affirm that I will faithfully perform according to law the duties of

40-1 administrator with the will annexed, and that all matters stated in any

40-2 petition or paper filed with the court by me are true of my own knowledge

40-3 or, if any matters are stated on information and belief, I believe them to

40-4 be true.

40-5

40-6 Administration With Will Annexed

40-7 SUBSCRIBED AND AFFIRMED before me this ______ (day) of

40-8 ______________(month) of ____(year).

40-9 CLERK OF COURT

40-10 By

40-11 Deputy Clerk

40-12 (or)

40-13 NOTARY PUBLIC

40-14 County of __________ State of

40-15 Sec. 186. NRS 141.040 is hereby amended to read as follows:

40-16 141.040 Letters of administration may be in substantially the

40-17 following form , [(] after properly entitling the court [and cause): "This is

40-18 to certify that, by order of the above-named court and entered on the .....

40-19 day of ........, ........, ................ was appointed administrat ........ (or special

40-20 administrat .....) of the estate of ................, deceased, by virtue of which

40-21 these letters are issued this ..... day of ........, ........, he having duly

40-22 qualified. Witness my official signature, with the seal of the court

40-23 affixed."] :

40-24 In the Matter of the Estate of )

40-25 ) Case No.

40-26 )

40-27 deceased. ) Letters of Administration

40-28 )

40-29 On _____ (day) _____ (month) _____ (year), the court entered
40-30 an order appointing       (name)       as administrator of the decedent’s

40-31 estate. The order includes:

40-32 [ ] a directive for the establishment of a blocked account for sums in

40-33 excess of $__; or

40-34 [ ] a directive for the posting of bond in the sum of $___.

40-35 The administrator, after being duly qualified, may act and has the

40-36 authority and duties of administrator.

40-37 In testimony of which, I have this date signed these letters and affixed

40-38 the seal of the court.

40-39 CLERK OF THE COURT

40-40 By

40-41 Deputy Clerk (date)

41-1 OATH

41-2 I,______________________________________, whose mailing

41-3 address is ______________________________________, solemnly

41-4 affirm that I will faithfully perform according to law the duties of

41-5 administrator, and that all matters stated in any petition or paper filed

41-6 with the court by me are true of my own knowledge or, if any matters are

41-7 stated on information and belief, I believe them to be true.

41-8

41-9 Administrator

41-10 SUBSCRIBED AND AFFIRMED before me this ______ (day) of

41-11 ______________ (month) of ____(year).

41-12 CLERK OF COURT

41-13 By

41-14 Deputy Clerk

41-15 (or)

41-16 NOTARY PUBLIC

41-17 County of __________ State of

41-18 Sec. 187. NRS 141.050 is hereby amended to read as follows:

41-19 141.050 If, after granting letters of administration on the ground of

41-20 intestacy, a will of the [deceased shall be] decedent is duly proved and

41-21 allowed by the court, the letters of administration [shall] must be revoked

41-22 and the power of the administrator [shall cease,] ceases, and [he] the

41-23 administrator shall render an account of his administration within such

41-24 time as the court [shall direct.] directs. In such a case, the executor of the

41-25 will, or the administrator with the will annexed, [shall be] is entitled to

41-26 demand, [sue] maintain an action for and collect all the goods, chattels

41-27 and effects of the deceased, remaining unadministered, and may prosecute

41-28 to final judgment any suit commenced by or against the administrator

41-29 before the revocation of [his] that administrator’s letters.

41-30 Sec. 188. NRS 141.060 is hereby amended to read as follows:

41-31 141.060 [In case any] If one of several [executors or administrators]

41-32 personal representatives of the same estate to whom letters [shall] have

41-33 been granted [shall die, become lunatic, be convicted of a felony,] dies,

41-34 becomes incapacitated or disqualified, or otherwise [become] becomes

41-35 incapable of executing the [trust, or, in case] duties of the office, or if the

41-36 letters [testamentary or letters of administration shall be] are revoked or

41-37 annulled according to law with respect to [any one executor or

41-38 administrator,] one personal representative, the remaining [executor or

41-39 administrator] personal representative shall proceed and complete the

41-40 [execution of the will or administration.] administration of the estate.

41-41 Sec. 189. NRS 141.070 is hereby amended to read as follows:

41-42 141.070 If all the [executors or administrators] personal

41-43 representatives die or from any cause become incapable of executing the

42-1 [trust,] duties of their office, or the authority of all of them is revoked or

42-2 annulled according to law, the [district] court shall direct letters [of

42-3 administration with the will annexed, or otherwise, to be issued to the

42-4 surviving husband or wife, next of kin or others, in the same manner as

42-5 directed in relation to original letters of administration. The administrator

42-6 so appointed shall give bond in like penalty, with like sureties and

42-7 conditions as required of administrators, and shall have the same

42-8 authority.] to be issued according to the priority established in NRS

42-9 139.040. The successor personal representative shall post such bond as

42-10 the court may require.

42-11 Sec. 190. NRS 141.080 is hereby amended to read as follows:

42-12 141.080 [An executor or administrator] A personal representative

42-13 may resign [his] the appointment at any time, by a writing filed [in the

42-14 district] with the court, to take effect upon the settlement of [his] the

42-15 accounts. If, however, by reason of any delay in [such] the settlement or

42-16 for any other cause, the circumstances of the estate or the rights of those

42-17 interested therein require it, the court, at any time after the tendering of the

42-18 resignation, may revoke the letters of [such executor or administrator and

42-19 appoint in his stead an administrator, either special or general, or with the

42-20 will annexed,] the personal representative and appoint a successor

42-21 personal representative in the same manner as is directed in relation to

42-22 original letters . [of administration.] The liability of the [outgoing executor

42-23 or administrator] previous personal representative or of the sureties on

42-24 [his bond shall not in any manner be] the bond of the personal

42-25 representative is not discharged, released or affected by [such] the

42-26 resignation or appointment, but [shall continue until the executor or

42-27 administrator] continues until the personal representative has delivered up

42-28 all the estate to the [person whom the court shall appoint to receive the

42-29 same.] successor and filed an accounting in accordance with NRS

42-30 150.080, and the accounting has been approved by the court.

42-31 Sec. 191. NRS 141.090 is hereby amended to read as follows:

42-32 141.090 [Whenever a district judge] If a court has reason to believe,

42-33 from [his] its own knowledge or from credible information, that [any

42-34 executor or administrator:] a personal representative:

42-35 1. Has wasted, converted to [his] the personal representative’s own

42-36 use [,] or mismanaged, or is about to waste or convert to [his] the personal

42-37 representative’s own use, the property of the estate committed to [his

42-38 charge; or] the personal representative’s charge;

42-39 2. Has committed or is about to commit any wrong or fraud upon the

42-40 estate; [or]

42-41 3. Has become [incompetent] disqualified to act; [or]

42-42 4. Has wrongfully neglected the estate; or

43-1 5. Has unreasonably delayed the performance of necessary acts in any

43-2 particular as [executor or administrator; he shall,] personal
43-3 representative,

43-4 the court may, by an order entered upon the minutes , [of the court,]

43-5 suspend the powers of the [executor or administrator] personal

43-6 representative until the matter can be investigated [.] , or take such other

43-7 action as it deems appropriate under the circumstances.

43-8 Sec. 192. NRS 141.100 is hereby amended to read as follows:

43-9 141.100 During the suspension of the powers of [an executor or an

43-10 administrator,] a personal representative, as provided in NRS 141.090 [,

43-11 the district court or judge,] and 142.110, the court, if the condition of the

43-12 estate requires , [it,] may appoint a special administrator to take charge of

43-13 [the effects of the estate, who shall give bond and account as other special

43-14 administrators are required to do.] the estate. The special administrator

43-15 must post such bond as the court may require.

43-16 Sec. 193. NRS 141.110 is hereby amended to read as follows:

43-17 141.110 1. [When the suspension has been made,] If an order of

43-18 suspension is entered, the clerk shall issue a citation, reciting the order of

43-19 suspension, to the [executor or administrator] personal representative to

43-20 appear before the court at a time [therein to be] stated, as fixed by the court

43-21 , [or judge,] to show cause why [his] the letters of the personal

43-22 representative should not be revoked.

43-23 2. The citation [shall] must be served [by the sheriff or other person,]

43-24 as provided in [the Nevada Rules of Civil Procedure for service of

43-25 process.] NRS 155.050.

43-26 3. If the [executor or administrator] personal representative has

43-27 absconded or [concealed himself or has removed or absented himself from]

43-28 has left the state, the citation may be served by leaving a copy with [his]

43-29 the personal representative’s attorney of record, if [he is] available, or in

43-30 such manner as the court may direct, and the court [shall have] has

43-31 jurisdiction to proceed as if the citation had been personally served.

43-32 Sec. 194. NRS 141.120 is hereby amended to read as follows:

43-33 141.120 [Any person] An interested person may appear at the hearing

43-34 and file allegations in writing, showing that the [executor or administrator]

43-35 personal representative should be removed. [The allegations shall be heard

43-36 and determined by the court.]

43-37 Sec. 195. NRS 141.130 is hereby amended to read as follows:

43-38 141.130 1. If the [executor or administrator] personal representative

43-39 fails to appear [in obedience to] as required by the citation, or if [he] the

43-40 personal representative appears and the court is satisfied that good

43-41 grounds exist for [his removal, his letters shall] removal, the letters of the

43-42 personal representative must be revoked, and new letters [of

43-43 administration granted anew, as the case may require.] must issue.

44-1 2. In proceedings for the removal of [an executor or administrator,] a

44-2 personal representative, the court may compel [his] the attendance of the

44-3 personal representative by [attachment or other] proper process, and may

44-4 require [him] the personal representative to answer questions, on oath,

44-5 [touching his] relating to the administration, and, upon [his] refusal to do

44-6 so, may commit [him] the personal representative to jail until [he] the

44-7 personal representative obeys or may revoke [his] the letters, or both.

44-8 Sec. 196. NRS 141.140 is hereby amended to read as follows:

44-9 141.140 All acts of [an executor or administrator, as such,] a personal

44-10 representative before the revocation of [his letters testamentary or letters

44-11 of administration, shall be] the letters of the personal representative are as

44-12 valid, [to] for all intents and purposes, as if [he] the personal

44-13 representative had continued lawfully to execute the duties of [his trust.]

44-14 the office.

44-15 Sec. 197. NRS 142.010 is hereby amended to read as follows:

44-16 142.010 1. Before letters [testamentary or letters of administration]

44-17 may be issued to [the executor or administrator he shall] a personal

44-18 representative, the personal representative must take and subscribe an

44-19 oath or affirmation, before a person authorized to administer oaths, that

44-20 [he] the personal representative will perform according to law the duties

44-21 of [executor or administrator.] a personal representative. The oath must be

44-22 filed [and recorded] by the clerk.

44-23 2. The oath of a corporation appointed as [executor or administrator] a

44-24 personal representative may be taken and subscribed by [its president or

44-25 vice president, trust officer, or secretary or treasurer,] an authorized

44-26 representative upon its behalf . [, and the oath of a banking corporation

44-27 may be taken and subscribed by any of the above-named officers, or by its

44-28 cashier, trust officer, assistant trust officer, manager, branch manager or

44-29 other authorized officer.]

44-30 Sec. 198. NRS 142.020 is hereby amended to read as follows:

44-31 142.020 1. [Except as provided in subsection 6, the] The

44-32 requirement of a bond of [an executor, administrator or successor executor

44-33 or administrator] a personal representative is discretionary with the court.

44-34 Whether a bond is expressly required by the will or not, the court may:

44-35 (a) Require a bond if it determines a bond is desirable; or

44-36 (b) Dispense with the requirement of a bond if it determines a bond is

44-37 unnecessary.

44-38 2. The bond must be conditioned so that the [executor or

44-39 administrator] personal representative will faithfully execute the duties of

44-40 the [trust] office according to law, and the bond must be [recorded] filed

44-41 by the clerk.

44-42 3. Personal assets of an estate may be deposited with a domestic

44-43 [banking or trust corporation] financial institution upon such terms as may

45-1 be prescribed by order of the court having jurisdiction of the estate. The

45-2 deposit is subject to the further order of the court. The bond of the

45-3 [executor or administrator] personal representative may be reduced

45-4 accordingly. The personal representative shall file with the clerk the

45-5 acknowledgment of an authorized representative of the financial

45-6 institution that holds the assets deposited, which may be in the following

45-7 form:

45-8 PROOF OF BLOCKED ACCOUNT

45-9 The undersigned affirms that ____________________________, as

45-10 personal representative of the estate of

45-11 ______________________________, deceased, has established an

45-12 account, number ___, entitled "______," in the amount of $_____.

45-13 The undersigned acknowledges that this account bears a

45-14 blocked/frozen designation, and that no money may be removed without

45-15 first presenting an order from the court authorizing the withdrawal.

45-16 Dated on ___________(date), By:

45-17 Title:

45-18 4. During the pendency of the administration, any person, including a

45-19 creditor, having an interest in [the] an estate whose value exceeds $10,000

45-20 may [make a written demand that the executor, administrator or any

45-21 successor submit a bond. Upon receipt of the demand, the executor,

45-22 administrator or any successor shall refrain from exercising any powers,

45-23 except those necessary to preserve the estate, until the bond is filed. The

45-24 executor, administrator or any successor is not required to file a bond in an

45-25 amount which is greater than the amount of the claim of the person having

45-26 an interest in the estate. The court may, upon the petition of the executor,

45-27 administrator or any successor, dispense with the requirement of a bond.]

45-28 file a petition requesting that the personal representative submit

45-29 additional bond. Upon the filing of the petition, the clerk shall set it for

45-30 hearing, and the petitioner shall give notice for the period and in the

45-31 manner provided in NRS 155.010. Upon hearing the petition, the court

45-32 may require the personal representative to file additional bond in the

45-33 amount of the claim of the petitioner, unless it determines that bond

45-34 should be dispensed with or set in a different amount.

45-35 5. The amount of the bond is the estimated value of all personal

45-36 property plus income for 1 year from both real and personal property,

45-37 unless the amount of the bond is expressly mentioned in the will, changed

45-38 by the court [,] or required pursuant to subsection 4.

45-39 6. If a banking corporation, as defined in NRS 657.016, or trust

45-40 company, as defined in NRS 669.070, doing business in this state is

46-1 appointed [executor or administrator] the personal representative of the

46-2 estate of a [deceased,] decedent, no bond is required [of the executor or

46-3 administrator,] unless otherwise specifically required by the court.

46-4 Sec. 199. NRS 142.030 is hereby amended to read as follows:

46-5 142.030 The bond [shall not be] is not void upon the first recovery,

46-6 but may be sued upon from time to time by any person aggrieved in [his or

46-7 her] that person’s own name until the whole penalty is exhausted.

46-8 Sec. 200. NRS 142.035 is hereby amended to read as follows:

46-9 142.035 If [an executor or administrator] a personal representative is

46-10 required by a court pursuant to the provisions of this [Title] chapter to

46-11 provide security in the form of cash or a bond, stipulation or other

46-12 undertaking with one or more sureties, each surety for that security submits

46-13 [himself] to the jurisdiction of the court which ordered the security, and

46-14 irrevocably appoints the clerk of that court as [his] the agent upon whom

46-15 any papers affecting [his] the surety’s liability on the security may be

46-16 served. The liability of the surety may be enforced on [motion] petition

46-17 without the necessity of an independent action. The [motion] petition and

46-18 such notice of the [motion] hearing upon the petition as the court

46-19 prescribes may be served on the clerk of the court, who shall [forthwith]

46-20 mail copies to the surety [if his address is known.] at the surety’s last

46-21 known address.

46-22 Sec. 201. NRS 142.040 is hereby amended to read as follows:

46-23 142.040 [1. In all cases when bonds are required by this Title,] If a

46-24 bond is required under this chapter, the sureties must justify on oath

46-25 before the [judge] court or clerk [of a court having a seal,] or before a

46-26 notary public, or a justice of the peace of the county, to the effect that they

46-27 are householders, or freeholders, within this state, and worth the amount

46-28 for which they become surety, over and above all just debts and liabilities,

46-29 exclusive of property exempt from execution. The justification must be

46-30 signed by the sureties and certified by the person taking the justification,

46-31 and endorsed on or attached to and filed with the bond.

46-32 [2. Upon filing, the clerk shall enter in the register of actions the date

46-33 and amount of the bond and the name or names of the surety or sureties

46-34 thereon. In the event of the loss of the bond, the entry so made is prima

46-35 facie evidence of the due execution of the bond as required by law.

46-36 3. When the whole penal sum of the bond exceeds $2,000 sureties may

46-37 go thereon for any sum not less than $500, so that the whole be equal to

46-38 two sufficient sureties for the whole penal sum.]

46-39 Sec. 202. NRS 142.050 is hereby amended to read as follows:

46-40 142.050 1. Before [the district judge] a court approves any bond

46-41 required [by this Title he may, of his] under this chapter, it may, on its

46-42 own motion, or at any time after the approval of a bond upon [motion of

46-43 any person interested in the estate,] petition of an interested person,

47-1 supported by affidavit that any one or all of the sureties is or are not worth

47-2 as much as justified to, order a citation to issue, requiring the surety or

47-3 sureties to appear before [him] the court at a particular time and place to

47-4 testify [touching his or their] relating to the property and its value. The

47-5 [judge] court shall, at the time the citation is issued, cause a notice or

47-6 subpoena to issue to the [executor or administrator] personal

47-7 representative requiring his appearance at the return of the citation.

47-8 2. Upon the return of the citation , the [judge must swear] court shall

47-9 question the surety and such witnesses as may be produced [touching]

47-10 concerning the property [and its value] of the surety or sureties [.] and its

47-11 value. If, upon such investigation, the [judge] court is satisfied that the

47-12 bond is insufficient, [he] it may require sufficient additional security within

47-13 such time as [may be reasonable.] it may set.

47-14 Sec. 203. NRS 142.060 is hereby amended to read as follows:

47-15 142.060 If sufficient security is not given within the time fixed by the

47-16 [judge’s] court’s order, or such further time as the [judge may give,] court

47-17 may allow, the right of the [executor or administrator to the administration

47-18 shall cease] personal representative to administer the estate ceases and the

47-19 person next entitled to the administration [on] of the estate, who will

47-20 [execute] post a sufficient bond, [shall] must be appointed to the

47-21 administration.

47-22 Sec. 204. NRS 142.070 is hereby amended to read as follows:

47-23 142.070 [When] If it is expressly provided in the will of a decedent

47-24 that no bond [shall] may be required of the [executor or executrix, letters

47-25 testamentary] personal representative, letters may issue without any bond

47-26 [having been given; but an executor or executrix,] being given, but a

47-27 personal representative to whom letters have been issued without bond [,]

47-28 may, at any time afterward, [whenever it shall be] if it is shown for any

47-29 cause to be necessary or proper, be required to provide and file a bond as

47-30 in other cases.

47-31 Sec. 205. NRS 142.080 is hereby amended to read as follows:

47-32 142.080 1. [Whenever any person interested in an estate shall

47-33 discover] If an interested person discovers that the sureties of [any

47-34 executor or administrator] a personal representative have become or are

47-35 becoming insolvent, or that [they or] any one [have or] of them has

47-36 removed from, or [are or] is about to remove from the state, or that from

47-37 any other cause the bond is insufficient, [such person may apply by

47-38 petition to the district judge praying] the interested person may file a

47-39 petition with the court requesting that further security be given.

47-40 2. If it comes to the knowledge of the [judge] court that the bond is for

47-41 any cause insufficient [he may, of his] , it may, on its own motion, without

47-42 any [application,] petition, require further security.

48-1 3. A personal representative or his counsel, if either becomes aware

48-2 of facts causing a need therefor, shall petition the court for an order ex

48-3 parte increasing a bond to the total appraised value of personal property

48-4 on hand plus 1 year’s estimated income from real and personal property.

48-5 In an accounting, if a bond has been posted, a separate paragraph must

48-6 be included describing the total bond posted, the appraised value of

48-7 personal property on hand plus the estimated annual income from real

48-8 and personal property and a statement of any additional bond thereby

48-9 required.

48-10 Sec. 206. NRS 142.090 is hereby amended to read as follows:

48-11 142.090 1. If the court [or judge] is satisfied from [the] a petition for

48-12 additional bond or otherwise believes that the matter requires

48-13 investigation, a citation must be issued to the [executor or administrator

48-14 requiring him] personal representative requiring the personal

48-15 representative to appear before the [judge] court at a designated time and

48-16 place, to show cause why [he] the personal representative should not give

48-17 further security. The citation must be served on the [executor or

48-18 administrator personally, at least 5 days before the return day. If he has

48-19 absconded or cannot be found, it may be served by leaving a copy of it at

48-20 his residence, or by such publication as the court or judge may order.]

48-21 personal representative pursuant to NRS 155.050.

48-22 2. On the return of the citation or at such other time as the [judge]

48-23 court may appoint, [he] it shall proceed to hear the matter , and if it

48-24 satisfactorily appears that the security, from any cause, is insufficient, [he

48-25 shall make] it shall enter an order requiring the [executor or administrator]

48-26 personal representative to give further security, or to file a new bond in

48-27 the usual form, within a reasonable time, not less than 5 nor more than 30

48-28 days.

48-29 Sec. 207. NRS 142.100 is hereby amended to read as follows:

48-30 142.100 If sufficient security or additional security is not given within

48-31 the time fixed by the [judge’s] court’s order , the right of the [executor or

48-32 administrator to the administration shall cease,] personal representative to

48-33 administer the estate ceases, and the person next entitled to administer the

48-34 estate, who will [execute] post a sufficient bond, must be appointed. If

48-35 letters have already been issued to the [executor or administrator, the same

48-36 shall] personal representative, the letters must be revoked and [his

48-37 authority shall thereupon cease.] the authority of the personal

48-38 representative thereupon ceases. The person next entitled to administer

48-39 the estate, who [shall execute] will post a proper bond, [shall] must be

48-40 appointed, upon giving the [same notice required of other executors and

48-41 administrators, as the case may be.] notice required by NRS 155.010.

48-42 Sec. 208. NRS 142.110 is hereby amended to read as follows:

48-43 142.110 [When]

49-1 1. If a petition is presented [praying that an executor or administrator]

49-2 requesting that a personal representative be required to give further

49-3 security, and [when it also shall be] if it is also alleged on oath or

49-4 affirmation that the [executor or administrator] personal representative is

49-5 wasting the property of the estate, the [judge] court may, by order, suspend

49-6 [his] the powers of the personal representative until the matter can be

49-7 heard and determined.

49-8 2. If an order of suspension is entered, the personal representative is

49-9 restrained as provided in section 182 of this act. After the suspension, the

49-10 personal representative must be cited to show cause and the matter must

49-11 be heard and determined pursuant to NRS 141.130.

49-12 Sec. 209. NRS 142.130 is hereby amended to read as follows:

49-13 142.130 [When] If a surety of [an executor or administrator] a

49-14 personal representative desires to be released from responsibility on

49-15 account of future acts, [he may make application to the court, or a judge

49-16 thereof,] the surety may petition the court for relief. The court [or judge]

49-17 shall cite the [executor or administrator] personal representative to appear

49-18 at a designated time and place and give other security. If the [executor or

49-19 administrator has absconded, left or removed from the state, or if he]

49-20 personal representative cannot be found after due diligence and inquiry,

49-21 the citation may be served by leaving a copy of it at [his] the residence of

49-22 the personal representative, or by serving the attorney of the personal

49-23 representative, or by such publication as the court [or judge may order, all

49-24 in accordance with] orders pursuant to the provisions of NRS 143.190.

49-25 Sec. 210. NRS 142.140 is hereby amended to read as follows:

49-26 142.140 If the [executor or administrator] personal representative

49-27 neglects or refuses to give new sureties, to the satisfaction of the [judge,]

49-28 court, on the return of the citation, the court [or judge] being satisfied the

49-29 citation has been served, or within such reasonable time as the [judge shall

49-30 allow,] court allows, not exceeding 5 days [,] unless the surety [or sureties

49-31 petitioning shall consent] petitioning consents to a longer extension of

49-32 time, the court [or judge] shall revoke the letters granted.

49-33 Sec. 211. NRS 142.150 is hereby amended to read as follows:

49-34 142.150 If new sureties [be] are given to the satisfaction of the [judge,

49-35 he shall thereupon make] court, it shall thereupon enter an order that the

49-36 surety [or sureties] who applied for relief [shall not be] is not liable for any

49-37 subsequent act, default [,] or misconduct of the [executor or administrator.]

49-38 personal representative.

49-39 Sec. 212. Chapter 143 of NRS is hereby amended by adding thereto a

49-40 new section to read as follows:

49-41 A statute of limitations running on a cause of action belonging to a

49-42 decedent, that was not barred as of the date of death, does not bar the

49-43 cause of action sooner than 4 months after the death. A cause of action

50-1 that, but for this section, would be barred less than 4 months after the

50-2 death of the decedent is barred after 4 months unless the running of the

50-3 statute is tolled under other law.

50-4 Sec. 213. NRS 143.010 is hereby amended to read as follows:

50-5 143.010 [When] If there are two [executors or administrators]

50-6 personal representatives, the acts of one alone [shall be] are valid if the

50-7 other is absent from the state, or for any cause is laboring under any legal

50-8 disability, and [when] if there are more than two, the acts of a majority

50-9 [shall be] are sufficient.

50-10 Sec. 214. NRS 143.020 is hereby amended to read as follows:

50-11 143.020 [The executor or administrator shall have] Except as

50-12 otherwise provided in NRS 146.010, a personal representative has a right

50-13 to the possession of all the real, as well as personal, property of the

50-14 [deceased] decedent and may receive the rents and profits of the [real]

50-15 property until the estate [shall be] is settled, or until delivered over by

50-16 order of the [district] court to the heirs or devisees, and shall make a

50-17 reasonable effort to keep in good tenantable repair all houses, buildings

50-18 and [fences] appurtenances thereon which are under [his control.] the

50-19 control of the personal representative.

50-20 Sec. 215. NRS 143.030 is hereby amended to read as follows:

50-21 143.030 1. [The executor or administrator] A personal

50-22 representative shall take into [his] possession all the estate of the

50-23 [deceased,] decedent, real and personal, except that exempted as provided

50-24 in this Title, and shall collect all [debts] receivables due the [deceased or

50-25 to] decedent or the estate.

50-26 2. For the purpose of bringing [suits] actions to quiet title or for

50-27 partition of the estate, the possession of the [executor or administrator]

50-28 personal representative shall be deemed the possession of the heirs or

50-29 devisees. The possession of heirs or devisees [shall be] is subject, however,

50-30 to the possession of the [executor or administrator] personal representative

50-31 for all other purposes.

50-32 Sec. 216. NRS 143.035 is hereby amended to read as follows:

50-33 143.035 1. [An executor or administrator] A personal representative

50-34 shall use reasonable diligence in performing [his] the duties of the

50-35 personal representative and in pursuing the administration of the estate.

50-36 2. [An executor or administrator] A personal representative in charge

50-37 of an estate that has not been closed shall:

50-38 (a) Within 6 months after [his] the personal representative’s

50-39 appointment, where no federal estate tax return is required to be filed for

50-40 the estate; or

50-41 (b) Within 15 months after [his] the personal representative’s

50-42 appointment, where a federal estate tax return is required to be filed for the

50-43 estate,

51-1 file with the [district] court a report explaining why the estate has not been

51-2 closed.

51-3 3. Upon receiving the report, the [court] clerk shall set a time and

51-4 place for a hearing of the report . [, not later than 30 days nor sooner than

51-5 15 days after receiving it. At least 10 days before the hearing, the executor

51-6 or administrator] The personal representative shall send a copy of the

51-7 report and shall give notice of the hearing, [by registered or certified mail,]

51-8 for the period and in the manner provided in NRS 155.010, to:

51-9 (a) Each person whose interest is affected as an heir [, devisee or

51-10 legatee;] or devisee; and

51-11 (b) The welfare division of the department of human resources, if the

51-12 welfare division has filed a claim against the estate.

51-13 4. At the hearing, the court shall determine whether or not the

51-14 [executor or administrator] personal representative has used reasonable

51-15 diligence in [his] the administration of the estate, and if [he] the personal

51-16 representative has not, the court may:

51-17 (a) Subject to the provisions of NRS 143.037:

51-18 (1) Prescribe the time within which the estate must be closed; or

51-19 (2) Allow the [executor or administrator] personal representative

51-20 additional time for closing and order a subsequent report; or

51-21 (b) Revoke the letters of the [executor or administrator,] personal

51-22 representative, appoint a successor and prescribe a reasonable time within

51-23 which the successor shall close the estate.

51-24 Sec. 217. NRS 143.037 is hereby amended to read as follows:

51-25 143.037 1. Except as otherwise provided in this section, [an executor

51-26 or administrator] a personal representative shall close an estate within 18

51-27 months after [his] appointment.

51-28 2. If a claim against the estate is in litigation or in summary

51-29 determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of

51-30 NRS 147.130 or the amount of federal estate tax has not been determined,

51-31 the court, upon petition of a devisee, [legatee,] creditor or heir, shall order

51-32 that:

51-33 (a) A certain amount of money, or certain other assets, be retained by

51-34 the [executor or administrator] personal representative to:

51-35 (1) Satisfy the claim or tax ; [,] and

51-36 (2) Pay any fees or costs related to the claim or tax, including [, but

51-37 not limited to,] fees for appraisals, attorney’s fees and court costs; and

51-38 (b) The remainder of the estate be distributed.

51-39 3. If a contest of the will or a proceeding to determine heirship is

51-40 pending, the court which appointed the [executor or administrator:]

51-41 personal representative:

51-42 (a) Shall order that a certain amount of money, or certain other assets,

51-43 be retained and the remainder of the estate distributed; or

52-1 (b) May, for good cause shown, order that the entire distributable estate

52-2 be retained pending disposition of the contest or proceeding.

52-3 Sec. 218. NRS 143.040 is hereby amended to read as follows:

52-4 143.040 1. [When there was a partnership existing between the

52-5 testator or intestate,] If a partnership existed between the decedent, at the

52-6 time of [his] death, and any other person, the surviving partner [shall have

52-7 the right to] may continue in possession of the effects of the partnership

52-8 and [to] settle its business, but the [interests of the deceased shall] interest

52-9 of the decedent must be included in the inventory and appraised as [other

52-10 property.] an asset of the estate.

52-11 2. The surviving partner shall proceed to settle the affairs of the

52-12 partnership without delay, and shall account to the [executor or

52-13 administrator,] personal representative and pay over such balance as may

52-14 be, from time to time, payable to [him as the representative of his testator

52-15 or intestate.] the estate of the decedent.

52-16 3. Upon the [application of the executor or administrator the court or

52-17 judge] petition of the personal representative, the court may, whenever it

52-18 may appear necessary, order the surviving partner to render an [account,]

52-19 accounting, and in case of neglect or refusal , may, after notice, compel it

52-20 by [attachment; and the executor or administrator] any lawful process, and

52-21 the personal representative may maintain against [him] the surviving

52-22 partner any action which the [deceased] decedent could have maintained.

52-23 4. Upon any sale of a partnership interest , the surviving partner may

52-24 be a bidder.

52-25 Sec. 219. NRS 143.050 is hereby amended to read as follows:

52-26 143.050 After notice given as provided in NRS 155.010 or in such

52-27 other manner as [may be directed by the court or judge thereof,] the court

52-28 directs, the court may authorize the [executor or administrator] personal

52-29 representative to continue the operation of the decedent’s business to such

52-30 an extent and subject to such restrictions as may seem to the court to be for

52-31 the best interest of the estate and [those interested therein.] any interested

52-32 persons.

52-33 Sec. 220. NRS 143.060 is hereby amended to read as follows:

52-34 143.060 Actions for the recovery of any property, real or personal, or

52-35 for the possession thereof, or to quiet title thereto, or to determine any

52-36 adverse claim thereon, and all actions founded upon contracts, may be

52-37 maintained by and against [executors and administrators] a personal

52-38 representative in all cases in which the [same] actions might have been

52-39 maintained by or against [their respective testators or intestates; and all

52-40 judgments quieting title to real property, entered prior to February 7, 1921,

52-41 in actions instituted and maintained by executors or administrators, shall

52-42 have the same force and effect after the lapse of 10 years from the entry

52-43 thereof, unless sooner set aside, as judgments entered in like actions

53-1 instituted and maintained by the heirs or devisees of their respective

53-2 testators or intestates.] the decedent.

53-3 Sec. 221. NRS 143.070 is hereby amended to read as follows:

53-4 143.070 1. [Executors or administrators may maintain actions] A

53-5 personal representative may commence or maintain an action against any

53-6 person [or persons who shall have] who has wasted, destroyed, taken,

53-7 carried away or converted [to his or their own use,] the goods of the

53-8 [testator or intestate in his lifetime.] decedent.

53-9 2. [They] A personal representative may also commence or maintain

53-10 [actions] an action for trespass committed on the real property of the

53-11 [deceased] decedent while living.

53-12 Sec. 222. NRS 143.080 is hereby amended to read as follows:

53-13 143.080 Any person or [his personal representatives shall have] the

53-14 personal representative has a right of action against the [executor or

53-15 administrator of any testator or intestate] personal representative of a

53-16 decedent who, in [his lifetime, shall have] the lifetime of the decedent

53-17 wasted, destroyed, [taken,] took, carried away or converted [to his own

53-18 use] the goods or chattels of [any such] that person, or committed any

53-19 trespass on the real property of [such] that person.

53-20 Sec. 223. NRS 143.090 is hereby amended to read as follows:

53-21 143.090 [Any executor or administrator may, in his own name,] A

53-22 successor personal representative may, for the use and benefit of all

53-23 [parties interested in the estate maintain actions] interested persons,

53-24 maintain an action on the bond of [any former executor or administrator]

53-25 a former personal representative of the same estate.

53-26 Sec. 224. NRS 143.100 is hereby amended to read as follows:

53-27 143.100 If any person, before the granting of letters [testamentary or

53-28 letters of administration, shall convert to his own use, take or alienate]

53-29 converts, takes or alienates any of the [moneys,] money, goods, chattels or

53-30 effects of [any deceased person, he shall stand] a decedent, that person is

53-31 chargeable and [be] liable to an action by the [executor or administrator of

53-32 the estate] personal representative for double the value of the property so

53-33 converted, taken or alienated, to be recovered for the benefit of the estate.

53-34 Sec. 225. NRS 143.110 is hereby amended to read as follows:

53-35 143.110 1. If [any executor or administrator, heir, devisee, legatee,

53-36 creditor or other person interested in the estate of any deceased person

53-37 shall complain, on oath, to the district judge] a personal representative or

53-38 other interested person alleges in a petition to the court that any person

53-39 has, or is suspected to have, concealed, converted , [to his own use,]

53-40 conveyed away or otherwise disposed of any [moneys,] money, goods,

53-41 chattels or effects of the [deceased,] decedent, or that [he has in his] the

53-42 person has possession or knowledge of any deeds, conveyances, bonds,

53-43 contracts or other writings which contain evidence of, or tend to disclose

54-1 the right, title or interest of the [deceased] decedent in or to any real or

54-2 personal property, or any claim or demand, or any last will of the

54-3 [deceased, the judge] decedent, the court may cause [such] that person to

54-4 be cited to appear before the [district] court to answer, upon oath, upon the

54-5 matter of the [complaint.] petition.

54-6 2. If the person [be] is not in the county where letters have been

54-7 granted, [he] the person may be cited and examined either before the

54-8 [district] court of the county where [he] the person may be found, or

54-9 before the court issuing the citation. If [such] the person appears, and

54-10 [shall be] is found innocent, his necessary expenses [shall] must be

54-11 allowed out of the estate.

54-12 Sec. 226. NRS 143.120 is hereby amended to read as follows:

54-13 143.120 1. If the person so cited [should refuse] refuses to appear

54-14 and submit to examination or to testify [touching] concerning the matter of

54-15 the complaint, the court may commit the person to the county jail, there to

54-16 remain confined until [he shall obey] the person obeys the order of the

54-17 court or [be] is discharged according to law.

54-18 2. If, upon examination, it [shall appear] appears that the person has

54-19 concealed, converted , [to his own use,] smuggled, conveyed away, or in

54-20 any manner disposed of any [moneys,] money, goods or chattels of the

54-21 [deceased,] decedent, or that [he has in his] the person has possession or

54-22 [under his] control of any deeds, conveyances, bonds, contracts [,] or other

54-23 writings [,] which contain evidence of, or tend to disclose the right, title,

54-24 interest or claim of the [deceased] decedent to any real or personal

54-25 property, claim or demand, or any last will of the [deceased, the district]

54-26 decedent, the court may [make] enter an order requiring the person to

54-27 deliver any such property or effects to the [executor or administrator]

54-28 personal representative at such time as the court may fix. [Should the

54-29 person fail] If the person fails to comply with the order , the court may

54-30 commit [him] the person to the county jail until the order [shall be] is

54-31 complied with or the person is discharged according to law.

54-32 3. The order of the court for the delivery of [such property shall be]

54-33 the property is prima facie evidence of the right of the [executor or

54-34 administrator] personal representative to the property in any action that

54-35 may be brought for [the recovery thereof,] its recovery, and any judgment

54-36 recovered [therein shall] must be for double the value of the property, and

54-37 damages in addition thereto equal to the value of [such] the property.

54-38 4. In addition to the examination of the party, witnesses may be

54-39 produced and examined on either side.

54-40 Sec. 227. NRS 143.130 is hereby amended to read as follows:

54-41 143.130 The [district judge, upon the complaint on oath of any

54-42 executor or administrator, may cause any person who shall have been

54-43 entrusted by the executor or administrator] court, upon the petition of a

55-1 personal representative, may require any person entrusted by the

55-2 personal representative with any part of the estate of the decedent to

55-3 appear before the court and render on oath a full [account] accounting of

55-4 any money, goods, chattels, bonds, accounts, or other papers or effects

55-5 belonging to the estate which [shall] have come into [his] the possession of

55-6 the person in trust for the [executor or administrator.] personal

55-7 representative. If the person so cited [shall fail or refuse] fails or refuses to

55-8 appear and render the [account, he may be proceeded against,] accounting,

55-9 the court may proceed against the person as provided in NRS 143.120.

55-10 Sec. 228. NRS 143.140 is hereby amended to read as follows:

55-11 143.140 1. If a debtor of the decedent is unable to pay all [his] debts,

55-12 the [executor or administrator,] personal representative, with the approval

55-13 of the court, may give [him] the person a discharge upon such terms as

55-14 may appear to the court to be for the best interest of the estate.

55-15 2. A compromise may also be authorized by the court when it appears

55-16 to be just and for the best interest of the estate.

55-17 3. The court may also authorize the [executor or administrator,]

55-18 personal representative, on such terms and conditions as may be approved

55-19 by it, to extend or renew, or in any manner modify the terms of, any

55-20 obligation owing to or running in favor of the decedent or [his estate.] the

55-21 estate of the decedent.

55-22 4. To obtain approval or authorization the [executor or administrator

55-23 shall file a verified petition with the clerk] personal representative shall

55-24 file a petition showing the advantage of the settlement, compromise,

55-25 extension, renewal or modification. The clerk shall set the petition for

55-26 hearing by the court, and [notice thereof shall be given] the petitioner shall

55-27 give notice for the period and in the manner required by NRS 155.010.

55-28 Sec. 229. NRS 143.150 is hereby amended to read as follows:

55-29 143.150 1. If the [deceased, in his lifetime,] decedent conveyed any

55-30 real property or any rights or interests therein, with intent to defraud [his]

55-31 creditors or to avoid any obligation, debt or duty owed another, or so

55-32 conveyed [such] the property that by law the deeds of conveyance are void

55-33 as against creditors, or made a gift of property in [view] contemplation of

55-34 death, and there is a deficiency of assets in the hands of the [executor or

55-35 administrator, the latter, on application] personal representative to pay all

55-36 the expenses and debts of the estate, the personal representative, on

55-37 petition of any creditor, shall commence and prosecute to final judgment

55-38 any proper action for the recovery of the [same] property for the benefit of

55-39 the creditors.

55-40 2. The [executor or administrator] personal representative may also,

55-41 for the benefit of the creditors, [sue] maintain an action for and recover all

55-42 goods, chattels, rights or credits, or their value, which may have been so

56-1 fraudulently conveyed by the [deceased in his lifetime,] decedent,

56-2 whatever may have been the manner of fraudulent conveyance.

57-1 Sec. 230. NRS 143.160 is hereby amended to read as follows:

57-2 143.160 1. [An executor or administrator shall not be] A personal

57-3 representative is not bound to [sue] maintain an action for the estate [, as

57-4 mentioned in] , pursuant to NRS 143.150, for the benefit of the creditors,

57-5 unless a creditor [or creditors of the deceased:

57-6 (a) Make application therefor;] of the decedent:

57-7 (a) Files a petition; and

57-8 (b) [Pay] Pays the costs and expense of the litigation or [give] gives

57-9 such security [therefor as the court or judge shall direct.] as the court

57-10 directs.

57-11 2. All real property so recovered [shall] must be sold for the payment

57-12 of debts in the same manner as prescribed in this Title for sales of real

57-13 property by [executors or administrators.] personal representatives.

57-14 3. The proceeds of all goods, chattels, rights or credits so received

57-15 [shall] , after reimbursement of costs and expenses of litigation advanced

57-16 by the creditor, must be applied in payment of debts in the same manner as

57-17 other personal property in the hands of [the executor or administrator.] a

57-18 personal representative.

57-19 Sec. 231. NRS 143.165 is hereby amended to read as follows:

57-20 143.165 1. On petition of [any person who appears to have an

57-21 interest in the estate,] an interested person, the court by temporary order

57-22 may restrain a personal representative from performing specified acts of

57-23 administration, disbursement or distribution, or exercising any powers or

57-24 discharging any duties of [his] the office, or [make] enter any other order

57-25 to secure proper performance of [his duty,] the duties of the office, if it

57-26 appears to the court that the personal representative otherwise may take

57-27 some action that would jeopardize unreasonably the interest of the

57-28 petitioner or of some other interested person. A person with whom the

57-29 personal representative may transact business may be made a party [.] to

57-30 the temporary order.

57-31 2. The matter must be set for hearing within 10 days after [issuance]

57-32 entry of the temporary order unless the parties otherwise agree. Notice as

57-33 the court directs must be given by the petitioner to the personal

57-34 representative and [his] the attorney of record [,] of the personal

57-35 representative, if any, and to any other party named [defendant in the

57-36 petition.

57-37 3. As used in this section:

57-38 (a) "Person" includes, without limitation, a government, governmental

57-39 agency or political subdivision of a government.

57-40 (b) "Personal representative" includes, without limitation, an executor,

57-41 an administrator, a successor personal representative, a special

57-42 administrator and persons who perform substantially the same function

57-43 under the law governing their status.] as a party in the temporary order.

58-1 Sec. 232. NRS 143.170 is hereby amended to read as follows:

58-2 143.170 [No executor or administrator shall] A personal

58-3 representative shall not directly or indirectly purchase any property of the

58-4 estate [he represents.] represented by the personal representative.

58-5 Sec. 233. NRS 143.175 is hereby amended to read as follows:

58-6 143.175 [Executors and administrators may, without court approval,

58-7 deposit or invest funds of the estate in:

58-8 1. United States treasury notes, bills or bonds;

58-9 2. Negotiable commercial paper, not exceeding 180 days maturity, of

58-10 prime quality as defined by a nationally recognized organization which

58-11 rates such securities;

58-12 3. Bankers’ acceptances;

58-13 4. Savings accounts or certificates of deposit in national banks, banks

58-14 chartered by the State of Nevada, federal savings and loan associations or

58-15 savings and loan associations chartered by the State of Nevada; or

58-16 5. Any other investment in which an executor or administrator is

58-17 authorized by law or by a will to invest moneys or funds under his

58-18 control.]

58-19 1. A personal representative may, with court approval:

58-20 (a) Invest the property of the estate, make loans and accept security

58-21 therefor, in the manner and to the extent authorized by the court; and

58-22 (b) Exercise options of the estate to purchase or exchange securities

58-23 or other property.

58-24 2. A personal representative may, without prior approval of the

58-25 court, invest the property of the estate in:

58-26 (a) Savings accounts in a bank or savings and loan association in this

58-27 state, to the extent that the deposit is insured by the Federal Deposit

58-28 Insurance Corporation;

58-29 (b) Interest-bearing obligations of, or fully guaranteed by, the United

58-30 States;

58-31 (c) Interest-bearing obligations of the United States Postal Service or

58-32 the Federal National Mortgage Association;

58-33 (d) Interest-bearing obligations of this state or of a county, city or

58-34 school district of this state;

58-35 (e) Money-market mutual funds that are invested only in obligations

58-36 listed in paragraphs (a) to (d), inclusive; or

58-37 (f) Any other investment authorized by the will of the decedent.

58-38 Sec. 234. NRS 143.180 is hereby amended to read as follows:

58-39 143.180 1. Subject to such regulations as may be prescribed by the

58-40 Federal Housing Administrator, [executors and administrators are

58-41 authorized:

58-42 (a) To make] a personal representative may:

59-1 (a) Make such loans and advances of credit, and purchases of

59-2 obligations representing the loans and advances of credit, as are eligible for

59-3 insurance by the Federal Housing Administrator, and [to] obtain such

59-4 insurance.

59-5 (b) [To make] Make such loans secured by mortgage on real property

59-6 as are eligible for insurance by the Federal Housing Administrator, and [to]

59-7 obtain such insurance.

59-8 (c) [To purchase,] Purchase, invest in, and dispose of notes or bonds

59-9 secured by mortgage insured by the Federal Housing Administrator,

59-10 securities of national mortgage associations, and debentures issued by the

59-11 Federal Housing Administrator.

59-12 2. No law of this state prescribing the nature, amount or form of

59-13 security or requiring security upon which loans or advances of credit may

59-14 be made, or prescribing or limiting interest rates upon loans or advances of

59-15 credit, or prescribing or limiting the period for which loans or advances of

59-16 credit may be made, [shall apply] applies to loans, advances of credit or

59-17 purchases made pursuant to subsection 1.

59-18 3. All above-described loans, advances of credit, and purchases of

59-19 obligations [heretofore] made and insured pursuant to the terms of the

59-20 National Housing Act before October 1, 1999, are hereby validated and

59-21 confirmed.

59-22 Sec. 235. NRS 143.185 is hereby amended to read as follows:

59-23 143.185 [Executors and administrators] A personal representative

59-24 may purchase, invest in, and dispose of:

59-25 1. Farm loan bonds, consolidated farm loan bonds, debentures,

59-26 consolidated debentures and other obligations issued by federal land banks

59-27 and federal intermediate credit banks under the authority of the Federal

59-28 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

59-29 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 [to

59-30 2259, inclusive, as now or hereafter] et seq., as amended; and

59-31 2. Bonds, debentures, consolidated debentures and other obligations

59-32 issued by banks for cooperatives under the authority of the Farm Credit

59-33 Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm

59-34 Credit Act of 1971, 12 U.S.C. §§ 2001 [to 2259, inclusive, as now or

59-35 hereafter] et seq., as amended.

59-36 Sec. 236. NRS 143.187 is hereby amended to read as follows:

59-37 143.187 1. [An executor or administrator] A personal representative

59-38 holding certificates of stock in [such] that capacity may hold [such] the

59-39 stock in the name of a nominee without mention [thereof] in the stock

59-40 certificate or registration books, if:

59-41 (a) The [executor’s or administrator’s] records of the personal

59-42 representative and all reports and [accounts he] accountings the personal

60-1 representative renders clearly show [such] the holding and the facts

60-2 regarding [such holding;] it; and

60-3 (b) The nominee deposits with the [executor or administrator] personal

60-4 representative a signed statement of the true interest of the [executor or

60-5 administrator.

60-6 2. An executor or administrator] personal representative.

60-7 2. A personal representative is personally liable for any loss to the

60-8 estate resulting from any act of the nominee in connection with stock so

60-9 held.

60-10 Sec. 237. NRS 143.190 is hereby amended to read as follows:

60-11 143.190 1. Before letters [testamentary, or letters of administration,

60-12 or letters of administration with the will annexed,] are delivered to [any

60-13 executor or administrator, he] a personal representative, the personal

60-14 representative shall file with the county clerk of the county in which the

60-15 administration of the estate is pending a written statement containing [his]

60-16 the name and [his] permanent address [, which] of the personal

60-17 representative. The permanent address may, from time to time, be changed

60-18 [by him] by filing with the county clerk a written statement giving [his] the

60-19 changed address. [His] The permanent address shall be deemed to be that

60-20 contained in the last statement so filed by [him.] the personal

60-21 representative.

60-22 2. The taking of his oath of office by [an executor or by an

60-23 administrator, or by an administrator with the will annexed, representative

60-24 shall be deemed to be and is the equivalent of] a personal representative

60-25 constitutes an appointment [by him] of the county clerk of the county in

60-26 which the administration of the estate is pending to be [his] the true and

60-27 lawful attorney, upon whom all legal process in any action or proceeding

60-28 against the [executor or administrator] personal representative may be

60-29 served, with the same legal force and effect as if served upon [him] the

60-30 personal representative personally within the State of Nevada.

60-31 3. Service of process may be made by mailing by registered or

60-32 certified mail a copy of the process , [(] and if the process is a summons,

60-33 there must be attached thereto a copy of the complaint certified by the

60-34 clerk or the plaintiff’s attorney , [)] directly to the [executor or

60-35 administrator] personal representative at the address contained in the

60-36 statement filed [by him.] with the clerk. This service is sufficient personal

60-37 service upon the [executor or administrator] personal representative if

60-38 proof of [such] the service is filed [in the office of the county] with the

60-39 clerk.

60-40 4. The court in which the action is pending may order such

60-41 continuances as may be necessary to afford the [defendant] personal

60-42 representative reasonable opportunity to defend the action.

61-1 5. The foregoing method of service is cumulative, and does not

61-2 prevent the personal service of process upon the [defendant] personal

61-3 representative within the State of Nevada.

62-1 Sec. 238. NRS 143.200 is hereby amended to read as follows:

62-2 143.200 No action to which [an executor or administrator or

62-3 administrator with the will annexed] a personal representative is a party

62-4 [shall abate] abates by reason of the death, disqualification, resignation or

62-5 removal of [such executor or administrator,] the personal representative,

62-6 but the person who is appointed, qualifies and is acting as [his successor

62-7 shall,] the successor must, upon motion, be substituted as a party to the

62-8 action.

62-9 Sec. 239. NRS 143.210 is hereby amended to read as follows:

62-10 143.210 In actions brought by or against [executors it shall not be]

62-11 personal representatives, it is not necessary to join those as parties who

62-12 have not qualified.

62-13 Sec. 240. NRS 144.010 is hereby amended to read as follows:

62-14 144.010 1. Every [executor or administrator] personal

62-15 representative shall make and [return to the court,] file with the clerk,

62-16 within 60 days after [his] appointment, unless the court [shall extend]

62-17 extends the time, a true inventory and appraisement or record of value of

62-18 all the estate of the [deceased which] decedent that has come to [his] the

62-19 possession or knowledge [.] of the personal representative.

62-20 2. The personal representative, within 10 days after filing the

62-21 inventory with the clerk, shall mail a copy to all the interested heirs of an

62-22 intestate estate, or to the devisees of a testate estate, or to both interested

62-23 heirs and devisees, if a contest of the will of the decedent is pending.

62-24 Proof of the mailing of the copies must be made and filed in the

62-25 proceeding.

62-26 Sec. 241. NRS 144.020 is hereby amended to read as follows:

62-27 144.020 1. [The executor or administrator] A personal

62-28 representative may engage a qualified and disinterested appraiser to

62-29 ascertain the fair market value, as of the decedent’s death, of any asset the

62-30 value of which is subject to reasonable doubt. Different persons may be

62-31 engaged to appraise different kinds of assets included in the estate.

62-32 2. Any such appraiser is entitled to a reasonable compensation for [his]

62-33 the appraisal and may be paid the compensation by the [executor or

62-34 administrator] personal representative out of the estate at any time after

62-35 completion of the appraisal.

62-36 3. [Where] If there is no reasonable doubt as to the value of assets,

62-37 such as money, deposits in banks, bonds, policies of life insurance , or

62-38 securities for money or evidence of indebtedness, [when the same] and the

62-39 asset is equal in value to [money, the executor or administrator] cash, the

62-40 personal representative shall file a verified record of value in lieu of the

62-41 appraisement.

62-42 4. If it appears beyond reasonable doubt that there will be no need to

62-43 sell assets of the estate to pay the debts of the estate or expenses of

63-1 administration, or to divide assets for distribution in kind to the devisees

63-2 or heirs, the personal representative may petition the court for an order

63-3 allowing a verified record of value to be filed in lieu of the appraisement,

63-4 and the court may enter such an order with or without notice.

63-5 Sec. 242. NRS 144.025 is hereby amended to read as follows:

63-6 144.025 1. [The executor or administrator] A personal

63-7 representative may engage a certified public accountant or other expert in

63-8 valuation to ascertain the fair market value, as of the date of the death of

63-9 the decedent, of the interest of the decedent in a corporation, partnership,

63-10 limited-liability company or other [association.] artificial person.

63-11 2. [Any such] The certified public accountant or expert in valuation is

63-12 entitled to a reasonable compensation for his services and may be paid the

63-13 compensation by the [executor or administrator] personal representative

63-14 out of the estate at any time after completion of the report of the valuation.

63-15 Sec. 243. NRS 144.030 is hereby amended to read as follows:

63-16 144.030 1. Before proceeding [to the execution of his duty, each] ,

63-17 an appraiser, certified public accountant or expert in valuation shall certify

63-18 [that he will] a willingness to truly, honestly and impartially appraise or

63-19 value the property according to [the best of his] that person’s best

63-20 knowledge and ability. The certification must be contained in the appraisal

63-21 or valuation or filed with the court.

63-22 2. [He] The appraiser, certified public accountant or expert in

63-23 valuation, shall then proceed to appraise the property of the estate. Each

63-24 item with [an assessed] a value of more than [$100] $500 must be set

63-25 down separately with the value thereof in dollars and cents in figures

63-26 opposite [to] each item.

63-27 3. [Any] An appraiser, certified public accountant or expert in

63-28 valuation who directly or indirectly purchases any property of an estate ,

63-29 [which he has appraised or valued,] without full disclosure to and approval

63-30 by the court, is guilty of a misdemeanor. A sale made in violation of the

63-31 provisions of this subsection is void.

63-32 Sec. 244. NRS 144.040 is hereby amended to read as follows:

63-33 144.040 1. [The inventory shall] An inventory must include all the

63-34 estate of the [deceased,] decedent, wherever situated [.] , that is subject to

63-35 the jurisdiction of the court.

63-36 2. The inventory [shall] must contain:

63-37 (a) All the estate of the [deceased,] decedent, real and personal.

63-38 (b) A statement of all [debts,] receivables, partnerships, and other

63-39 interests, bonds, mortgages, notes, and other securities for the payment of

63-40 money, belonging to the [deceased,] decedent, specifying the name of the

63-41 debtor in each security, the date, the sum originally payable, [the

63-42 endorsements thereon, if any,] any endorsements with their dates, and the

64-1 sum which, in the judgment of the appraiser, may be collectible on each

64-2 debt, interest or security.

64-3 (c) Mortgages of any kind on the real and personal property of the

64-4 estate.

64-5 3. The inventory [shall] must also show:

64-6 (a) So far as can be ascertained, what portion of the estate is community

64-7 property and what portion is the separate property of the [deceased.]

64-8 decedent.

64-9 (b) An account of all [moneys] money belonging to the deceased

64-10 [which] that has come [to the hands of the executor or administrator.] into

64-11 the possession of the personal representative.

64-12 Sec. 245. NRS 144.050 is hereby amended to read as follows:

64-13 144.050 The naming of [any] a person as [executor] personal

64-14 representative in a will [shall] does not operate as a discharge of any just

64-15 [debt] receivable or demand which was due the testator [had against such

64-16 person, but the debt or demand shall] from that person, but the receivable

64-17 or demand must be included in the inventory and the person named as

64-18 [executor shall be liable for the same as for so much money in his hands

64-19 when the debt or demand] personal representative is liable for it when it

64-20 becomes due, unless it [be] is proved that [he] the personal representative

64-21 had not, [either at that time or at any time] then or thereafter, any means

64-22 [wherewith] with which to pay [such debt] the receivable or demand, or

64-23 such part [thereof] as may remain unpaid, and that [such] the inability did

64-24 not arise from any fraud committed by [him,] the personal representative,

64-25 but any commissions allowed [shall] must be applied toward payment of

64-26 the [debts or demands.] receivable or demand.

64-27 Sec. 246. NRS 144.060 is hereby amended to read as follows:

64-28 144.060 The discharge or [bequest in a will of any debt] devise in a

64-29 will of a receivable or demand [of] due the testator [against] from any

64-30 person named as [executor in his] personal representative in the will, or

64-31 [against] from any other person, [shall not be] is not valid against the

64-32 creditors of the [deceased, but shall] decedent, but must be construed as a

64-33 specific bequest only of [such debt] the receivable or demand. The amount

64-34 [thereof shall] must be included in the inventory and , [shall,] if necessary,

64-35 be applied in payment of [his debts.] claims of creditors of the decedent. If

64-36 not necessary for that purpose, it [shall] must be disposed of in the same

64-37 manner as other specific [legacies or bequests.] devises.

64-38 Sec. 247. NRS 144.070 is hereby amended to read as follows:

64-39 144.070 [The executor or administrator] A personal representative

64-40 shall take and subscribe an oath, before any person authorized to

64-41 administer oaths, that the inventory contains a true statement of all the

64-42 estate of the [deceased] decedent which has come [to his] into the

64-43 possession or of which [he] the personal representative has knowledge,

65-1 and particularly of all money belonging to the [deceased,] decedent, and of

65-2 all just claims of the [deceased] decedent, against the [executor or

65-3 administrator.] personal representative. The oath must be endorsed upon

65-4 or annexed to the inventory.

65-5 Sec. 248. NRS 144.080 is hereby amended to read as follows:

65-6 144.080 If [an executor or administrator shall neglect or refuse to

65-7 return] a personal representative neglects or refuses to file the inventory

65-8 within the time prescribed [or such further time as the court or judge, for

65-9 good cause, allow,] by law or extended by the court, the court may, upon

65-10 such notice as it [may prescribe,] deems appropriate, revoke the letters

65-11 [testamentary or letters of administration, and the executor or administrator

65-12 shall be] of the personal representative, and the personal representative is

65-13 liable on his bond for any injuries sustained by the estate through his

65-14 neglect.

65-15 Sec. 249. NRS 144.090 is hereby amended to read as follows:

65-16 144.090 1. [Whenever any property,] If property not mentioned in

65-17 [any inventory that has been made, comes to] an inventory filed with the

65-18 clerk comes into the possession or knowledge of the [executor or

65-19 administrator, he shall return] personal representative, the personal

65-20 representative shall file a supplementary inventory of [such] that property

65-21 within 20 days after [the discovery thereof,] its discovery, in the same

65-22 manner as an original inventory.

65-23 2. The court may enforce the [making] filing of a supplementary

65-24 inventory as [an original.] provided in NRS 144.080.

65-25 Sec. 250. Chapter 145 of NRS is hereby amended by adding thereto

65-26 the provisions set forth as sections 251 and 252 of this act.

65-27 Sec. 251. If at any time after the entry of an order for the summary

65-28 administration of an estate it appears that the gross value of the estate

65-29 exceeds $200,000 as of the death of the decedent, the personal

65-30 representative shall petition the court for an order revoking summary

65-31 administration. The court may, if deemed advisable considering the

65-32 nature, character and obligations of the estate, provide in its order

65-33 revoking summary administration that regular administration of the

65-34 estate may proceed unabated upon providing such portions of the regular

65-35 proceedings and notices as were dispensed with by the order for summary

65-36 administration.

65-37 Sec. 252. 1. Upon the filing of a final account and petition for

65-38 distribution of an estate for which summary administration was ordered,

65-39 the notice of hearing, the account and petition, together with notice of

65-40 the amount agreed or requested as attorney’s fees, must be given to the

65-41 persons entitled thereto.

65-42 2. The petitioner shall give notice of hearing for the period and in

65-43 the manner provided in NRS 155.010.

66-1 Sec. 253. NRS 145.020 is hereby amended to read as follows:

66-2 145.020 All proceedings taken under this chapter, whether or not the

66-3 decedent left a will, must be originated by a [verified] petition for letters

66-4 testamentary or letters of administration containing:

66-5 1. Jurisdictional information;

66-6 2. A description of the property of the decedent, including [, without

66-7 limitation,] the character and estimated value of the property; [and

66-8 3. A list of each heir, next of kin, legatee and devisee of the decedent.

66-9 This list must include, without limitation, the name, age, address and

66-10 relationship to the decedent of any such person.]

66-11 3. The names and residences of the heirs and devisees of the

66-12 decedent and the age of any who is a minor and the relationship of each

66-13 heir and devisee to the decedent, so far as known to the petitioner; and

66-14 4. A statement that the person to be appointed as personal

66-15 representative has never been convicted of a felony.

66-16 Sec. 254. NRS 145.030 is hereby amended to read as follows:

66-17 145.030 Notice of a petition for the probate of a will and the issuance

66-18 of letters [testamentary or for letters of administration] must be given as

66-19 provided in NRS 155.010 . [, and the notice to creditors and to the

66-20 administrator of the welfare division of the department of human resources

66-21 must be given as provided in NRS 155.020.]

66-22 Sec. 255. NRS 145.040 is hereby amended to read as follows:

66-23 145.040 [When] If it is made to appear to the court that the gross value

66-24 of the estate does not exceed $200,000, the court may, if deemed advisable

66-25 considering the nature , [and] character and obligations of the estate [and

66-26 the obligations thereof, make] , enter an order for a summary

66-27 administration of the estate.

66-28 Sec. 256. NRS 145.050 is hereby amended to read as follows:

66-29 145.050 The order for a summary administration of the estate must:

66-30 1. Dispense with all regular proceedings and further notices, except for

66-31 the [notice] notices required by NRS 145.030 [and notice of application for

66-32 attorney’s fees;] , 145.070, 145.090, 147.010 and section 238 of this act;

66-33 and

66-34 2. Provide that an inventory and appraisement or record of value be

66-35 [made and returned to the court.] filed with the clerk.

66-36 Sec. 257. NRS 145.060 is hereby amended to read as follows:

66-37 145.060 1. Creditors of the estate must file their claims, due or to

66-38 become due, with the clerk, within 60 days after the mailing [,] to the

66-39 creditors for those required to be mailed, or 60 days after the first

66-40 publication of the notice to creditors pursuant to NRS 155.020, and within

66-41 10 days thereafter the [executor or administrator shall act on the claims

66-42 filed and present them in 3 days thereafter to the judge for his action.]

66-43 personal representative shall allow or reject the claims filed.

67-1 2. Any claim which is not filed within the 60 days is barred forever,

67-2 except that if it is made to appear, by the affidavit of the claimant or by

67-3 other proof to the satisfaction of the court, that the claimant did not have

67-4 notice as provided in NRS 155.020, the claim may be filed at any time

67-5 before the filing of the final account.

67-6 3. Every claim which is filed as provided in this section [,] and

67-7 allowed by the [executor or administrator, and approved by the judge,]

67-8 personal representative, must then, and not until then, be ranked as an

67-9 acknowledged debt of the estate and be paid in the course of

67-10 administration, except that payment of small debts in advance may be

67-11 made pursuant to subsection 3 of NRS 150.230.

67-12 4. If a claim filed by the welfare division of the department of human

67-13 resources is rejected by the [executor or administrator,] personal

67-14 representative, the state welfare administrator [or his designated

67-15 representative] may, within 20 days after receipt of the written notice of

67-16 rejection, petition the [district judge] court for summary determination of

67-17 the claim. A petition for summary determination must be filed with the

67-18 clerk , [of the court,] who shall set the petition for hearing, and the

67-19 petitioner shall give notice [must be given] for the period and in the

67-20 manner required by NRS 155.010. Allowance of the claim by the [judge]

67-21 court is sufficient evidence of its correctness , and it must be paid as if

67-22 previously allowed by the [executor or administrator.] personal

67-23 representative.

67-24 Sec. 258. NRS 145.070 is hereby amended to read as follows:

67-25 145.070 All sales of real property, [where] if summary administration

67-26 is ordered, [shall] must be made upon notice given and in the manner

67-27 required by [this Title for sales of real property.] chapter 148 of NRS.

67-28 Sec. 259. NRS 145.080 is hereby amended to read as follows:

67-29 145.080 [1.] The administration of the estate may be closed and

67-30 distribution made at any time after the expiration of the time for the

67-31 [judge] personal representative to act on the claims, [when it shall appear]

67-32 if it appears to the court that all the debts of the estate, expenses and

67-33 charges of administration and allowances to the family, if any, have been

67-34 paid, and the estate is in condition to be finally settled.

67-35 [2. The court or judge must be satisfied that proper notice of

67-36 appointment and, where applicable, for sales, as provided in NRS 145.070,

67-37 have been given before decreeing distribution of the estate and discharging

67-38 the executor or administrator.]

67-39 Sec. 260. Chapter 146 of NRS is hereby amended by adding thereto a

67-40 new section to read as follows:

67-41 If an order is entered setting apart a homestead, a certified copy of the

67-42 order must be recorded in the office of the county recorder of the county

67-43 in which the property is located.

68-1 Sec. 261. NRS 146.005 is hereby amended to read as follows:

68-2 146.005 The provisions of this chapter are inapplicable to the extent

68-3 that they are inconsistent with the provisions of a premarital agreement

68-4 between the [deceased and his] decedent and the surviving spouse which

68-5 is enforceable pursuant to chapter 123A of NRS.

68-6 Sec. 262. NRS 146.010 is hereby amended to read as follows:

68-7 146.010 Except as provided in NRS 125.510, [when any] if a person

68-8 dies leaving a surviving spouse or a minor child or minor children, the

68-9 surviving spouse, minor child or minor children are entitled to remain in

68-10 possession of the homestead and of all the wearing apparel and provisions

68-11 [on hand] in the possession of the family, and all [of] the household

68-12 furniture, and are also entitled to a reasonable provision for their support,

68-13 to be allowed by the court.

68-14 Sec. 263. NRS 146.020 is hereby amended to read as follows:

68-15 146.020 Upon the [return] filing of the inventory or at any time

68-16 thereafter during the administration [, the court or judge, of his own

68-17 motion, or on application,] of the estate, the court, on its own motion or

68-18 upon petition by an interested person, shall set apart for the use of the

68-19 family of the [deceased] decedent all of the personal property which is

68-20 exempt by law from execution, and [shall] may set apart [the homestead,

68-21 as designated by the general homestead law then in force, whether such the

68-22 homestead has theretofore previously been selected as required by law, or

68-23 not,] a homestead pursuant to NRS 146.050, and the property thus set

68-24 apart [shall not be] is not subject to administration.

68-25 Sec. 264. NRS 146.030 is hereby amended to read as follows:

68-26 146.030 1. If the whole property exempt by law is set apart and is

68-27 not sufficient for the support of the surviving spouse, minor child or minor

68-28 children, the court shall make such reasonable allowance out of the estate

68-29 as is necessary for the maintenance of the family according to their

68-30 circumstances during the progress of the [settlement] administration of the

68-31 estate, which, in case of an insolvent estate, [shall] may not be longer than

68-32 1 year after granting letters of administration.

68-33 2. If the surviving spouse or any minor child has a reasonable

68-34 maintenance derived from other property, and there are other persons

68-35 entitled to a family allowance, the allowance [shall] must be granted only

68-36 to those who do not have [not] such maintenance, or [such] the allowance

68-37 may be apportioned in such manner as may be just.

68-38 Sec. 265. NRS 146.040 is hereby amended to read as follows:

68-39 146.040 [Any] An allowance made by the court [or judge] in

68-40 accordance with the provisions of this chapter [shall] must be paid by the

68-41 [executor or administrator] personal representative in preference to all

68-42 other charges, except funeral charges, expenses of last illness and expenses

69-1 of administration. This may, in the discretion of the court [or judge]

69-2 granting it, take effect from the death of the decedent.

69-3 Sec. 266. NRS 146.050 is hereby amended to read as follows:

69-4 146.050 1. If the homestead was selected by [the husband and wife,]

69-5 spouses, or either of them, during their [coverture,] marriage, and

69-6 recorded while both were living, as provided in chapter 115 of NRS, it

69-7 vests, on the death of either spouse, absolutely in the survivor, unless

69-8 vesting is otherwise required pursuant to subsection 2 of NRS 115.060.

69-9 2. If no homestead was so selected, [but] a homestead [is] may be set

69-10 apart by the court [for a limited period] to the family of the decedent [, as

69-11 provided in this chapter, it] for a limited period if deemed advisable

69-12 considering the needs and resources of the family and the nature,

69-13 character and obligations of the estate. The duration of the homestead

69-14 must be designated in the order setting it apart and may not extend

69-15 beyond the lifetime of the surviving spouse or the minority of any child of

69-16 the decedent, whichever is longer. A homestead so set apart then vests,

69-17 subject to [this] the setting apart:

69-18 (a) If set apart from [his] the separate property [,] of the decedent, in

69-19 the heirs or devisees of the decedent.

69-20 (b) If set apart from community property, one-half in the surviving

69-21 spouse [,] and one-half in the devisees of the decedent, or if no

69-22 [testamentary] disposition is made , then entirely in the surviving spouse.

69-23 3. [If the homestead is set apart by the court for a limited period of

69-24 time, such period must be designated in the order and must not extend

69-25 beyond the lifetime of the surviving spouse or the minority of any child or

69-26 children of the decedent, whichever is longer.

69-27 4.] In either case referred to in subsection 1 or 2, the homestead is not

69-28 subject to the payment of any debt or liability existing against the spouses,

69-29 or either of them, at the time of death of either, [except it be secured by

69-30 lawful liens thereon.] unless the debt or liability is secured by a mortgage

69-31 or lien.

69-32 Sec. 267. NRS 146.070 is hereby amended to read as follows:

69-33 146.070 1. [When] If a person dies leaving an estate [,] the gross

69-34 value of which , after deducting any encumbrances , does not exceed

69-35 $50,000, and there is a surviving spouse or minor child or minor children

69-36 of the [deceased,] decedent, the estate must not be administered upon, but

69-37 the whole [thereof,] estate, after directing such payments as may be

69-38 deemed just, must be, by an order for that purpose, assigned and set apart

69-39 for the support of the surviving spouse or minor child or minor children,

69-40 or for the support of the minor child or minor children, if there is no

69-41 surviving spouse. Even [though] if there is a surviving spouse, the court

69-42 may, after directing such payments, set aside the whole of the estate to the

69-43 minor child or minor children, if it is in their best interests.

70-1 2. [When] If there is no surviving spouse or minor child of the

70-2 [deceased] decedent and the gross value of a decedent’s estate, after

70-3 deducting any encumbrances, does not exceed $50,000, upon good cause

70-4 shown [therefor, the judge may] , the court shall order that the estate

70-5 [must] not be administered upon , but the whole [thereof must] estate be

70-6 assigned and set apart [:

70-7 First:] in the following order:

70-8 (a) To the payment of funeral expenses, expenses of last illness, money

70-9 owed to the department of human resources as a result of payment of

70-10 benefits for Medicaid [,] and creditors, if there are any; and

70-11 [Second:]

70-12 (b) Any balance remaining to the claimant or claimants entitled thereto

70-13 pursuant to [the] a valid will of the decedent, and if there is no valid will,

70-14 pursuant to intestate succession.

70-15 3. [All proceedings] Proceedings taken under this section, whether or

70-16 not the decedent left a valid will, must not begin until at least 30 days after

70-17 the death of the decedent and must be originated by a [verified] petition

70-18 containing:

70-19 (a) A specific description of all [of] the decedent’s property.

70-20 (b) A list of all the liens and [encumbrances] mortgages of record at the

70-21 date of [his] the decedent’s death.

70-22 (c) An estimate of the value of the property.

70-23 (d) A statement of the debts of the decedent so far as known to the

70-24 petitioner.

70-25 (e) The names [, ages] and residences of the [decedent’s heirs, devisees

70-26 and legatees.

70-27 The petition may include a prayer that if the court finds the gross value of

70-28 the estate, less encumbrances, does not exceed $50,000, the estate be set

70-29 aside as provided in this section.] heirs and devisees of the decedent and

70-30 the age of any who is a minor and the relationship of the heirs and

70-31 devisees to the decedent, so far as known to the petitioner.

70-32 4. The clerk shall set the petition for hearing and the petitioner shall

70-33 give notice of the petition and hearing in the manner provided in NRS

70-34 155.010 to the decedent’s heirs [, devisees and legatees] and devisees and

70-35 to the state welfare administrator. If a complete copy of the petition is not

70-36 enclosed with the notice, the notice must include a statement setting forth

70-37 to whom the estate is being set aside.

70-38 5. No court or clerk’s fees may be charged for the filing of any petition

70-39 in, or order of court thereon, or for any certified copy of the petition or

70-40 order in an estate not exceeding $2,500 in value.

70-41 6. If the court finds that the gross value of the estate, less

70-42 encumbrances, does not exceed the sum of $50,000, the court may direct

70-43 that the estate be distributed to the father or mother of [any] a minor heir

71-1 or [legatee,] devisee, with or without the filing of any bond, or to a

71-2 custodian under chapter 167 of NRS, or may require that a general

71-3 guardian be appointed and that the estate be distributed to the guardian,

71-4 with or without bond , as in the discretion of the court [seems] is deemed

71-5 to be in the best interests of the minor. The court may direct the manner in

71-6 which the money may be used for the benefit of the minor.

71-7 Sec. 268. NRS 146.080 is hereby amended to read as follows:

71-8 146.080 1. [When] If a decedent leaves no real property, nor interest

71-9 therein , nor mortgage or lien thereon, in this state, and the gross value of

71-10 the decedent’s property in this state, over and above any amounts due to

71-11 the decedent for services in the Armed Forces of the United States, does

71-12 not exceed $20,000, a person who has a right to succeed to the property of

71-13 the decedent [, a person who is the sole beneficiary under the last will and

71-14 testament of the decedent] under the laws of succession for a decedent

71-15 who died intestate or under the valid will of a decedent who died testate,

71-16 on behalf of all persons entitled to succeed to the property claimed, or the

71-17 state welfare administrator or public administrator on behalf of the state,

71-18 or others entitled to the property, may, 40 days after the death of the

71-19 decedent, without procuring letters of administration or awaiting the

71-20 probate of the will, collect any money due the decedent, receive the

71-21 property of the decedent, and have any evidences of interest, indebtedness

71-22 or right transferred to [him] the claimant upon furnishing the person,

71-23 representative, corporation, officer or body owing the money, having

71-24 custody of the property or acting as registrar or transfer agent of the

71-25 evidences of interest, indebtedness or right, with an affidavit showing the

71-26 right of the affiant or affiants to receive the money or property or to have

71-27 the evidence transferred.

71-28 2. An affidavit made pursuant to this section must state:

71-29 (a) The affiant’s name and address, and that the affiant is entitled by

71-30 law to succeed to the property claimed;

71-31 (b) That the decedent was a resident of Nevada at the time of [his]

71-32 death;

71-33 (c) That the gross value of the decedent’s property in this state, except

71-34 amounts due to the decedent for services in the Armed Forces of the

71-35 United States, does not exceed $20,000, and that the property does not

71-36 include any real property nor interest therein , nor mortgage or lien

71-37 thereon;

71-38 (d) That at least 40 days have elapsed since the death of the decedent;

71-39 (e) That no [application or] petition for the appointment of a personal

71-40 representative is pending or has been granted in any jurisdiction;

71-41 (f) That all debts of the decedent, including funeral and burial expenses

71-42 , and money owed to the department of human resources as a result of the

71-43 payment of benefits for Medicaid, have been paid or provided for;

72-1 (g) A description of the personal property and the portion claimed;

72-2 (h) That the affiant has given written notice, by personal service or by

72-3 certified mail, identifying [his] the affiant’s claim and describing the

72-4 property claimed, to every person whose right to succeed to the decedent’s

72-5 property is equal or superior to that of the affiant, and that at least 14 days

72-6 have elapsed since the notice was served or mailed;

72-7 (i) That the affiant is personally entitled, or the department of human

72-8 resources is entitled, to full payment or delivery of the property claimed or

72-9 is entitled to payment or delivery on behalf of and with the written

72-10 authority of all other successors who have an interest in the property; and

72-11 (j) That the affiant acknowledges [that he understands] an

72-12 understanding that filing a false affidavit constitutes a felony in this state.

72-13 3. If the affiant:

72-14 (a) Submits an affidavit which does not meet the requirements of

72-15 subsection 2 or which contains statements which are not entirely true, any

72-16 money or property [he] the affiant receives is subject to all debts of the

72-17 decedent.

72-18 (b) Fails to give notice to other successors as required by subsection 2,

72-19 any money or property [he] the affiant receives is held by [him] the

72-20 affiant in trust for all other successors who have an interest in the property.

72-21 4. A person who receives an affidavit containing the information

72-22 required by subsection 2 is entitled to rely upon [such] that information,

72-23 and if [he] the person relies in good faith, [he] the person is immune from

72-24 civil liability for actions based on that reliance.

72-25 5. Upon receiving proof of the death of the decedent and an affidavit

72-26 containing the information required by this section:

72-27 (a) A transfer agent of any security shall change the registered

72-28 ownership of the security claimed from the decedent to the person claiming

72-29 to succeed to ownership of that security.

72-30 (b) A governmental agency required to issue certificates of ownership

72-31 or registration to personal property shall issue a new certificate of

72-32 ownership or registration to the person claiming to succeed to ownership of

72-33 the property.

72-34 6. If any property of the estate not exceeding $20,000 is located in a

72-35 state which requires an order of a court for the transfer of the property, or

72-36 if [it] the estate consists of stocks or bonds which must be transferred by

72-37 an agent outside this state, any person qualified under the provisions of

72-38 subsection 1 to have the stocks or bonds or other property transferred [to

72-39 him] may do so by obtaining a court order directing the transfer. The

72-40 person desiring the transfer must file a [verified petition in a court of

72-41 competent jurisdiction] petition, which may be ex parte, containing:

72-42 (a) A specific description of all [of] the property of the decedent.

73-1 (b) A list of all the liens and [encumbrances] mortgages of record at the

73-2 date of the decedent’s death.

73-3 (c) An estimate of the value of the property of the decedent.

73-4 (d) The names, ages of any minors, and residences of the decedent’s

73-5 heirs and [legatees.] devisees.

73-6 (e) A [prayer requesting] request for the court to issue an order

73-7 directing the transfer of the stocks or bonds or other property if the court

73-8 finds the gross value of the estate does not exceed $20,000.

73-9 (f) An attached copy of the executed affidavit made pursuant to

73-10 subsection 2.

73-11 If the court finds that the gross value of the estate does not exceed $20,000

73-12 and the person requesting the transfer is entitled to it, the court may [issue]

73-13 enter an order directing the transfer.

73-14 Sec. 269. NRS 147.010 is hereby amended to read as follows:

73-15 147.010 [An executor or administrator] A personal representative

73-16 shall publish and mail notice to creditors in the manner provided in NRS

73-17 155.020.

73-18 Sec. 270. NRS 147.020 is hereby amended to read as follows:

73-19 147.020 If [an executor or administrator] a personal representative

73-20 dies, resigns or is removed after the expiration of the time for the

73-21 publication or mailing of notice to creditors, [his] the successor need not

73-22 give any further notice to creditors.

73-23 Sec. 271. NRS 147.030 is hereby amended to read as follows:

73-24 147.030 After the notice to creditors has been mailed or published, a

73-25 copy , [thereof,] with the affidavit of publication or, if notice is mailed,

73-26 with [proof] a certificate of mailing, must be filed with the clerk . [of the

73-27 court.]

73-28 Sec. 272. NRS 147.040 is hereby amended to read as follows:

73-29 147.040 1. [All persons having claims,] A person having a claim,

73-30 due or to become due, against the [deceased] decedent must file [their

73-31 claims] his claim with the clerk [of the court] within 90 days after the

73-32 mailing [,] for those required to be mailed, or 90 days after the first

73-33 publication of the notice to creditors pursuant to NRS 155.020.

73-34 2. A creditor who receives a notice to creditors by mail pursuant to

73-35 subsection 5 of NRS 155.020 must file a claim with the clerk within 30

73-36 days after the mailing or 90 days after the first publication of notice to

73-37 creditors pursuant to NRS 155.020, whichever is sooner.

73-38 3. If a claim is not filed with the clerk within [90 days after the first

73-39 publication or mailing of the notice,] the time allowed by subsection 1 or

73-40 2, the claim is forever barred, but [when] if it is made to appear, by the

73-41 affidavit of the claimant or by other proof to the satisfaction of the court,

73-42 that the claimant did not have notice as provided in NRS 155.020 [,] or

74-1 actual notice of the administration of the estate, the claim may be filed at

74-2 any time before the filing of the final account.

74-3 4. The period of 90 days prescribed by this section is reduced to 60

74-4 days if summary administration is granted under chapter 145 of NRS.

74-5 Sec. 273. NRS 147.050 is hereby amended to read as follows:

74-6 147.050 1. If [the executor or administrator] a personal

74-7 representative is a creditor of the decedent [he shall file his] , the claim

74-8 must be filed with the clerk , who must present it for allowance or rejection

74-9 to the [judge.] court. Its allowance by the [judge] court is sufficient

74-10 evidence of its correctness, and it must be paid as other claims in due

74-11 course of administration.

74-12 2. If the [judge] court rejects the claim, action thereon may be [had

74-13 against the executor or administrator as such by the claimant,] brought by

74-14 the personal representative as claimant against the estate, and summons

74-15 must be served upon the [judge, who] court, which shall appoint an

74-16 attorney, at the expense of the estate, to defend the action. If the claimant

74-17 fails to recover , he must pay all costs, including [defendant’s] reasonable

74-18 attorney’s fees [,] for the estate, to be fixed by the court.

74-19 Sec. 274. NRS 147.060 is hereby amended to read as follows:

74-20 147.060 1. If a judge of the district court files or presents a claim

74-21 against [any] the estate of a [deceased person,] decedent, the

74-22 administration of which is pending before [him, such] that judge , the

74-23 judge must designate, in writing, some other district judge [of the district

74-24 court of the State of Nevada,] who, upon presentation of the claim [to him,

74-25 shall be] , is vested with power to approve or reject it.

74-26 2. In case of its rejection by the [executor or administrator or by such]

74-27 designated judge, the claimant has the same right to [sue] bring an action

74-28 for its recovery as other persons whose claims are rejected.

74-29 Sec. 275. NRS 147.070 is hereby amended to read as follows:

74-30 147.070 1. [Every] A claim for an amount of $250 or more filed

74-31 with the clerk must be supported by the affidavit of the claimant that:

74-32 (a) The amount is justly due (or if the claim is not yet due, that the

74-33 amount is a just demand and will be due on the ..... day of ........).

74-34 (b) No payments have been made thereon which are not credited.

74-35 (c) There are no offsets to the amount demanded to the knowledge of

74-36 the claimant or other affiant.

74-37 2. Every claim filed with the clerk must contain the mailing address of

74-38 the claimant. Any written notice mailed by [an executor or administrator] a

74-39 personal representative to the claimant at the address furnished is proper

74-40 notice.

74-41 3. When the affidavit is made by any other person than the claimant,

74-42 the reasons why it is not made by the claimant must be set forth in the

74-43 affidavit.

75-1 4. The oath may be taken before any person authorized to administer

75-2 oaths.

75-3 5. The amount of interest must be computed and included in the

75-4 statement of the claim and the rate of interest determined.

75-5 6. The court may, [in its discretion,] for good cause shown, allow a

75-6 defective claim or affidavit to be corrected or amended on application

75-7 made at any time before the filing of the final account [.] , but an

75-8 amendment may not be made to increase the amount of a claim after the

75-9 time for filing a claim has expired.

75-10 Sec. 276. NRS 147.080 is hereby amended to read as follows:

75-11 147.080 1. If [the claim be] a claim is founded upon a bond, bill,

75-12 note or other instrument, the original instrument need not be filed, but a

75-13 copy, with all endorsements, [may] must be attached to the statement of

75-14 the claim and filed therewith.

75-15 2. If [the claim be] a claim is secured by mortgage [, deed of trust, or

75-16 other evidence of lien, it, or] or lien, a certified copy [from a record, shall]

75-17 of the mortgage or lien must be attached to the claim and filed [therewith.]

75-18 with the clerk.

75-19 Sec. 277. NRS 147.090 is hereby amended to read as follows:

75-20 147.090 [1. No statute of limitations running on a cause of action

75-21 belonging to a decedent which had not been barred as of the date of his

75-22 death bars a cause of action surviving the death of the decedent sooner

75-23 than 4 months after the death. A cause of action which, but for this section,

75-24 would have been barred less than 4 months after death, is barred after 4

75-25 months, unless tolled.

75-26 2.] A claim which is barred by the statute of limitations must not be

75-27 allowed or approved by [the executor or administrator, or by the judge.

75-28 When a claim is presented to a judge for his allowance or approval, he

75-29 may, in his discretion, examine the claimant and others on oath and hear

75-30 any legal evidence touching the validity of the claim.] a personal

75-31 representative or by the court. No claim [,] which has been [allowed,]

75-32 timely filed is affected by the statute of limitations, pending the

75-33 administration of the estate.

75-34 Sec. 278. NRS 147.100 is hereby amended to read as follows:

75-35 147.100 [If an action be]

75-36 1. Except as otherwise ordered by the court for good cause shown,

75-37 an action or proceeding pending against [the deceased] a decedent at the

75-38 time of his [or her death, the plaintiff, in like manner, shall file his claim

75-39 with the clerk, and no recovery shall be held in the action unless proof be

75-40 made of such filing.] death may not be continued against the decedent’s

75-41 personal representative unless:

75-42 (a) A claim is first filed as provided in this chapter;

75-43 (b) The claim is rejected in whole or in part; and

76-1 (c) Within 60 days after notice of rejection is given, the claimant who

76-2 is the plaintiff applies to the court in which the action or proceeding is

76-3 pending for an order substituting the personal representative in the

76-4 action or proceeding. This requirement applies only if the notice of

76-5 rejection contains a statement that the claimant has 60 days within which

76-6 to apply for an order of substitution.

76-7 2. No recovery may be allowed in an action against property in the

76-8 estate of a decedent unless proof is made of compliance with this section.

76-9 Sec. 279. NRS 147.110 is hereby amended to read as follows:

76-10 147.110 1. Within 15 days after the time for filing claims has

76-11 expired, as provided in this chapter, the [executor or administrator]

76-12 personal representative shall examine all claims filed and shall either

76-13 endorse on each claim [his] an allowance or rejection, with the day and the

76-14 year thereof, or shall file a notice of allowance or rejection with the date

76-15 and the year thereof, and [such] the notice of allowance or rejection [shall]

76-16 must be attached to the claim allowed or rejected [.

76-17 2. Within 5 days after the 15 days specified in subsection 1, the

76-18 executor or administrator shall present all claims allowed by him to the

76-19 district judge for his approval or rejection.

76-20 3. If an executor or administrator shall refuse or neglect] and filed

76-21 with the clerk.

76-22 2. If a personal representative refuses or neglects to endorse on a

76-23 claim [his] an allowance or rejection within 15 days, as specified in this

76-24 section, or [shall] does not file a notice of allowance or rejection, the claim

76-25 shall be deemed rejected, but the [executor or administrator] personal

76-26 representative may, nevertheless, allow the claim at any time before the

76-27 filing of the final account.

76-28 3. A personal representative need not allow or reject a claim that was

76-29 not timely filed unless the court otherwise orders.

76-30 Sec. 280. NRS 147.120 is hereby amended to read as follows:

76-31 147.120 All claims [, when] approved by the [judge, shall] personal

76-32 representative or the court must be ranked among the acknowledged debts

76-33 of the estate, to be paid in due course of administration.

76-34 Sec. 281. NRS 147.130 is hereby amended to read as follows:

76-35 147.130 1. [When] If a claim is rejected by the [executor or

76-36 administrator or the district judge,] personal representative or the court, in

76-37 whole or in part, the [holder] claimant must be immediately notified by the

76-38 [executor or administrator, and the holder] personal representative, and

76-39 the claimant must bring suit in the proper court against the [executor or

76-40 administrator] personal representative within 60 days after the notice [,] or

76-41 file a timely petition for summary determination pursuant to subsection 2,

76-42 whether the claim is due or not, or the claim is forever barred. [If the

76-43 holder of a claim resides out of the county, he may] A claimant must be

77-1 informed of the rejection of [his] the claim by written notice forwarded to

77-2 [his post office] the claimant’s mailing address by registered or certified

77-3 mail.

77-4 2. If a claim filed by the welfare division of the department of human

77-5 resources is rejected by the [executor or administrator,] personal

77-6 representative, the state welfare administrator [or his designated

77-7 representative] may, within 20 days after receipt of the written notice of

77-8 rejection, petition the [district judge] court for summary determination of

77-9 the claim. A petition for summary determination must be filed with the

77-10 clerk , [of the court,] who shall set the petition for hearing, and notice must

77-11 be given for the period and in the manner required by NRS 155.010.

77-12 Allowance of the claim by the [judge] court is sufficient evidence of its

77-13 correctness , and it must be paid as if previously allowed by the [executor

77-14 or administrator.] personal representative.

77-15 3. In any [suit] action brought upon a claim rejected in whole or in

77-16 part by the [executor or administrator, if the executor or administrator]

77-17 personal representative, if he resides out of the state [,] or has departed

77-18 from the state, or cannot, after due diligence, be found within the state, or

77-19 conceals himself to avoid the service of summons, the summons, together

77-20 with a copy of the complaint, must be mailed directly to the last address

77-21 given by [the executor or administrator,] him, with a copy to the attorney

77-22 for the estate, and proof of the mailing must be filed with the [county clerk

77-23 of the county] clerk where the administration of the estate is pending. This

77-24 service is the equivalent of personal service upon the [executor or

77-25 administrator, but the defendant] personal representative, but he has 30

77-26 days from the date of [such] service within which to answer.

77-27 4. If the [defendant] personal representative defaults after such

77-28 service, the default is sufficient grounds for his removal as [executor or

77-29 administrator] personal representative by the court without notice. Upon

77-30 petition and notice, in the manner provided for an application for letters of

77-31 administration, an administrator or an administrator with the will annexed

77-32 must be appointed by the court and, upon his qualification as such, letters

77-33 of administration or letters of administration with the will annexed must be

77-34 issued.

77-35 Sec. 282. NRS 147.140 is hereby amended to read as follows:

77-36 147.140 The time during which there [shall be] is a vacancy in the

77-37 administration [shall] must not be included in any limitations prescribed in

77-38 this [Title.] chapter, except as otherwise provided in NRS 147.020.

77-39 Sec. 283. NRS 147.150 is hereby amended to read as follows:

77-40 147.150 No holder of a claim against an estate [shall] may maintain an

77-41 action thereon unless the claim is first filed with the clerk [,] and the claim

77-42 is rejected in whole or in part, except in the following case: An action may

77-43 be brought by the holder of a mortgage [or lien] to enforce the [same]

78-1 mortgage against the property of the estate subject thereto [where] if all

78-2 recourse against any other property of the estate is expressly waived in the

78-3 complaint.

78-4 Sec. 284. NRS 147.160 is hereby amended to read as follows:

78-5 147.160 1. [Whenever the executor or administrator or the district

78-6 judge shall act upon any claim that may be filed, he] A personal

78-7 representative who, or a court which, acts upon a filed claim shall

78-8 endorse on the claim the amount [he is willing to allow.

78-9 2. Should] offered to be allowed.

78-10 2. If the creditor [refuse] refuses to accept the amount offered to be

78-11 allowed in satisfaction of [his claim, he] the claim, the creditor shall

78-12 recover no costs in any action [which he may bring] brought on the claim

78-13 against the [executor or administrator] personal representative unless he

78-14 [shall recover] recovers a greater amount than that offered to be allowed.

78-15 Sec. 285. NRS 147.170 is hereby amended to read as follows:

78-16 147.170 1. If the [executor or administrator] personal representative

78-17 doubts the correctness of any claim filed [or presented he] , the personal

78-18 representative may enter into an agreement in writing with the claimant to

78-19 refer the matter in controversy to some disinterested person, as a master,

78-20 to be approved by the court [or a judge thereof, which] , and the

78-21 agreement and approval [shall] must be filed with the clerk . [, who shall

78-22 thereupon] The court shall enter an order referring the matter in

78-23 controversy to the person so selected [; or,] , or if the parties consent, [a

78-24 reference may be made to] the matter may be heard by the court.

78-25 2. The master must hear and determine the matter and make [his report

78-26 thereon] a report to the court.

78-27 3. The same proceedings [shall] must be had in all respects , and the

78-28 master [shall have] has the same powers, [be] is entitled to the same

78-29 compensation and is subject to the same control as in other cases of

78-30 reference.

78-31 4. The court may remove the master, appoint another , [in his place,]

78-32 set aside or confirm [his] the report, and adjudge costs, as in actions

78-33 against [executors or administrators,] personal representatives, and the

78-34 judgment of the court thereon [shall be] is as valid and effectual, in all

78-35 respects, as if the [same] judgment had been [rendered in a suit] entered in

78-36 an action commenced by ordinary process . [; but the report of the master,

78-37 if confirmed, merely establishes or rejects the claim, the same as if it had

78-38 been allowed or rejected by the executor or administrator or judge.]

78-39 Sec. 286. NRS 147.180 is hereby amended to read as follows:

78-40 147.180 1. After the time for the presentation of claims has expired,

78-41 the [executor or administrator,] personal representative, with the approval

78-42 of the court, may compromise any claim against the estate or any [suit]

78-43 action brought against the [executor or administrator] personal

79-1 representative as such by the transfer of specific assets of the estate or

79-2 otherwise.

79-3 2. To obtain such approval, the [executor or administrator] personal

79-4 representative shall file a [verified] petition with the clerk showing the

79-5 advantage of the compromise.

79-6 3. The clerk shall set the petition for hearing [by the court, and] , and

79-7 the personal representative shall give notice thereof [shall be given] for

79-8 the period and in the manner required by NRS 155.010.

79-9 4. If, under this section, the court authorizes the transfer of real

79-10 property of the estate, conveyances [shall] must be executed by the

79-11 [executor or administrator] personal representative in the same manner as

79-12 provided in NRS 148.280, and [such conveyances shall] have the same

79-13 force and effect as conveyances executed pursuant to that section.

79-14 5. A certified copy of the order authorizing the transfer must be

79-15 recorded in the office of the recorder of the county in which the real

79-16 property, or any portion thereof, [lies.] is located.

79-17 Sec. 287. NRS 147.190 is hereby amended to read as follows:

79-18 147.190 [When] If a judgment [has been] is recovered with costs

79-19 against [any executor or administrator, the executor or administrator shall

79-20 be personally liable for the costs, but they shall] a personal representative,

79-21 the costs must be allowed [him in his administration accounts, unless it

79-22 shall appear] to the personal representative from the accounts of the

79-23 administration, unless it appears that the [suit] action or proceeding in

79-24 which the costs were taxed [shall have been] was prosecuted or resisted by

79-25 the personal representative without cause.

79-26 Sec. 288. NRS 147.200 is hereby amended to read as follows:

79-27 147.200 1. The effect of [any] a judgment rendered against [any

79-28 executor or administrator upon any claim] a personal representative upon

79-29 a claim for money against the estate of [his testator or intestate shall only

79-30 be] the decedent is only to establish the claim in the same manner as if it

79-31 had been allowed by the [executor or administrator and the district judge,]

79-32 personal representative, and the judgment [shall] must be that the

79-33 [executor or administrator] personal representative pay, in due course of

79-34 administration, the amount ascertained to be due.

79-35 2. A certified copy of the judgment [shall] must be filed in the estate

79-36 proceedings.

79-37 3. No execution [shall] may issue upon the judgment, nor [shall] does

79-38 it create any lien upon the property of the estate, nor give the judgment

79-39 creditor any priority of payment.

79-40 4. This section does not apply to a judgment of foreclosure of a [lien.]

79-41 mortgage.

79-42 Sec. 289. NRS 147.210 is hereby amended to read as follows:

80-1 147.210 1. [When any] If a judgment has been [rendered] entered

80-2 against the [deceased in his or her] decedent in the decedent’s lifetime , no

80-3 execution [shall issue thereon after his or her death;] may issue after

80-4 death, but a certified copy of the judgment [shall] must be attached to the

80-5 statement of claim filed with the clerk and [shall] must be acted on as any

80-6 other claim.

80-7 2. If an execution has been [actually] levied upon any property of the

80-8 [deceased in his] decedent in the decedent’s lifetime , the [same] property

80-9 may be sold for the satisfaction [thereof,] of the judgment, and the officer

80-10 making the sale shall account to the [executor or administrator] personal

80-11 representative for any surplus in his hands.

80-12 3. The lien of an attachment may be converted into the lien of a

80-13 judgment on property in the estate subject to the lien of the attachment,

80-14 with the same priority:

80-15 (a) If the judgment debtor dies after entry of judgment; or

80-16 (b) If judgment is entered after the death of the defendant,

80-17 in the action in which the property was attached.

80-18 Sec. 290. NRS 147.220 is hereby amended to read as follows:

80-19 147.220 All claims paid bear interest from date of filing at a rate equal

80-20 to the prime rate at the largest bank in Nevada, as ascertained by the

80-21 commissioner of financial institutions, on January 1 or July 1, as the case

80-22 may be, immediately preceding the date of filing, plus 2 percent, unless a

80-23 different rate is applicable by contract or otherwise. The rate of interest

80-24 must be adjusted accordingly on each January 1 and July 1 thereafter until

80-25 the amount of the [lien] claim is paid.

80-26 Sec. 291. NRS 147.230 is hereby amended to read as follows:

80-27 147.230 No [executor or administrator shall be] personal

80-28 representative is chargeable upon any special promise to [answer] assume

80-29 liability for damages or to pay the debts of the [deceased out of his own

80-30 estate,] decedent from his own assets, unless the agreement for that

80-31 purpose, or some memorandum or note thereof, is in writing and signed by

80-32 [such executor or administrator,] the personal representative, or by some

80-33 other person by him thereunto specially authorized.

80-34 Sec. 292. Chapter 148 of NRS is hereby amended by adding thereto

80-35 the provisions set forth as sections 293 to 297, inclusive, of this act.

80-36 Sec. 293. If a person who is bound by contract in writing to convey

80-37 or transfer property dies before making the conveyance or transfer, and

80-38 the decedent, if living, could have been compelled to make the

80-39 conveyance or transfer, the court in which proceedings are pending for

80-40 the administration of the estate of the decedent may enter an order

80-41 directing the personal representative to convey or transfer the property to

80-42 the persons entitled thereto.

81-1 Sec. 294. 1. The personal representative, or the person claiming to

81-2 be entitled to the conveyance or transfer, may file with the clerk a petition

81-3 setting forth the facts upon which the claim is predicated.

81-4 2. The clerk shall set the petition for hearing, and the petitioner shall

81-5 give notice for the period and in the manner required by NRS 155.010.

81-6 Sec. 295. 1. At the time appointed, the court, upon proof that due

81-7 notice of the hearing has been given, shall hear the petition and any

81-8 objection that has filed or is presented.

81-9 2. If the court is satisfied that the conveyance or transfer should be

81-10 made, it shall enter an order directing the personal representative to

81-11 execute the conveyance or transfer to the person entitled thereto.

81-12 3. If the transaction relates to real property, a certified copy of the

81-13 order must be recorded with the deed in the office of the county recorder

81-14 of the county in which the real property is located.

81-15 Sec. 296. 1. The order is prima facie evidence of the correctness of

81-16 the proceedings and of the authority of the personal representative to

81-17 make the conveyance or transfer, and after its entry, the person entitled

81-18 to the conveyance or transfer has a right to the possession of the property

81-19 contracted for, and to hold the property according to the terms of the

81-20 intended conveyance or transfer, in like manner as if it had been

81-21 conveyed or transferred to the order.

81-22 2. The personal representative shall execute the conveyance or

81-23 transfer according to the directions of the order, and the court may

81-24 enforce its execution by process. The conveyance or transfer passes title

81-25 to the property contracted for as fully as if the contracting party had

81-26 executed it while living.

81-27 Sec. 297. If it appears advantageous to the estate to exchange any

81-28 property of the estate for other property, the court may authorize the

81-29 exchange, upon petition of the personal representative or of an interested

81-30 person. The clerk shall set the petition for hearing, and the petitioner

81-31 shall give notice of the hearing for the period and in the manner required

81-32 by NRS 155.010.

81-33 Sec. 298. NRS 148.050 is hereby amended to read as follows:

81-34 148.050 In selling property to pay debts, [legacies,] devises, family

81-35 allowance or expenses, there [shall be] is no priority between personal and

81-36 real property. When a sale of property of the estate is necessary for any

81-37 such purpose, or when it is for the advantage, benefit and best interests of

81-38 the estate and [those interested therein] any interested persons that any

81-39 property of the estate be sold, the [executor or administrator] personal

81-40 representative may sell the [same,] property, either at public auction or

81-41 private sale, using his discretion as to which property to sell first, except as

81-42 otherwise provided [by NRS 148.010 and 148.020.] in sections 344 and

81-43 384 of this act.

82-1 Sec. 299. NRS 148.060 is hereby amended to read as follows:

82-2 148.060 1. Except as otherwise provided [by] in NRS 148.170 and

82-3 148.180 [,] and in summary administration under chapter 145 of NRS,

82-4 all sales of property must be reported to the court and confirmed by the

82-5 court before the title to the property passes. [The report must be verified.]

82-6 The report and a petition for confirmation of the sale must be made within

82-7 30 days after each sale.

82-8 2. The clerk shall set the petition for hearing by the court , and the

82-9 petitioner shall give notice thereof for the period and in the manner

82-10 required by NRS 155.010, or for such a period and in such manner as may

82-11 be ordered by the court.

82-12 Sec. 300. NRS 148.070 is hereby amended to read as follows:

82-13 148.070 [Any person interested in the estate] An interested person

82-14 may file written objections to the confirmation of the sale and may be

82-15 heard thereon, and may produce witnesses in support of [his] the

82-16 objections. Before an order is made confirming a sale , it must be proved to

82-17 the satisfaction of the court that notice of the sale was given as prescribed

82-18 by this [Title,] chapter, and the order of confirmation must show that such

82-19 proof was made.

82-20 Sec. 301. NRS 148.080 is hereby amended to read as follows:

82-21 148.080 [When] If property is directed by the will to be sold, or

82-22 authority is given in the will to sell the property, the [executor] personal

82-23 representative may sell [the same] it either at public auction or private sale,

82-24 and with or without notice, as [he] the personal representative may

82-25 determine, but [he] the personal representative must make a return of sales

82-26 and obtain confirmation [thereof] as in other cases. In either case , no title

82-27 passes unless the sale is confirmed by the court , [;] but the necessity of the

82-28 sale, or its advantage or benefit to the estate or [those interested therein]

82-29 interested persons need not be shown. If directions are given in the will as

82-30 to the mode of selling, or the particular property to be sold, [such] those

82-31 directions must be observed.

82-32 Sec. 302. NRS 148.090 is hereby amended to read as follows:

82-33 148.090 If the [executor or administrator] personal representative

82-34 neglects or refuses to sell any property of the estate when it is necessary or

82-35 when it is for the advantage, benefit and best interests of the estate and

82-36 [those interested therein, or when the executor] interested persons, or if

82-37 the personal representative is directed by the will to sell the [same, any

82-38 person] property, an interested person may petition the court for an order

82-39 requiring the [executor or administrator] personal representative to sell.

82-40 The clerk shall set the petition for hearing by the court, and the petitioner

82-41 shall give notice [thereof must be given to the executor or administrator] to

82-42 the personal representative by citation served at least 5 days before the

82-43 hearing.

83-1 Sec. 303. NRS 148.100 is hereby amended to read as follows:

83-2 148.100 If there is [any] neglect or misconduct in the proceedings of

83-3 the [executor or administrator] personal representative in relation to any

83-4 sale by which [any person interested in the estate] an interested person

83-5 suffers damage, the person aggrieved may recover [the same] damages in

83-6 an action upon the bond of the [executor or administrator] personal

83-7 representative or otherwise.

83-8 Sec. 304. NRS 148.110 is hereby amended to read as follows:

83-9 148.110 1. The [executor or administrator] personal representative

83-10 may enter into a written contract with any bona fide agent, broker , or

83-11 multiple group of agents or brokers to secure a purchaser for any real

83-12 property of the estate, and by that contract , the [executor or administrator]

83-13 personal representative may grant an exclusive right to sell and shall

83-14 provide for the payment to the agent, broker , or multiple group of agents

83-15 or brokers, out of the proceeds of a sale to any purchaser secured pursuant

83-16 to the contract, of a commission, the amount of which must be fixed and

83-17 allowed by the court upon confirmation of the sale. [When] If the sale is

83-18 confirmed to the purchaser , the contract is binding and valid as against the

83-19 estate for the amount so allowed by the court.

83-20 2. By the execution of any such contract no personal liability [attaches

83-21 to the executor or administrator,] is incurred by the personal

83-22 representative, and no liability of any kind is incurred by the estate unless

83-23 [an actual] a sale is made and confirmed by the court.

83-24 3. The commission must not exceed:

83-25 (a) Ten percent for unimproved real property.

83-26 (b) Seven percent for improved real property.

83-27 Sec. 305. NRS 148.120 is hereby amended to read as follows:

83-28 148.120 When an offer is presented for confirmation by the court,

83-29 other offerors may submit higher bids and the court may confirm the

83-30 highest bid. Upon confirmation, the real estate commission [may] must be

83-31 divided between the listing agent and the agent, if any, who procured the

83-32 purchaser to whom the sale was confirmed, in accordance with the listing

83-33 agreement.

83-34 Sec. 306. NRS 148.130 is hereby amended to read as follows:

83-35 148.130 1. [When] If real or personal property is sold [, which] that

83-36 is subject to a mortgage [, deed of trust,] or other lien which is a valid

83-37 claim against the estate, the purchase money must be applied , after paying

83-38 the necessary expenses of the sale [, first,] :

83-39 (a) First, to the payment and satisfaction of the mortgage [, deed of

83-40 trust,] or other lien [, and the] ; and

83-41 (b) The residue, if any, in due course of administration.

83-42 2. The application of the purchase money to the satisfaction of the

83-43 mortgage [, deed of trust,] or other lien must be made without delay, and

84-1 the property is subject to [such mortgage, deed of trust,] the mortgage or

84-2 other lien until the purchase money has been [actually] so applied.

85-1 Sec. 307. NRS 148.140 is hereby amended to read as follows:

85-2 148.140 The purchase money, or so much thereof as [may be] is

85-3 sufficient to pay [such mortgage, deed of trust,] the mortgage or other lien,

85-4 with interest, and any lawful costs and charges thereon, may be paid to the

85-5 clerk [of the court,] if the mortgagee or other lienholder cannot be found,

85-6 whereupon the mortgage [, deed of trust,] or other lien upon the property

85-7 [shall cease,] ceases, and the purchase money must be paid over by the

85-8 clerk [of the court] without delay, in payment of the expenses of sale, and

85-9 in satisfaction of the obligation [to secure which] secured by the mortgage

85-10 [, deed of trust,] or other lien, [was taken,] and the surplus, if any, at once

85-11 returned to [the executor or administrator,] personal representative unless,

85-12 for good cause shown, after notice to the executor or administrator, the

85-13 court otherwise directs.

85-14 Sec. 308. NRS 148.150 is hereby amended to read as follows:

85-15 148.150 At [any] a sale of real or personal property upon which there

85-16 is a mortgage [, deed of trust,] or lien, the holder thereof may become the

85-17 purchaser, and [his] the receipt for the amount due [him] to the holder

85-18 from the proceeds of the sale is a payment pro tanto.

85-19 Sec. 309. NRS 148.160 is hereby amended to read as follows:

85-20 148.160 1. [It shall be lawful for an executor or administrator to] A

85-21 personal representative may sell the equity of the estate in any property

85-22 which is subject to [any encumbrance, and to] a mortgage or lien and sell

85-23 the [same] property subject to the [encumbrance and to the debt thereby

85-24 secured,] mortgage or lien, upon such proceedings as are [herein]

85-25 prescribed in this chapter for the sale of like property.

85-26 2. [In the event that] If a claim has been filed upon the debt secured by

85-27 the mortgage or lien, no such sale [shall] may be confirmed unless the

85-28 holder of the claim , [shall,] by a signed and acknowledged instrument [,]

85-29 filed in the matter of the estate, [release] releases the estate from all

85-30 liability upon the claim.

85-31 Sec. 310. NRS 148.170 is hereby amended to read as follows:

85-32 148.170 Perishable property and other personal property which will

85-33 depreciate in value if not disposed of promptly, or which will incur loss or

85-34 expense by being kept, and so much other personal property as may be

85-35 necessary to provide the family allowance pending the receipt of other

85-36 sufficient [funds,] money, may be sold without notice, and title [shall pass]

85-37 passes without confirmation , [;] but the [executor, administrator or special

85-38 administrator] personal representative is responsible for the actual value of

85-39 the property unless [, after making a sworn return, and on a proper

85-40 showing, the court shall approve the sale.] he obtains an order approving

85-41 the sale before the closing of the estate.

86-1 Sec. 311. NRS 148.180 is hereby amended to read as follows:

86-2 148.180 1. [Stocks and bonds may be sold and title thereto passed

86-3 without the necessity of confirmation, upon obtaining an order of the court.

86-4 2. A petition for such an order shall be filed with the clerk who shall

86-5 set the same for hearing by the court and shall give notice thereof for the

86-6 period and in the manner required by NRS 155.010, but the court or judge

86-7 may order the notice to be given for a shorter period or dispensed with.

86-8 3. The order shall fix the terms and conditions of sale and may

86-9 dispense with notice of sale when the minimum selling price is fixed, or

86-10 when the securities are to be sold upon an established stock or bond

86-11 exchange.] If the sale of securities is authorized by will or by consent of

86-12 the devisees or heirs to whom the securities are to be distributed, the

86-13 securities may be sold without notice, and title passes without

86-14 confirmation, if the securities are sold upon an established securities

86-15 exchange.

86-16 2. All other securities may be sold upon obtaining an order of the

86-17 court. Upon the filing of a petition requesting such an order, the clerk

86-18 shall set the matter for hearing and the petitioner shall give notice for the

86-19 period and in the manner required by NRS 155.010, but the court may

86-20 shorten the period or dispense with notice.

86-21 Sec. 312. NRS 148.190 is hereby amended to read as follows:

86-22 148.190 1. Except as otherwise provided [by] in NRS 148.080,

86-23 148.170 and 148.180 and in summary administration under chapter 145 of

86-24 NRS, [the executor or administrator] a personal representative may sell

86-25 personal property of the estate only after [he has caused notice to be

86-26 published at least 10 days before the sale in one or more issues of] notice is

86-27 published in a newspaper published in the county where the proceedings

86-28 are pending, if there is such a newspaper [;] , and if not, then in one having

86-29 general circulation in the county [.] , for 2 weeks, consisting of three

86-30 publications 1 week apart, before the day of the sale or, in the case of a

86-31 private sale, before the day on or after which the sale is to be made. For

86-32 good cause shown, the court may decrease the number of publications to

86-33 one and shorten the time for publication to a period not less than 8 days.

86-34 The notice shall include [the time and place of sale, and] a brief description

86-35 of the property to be sold [.] , a place where bids or offers will be received,

86-36 and a day on or after which the sale will be made.

86-37 2. Public sales [must] may be made at the courthouse door, at some

86-38 other public place, at the residence of the decedent or at a place designated

86-39 by the [executor or administrator;] personal representative, but no sale

86-40 may be made of any personal property which is not [present] available for

86-41 inspection at the time of sale, unless the court [shall otherwise order.]

86-42 otherwise orders.

87-1 Sec. 313. NRS 148.200 is hereby amended to read as follows:

87-2 148.200 Personal property may be sold for cash [,] or upon [a] credit.

87-3 Sec. 314. NRS 148.220 is hereby amended to read as follows:

87-4 148.220 1. Notice of the time and place of sale of real property must

87-5 be published in a newspaper published in the county in which the [land]

87-6 property, or some portion [thereof lies,] of the property, is located, if there

87-7 is one so published [(if none,] , and if not, then in such paper as the court

87-8 [or judge may direct)] directs, for 2 weeks, being [3] three publications, 1

87-9 week apart, before the day of sale [,] or, in the case of a private sale, before

87-10 the day on or after which the sale is to be made. For good cause shown,

87-11 the court may decrease the number of publications to one and shorten

87-12 the time for publication to a period not less than 8 days.

87-13 2. [When, however,] If it appears from the inventory and appraisement

87-14 that the value of the property to be sold does not exceed [$500, the

87-15 executor or administrator may, in his discretion,] $5,000, the personal

87-16 representative may dispense with the publication [,] and , in lieu thereof ,

87-17 post a notice of the time and place of sale in [3] three of the most public

87-18 places in the county [,] in which the [land] property, or some portion

87-19 [thereof lies,] of the property, is located, for 2 weeks before the day of the

87-20 sale [,] or, in the case of a private sale, before the day on or after which the

87-21 sale is to be made.

87-22 3. The property proposed to be sold must be described with common

87-23 certainty in the notice.

87-24 Sec. 315. NRS 148.230 is hereby amended to read as follows:

87-25 148.230 1. [Sales] A sale at public auction must be made in the

87-26 county in which the [land lies, and if it lies] real property is located, and if

87-27 it is located in two or more counties, it may be sold in either. The sale must

87-28 be made between the hours of 9 a.m. and [the setting of the sun on the

87-29 same day, and must be made] 5 p.m. on the day named in the notice of

87-30 sale, unless the [same] sale is postponed.

87-31 2. If, at the time appointed for the sale, the [executor or administrator

87-32 deems it for the interest of all persons concerned therein] personal

87-33 representative determines that the [same] sale should be postponed, [he

87-34 may postpone] it may be postponed from time to time, not [exceeding in

87-35 all] to exceed 3 months. In case of a postponement, notice [thereof] must

87-36 be given by a public declaration at the time and place first appointed for

87-37 the sale.

87-38 Sec. 316. NRS 148.240 is hereby amended to read as follows:

87-39 148.240 1. [In the case] The notice of a private sale [, the notice]

87-40 must state a place where bids or offers will be received, and a day on or

87-41 after which the sale will be made, which [day] must be at least [15 days

87-42 from] 2 weeks after the first publication or posting of the notice, and the

87-43 sale [must] may not be made before that day, [but] and must be made

88-1 within 1 year thereafter , [;] but if it is shown that it will be for the best

88-2 interests of the estate, the court [or judge] may, by an order, decrease the

88-3 number of publications and shorten the time of notice, which [shall] may

88-4 not, however, be less than [1 week,] 8 days, and may provide that the sale

88-5 may be made on or after a day less than [15] 2 weeks, but not less than 8

88-6 days [from] after the first publication or posting of the notice, in which

88-7 case the notice of sale and the sale may be made to correspond with [such]

88-8 the order.

88-9 2. The bids or offers must be in writing, and may be left at the place

88-10 designated in the notice or delivered to the [executor or administrator

88-11 personally, or may be filed in the office of the clerk of the court where the

88-12 proceedings are pending,] personal representative personally at any time

88-13 after the first publication or posting of the notice and before the making of

88-14 the sale.

88-15 Sec. 317. NRS 148.260 is hereby amended to read as follows:

88-16 148.260 [No]

88-17 1. Except as otherwise provided in subsection 2, no sale of real

88-18 property at private sale [shall] may be confirmed by the court unless the

88-19 court is satisfied that the sum offered represents the fair market value of

88-20 the property sold, nor unless [such] the real property has been appraised

88-21 within 1 year [of] before the time of [such] sale. If it has not been

88-22 appraised, a new appraisement must be had, as in the case of an original

88-23 appraisement of an estate. This may be done at any time before the sale or

88-24 confirmation thereof.

88-25 2. If the personal representative is the sole devisee or heir of the

88-26 estate, or if all devisees or heirs consent in writing to sale without an

88-27 appraisal, the requirement of an appraisal may be dispensed with and the

88-28 personal representative may rely on the assessed value of the property for

88-29 taxation in obtaining confirmation of the sale.

88-30 Sec. 318. NRS 148.270 is hereby amended to read as follows:

88-31 148.270 1. [Upon] At the hearing , the court [must examine into]

88-32 shall consider the necessity for the sale, or the advantage, benefit and

88-33 interest of the estate in having the sale made, and must examine the return

88-34 and [witnesses] the evidence in relation to the sale.

88-35 2. If it appears to the court that good reason existed for the sale, that

88-36 the sale was legally made and fairly conducted, and complied with the

88-37 requirements of NRS 148.260, that the sum bid is not disproportionate to

88-38 the value, and it does not appear that a sum exceeding the bid by at least 5

88-39 percent if the bid is not more than $100,000, or by at least $5,000 if the bid

88-40 is $100,000 or more, may be obtained, the court shall [make] enter an

88-41 order confirming the sale and directing conveyances to be executed [;

88-42 otherwise] otherwise, it shall vacate the sale . [and direct another to be had,

88-43 of which] If the court directs that the property be resold, notice must be

89-1 given and the sale in all respects conducted as if no previous sale had taken

89-2 place.

89-3 3. [But if] If a written offer of 5 percent or $5,000 more in amount

89-4 than that named in the return is made to the court by a responsible person,

89-5 as provided in subsection 2, and the bid complies with all provisions of the

89-6 law, the court may accept the offer and confirm the sale to that person,

89-7 order a new sale or conduct a public auction in open court.

89-8 4. If a higher bid is received at the time of a hearing to confirm the

89-9 sale, the court may continue the hearing if it finds that the original

89-10 bidder was not notified of the hearing and might desire to increase his

89-11 bid, but failure to notify the original bidder or to continue the hearing is

89-12 not grounds to void an order confirming a sale.

89-13 Sec. 319. NRS 148.280 is hereby amended to read as follows:

89-14 148.280 1. [Conveyances must thereupon] If a sale is confirmed, a

89-15 conveyance must be executed to the purchaser by the [executor or

89-16 administrator, and they] personal representative. The conveyance must

89-17 refer to the order confirming sale and [directing conveyances to be

89-18 executed,] a certified copy of [which] the order must be recorded in the

89-19 office of the recorder of the county in which the [land] property, or any

89-20 portion thereof [lies.] , is located.

89-21 2. [Conveyances so made convey] A conveyance so made conveys all

89-22 the right, title, interest and estate of the decedent in the [premises] property

89-23 at the time of his death , [;] and if [prior to] before the sale, by operation of

89-24 law or otherwise, the estate has acquired any right, title or interest in the

89-25 [premises,] property other than or in addition to that of the decedent at the

89-26 time of his death, [such] that right, title or interest also passes by [such

89-27 conveyances.] the conveyance.

89-28 Sec. 320. NRS 148.290 is hereby amended to read as follows:

89-29 148.290 1. If a sale is made upon [a] credit, the [executor or

89-30 administrator must] personal representative shall take the note or notes of

89-31 the purchaser for the unpaid portion of the purchase money, with a

89-32 mortgage [or deed of trust] on the property to secure their payment.

89-33 2. The mortgage [or deed of trust] may contain a provision for release

89-34 of parts of the property if the court approves the provision.

89-35 Sec. 321. NRS 148.300 is hereby amended to read as follows:

89-36 148.300 If, after the confirmation, the purchaser neglects or refuses to

89-37 comply with the terms of the sale, the court, on motion of the [executor or

89-38 administrator,] personal representative, and after notice to the purchaser,

89-39 may vacate the order of confirmation and order a resale of the property. If

89-40 the amount realized on [such] the resale does not cover the bid and the

89-41 expenses of the previous sale, [such] the purchaser is liable to the estate for

89-42 the deficiency.

90-1 Sec. 322. NRS 148.310 is hereby amended to read as follows:

90-2 148.310 [An executor or administrator] A personal representative

90-3 who fraudulently sells any real property of a decedent contrary to or

90-4 otherwise than under the provisions of this [Title] chapter is liable [in] for

90-5 double the value of the [land] property sold, as liquidated damages, to be

90-6 recovered in an action by the person having an estate of inheritance

90-7 therein.

90-8 Sec. 323. NRS 148.320 is hereby amended to read as follows:

90-9 148.320 The periods of limitation prescribed in NRS 11.270 [shall]

90-10 apply to all actions for the recovery of any property sold by [an executor or

90-11 administrator] a personal representative in accordance with the provisions

90-12 of this [Title,] chapter, and to all actions to set aside such a sale.

90-13 Sec. 324. NRS 148.330 is hereby amended to read as follows:

90-14 148.330 If a decedent, at the time of [his] death, was [possessed of] a

90-15 party to a contract for the purchase of [real property, his] property, the

90-16 interest in [such] the property and under [such] the contract may be sold

90-17 by [his executor or administrator,] the personal representative in the same

90-18 manner as if [he] the decedent had died seised of [such] the property, and

90-19 the same proceedings may be had for that purpose as are prescribed in this

90-20 chapter for the sale of property of which he died seised, except as

90-21 [hereinafter provided.] otherwise provided in this chapter.

90-22 Sec. 325. NRS 148.340 is hereby amended to read as follows:

90-23 148.340 1. The sale must be made subject to all payments which are

90-24 due at the time of sale or which may thereafter become due on the contract,

90-25 and if there are any, the sale must not be confirmed by the court until the

90-26 purchaser executes a bond to the [executor or administrator] personal

90-27 representative for the benefit and indemnity of himself and of the persons

90-28 entitled to the interest of the decedent in the [lands] property so contracted

90-29 for, in double the whole amount of payments then due and thereafter to

90-30 become due on the contract, with such sureties as the court [or judge shall

90-31 approve.] approves.

90-32 2. The bond must be conditioned that the purchaser will make all

90-33 payments for the property which are then due or which become due after

90-34 the date of the sale, and will fully indemnify the [executor or

90-35 administrator] personal representative and the persons so entitled against

90-36 all demands, cost, charges and expenses by reason of any covenant or

90-37 agreement contained in the contract.

90-38 3. A bond need not be given [when] if no claim has been made against

90-39 the estate upon the contract and time for filing or presenting claims has

90-40 expired, nor [when] if the holder of the claim , [shall,] by a signed and

90-41 acknowledged instrument filed in the matter of the estate, [release]

90-42 releases the estate from all liability upon the claim.

91-1 Sec. 326. NRS 148.350 is hereby amended to read as follows:

91-2 148.350 Upon the confirmation of the sale, the [executor or

91-3 administrator must] personal representative shall execute to the purchaser

91-4 an assignment of the contract, which vests in the purchaser, [his] and the

91-5 heirs and assigns [,] of the purchaser, all the right, title and interest of the

91-6 estate, or of the persons entitled to the interest of the decedent, in the

91-7 property sold at the time of the sale, and the purchaser has the same rights

91-8 and remedies against the [vendor of the land] seller of the property as the

91-9 decedent would have had if [he were] living.

91-10 Sec. 327. NRS 148.360 is hereby amended to read as follows:

91-11 148.360 1. To enter into an agreement to sell or to give an option to

91-12 purchase a mining claim , [or claims,] or real property worked as a mine,

91-13 belonging to the estate of a decedent, the [executor or administrator, or any

91-14 person interested in the estate,] personal representative, or an interested

91-15 person, shall file a [verified] petition describing the property in question,

91-16 stating the terms and general conditions of the proposed agreement or

91-17 option, showing the advantage or advantages that may accrue to the estate

91-18 from entering into it, and [praying for] requesting an order authorizing or

91-19 directing its execution.

91-20 2. The clerk shall set the petition for hearing [by the court, and notice

91-21 thereof shall be given] , and the petitioner shall give notice for the period

91-22 and in the manner provided in NRS 155.010.

91-23 Sec. 328. NRS 148.370 is hereby amended to read as follows:

91-24 148.370 1. At the time appointed, the court, upon proof that due

91-25 notice of the hearing has been given, shall proceed to hear the petition and

91-26 any objection thereto that may have been filed or presented , [;] and if,

91-27 after a [full] hearing, the court is satisfied that it will be to the advantage of

91-28 the estate to enter into the proposed agreement, it shall [make] enter an

91-29 order [authorizing and] directing the [executor or administrator] personal

91-30 representative to enter into [such] the agreement of sale or to give [such]

91-31 the option to purchase.

91-32 2. The order may prescribe the terms and conditions of the agreement

91-33 or option.

91-34 3. A certified copy of the order [shall] must be recorded in the office

91-35 of the county recorder of every county in which the [land] property

91-36 affected by the agreement or option, or any portion thereof, [lies.] is

91-37 located.

91-38 Sec. 329. NRS 148.380 is hereby amended to read as follows:

91-39 148.380 1. [At the time of making the order, the court shall] The

91-40 order must fix the amount of such additional bond as [it] the court

91-41 determines should be given by the [executor or administrator, who shall

91-42 not be] personal representative, who is not entitled to receive any of the

92-1 proceeds from the agreement or option until the bond is given and

92-2 approved.

92-3 2. When the order is [made, the executor or administrator] entered, the

92-4 personal representative shall execute, acknowledge and deliver an

92-5 agreement or option to purchase containing the conditions specified in the

92-6 order and setting forth therein that it is made by authority of the order, and

92-7 giving the date of the order.

92-8 Sec. 330. NRS 148.390 is hereby amended to read as follows:

92-9 148.390 If the purchaser or option holder neglects or refuses to

92-10 comply with the terms of the agreement or option, the court, on [motion of

92-11 the executor or administrator,] petition of the personal representative, and

92-12 after notice to the purchaser or option holder, shall [make] enter an order

92-13 canceling the agreement or option [; but such cancellation shall] , but the

92-14 cancellation does not affect any liability [therefore] previously created.

92-15 Sec. 331. NRS 148.400 is hereby amended to read as follows:

92-16 148.400 [When] If the terms of [such] an agreement to sell or option

92-17 to purchase have been complied with by the purchaser or option holder,

92-18 and all payments have been made according to the terms thereof, the

92-19 [executor or administrator must] personal representative shall make a

92-20 return [of his proceedings] to the court and petition for [a confirmation

92-21 thereof, and thereupon notice shall] confirmation. Notice must be given, a

92-22 hearing had, an order made by the court confirming or refusing to confirm

92-23 the proceedings and conveyances executed, in the same manner and with

92-24 like effect as in the case of the sale of [any] real property.

92-25 Sec. 332. Chapter 149 of NRS is hereby amended by adding thereto a

92-26 new section to read as follows:

92-27 1. The personal representative or an interested person may petition

92-28 the court to enter an order:

92-29 (a) If the decedent died in possession of, or holding title to, property

92-30 and the property or an interest in it is claimed by another.

92-31 (b) If the decedent died having a claim to property and another holds

92-32 title to or is in possession of the property.

92-33 2. The petition must state the facts upon which it is based and the

92-34 name and address of each person entitled to notice of the petition.

92-35 3. Upon the filing of the petition, the clerk shall set it for hearing and

92-36 the petitioner shall give notice of the hearing, at least 30 days before the

92-37 time set, to:

92-38 (a) All interested persons, in the manner provided in NRS 155.010.

92-39 (b) Each person claiming an interest in, or having title to or

92-40 possession of the property, and any other person whose right, title or

92-41 interest in or to the property would be affected by the granting of the

92-42 petition, in the manner provided in NRS 155.040.

92-43 (c) Any other person, in the manner directed by the court.

93-1 4. An interested person may request time for filing a response to the

93-2 petition, for discovery, or for other preparation for the hearing, and the

93-3 court may grant a continuance for a reasonable time.

93-4 5. The court shall not grant a petition under this section if it

93-5 determines that the matter should be determined by a civil action.

93-6 6. A person having or claiming title to or an interest in the property

93-7 which is the subject of the petition may, at or before the hearing, object

93-8 to the hearing if the petition is filed in a court which is not the proper

93-9 court under other law for the trial of a civil action seeking the same relief

93-10 and, if the ground for the objection is established, the court shall not

93-11 grant the petition.

93-12 7. If a civil action is pending with respect to the subject matter of the

93-13 petition and jurisdiction was obtained in the court where that action is

93-14 pending before the petition was filed, upon request of a party to the civil

93-15 action, the court shall stay action on the petition until the conclusion of

93-16 the civil action, but the court need not stay action if it determines that the

93-17 civil action was filed for the purpose of delay.

93-18 8. Except as otherwise provided in subsection 5, 6 or 7, if the court is

93-19 satisfied that a conveyance, transfer, delivery or other disposition should

93-20 be made, the court shall enter an order directing the trustee or other

93-21 person having title to or possession of the property to convey, transfer or

93-22 deliver it to the person entitled thereto or granting other appropriate

93-23 relief.

93-24 9. If an order is entered pursuant to subsection 8:

93-25 (a) The order is prima facie evidence of the correctness of the

93-26 proceedings and of the personal representative or other person to execute

93-27 the conveyance or transfer.

93-28 (b) The person entitled under the order has the right to possession of

93-29 the property, and the right to hold the property, according to the terms of

93-30 the order as if the property had been conveyed or transferred.

93-31 (c) The personal representative or other person to whom the order is

93-32 directed shall execute the conveyance or transfer according to the terms

93-33 of the order.

93-34 (d) A conveyance or transfer by the personal representative passes title

93-35 to the property as fully as if the decedent had executed it while living.

93-36 Sec. 333. NRS 149.010 is hereby amended to read as follows:

93-37 149.010 1. [Whenever it shall appear] If it appears to be to the

93-38 advantage of the estate to borrow money upon a note or notes, [either]

93-39 unsecured or to be secured by a security agreement or other lien upon the

93-40 personal property of the decedent [,] or any part thereof, or to be secured

93-41 by a mortgage [or deed of trust] upon the real property of the decedent [,]

93-42 or any part thereof, or to mortgage or [give a deed of trust upon, or to]

93-43 create a security interest or other lien upon [, such] the property or any part

94-1 thereof, in order to pay the debts of the decedent, or [legacies,] devises, or

94-2 expenses or charges of administration, or to pay, reduce, extend or renew

94-3 [some] a security interest or agreement or lien or mortgage [or deed of

94-4 trust already subsisting] existing upon property of the estate, and as often

94-5 as occasion [therefor shall arise] arises in the administration of the estate,

94-6 the court may [authorize, empower and] direct the [executor or

94-7 administrator] personal representative to borrow the money and to execute

94-8 such note or notes [,] and, in a proper case, to execute such mortgage, [or

94-9 deed of trust,] or to give other security by way of security interest or other

94-10 lien, or may authorize, in a proper case, the execution of an extension

94-11 agreement.

94-12 2. [When] If property of the estate consists of an undivided fractional

94-13 interest in real or personal property, and it [shall appear] appears to be to

94-14 the advantage of the estate to borrow money in order to improve, utilize,

94-15 operate or preserve [such] the property jointly with the other co-owner or

94-16 co-owners, or in order to pay, reduce, extend or renew some security

94-17 interest or agreement, lien [, mortgage or deed of trust already subsisting

94-18 upon all such] or mortgage existing upon the property, including the other

94-19 undivided interest or interests therein, the court may [authorize, empower

94-20 and] direct the [executor or administrator] personal representative to

94-21 borrow the money required for [such] those purposes and to join with the

94-22 owner or owners of the other undivided interest or interests in the property,

94-23 or their duly authorized representatives or agents, in the execution of such

94-24 joint and several note or notes as may be necessary, and to join with the

94-25 owner or owners of the other undivided interest or interests in the property,

94-26 or their duly authorized representatives or agents, in the execution of such

94-27 security agreement, lien [, mortgage or deed of trust] or mortgage as may

94-28 be required to secure the payment of [such] the note or notes.

94-29 [3. To obtain such orders, the proceedings to be taken and the effect

94-30 thereof shall be as provided in NRS 149.020 to 149.050, inclusive.]

94-31 Sec. 334. NRS 149.020 is hereby amended to read as follows:

94-32 149.020 1. The [executor or administrator, or any person interested

94-33 in the estate,] personal representative or an interested person shall file a

94-34 [verified] petition showing:

94-35 (a) The particular purpose or purposes for which the order is sought.

94-36 (b) The necessity for or advantage to accrue from entry of the order.

94-37 (c) The amount of money proposed to be raised, if any.

94-38 (d) The rate of interest to be paid.

94-39 (e) The length of time the note or notes are to run.

94-40 (f) A general description of the property proposed to be mortgaged or

94-41 subjected to [such deed of trust,] the security agreement or other lien.

95-1 2. The clerk shall set the petition for hearing [by the court. Notice] and

95-2 the petitioner shall give notice of the hearing [shall be given] in the

95-3 manner required by NRS 155.010 or as the court by order may require.

95-4 Sec. 335. NRS 149.030 is hereby amended to read as follows:

95-5 149.030 1. At the time appointed, the court, upon proof that due

95-6 notice of the hearing has been given, shall proceed to hear the petition and

95-7 any objection [thereto] that may have been filed or presented . [; and if,] If,

95-8 after a [full] hearing, the court is satisfied that it will be to the advantage of

95-9 the estate, it shall [make] enter an order [authorizing and] directing the

95-10 [executor or administrator] personal representative to borrow the money

95-11 and to execute [such] the note or notes, and, in a proper case, to execute

95-12 [such mortgage or deed of trust, or to] the mortgage or give other security

95-13 by way of security interest or other lien.

95-14 2. The court may direct that a lesser amount than that named in the

95-15 petition be borrowed, and may prescribe the maximum rate of interest and

95-16 the period of the loan, [and may direct in what coin or currency it shall be

95-17 paid,] and require that the interest and the whole or any part of the

95-18 principal be paid, from time to time, out of the whole estate or any part

95-19 thereof, and that the personal property to be subject to the security

95-20 agreement or other lien, or any [buildings] improvements on the premises

95-21 to be mortgaged [or subject to the deed of trust, shall be] , are insured for

95-22 the further security of the lender, and the premiums paid from the assets of

95-23 the estate.

95-24 3. A certified copy of the order [shall] must be recorded in the office

95-25 of the county recorder of every county in which the [land] property

95-26 affected by the order, or any portion thereof, [lies.] is located.

95-27 Sec. 336. NRS 149.040 is hereby amended to read as follows:

95-28 149.040 The [executor or administrator] personal representative shall

95-29 execute, acknowledge and deliver the mortgage [, or deed of trust,] or

95-30 other security, as directed, setting forth therein that it is made by authority

95-31 of the order, giving the date of the order. The note or notes and mortgage [,

95-32 or deed of trust,] or other security [, shall] must be signed by the [executor

95-33 or administrator] personal representative as such, and [shall] create no

95-34 personal liability against [the person so signing.] him.

95-35 Sec. 337. NRS 149.050 is hereby amended to read as follows:

95-36 149.050 1. [Every mortgage,] A mortgage or security agreement [or

95-37 deed of trust] so made [shall be] is effectual to mortgage or subject to the

95-38 security agreement [or to the deed of trust] all right, title, interest and estate

95-39 which the decedent had in the property described therein at the time of his

95-40 death or [prior thereto] previously and any right, title or interest in the

95-41 property acquired by the estate of [such] the decedent, by operation of law

95-42 or otherwise, since the time of his death.

96-1 2. Jurisdiction of the court to administer the estate of [such decedent

96-2 shall be] the decedent is effectual to vest the court with jurisdiction to

96-3 [make] enter the order for the note or notes [,] and mortgage [,] or security

96-4 agreement [or deed of trust, and such jurisdiction shall conclusively inure]

96-5 , and the jurisdiction conclusively inures to the benefit of the mortgagee

96-6 named in the mortgage [,] or the secured party named in the security

96-7 agreement [or the trustee and beneficiary named in the deed of trust, his or

96-8 their] and the heirs, successors and assigns [.] of the secured party.

96-9 3. No omission, error or irregularity in the proceedings [shall impair or

96-10 invalidate the same] impairs or invalidates them or the note or notes [,

96-11 mortgage,] or mortgage or security agreement [or deed of trust] given in

96-12 pursuance thereof, and the mortgagee [,] or secured party [or the trustee

96-13 and beneficiary, their] and the heirs, successors and assigns [, shall] of the

96-14 secured party, have and possess the same rights and remedies on the note

96-15 or notes [,] and mortgage [,] or security agreement [or deed of trust] as if it

96-16 had been made by the decedent [prior to] before his death, except that ,

96-17 upon any foreclosure or sale under the mortgage [,] or security agreement ,

96-18 [or deed of trust,] if the proceeds of the sale of the encumbered property

96-19 are insufficient to pay the note or notes, the mortgage [,] or security

96-20 agreement , [or deed of trust,] and the costs or expenses of sale, no

96-21 judgment [shall] may be had or allowed [,] except in cases where the note

96-22 or notes [, mortgage,] or mortgage or security agreement [or deed of trust

96-23 were] was given to pay, reduce, extend or renew a lien [or mortgage,] ,

96-24 mortgage or security agreement [or deed of trust subsisting] existing at the

96-25 time of the death of the decedent and the indebtedness secured thereby was

96-26 an allowed and approved claim against the estate, in which case the part of

96-27 the indebtedness remaining unsatisfied must be classed and paid with other

96-28 allowed claims against the estate.

96-29 Sec. 338. NRS 149.060 is hereby amended to read as follows:

96-30 149.060 [Whenever it shall appear] If it appears to be to the advantage

96-31 of the estate to lease any real property of the decedent, and as often as

96-32 occasion [therefor shall arise] arises in the administration of the estate, the

96-33 court may [authorize and] direct the [executor or administrator] personal

96-34 representative to execute [such] the lease.

96-35 Sec. 339. NRS 149.070 is hereby amended to read as follows:

96-36 149.070 1. To obtain such an order the [executor or administrator, or

96-37 any person interested in the estate,] personal representative or an

96-38 interested person shall file a [verified] petition, showing the advantage to

96-39 accrue from giving the lease, a general description of the property

96-40 proposed to be leased, and the term, rental and general conditions of the

96-41 proposed lease.

97-1 2. The clerk shall set the petition for hearing [by the court. Notice] ,

97-2 and the petitioner shall give notice of the hearing [shall be given] in the

97-3 manner required by NRS 155.010 or as the court by order may require.

97-4 Sec. 340. NRS 149.080 is hereby amended to read as follows:

97-5 149.080 1. At the time appointed, the court shall hear the petition

97-6 and any objection [thereto] that may have been presented , [;] and if the

97-7 court is satisfied that it will be to the advantage of the estate, it shall

97-8 [make] enter an order [authorizing and] directing the [executor or

97-9 administrator to make such] personal representative to make the lease.

97-10 2. The order [shall] must set forth the minimum rental or royalty and

97-11 the period of the lease, which [shall] must be for such time as the court

97-12 may authorize, except as otherwise [herein] provided in subsection 5 with

97-13 respect to a lease for the purpose of production of minerals, oil, gas or

97-14 other hydrocarbon substances or natural steam.

97-15 3. The order may authorize other terms and conditions, including, with

97-16 respect to a lease for the purpose of production of minerals, oil, gas, or

97-17 other hydrocarbon substances or natural steam, a provision for the payment

97-18 of rental and royalty to a depositary, and for the appointment of a common

97-19 agent to represent the interest of all the lessors, and, if the lease is for the

97-20 purpose of production of oil, gas or other hydrocarbon substances or

97-21 natural steam, including a provision for the payment of a compensatory

97-22 royalty in lieu of rental and in lieu of drilling and producing operations on

97-23 the [land] property covered by the lease, and including a provision

97-24 empowering the lessee to enter into any agreement with lessees, operators

97-25 or owners of other [lands] property for the purpose of bringing about the

97-26 cooperative development and operation of all or parts of the field of which

97-27 the leased [land] property is a part, or for the development and operation of

97-28 all or parts of the field as a unit.

97-29 4. If the lease covers additional property owned by other persons or an

97-30 undivided interest of the decedent, or other interest of the decedent less

97-31 than the entire ownership in the property, it may provide for division of

97-32 rental and royalty in the proportion that the [land] property or interest of

97-33 each owner bears to the total area of the [land] property or total interests

97-34 covered by [such] the lease.

97-35 5. A lease for the purpose of production of minerals, oil, gas or other

97-36 hydrocarbon substances or natural steam may be for a fixed period, and so

97-37 long thereafter as minerals, oil, gas or other hydrocarbon substances or

97-38 natural steam are produced in paying quantities from the property leased or

97-39 mining or drilling operations are conducted thereon, and, if the lease

97-40 provides for the payment of a compensatory royalty, so long as [such] the

97-41 compensatory royalty is paid, and, if the [land] property covered by the

97-42 lease is included in an agreement with lessees, operators or owners of other

97-43 [lands] property for cooperative development or unit operation of a larger

98-1 area including the leased [lands,] property, so long as oil, gas or other

98-2 hydrocarbon substances or natural steam are produced in paying quantities

98-3 from any of the [lands] property included in any such agreement or drilling

98-4 operations are conducted thereon.

98-5 6. A certified copy of the order [shall] must be recorded in the office

98-6 of the county recorder of every county in which the leased [land,]

98-7 property, or any portion thereof, [lies.] is located.

98-8 Sec. 341. NRS 149.090 is hereby amended to read as follows:

98-9 149.090 1. The [executor or administrator] personal representative

98-10 shall execute, acknowledge and deliver the lease as directed, setting forth

98-11 therein that it is made by authority of the order, giving the date of the

98-12 order.

98-13 2. [Every] A lease so made [shall be] is effectual to [demise and let the

98-14 premises] lease the property described, at the rent, for the term and upon

98-15 the conditions therein prescribed.

98-16 3. Jurisdiction of the court to administer the estate of the decedent

98-17 [shall be] is effectual to vest the court with jurisdiction to [make] enter the

98-18 order for the lease, and [such jurisdiction shall conclusively inure] that

98-19 jurisdiction conclusively inures to the benefit of the lessee, his heirs,

98-20 successors and assigns.

98-21 4. No [omissions,] omission, error or irregularity in the proceedings

98-22 [shall impair or invalidate the same] impairs or invalidates them or the

98-23 lease made in pursuance thereof.

98-24 Sec. 342. NRS 149.100 is hereby amended to read as follows:

98-25 149.100 [The executor or administrator] A personal representative

98-26 may lease [real] property without an order of court [when] if the tenancy is

98-27 from month to month, or for a term not to exceed 1 year.

98-28 Sec. 343. Chapter 150 of NRS is hereby amended by adding thereto

98-29 the provisions set forth as sections 344, 345 and 346 of this act.

98-30 Sec. 344. 1. If a testator makes provision by will, or designates

98-31 property to be appropriated, for the payment of debts, the expenses of

98-32 administration or family allowances, they must be paid according to that

98-33 provision or out of the property thus appropriated, to the extent that the

98-34 provision or property is sufficient.

98-35 2. To the extent the provision or property is insufficient, any portion

98-36 of the estate not disposed of by the will must be appropriated for that

98-37 purpose. To the extent that is not sufficient, the property given to

98-38 residuary devisees, and thereafter all other property devised, is liable for

98-39 those obligations in proportion to the value or amount of the respective

98-40 devises, but specific devises are exempt from that liability if exemption

98-41 appears to the court necessary to carry out the intent of the testator and

98-42 there is other sufficient property.

99-1 Sec. 345. Until all remaining property is delivered pursuant to an

99-2 order of final distribution, a personal representative shall file with the

99-3 court, annually, an account showing the income he has received, what

99-4 expenditures he has made, what property has been disbursed, or sold and

99-5 at what price, and the nature and value of the property remaining on

99-6 hand.

99-7 Sec. 346. A supplementary account of any receipts and

99-8 disbursements by the personal representative since the filing of his final

99-9 account must be filed before or at the time of making a final distribution,

99-10 unless the distribution is only of real property. A settlement of the

99-11 supplementary account, together with an estimate of the expense of

99-12 closing the estate, must be entered by the court and included in the order.

99-13 The court may order notice of the settlement of the supplementary

99-14 account.

99-15 Sec. 347. NRS 150.010 is hereby amended to read as follows:

99-16 150.010 The [executor or administrator shall] personal representative

99-17 must be allowed all necessary expenses in the [care and management, as

99-18 well as settlement,] administration and settlement of the estate, and fees

99-19 for [his services such fees] services as provided by law [; but when the

99-20 deceased shall, by his will, make] , but if the decedent by will makes some

99-21 other provision for the compensation of [his executor,] the personal

99-22 representative, this shall be deemed a full compensation for [such] those

99-23 services, unless the [executor] personal representative files a renunciation,

99-24 in writing, of all claim for the compensation provided by the will.

99-25 Sec. 348. NRS 150.020 is hereby amended to read as follows:

99-26 150.020 1. [When] If no compensation is provided by the will, or the

99-27 [executor] personal representative renounces all claims thereto, [he] fees

99-28 must be allowed [commissions] upon the whole amount of the estate which

99-29 has been accounted for [by him,] , less liens and encumbrances, as

99-30 follows:

99-31 (a) For the first $15,000, at the rate of 4 percent.

99-32 (b) For the next $85,000, at the rate of 3 percent.

99-33 (c) For all above $100,000, at the rate of 2 percent.

99-34 2. The same [commissions] fees must be allowed to [administrators.]

99-35 the personal representative if there is no will.

99-36 3. If there are two or more [executors or administrators,] personal

99-37 representatives, the compensation must be apportioned among them by the

99-38 court according to the services actually rendered by each.

99-39 [4. In all cases an additional allowance may be made by the court for

99-40 services in regard to the real property when it appears that the services are

99-41 just and reasonable.]

99-42 Sec. 349. NRS 150.030 is hereby amended to read as follows:

100-1 150.030 Such further allowances may be made as the court [may

100-2 deem] deems just and reasonable for any extraordinary services, such as:

100-3 1. Management, sales or mortgages of real or personal property.

100-4 2. Contested or litigated claims against the estate.

100-5 3. The adjustment and payments of extensive or complicated estate

100-6 taxes.

100-7 4. Litigation in regard to the property of the estate.

100-8 5. The carrying on of the decedent’s business pursuant to an order of

100-9 the court.

100-10 6. Such other litigation or special services as may be necessary for the

100-11 [executor or administrator] personal representative to prosecute, defend or

100-12 perform.

100-13 Sec. 350. NRS 150.040 is hereby amended to read as follows:

100-14 150.040 [All contracts between an executor or administrator and an

100-15 heir, devisee or legatee] A contract between a personal representative and

100-16 an heir or devisee for a higher compensation than that allowed by NRS

100-17 150.020 and 150.030 [shall be] is void.

100-18 Sec. 351. NRS 150.050 is hereby amended to read as follows:

100-19 150.050 1. [Any executor, administrator or special administrator] A

100-20 personal representative, at any time after the issuance of letters

100-21 [testamentary or of administration,] and upon such notice to the interested

100-22 persons [interested in the estate] as the court [or a judge thereof shall

100-23 require,] requires, may apply to the court for an allowance upon his

100-24 [commissions.] fees.

100-25 2. On the hearing, the court shall [make] enter an order allowing him

100-26 such portion of [his commission,] the fees, for services rendered up to that

100-27 time, as the court deems proper, and the portion so allowed may be

100-28 [thereupon] charged against the estate.

100-29 Sec. 352. NRS 150.060 is hereby amended to read as follows:

100-30 150.060 1. Attorneys for [executors, administrators and special

100-31 administrators] personal representatives are entitled to reasonable

100-32 compensation for their services, to be paid out of the decedent’s estate. The

100-33 amount must be fixed by agreement between the [executor, administrator

100-34 or special administrator] personal representative and the attorney, subject

100-35 to approval by the court, after [application,] petition, notice and hearing [,]

100-36 as provided in subsection 2. If the [executor, administrator or special

100-37 administrator] personal representative and the attorney fail to reach

100-38 agreement, or if the attorney is also the [executor, administrator or special

100-39 administrator,] personal representative, the amount must be determined

100-40 and allowed by the court. The [application] petition must contain specific

100-41 and detailed information supporting the entitlement to compensation,

100-42 including:

100-43 (a) Reference to time and hours;

101-1 (b) The nature and extent of services rendered;

101-2 (c) Claimed ordinary and extraordinary services;

101-3 (d) The complexity of the work required; and

101-4 (e) Other information considered to be relevant to a determination of

101-5 entitlement.

101-6 2. The [applicant] clerk shall set the petition for hearing, and the

101-7 petitioner shall give notice of [his application and the hearing thereof to

101-8 the executor, administrator or special administrator] the petition to the

101-9 personal representative if he is not the [applicant] petitioner and to all

101-10 known heirs [, devisees. and legatees.] and devisees. The notice must be

101-11 [sent by registered or certified mail at least 10 days before the hearing.]

101-12 given for the period and in the manner provided in NRS 155.010. If a

101-13 complete copy of the [application] petition is not attached to the notice, the

101-14 notice must include a statement of the amount of the fee which the court

101-15 will be requested to approve or allow.

101-16 3. On similar [application,] petition, notice and hearing, the court may

101-17 make an allowance to an attorney for services rendered up to a certain time

101-18 during the proceedings.

101-19 4. [Any heir, devisee or legatee] An heir or devisee may file

101-20 objections to [an application made] a petition filed pursuant to this section,

101-21 and the objections must be considered at the hearing.

101-22 5. Except as otherwise provided in this subsection, an attorney for

101-23 minor, absent , unborn, incapacitated or nonresident heirs is entitled to

101-24 compensation primarily out of the estate of the distributee so represented

101-25 by him in those cases and to such extent as may be determined by the

101-26 court. If the court finds that all or any part of the services performed by the

101-27 attorney for the minor, absent , unborn, incapacitated or nonresident heirs

101-28 was of value to the decedent’s entire estate as such and not of value only to

101-29 [the minor, absent or nonresident] those heirs, the court shall order that all

101-30 or part of the attorney’s fee be paid to the attorney out of the [funds]

101-31 money of the decedent’s entire estate as a general [administration]

101-32 administrative expense of the estate. The amount of these fees must be

101-33 determined in the same manner as the other attorney’s fees provided for in

101-34 this section.

101-35 Sec. 353. NRS 150.070 is hereby amended to read as follows:

101-36 150.070 1. [Every executor and administrator shall be chargeable in

101-37 his own account with the whole of the estate of the deceased which should

101-38 come to his] A personal representative is accountable for the whole estate

101-39 that comes into the possession of the personal representative at the value

101-40 of the appraisement contained in the inventory, except as otherwise

101-41 provided in this Title, and [with] for all the interest, profit and income of

101-42 the estate.

102-1 2. [No executor or administrator shall be] A personal representative is

102-2 not accountable for any debts due the deceased that remain uncollected

102-3 without his fault.

102-4 3. [He] A personal representative shall not make profit by the increase

102-5 nor suffer loss by the decrease or destruction of any part of the estate

102-6 without his fault. [He] The personal representative shall account for the

102-7 excess when [he shall sell] any part of the estate is sold for more than the

102-8 [appraisement,] inventoried value and, if any [be] assets are sold for less

102-9 than [the appraisement, he shall not be] that value, the personal

102-10 representataive is not responsible for the loss if the sale has been made

102-11 according to law.

102-12 Sec. 354. NRS 150.080 is hereby amended to read as follows:

102-13 150.080 [1. Whenever] If required by the court , [or a judge thereof,

102-14 either] upon its [or his] own motion [,] or upon the [application of any

102-15 person interested in the estate, the executor or administrator must render

102-16 and] petition of an interested person, a personal representative shall file

102-17 with the clerk [a] the first, verified account, showing:

102-18 [(a)] 1. The amount of money received and expended by him.

102-19 [(b)] 2. The claims filed or presented against the estate, giving the

102-20 name of each claimant, the nature of his claim, when it became due or will

102-21 become due, whether it was allowed or rejected by him , or not yet acted

102-22 upon.

102-23 [(c)] 3. All other matters necessary to show the condition of the estate.

102-24 [2. If he neglects or refuses to appear and render such account after

102-25 having been duly cited, an attachment may be issued against him and such

102-26 accounting compelled, or his letters may be revoked, or both, in the

102-27 discretion of the court or judge.]

102-28 Sec. 355. NRS 150.100 is hereby amended to read as follows:

102-29 150.100 1. If the [executor or administrator] personal representative

102-30 fails to [render and file his] file the first account within the time specified

102-31 in NRS [150.090,] 150.080, the court [or judge] shall order a citation to

102-32 issue requiring [him] the personal representative to file the account by a

102-33 time to be stated in the citation, as fixed by the court , [or judge,] or appear

102-34 and show cause why [he] the personal representative should not be

102-35 compelled to file the account.

102-36 2. If [he] the personal representative fails to file the account by the

102-37 time stated, or show cause why [he should] not, the court, by attachment or

102-38 other proper process, may compel [him] the personal representative to file

102-39 such an account or may revoke [his letters, in the discretion of the court,]

102-40 the letters, or both, and like action may be [had] taken in reference to any

102-41 subsequent account [he] the personal representative may be [ordered]

102-42 required to file.

102-43 Sec. 356. NRS 150.110 is hereby amended to read as follows:

103-1 150.110 1. [Whenever] If all the property of an estate [shall have]

103-2 has been sold or there [shall be sufficient funds in his hands] is money

103-3 available for the payment of all debts due by the estate, and the estate [be]

103-4 is in a proper condition to be closed, the [executor or administrator shall

103-5 render and file his] personal representative shall file a final account and

103-6 [pray for] request a settlement of his administration.

103-7 2. If [he] the personal representative neglects to [render and file his]

103-8 file a final account , the same proceedings may be had as prescribed in this

103-9 chapter in regard to the first account to be filed by [him,] the personal

103-10 representative, and all the provisions relative to the first account, and the

103-11 notice and settlement thereof , [shall] apply to [his] the account for final

103-12 settlement.

103-13 Sec. 357. NRS 150.120 is hereby amended to read as follows:

103-14 150.120 [Whenever] If the authority of [an executor or administrator

103-15 shall cease or shall be] a personal representative ceases or is revoked for

103-16 any reason, [he] the personal representative may be cited by the court to

103-17 account, at the instance of the person succeeding to the administration of

103-18 the same estate, in like manner as [he] the personal representative might

103-19 have been by any interested person [interested in the estate during the time

103-20 he was executor or administrator.] during the term of the appointment.

103-21 Sec. 358. NRS 150.130 is hereby amended to read as follows:

103-22 150.130 1. If [the executor or administrator] a personal

103-23 representative dies or becomes [incompetent, his] incapacitated, the

103-24 accounts may be presented to the court by [his] the personal representative

103-25 or guardian [to, and settled by, the court in which the estate of which he

103-26 was executor or administrator is being administered, and, upon] of the

103-27 former personal representative. Upon petition of [the successor of the

103-28 deceased or incompetent executor or administrator,] a successor to the

103-29 decedent or incapacitated personal representative, the court shall compel

103-30 the personal representative or guardian [of the deceased or incompetent

103-31 executor or administrator to render] to file an account of the administration

103-32 . [of his testator or intestate, and must] The court shall settle such an

103-33 account as in other cases.

103-34 2. In the absence of a personal representative or guardian of the

103-35 [deceased or incompetent executor or administrator,] decedent or

103-36 incapacitated personal representative, the court may compel [the attorney

103-37 for the deceased or incompetent executor or administrator to render] an

103-38 attorney to file an account of the administration [of the deceased or

103-39 incompetent executor or administrator] to the extent that the attorney has

103-40 information or records available [to him] for that purpose. The account of

103-41 the attorney need not be verified. A fee [shall] must be allowed the

103-42 attorney by the court for this extraordinary service.

103-43 Sec. 359. NRS 150.140 is hereby amended to read as follows:

104-1 150.140 If the [executor or administrator absconds or conceals

104-2 himself,] personal representative absconds, or if, after reasonable

104-3 diligence, he cannot be found , so that a citation cannot be personally

104-4 served, and [shall neglect] the personal representative neglects to file an

104-5 account within 20 days after the time fixed for that purpose, [his letters

104-6 shall] the letters must be revoked.

104-7 Sec. 360. NRS 150.150 is hereby amended to read as follows:

104-8 150.150 1. [Except as provided in subsection 6, in rendering his

104-9 account, the executor or administrator shall produce vouchers for all

104-10 payments he may have made, which vouchers shall be filed and remain in

104-11 court, and he may be examined on oath touching such payments, and also

104-12 touching any property and effects of the deceased, and the disposition

104-13 thereof.

104-14 2. When any voucher shall be required for other purposes, it may be

104-15 withdrawn on leaving a certified copy on file.

104-16 3. Where the account is accompanied by a report of an accountant, or

104-17 an accountant, upon the hearing of any account, testifies that all

104-18 expenditures of $20 or more made by the executor or administrator during

104-19 the accounting period are supported by vouchers, it shall not be necessary

104-20 to produce or file the vouchers in court. The provisions of this subsection

104-21 are applicable only when the accountant has been appointed or is approved

104-22 by the court for such purpose.

104-23 4. If any vouchers be] A personal representative need not file

104-24 vouchers with the court to substantiate payments made in the

104-25 administration of the estate, but shall retain possession of the vouchers

104-26 and permit their examination by the court or an interested person.

104-27 2. The court, on its own motion or on application ex parte for good

104-28 cause by an interested person, may order production for examination and

104-29 audit the vouchers that support an account specified in the order.

104-30 3. If any vouchers are lost, or for other good reason cannot be

104-31 produced on settlement of an account, the payment may be proved by the

104-32 oath of one competent witness. If it is proven that vouchers for any

104-33 disbursements have been lost or destroyed, that it is impossible to obtain

104-34 duplicates, and that the [items] expenses were paid in good faith and were

104-35 legal charges against the estate, the [executor or administrator shall]

104-36 personal representative must be allowed [such items.

104-37 5. He may be allowed any item of expenditure not exceeding $20 for

104-38 which no voucher is produced, if it is supported by his uncontradicted oath

104-39 positive to the fact of payment, specifying when, where and to whom it

104-40 was made; but the total amount of such allowances in all his accounts must

104-41 not exceed $500.

104-42 6. A corporate executor or administrator is not required to file

104-43 vouchers with the court to substantiate payments made in the

105-1 administration of the estate, but shall retain possession of such vouchers

105-2 and permit examination thereof by any party interested in the estate or the

105-3 court.] those expenses.

105-4 Sec. 361. NRS 150.160 is hereby amended to read as follows:

105-5 150.160 1. [When] If an account [is rendered and set for settlement

105-6 by the court, notice thereof must be given] and a petition for settlement

105-7 thereof is filed, the clerk shall set the petition for hearing and the

105-8 petitioner shall give notice for the period and in the manner required by

105-9 NRS 155.010.

105-10 2. If the account is for a final settlement and a petition for the final

105-11 distribution of the estate is filed with the account, the notice of settlement

105-12 must so state, and on the settlement of the account, distribution of the

105-13 estate to those entitled thereto may be [had immediately.] made as soon as

105-14 possible.

105-15 Sec. 362. NRS 150.170 is hereby amended to read as follows:

105-16 150.170 1. [Any person interested in the estate] An interested person

105-17 may appear and file written [exceptions] objections to the account and

105-18 contest [the same.] it.

105-19 2. Upon the hearing, the [executor or administrator] personal

105-20 representative may be examined [on oath touching] under oath

105-21 concerning the account and the property and effects of the decedent and

105-22 the disposition thereof.

105-23 3. All matters, including allowed claims, not [passed upon on]

105-24 addressed in the settlement of any former account , and not reduced to

105-25 judgment, may be contested for cause shown.

105-26 Sec. 363. NRS 150.180 is hereby amended to read as follows:

105-27 150.180 1. If [there be] a minor is interested in the estate who has no

105-28 legally appointed guardian, the court may appoint [some] a disinterested

105-29 attorney to represent him who [, on behalf of the minor,] may contest the

105-30 account as any other interested person [having an interest] might contest it.

105-31 2. The court may also appoint an attorney to represent unborn,

105-32 incapacitated or absent heirs and devisees . [and legatees.]

105-33 3. All matters, including allowed claims not [passed upon on]

105-34 addressed in the settlement of any former account, or [on making a decree]

105-35 in entering an order of sale, may be contested by interested [parties]

105-36 persons for cause shown.

105-37 4. [Any] An attorney so appointed [shall] must be paid [a reasonable

105-38 compensation out of the estate, which payment shall be an expense of

105-39 administration of the estate. The amount of such fee shall be determined by

105-40 the court.] as provided in NRS 150.060.

105-41 Sec. 364. NRS 150.190 is hereby amended to read as follows:

105-42 150.190 No account [shall] may be allowed by the court until it [be] is

105-43 first proved that the notice required by this chapter has been given, and the

106-1 order [or decree shall] must show that such proof was made to the

106-2 satisfaction of the court . [and shall be] The order is conclusive evidence

106-3 of the fact.

106-4 Sec. 365. NRS 150.200 is hereby amended to read as follows:

106-5 150.200 [At the time any] If an account comes before the court for

106-6 allowance [, if] and there are no [exceptions] objections filed by any

106-7 interested person , [interested in the estate,] and the account is made to

106-8 appear to the court to be correct and according to law, the court [may]

106-9 shall allow and confirm the account.

106-10 Sec. 366. NRS 150.210 is hereby amended to read as follows:

106-11 150.210 [The] An order settling and allowing [the] an account, when

106-12 it becomes final, is conclusive against all interested persons [interested in

106-13 the estate, saving, however, to persons] , but a person under legal

106-14 disability [,] has the right to move for cause to reopen and examine the

106-15 account, or to proceed by action against the [executor or administrator]

106-16 personal representative or his sureties at any time before final distribution

106-17 , [;] and in any such action [such] , the order is prima facie evidence of the

106-18 correctness of the account.

106-19 Sec. 367. NRS 150.220 is hereby amended to read as follows:

106-20 150.220 The debts and charges of the estate must be paid in the

106-21 following order:

106-22 1. Expenses of administration.

106-23 2. Funeral expenses.

106-24 [2.] 3. The expenses of the last [sickness.

106-25 3.] illness.

106-26 4. Family allowance.

106-27 [4.] 5. Debts having preference by laws of the United States.

106-28 [5.] 6. Money owed to the department of human resources as a result

106-29 of the payment of benefits for Medicaid.

106-30 [6.] 7. Wages to the extent of $600, of each employee of the decedent,

106-31 for work done or personal services rendered within 3 months before the

106-32 death of the employer. If there is not sufficient money with which to pay

106-33 all such labor claims in full, the money available must be distributed

106-34 among the claimants in accordance with the amounts of their respective

106-35 claims.

106-36 [7.] 8. Judgments rendered against the deceased in his lifetime, and

106-37 mortgages in order of their date. The preference given to a mortgage [must

106-38 only extend] extends only to the proceeds of the property mortgaged. If the

106-39 proceeds of [such] that property are insufficient to pay the mortgage, the

106-40 part remaining unsatisfied must be classed with other demands against the

106-41 estate.

106-42 [8.] 9. All other demands against the estate.

106-43 Sec. 368. NRS 150.230 is hereby amended to read as follows:

107-1 150.230 1. The [executor or administrator] personal representative

107-2 shall, as soon as [he has sufficient funds in his hands,] sufficient money is

107-3 available, upon receipt of a sworn statement of the amount due and

107-4 without any formal action upon creditors’ claims, pay the funeral expenses,

107-5 the expenses of the last [sickness,] illness, the allowance made to the

107-6 family of the [deceased,] decedents, money owed to the department of

107-7 human resources as a result of payment of benefits for Medicaid and wage

107-8 claims to the extent of $600 of each employee of the decedent for work

107-9 done or personal services rendered within 3 months before the death of the

107-10 employer, but [he] may retain [in his hands] the necessary expenses of

107-11 administration.

107-12 2. [He] The personal representative is not obliged to pay any other

107-13 debt or any [legacy] devise until the payment is ordered by the court.

107-14 3. [He] The personal representative may, before court approval or

107-15 order, pay any of the decedent’s debts amounting to $500 or less if:

107-16 (a) Claims for payment thereof [are] have been properly filed in the

107-17 proceedings;

107-18 (b) The debts are [justly] legally due; and

107-19 (c) The estate is solvent.

107-20 In settling the account of the estate, the court shall allow any such payment

107-21 if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise,

107-22 the [executor or administrator] personal representative is personally liable

107-23 to any person sustaining loss or damage as a result of [such] the payment.

107-24 4. Funeral expenses and expenses of a last [sickness] illness are debts

107-25 payable out of the estate of the [deceased spouse] decedent and must not

107-26 be charged to the community share of a surviving spouse, whether or not

107-27 the surviving spouse is financially able to pay [such] those expenses and

107-28 whether or not the surviving spouse or any other person is also liable

107-29 therefor.

107-30 Sec. 369. NRS 150.235 is hereby amended to read as follows:

107-31 150.235 [Where any] If a trust, life estate or estate for years is created

107-32 by [or under] a will to continue after distribution, the income received by

107-33 the [executor or administrator] personal representative from the securities

107-34 or other property which [,] upon distribution [,] will comprise the trust

107-35 estate, or in which [such] the life estate or estate for years is created,

107-36 [shall,] during the administration of the estate and until the property is

107-37 distributed to the trustee or other person entitled thereto, belong to the

107-38 estate and may be applied to payment of the debts, expenses and charges of

107-39 the estate unless the will otherwise directs.

107-40 Sec. 370. NRS 150.240 is hereby amended to read as follows:

107-41 150.240 1. Upon the settlement of any account of the [executor or

107-42 administrator,] personal representative after the time to file [or present]

107-43 claims has expired, the court shall order the payment of the debts as the

108-1 circumstances of the estate permit. If there [are] is not sufficient [funds]

108-2 money to pay all of the debts, the order [shall] must specify the sum to be

108-3 paid to each creditor.

108-4 2. No creditor of any one class [shall] may receive any payment until

108-5 all those of a preferred class are fully paid , [;] and if the estate is

108-6 insufficient to pay all debts of any one class, each creditor of that class

108-7 must be paid a dividend in proportion to [his] that creditor’s claim.

108-8 3. If the property of the estate is exhausted by the payment ordered,

108-9 [such account shall constitute] the account constitutes a final account, and

108-10 the [executor or administrator shall be] personal representative is entitled

108-11 to his discharge [on producing and] upon filing the necessary [vouchers

108-12 and] proof showing that he has complied with the order.

108-13 Sec. 371. NRS 150.250 is hereby amended to read as follows:

108-14 150.250 1. If there is [any] a claim not due, or any contingent or

108-15 disputed claims against the estate, the amount thereof, or such part of the

108-16 [same] amount as the holder would be entitled to if the claim were due,

108-17 established or absolute, must be paid [into court,] to the clerk and there

108-18 remain, to be paid over to the holder when [he] the holder becomes

108-19 entitled thereto [;] or, if [he] the holder fails to establish [his] a claim, to

108-20 be paid over or distributed as the circumstances of the estate require.

108-21 2. If a creditor whose claim has been allowed but is not yet due

108-22 appears and assents to a deduction therefrom of the legal interest for the

108-23 time the claim has yet to run, he is entitled to be paid accordingly.

108-24 3. The payments provided for in this section are not to be made [when]

108-25 if the estate is insolvent unless a pro rata distribution is ordered.

108-26 Sec. 372. NRS 150.260 is hereby amended to read as follows:

108-27 150.260 1. [Whenever] If an order [shall be made] is entered by the

108-28 court for the payment of creditors, the [executor or administrator shall be]

108-29 personal representative is personally liable to each creditor for the amount

108-30 of his claim, or the dividends thereon, and execution may be issued upon

108-31 [such] the order as upon a judgment in any other action, in favor of each

108-32 creditor, and the same proceedings may be had under the execution as if it

108-33 had been issued upon a judgment.

108-34 2. The [executor or administrator shall also be] personal

108-35 representative is also liable on his bond to each creditor.

108-36 Sec. 373. NRS 150.270 is hereby amended to read as follows:

108-37 150.270 [When] After the accounts of the [executor or administrator]

108-38 personal representative have been settled and an order [made] entered for

108-39 the payment of debts and distribution of the estate, no creditor whose claim

108-40 was not included in the order for payment has any right to call upon the

108-41 creditors who have been paid, nor upon the heirs [, devisees or legatees,]

108-42 or devisees to contribute to the payment of [his claim;] the claim, but if the

108-43 [executor or administrator] personal representative has failed to give the

109-1 notice to creditors, as prescribed by law, [such] that creditor may recover

109-2 on the bond of the [executor or administrator] personal representative the

109-3 amount for which [his] the claim would properly have been allowed.

109-4 Sec. 374. NRS 150.280 is hereby amended to read as follows:

109-5 150.280 1. [When the whole of] If all the debts and liabilities of an

109-6 estate have been paid, and the estate is in a condition to be closed, the court

109-7 shall [proceed to] direct the payment of [legacies] devises and the

109-8 distribution of the estate among those entitled as provided in chapter 151

109-9 of NRS.

109-10 2. If the estate is not in a condition to be closed, the court shall

109-11 [proceed to] direct the payment of [legacies] devises and the distribution of

109-12 the estate among those entitled at such time as it thereafter may be in a

109-13 condition to be closed.

109-14 Sec. 375. NRS 150.290 is hereby amended to read as follows:

109-15 150.290 NRS 150.290 to [150.390, inclusive, shall be known and]

109-16 150.380, inclusive, may be cited as the Federal Estate Tax Apportionment

109-17 Law.

109-18 Sec. 376. NRS 150.300 is hereby amended to read as follows:

109-19 150.300 [Except where the context otherwise requires, as] As used in

109-20 NRS 150.290 to [150.390, inclusive:

109-21 1. "Estate tax" means federal estate tax, including any interest and

109-22 penalty thereon.

109-23 2.] 150.380, inclusive, unless the context otherwise requires:

109-24 1. "Gross estate" or "estate" means all property included for federal

109-25 estate tax purposes in determining the federal estate tax pursuant to the

109-26 federal estate tax law.

109-27 [3.] 2. "Person interested in the estate" means any person who

109-28 receives or is the beneficiary of any property transferred pursuant to a

109-29 transfer which is subject to a tax imposed by any federal estate tax law,

109-30 now existing or hereafter enacted.

109-31 Sec. 377. NRS 150.310 is hereby amended to read as follows:

109-32 150.310 [Whenever] If it appears upon any accounting, or in any

109-33 appropriate action or proceeding, that [an executor, administrator,] a

109-34 personal representative, trustee or other fiduciary has paid or may be

109-35 required to pay an estate tax to the Federal Government under the

109-36 provisions of any federal estate tax law, now existing or hereafter enacted,

109-37 upon or with respect to any property required to be included in the gross

109-38 estate of a decedent under the provisions of any such law, the amount of

109-39 the tax [shall] must be equitably prorated among the persons interested in

109-40 the estate, whether residents or nonresidents of this state, to whom [such]

109-41 the property was, is or may be transferred or to whom any benefit accrues,

109-42 except:

109-43 1. Where a testator otherwise directs in his will.

110-1 2. Where by written instrument executed inter vivos direction is given

110-2 for apportionment among the beneficiaries of taxes assessed upon the

110-3 specific fund dealt with in [such inter vivos] the instrument.

110-4 Sec. 378. NRS 150.330 is hereby amended to read as follows:

110-5 150.330 1. The proration [shall] must be made by the court having

110-6 jurisdiction [in probate] of any property in the estate in the proportion [, as

110-7 near as may be,] that the value of the property, interest or benefit of each

110-8 such person bears to the total value of the property, interest and benefits

110-9 received by all such persons interested in the estate.

110-10 2. In making a proration, allowances [shall] must be made for any

110-11 exemptions granted by the act imposing the tax and for any deductions

110-12 allowed by [such] that act for the purpose of arriving at the value of the net

110-13 estate.

110-14 3. Any exemption or deduction allowed by reason of the relationship

110-15 of any person to the decedent or by reason of the charitable purposes of the

110-16 gift [shall inure] inures to the benefit of the person bearing [such] the

110-17 relationship or receiving [such] the charitable gift; except that [when] , if

110-18 an interest is subject to a prior present interest which is not allowable as a

110-19 deduction, the estate tax apportionable against the present interest [shall]

110-20 must be paid from principal.

110-21 4. [Any] A deduction for property previously taxed and [any] a credit

110-22 for gift taxes or taxes of a foreign country paid by the decedent or his

110-23 estate [shall inure] inures to the proportionate benefit of all persons liable

110-24 to apportionment.

110-25 5. [Any] A credit for inheritance, succession or estate taxes or taxes in

110-26 the nature thereof in respect to property or interests includable in the gross

110-27 estate [shall inure] inures to the benefit of the persons or interests

110-28 chargeable with the payment of [such] the taxes to the extent or in

110-29 proportion that the tax paid or payable reduces the estate tax.

110-30 6. To the extent that property passing to or in trust for a surviving

110-31 spouse does not constitute an allowable deduction solely by reason of an

110-32 inheritance tax or other death tax imposed upon and deductible from such

110-33 property, it [shall] must not be included in the computation provided for in

110-34 subsection 1 , and to that extent , no apportionment [shall] may be made

110-35 against [such] that property.

110-36 7. The values used for federal estate tax purposes [shall be] are the

110-37 values used as the basis for apportionment.

110-38 8. [Whenever] If the court finds that it is inequitable to apportion

110-39 interest and penalties in the same manner as the principal of the estate tax

110-40 by reason of special circumstances , it may direct apportionment of interest

110-41 and penalties in a manner different from principal.

110-42 Sec. 379. NRS 150.350 is hereby amended to read as follows:

111-1 150.350 1. [In all cases in which] If any property required to be

111-2 included in the gross estate does not come into the possession of the

111-3 [executor or administrator,] personal representative, he shall [be entitled,

111-4 and it shall be his duty, to] recover from whoever is in possession, or from

111-5 the persons interested in the estate, the proportionate amount of the tax

111-6 payable by the persons interested in the estate with which [such] the

111-7 persons interested in the estate are chargeable. The [probate] court may

111-8 direct the payment of [such amount of tax by such persons to the executor

111-9 or administrator.] that amount by those persons to the personal

111-10 representative.

111-11 2. The provisions of subsection 1 [shall also be applicable] also apply

111-12 to persons in possession of or interested in real or personal property

111-13 located in or subject to administration in another state and required to be

111-14 included in the gross estate of a resident of this state, unless [such] the

111-15 other state refuses to enforce [such] the apportionment, in which case

111-16 apportionment may be made in accordance with the law which would be

111-17 applied by [such] the other state.

111-18 3. [Any] A person interested in the estate from whom apportionment

111-19 [shall be] is required under subsections 1 and 2 [shall] must also be

111-20 charged with the amount of reasonable expenses, including [executor’s,

111-21 administrator’s] the personal representative’s and attorney’s fees, in

111-22 connection with the determination of the tax and the apportionment

111-23 thereof. [Such expenses shall] Those expenses must be determined and

111-24 collected in like manner as the tax.

111-25 Sec. 380. NRS 150.360 is hereby amended to read as follows:

111-26 150.360 1. The [probate] court, upon making a determination as

111-27 provided in NRS 150.290 to [150.390,] 150.380, inclusive, shall [make a

111-28 decree or] enter an order directing the [executor, administrator] personal

111-29 representative or other fiduciary to charge the determined amounts against

111-30 the persons against whom the tax has been prorated insofar as [he] the

111-31 personal representative or other fiduciary is in possession of property or

111-32 interests of [such] those persons against whom the charge may be made,

111-33 and summarily directing all other persons against whom the tax has been

111-34 prorated or who are in possession of property or interests of [such] those

111-35 persons to make payment of [such] the determined amounts to [such

111-36 executor, administrator] the personal representative or other fiduciary.

111-37 2. [Such decrees or] The orders may be preliminary, intermediate or

111-38 final.

111-39 3. If the [executor, administrator] personal representative or other

111-40 fiduciary holds property of a person liable to apportionment which is

111-41 insufficient to satisfy the determined amount, the court may direct that the

111-42 balance [shall] be paid by the person liable.

112-1 4. If it appears that the [executor, administrator] personal

112-2 representative or other fiduciary cannot recover the amount apportioned

112-3 against any person, [any] the amount not recovered [shall] must be

112-4 charged in such manner as the court may determine.

112-5 5. If an overpayment is made the court may direct appropriate

112-6 reimbursement.

112-7 Sec. 381. NRS 150.370 is hereby amended to read as follows:

112-8 150.370 The court shall retain jurisdiction until the purposes of NRS

112-9 150.290 to [150.390,] 150.380, inclusive, have been accomplished.

113-1 Sec. 382. Chapter 151 of NRS is hereby amended by adding thereto

113-2 the provisions set forth as sections 383 to 386, inclusive, of this act.

113-3 Sec. 383. 1. Except as otherwise provided in subsection 2 or in the

113-4 will, a personal representative may distribute property and money:

113-5 (a) In divided or undivided interests; and

113-6 (b) With or without proration.

113-7 2. Each affected beneficiary must agree before any property or

113-8 money is distributed without proration, unless the will authorizes a

113-9 personal representative to distribute property and money without

113-10 proration.

113-11 Sec. 384. The property of a testator, except as otherwise provided in

113-12 this Title, must be resorted to for the payment of devises in the following

113-13 order:

113-14 1. The property which is expressly appropriated by the will for the

113-15 specific devise.

113-16 2. Property not disposed of by the will.

113-17 3. Property which is devised to a residuary devisee.

113-18 Sec. 385. Unless a different intention is expressed in the will,

113-19 abatement takes place in any class only as between devises of that class,

113-20 and devises to a spouse or to kindred are chargeable only after devises to

113-21 persons not related to the testator.

113-22 Sec. 386. If property given by will to persons other than the

113-23 residuary devisees is sold for the payment of debts or expenses or family

113-24 allowances, all the devisees shall contribute in proportion to their

113-25 respective interests to the devisee whose devise has been sold, and the

113-26 court, when distribution is made, shall settle the amount of the several

113-27 liabilities and order the amount each person is liable to contribute to be

113-28 withheld from that person’s distributive share for the purpose of the

113-29 contribution.

113-30 Sec. 387. NRS 151.005 is hereby amended to read as follows:

113-31 151.005 [1.] Subject to the rights of creditors and taxing authorities,

113-32 [competent successors] distributees may agree among themselves to alter

113-33 the interests, shares or amounts to which they are entitled under the terms

113-34 of the will of the decedent, or under the laws of intestacy, in any way that

113-35 they provide in a written [contract] agreement executed by all who are

113-36 affected by its provisions. The personal representative shall abide by the

113-37 terms of the [contract] agreement subject to his obligation to administer

113-38 the estate for the benefit of creditors, to pay all taxes and costs of

113-39 administration, and to carry out the responsibilities of [his] the office for

113-40 the benefit of any [successors] distributees of the decedent who are not

113-41 parties. Personal representatives of the estate of decedents are not required

113-42 to [see to] oversee the performance of trusts if the trustee thereof is another

113-43 person who is willing to accept the trust. Accordingly, trustees of a

114-1 testamentary trust are [successors] distributees for the purposes of this

114-2 section. This section does not relieve trustees of any duties owed to

114-3 beneficiaries of trusts.

114-4 [2. As used in this section:

114-5 (a) "Personal representative" includes, without limitation, an executor,

114-6 an administrator, a successor personal representative, a special

114-7 administrator and persons who perform substantially the same function

114-8 under the law governing their status.

114-9 (b) "Successors" means persons, other than creditors, who are entitled

114-10 to property of a decedent under the terms of his will or pursuant to this

114-11 Title.]

114-12 Sec. 388. NRS 151.010 is hereby amended to read as follows:

114-13 151.010 1. At any time after the lapse of 3 months from the issuing

114-14 of letters [testamentary or letters of administration, the executor or

114-15 administrator,] , the personal representative or any heir [, devisee or

114-16 legatee,] or devisee, or the assignee, grantee or successor in interest of any

114-17 heir [, devisee or legatee,] or devisee, may petition the court to distribute a

114-18 [legacy, devise or] share of the estate, or any portion thereof, to any person

114-19 entitled thereto, upon [such] the person giving a bond, with approved

114-20 security, for the payment of [such] the person’s proportion of the debts of

114-21 the estate.

114-22 2. The court may dispense with a bond if it [be] is made to appear that

114-23 the [same] bond is unnecessary.

114-24 Sec. 389. NRS 151.020 is hereby amended to read as follows:

114-25 151.020 [When the petitioner is not the executor or administrator,

114-26 notice of the application shall be given to the executor or administrator

114-27 personally, and to all persons interested in the estate, in the same manner

114-28 that notice is required to be given by NRS 155.010, or as the court may

114-29 direct.] The clerk shall set the petition for hearing and the petitioner shall

114-30 give notice for the period and in the manner provided in NRS 155.010.

114-31 Sec. 390. NRS 151.030 is hereby amended to read as follows:

114-32 151.030 The [executor or administrator, not petitioning, or any person

114-33 interested in the estate, may appear and resist the application, or any other

114-34 heir, devisee or legatee may make a similar application for himself or

114-35 herself.] personal representative, if not the petitioner, or an interested

114-36 person, may object to the petition, or an heir or devisee may submit a

114-37 similar petition.

114-38 Sec. 391. NRS 151.040 is hereby amended to read as follows:

114-39 151.040 1. Subject to the provisions of [subsections 3 and 4, if, on

114-40 the hearing,] subsection 3, if it appears at the hearing that the estate [is but

114-41 little indebted] has little debt and that the share or shares of the party or

114-42 parties petitioning may be allowed [,] without injury to the creditors of the

114-43 estate, the court shall [make a decree] enter an order in conformity [to the

115-1 prayer of the applicant or applicants.] with the request of the petitioner or

115-2 petitioners.

115-3 2. The [decree] order may direct the [executor or administrator]

115-4 personal representative to deliver to the petitioner or petitioners the whole

115-5 portion of the estate to which [he, she or they may be] each is entitled, or a

115-6 part [only thereof.

115-7 3. Each of the petitioners shall first execute and deliver to the executor

115-8 or administrator a bond in such sum as shall be designated by the court or

115-9 judge, and with sureties to be approved by the judge.] of the portion, if

115-10 there is sufficient property remaining in the estate to satisfy the debts or

115-11 if there is filed with the court an assumption of liability for a contingent

115-12 or disputed debt as provided in subsection 3. The court may impose any

115-13 other conditions it determines are just, including a requirement that a

115-14 distributee give a security interest in all or part of the property distributed

115-15 or give bond in an amount determined by the court. The bond [shall be

115-16 made] must be payable to the [executor or administrator] personal

115-17 representative and conditioned for the payment by the [heir, devisee or

115-18 legatee,] distributee, whenever required, of his [or her] proportion of the

115-19 debts of the estate.

115-20 [4. The court may dispense with a bond if it be made to appear that the

115-21 same is unnecessary.]

115-22 3. As a condition of an order under subsection 2, if directed by the

115-23 court, each heir or devisee shall file with the court a signed and

115-24 acknowledged agreement assuming personal liability for the contingent

115-25 or disputed debt and consenting to jurisdiction in this state for the

115-26 enforcement of the debt if it becomes absolute or established. The

115-27 personal liability of each heir or devisee does not exceed the fair market

115-28 value on the date of distribution of the property distributed less the

115-29 amount of any liens or encumbrances. If there is more than one heir or

115-30 devisee, their personal liability is joint and several.

115-31 Sec. 392. NRS 151.050 is hereby amended to read as follows:

115-32 151.050 1. [Whenever any] If a bond or other security has been

115-33 executed and delivered as prescribed in NRS 151.040, and the [executor or

115-34 administrator shall ascertain] personal representative ascertains that it is

115-35 necessary for the settlement of the estate to require the payment of any part

115-36 of the money thereby secured, he shall petition the court for an order

115-37 requiring the payment and cause a citation to be issued and served upon

115-38 the [party bound, requiring him or her,] parties bound, requiring them, at

115-39 a time and place, not more than 10 days after the date of the citation, to be

115-40 stated therein, to appear and show cause why the order [shall] should not

115-41 be made.

116-1 2. [At the hearing, the] The court, if satisfied of the necessity for

116-2 [such] the payment to be made, shall [make] enter an order [accordingly,]

116-3 designating the amount and giving a time in which it shall be paid.

116-4 3. If the money [be] is not paid within the time allowed, an action may

116-5 be maintained by the [executor or administrator] personal representative

116-6 on the bond [.] or other security.

116-7 4. Similar proceedings may be [had against a distributee when]

116-8 initiated against an heir or devisee if no bond or other security is given.

116-9 Sec. 393. NRS 151.060 is hereby amended to read as follows:

116-10 151.060 If, in the execution of the [decree, any partition be] order,

116-11 partition is necessary between two or more of the parties, it [shall] must be

116-12 made in the manner prescribed in chapter 152 of NRS.

116-13 Sec. 394. NRS 151.070 is hereby amended to read as follows:

116-14 151.070 The costs of proceedings for a partial distribution [shall] must

116-15 be paid by the [applicant,] heir or devisee or, if there are more than one,

116-16 [shall be apportioned equally] must be prorated among them.

116-17 Sec. 395. NRS 151.080 is hereby amended to read as follows:

116-18 151.080 1. [When an executor or administrator] If a personal

116-19 representative files his final account [,] with a petition [praying for]

116-20 requesting the allowance and confirmation thereof, he may also include in

116-21 the petition a [prayer] request for the distribution of the estate. Upon the

116-22 settlement and allowance of the final account, the court may also [decree]

116-23 order a distribution of the residue of the estate, if any, among the persons

116-24 who are by law entitled [.] thereto.

116-25 2. If a final account [be] is settled and allowed without [a decree] an

116-26 order of distribution, the [executor or administrator, or any heir, devisee or

116-27 legatee,] personal representative, or an heir or devisee, or an assignee or

116-28 grantee of [any heir, devisee or legatee,] an heir or devisee, at any time

116-29 thereafter, may petition the court for [a decree] an order distributing the

116-30 estate.

116-31 Sec. 396. NRS 151.090 is hereby amended to read as follows:

116-32 151.090 1. When a petition for final distribution is filed, the clerk

116-33 shall set the petition for hearing and the petitioner shall give notice [of

116-34 the hearing of the petition to all persons individually entitled to notice as]

116-35 for the period and in the manner provided in NRS 155.010.

116-36 2. The court may order such further notice as it [may deem] deems

116-37 proper.

116-38 Sec. 397. NRS 151.110 is hereby amended to read as follows:

116-39 151.110 1. [Where] After the accounts of [an executor or

116-40 administrator] a personal representative have been settled and [a decree]

116-41 an order for the distribution of the estate [made] entered by the court, the

116-42 [executor or administrator] personal representative shall, without any

117-1 unnecessary delay, distribute the estate remaining [in his hands]

117-2 undistributed as directed by the [decree.] order.

117-3 2. In the [decree,] order, the court shall name the persons and the

117-4 proportion or parts to which each [shall be] is entitled, and [such person

117-5 shall have] that person has the right to demand and recover [his or her] a

117-6 respective share from the [executor or administrator,] personal

117-7 representative or any other person having [the same in] possession [.] of it.

117-8 3. The [executor or administrator] personal representative shall,

117-9 within 10 days after the entry of [a decree] an order of distribution

117-10 conveying any real property, record a certified copy of the order with the

117-11 county recorder of the county in which the [decree] order was entered [a

117-12 certified copy of the decree.] and of any other county in which the real

117-13 property, or any portion of it, is located.

117-14 Sec. 398. NRS 151.120 is hereby amended to read as follows:

117-15 151.120 No gift or grant shall be deemed to have been made as an

117-16 advancement unless:

117-17 1. So expressed in the gift or grant; [or]

117-18 2. Charged in writing by the [deceased] decedent as an advancement;

117-19 or

117-20 3. Acknowledged in writing by the donee to be such.

117-21 Sec. 399. NRS 151.130 is hereby amended to read as follows:

117-22 151.130 1. Any property [, real or personal, that may have been]

117-23 given by a decedent during the [deceased in his or her] lifetime of the

117-24 decedent as an advancement to [any donee, shall] a donee must be

117-25 considered as part of the estate [of the intestate,] for the sole purpose of

117-26 computing the respective shares of the distributees and [shall] must be

117-27 taken by [such] the donee toward his [or her] share of the estate of the

117-28 [deceased.] decedent.

117-29 2. If the amount of the advancement [shall exceed] exceeds the share

117-30 of the heir or devisee so advanced, the heir [shall be] or devisee is

117-31 excluded from any further portion in the distribution and division of the

117-32 estate, but he [or she shall not be] is not required to refund any part of the

117-33 advancement. If the amount so received [shall be] is less than his [or her]

117-34 share, he [or she shall be] is entitled to as much more as will give [the heir

117-35 his or her] him his full share of the estate of the [deceased.] decedent.

117-36 Sec. 400. NRS 151.140 is hereby amended to read as follows:

117-37 151.140 If the value of the advancement [shall be] is expressed in the

117-38 conveyance, or in the charge thereof made by the [deceased,] decedent, or

117-39 in the acknowledgment of the [party] person receiving it, [it shall be

117-40 considered of] that value must be used in the distribution and division of

117-41 the estate . [; otherwise it shall] Otherwise, the value must be estimated

117-42 according to its value when given, as nearly as [the same] can be

117-43 ascertained.

118-1 Sec. 401. NRS 151.150 is hereby amended to read as follows:

118-2 151.150 If [any child,] a child or other lineal descendant so advanced

118-3 [, shall die] dies before the person making the advancement, leaving issue,

118-4 the advancement [shall] must be taken into consideration in the

118-5 distribution and division of the estate as if the advancement had been made

118-6 directly to [such] the issue.

118-7 Sec. 402. NRS 151.160 is hereby amended to read as follows:

118-8 151.160 All questions as to advancements made, or alleged to have

118-9 been made, by [the deceased to any] a decedent to heirs or devisees may

118-10 be heard and determined by the court, and [shall] must be specified in the

118-11 [decree] order distributing the estate, and in the warrant to the

118-12 commissioners [,] provided for in NRS 152.050, and the final [decree]

118-13 order of the court [shall be] is binding on all [parties interested in the

118-14 estate, with right, however,] interested persons, subject to the right of any

118-15 party to appeal from a final [decree of the court to the supreme court.]

118-16 order.

118-17 Sec. 403. NRS 151.170 is hereby amended to read as follows:

118-18 151.170 [When] If property is assigned or distributed to a person who

118-19 cannot be found or who refuses to accept the [same] property or to give a

118-20 proper voucher therefor, or to a minor or [incompetent] incapacitated

118-21 person who has no legal guardian to receive the [same,] property, or

118-22 person authorized to receipt therefor, and the [same] property or any part

118-23 thereof consists of money, the [executor or administrator] personal

118-24 representative may deposit the money, in the name of the assignee or

118-25 distributee, with the county treasurer of the county in which the

118-26 proceedings are pending . [, who] The county treasurer shall give a receipt

118-27 for the [same, and be] money and is liable upon [his] the official bond of

118-28 the county treasurer therefor. The receipt [shall be deemed and] must be

118-29 received by the court [, or judge thereof,] as a voucher in favor of the

118-30 [executor or administrator] personal representative with the same force

118-31 and effect as if executed by [such] the assignee or distributee.

118-32 Sec. 404. NRS 151.180 is hereby amended to read as follows:

118-33 151.180 If [the] an assignee or distributee is a nonresident minor or

118-34 [insane or incompetent person,] incapacitated person who has a guardian

118-35 of his estate legally appointed under the laws of [any] a foreign

118-36 jurisdiction, the distribution of [such] the assignee’s or distributee’s share

118-37 may be made to [such] the legally appointed guardian, whose receipt

118-38 therefor, together with a certificate of [his] appointment issued under the

118-39 seal of the court by the clerk of the court appointing [him,] the guardian,

118-40 when filed with the clerk of the court in which [such] the assignment or

118-41 distribution was ordered, [shall be deemed and] must be received by the

118-42 court [, or a judge thereof,] as a complete receipt and voucher in favor of

118-43 the [executor or administrator.] personal representative.

119-1 Sec. 405. NRS 151.190 is hereby amended to read as follows:

119-2 151.190 1. [When] If personal property remains in the [hands of the

119-3 executor or administrator] possession of a personal representative

119-4 unclaimed for 1 year, or [when] if the distributee refuses to accept or give

119-5 a proper receipt for the property, or is a minor or [incompetent]

119-6 incapacitated person and has no legally qualified guardian of his estate,

119-7 and it appears to the court that it is for the benefit of those interested, or if

119-8 the [executor or administrator] personal representative desires his

119-9 discharge and it appears to the court that no injury will result to those

119-10 interested, the court shall order the property to be sold.

119-11 2. The proceeds, after deducting such expenses of sale as may be

119-12 allowed by the court, must be paid into the [county] state treasury. The

119-13 depositor must take from the treasurer [duplicate receipts, one of which he

119-14 must file in the office of the auditor, and the other] a receipt, which must

119-15 be filed with the court.

119-16 Sec. 406. NRS 151.210 is hereby amended to read as follows:

119-17 151.210 [1. When] If any person appears and claims the money paid

119-18 into the state treasury, the court making the distribution [must] shall

119-19 inquire into [such] the claim, and, if satisfied of his right thereto, [must

119-20 grant him a certificate] shall enter an order to that effect [, under its seal.

119-21 2. Upon presentation of the certificate, the auditor must draw his

119-22 warrant on the treasurer for the amount.] to present to the state treasurer.

119-23 Sec. 407. NRS 151.220 is hereby amended to read as follows:

119-24 151.220 [Where] If a specific [legacy] devise of personal property is

119-25 for life only, the life tenant must sign and deliver to the remainderman [,]

119-26 or, if there [be] is none, to the personal representative, an inventory of the

119-27 property, [expressing that the same] acknowledging that it is in [his] the

119-28 life tenant’s custody for life only, and that, on [his decease,] death, it is to

119-29 be delivered to the remainderman.

119-30 Sec. 408. NRS 151.230 is hereby amended to read as follows:

119-31 151.230 1. [When the] If an estate has been fully administered, and

119-32 it is shown by the [executor or administrator,] personal representative, by

119-33 the production of satisfactory [vouchers, that he has paid] receipts, that all

119-34 sums of money due [from him, and delivered up, on the order of the court,]

119-35 and all the property of the estate has been distributed to the persons

119-36 entitled [, and has performed] to it and all acts lawfully required [of him,]

119-37 have been performed, the court shall [make a decree discharging him and

119-38 his] enter an order discharging sureties from all liability thereafter to be

119-39 incurred.

119-40 2. The court may excuse the filing of a receipt on a proper showing

119-41 that the personal representative is unable, after reasonable effort, to

119-42 obtain a receipt and that the property has been delivered to or is in the

119-43 possession of the distributee or creditor.

120-1 3. The provisions of this section do not bar a successful appellant from

120-2 [a decree] an order for the distribution of an estate from the recovery of

120-3 any property distributed to an [heir, devisee or legatee] heir or devisee

120-4 pursuant to the [decree.] order.

120-5 Sec. 409. NRS 151.240 is hereby amended to read as follows:

120-6 151.240 1. Except as otherwise provided in subsection 2, the final

120-7 settlement of an estate does not prevent:

120-8 (a) The reopening of the estate for the purpose of administering other

120-9 property which has been discovered or for correcting errors made in the

120-10 description of the property administered.

120-11 (b) The subsequent issuance of letters [testamentary or letters of

120-12 administration] if it becomes necessary or proper for any cause [,] that

120-13 letters should again be issued.

120-14 2. In the absence of fraud, an estate must not be reopened based upon

120-15 the discovery of:

120-16 (a) A will, if the estate was administered as if the decedent had died

120-17 intestate; or

120-18 (b) A will dated later than the will that was probated.

120-19 Sec. 410. NRS 151.250 is hereby amended to read as follows:

120-20 151.250 [Any] An heir, devisee, [legatee,] creditor or other interested

120-21 person [interested] may petition for the reopening of [the] an estate upon

120-22 the grounds provided in NRS 151.240. The petition must set forth the

120-23 names of all heirs, devisees [, legatees] and creditors and their addresses, if

120-24 known. If the address is unknown to the petitioner, he shall state that fact

120-25 in the petition. [Where an address is unknown, notice must be served as

120-26 provided in the Nevada Rules of Civil Procedure.] The clerk shall set the

120-27 petition for hearing and the petitioner shall give notice for the period and

120-28 in the manner required by NRS 155.010.

120-29 Sec. 411. NRS 151.260 is hereby amended to read as follows:

120-30 151.260 Upon hearing the petition, if good cause is shown, the court

120-31 may:

120-32 1. Reopen the estate.

120-33 2. Order the administration of other property which has been

120-34 discovered.

120-35 3. [Make] Enter any necessary orders to correct errors made in the

120-36 description of the estate previously administered.

120-37 [No] In the absence of fraud, no proceedings may be taken by the court

120-38 after the reopening of an estate except as necessary to administer other

120-39 property which has been discovered or to correct errors made in the

120-40 description of the estate previously administered. Any orders [or decrees]

120-41 of the court made necessary by the reopening of the estate must be

120-42 designated as supplemental orders . [or decrees.]

121-1 Sec. 412. NRS 152.010 is hereby amended to read as follows:

121-2 152.010 [When] If two or more heirs [, devisees or legatees] or

121-3 devisees are entitled to the distribution of undivided interests in any [real

121-4 or personal] property of the decedent, and they have not agreed among

121-5 themselves, before distribution, to a partition, allotment or other division

121-6 thereof, any one or more of them or the [executor or administrator,]

121-7 personal representative, at the request of any one or more of them, may

121-8 petition the court to make such partition, allotment or division of the

121-9 property as will be equitable and will avoid the distribution of undivided

121-10 interests.

121-11 Sec. 413. NRS 152.020 is hereby amended to read as follows:

121-12 152.020 Partition may be made as provided in this chapter, although

121-13 some of the original heirs [, devisees or legatees] or devisees may have

121-14 assigned or conveyed their share to other persons, and [such shares shall]

121-15 those shares must be partitioned to the person holding [the same] them in

121-16 the same manner as they would have been to the heirs [, devisees or

121-17 legatees] or devisees had they not transferred their shares.

121-18 Sec. 414. NRS 152.030 is hereby amended to read as follows:

121-19 152.030 1. [To secure such partition, any] A person interested in the

121-20 partition may file a petition stating the necessary facts, particularly

121-21 describing the property to be partitioned and the person or persons

121-22 interested in the property.

121-23 2. Upon filing the petition, a citation [shall] must issue to all persons

121-24 interested [who shall reside in this state, or their guardians, and to agents,

121-25 attorneys or guardians, if there be any in this state, or such as reside out of

121-26 this state,] to appear and show cause why [a decree] an order of partition

121-27 should not be made as [prayed for.] requested.

121-28 3. The citation [shall specify:

121-29 (a) The] must specify the estate and the party petitioning for partition.

121-30 [(b) The time and place for hearing the petition, not more than 20 days

121-31 from its date.]

121-32 4. The citation must be served [5] in the manner provided in NRS

121-33 155.050 at least 10 days before the hearing [, at the time specified in the

121-34 citation, or at such further time] or for such other period as the court may

121-35 [continue the hearing.] order.

121-36 5. Upon proof [, to the satisfaction of the court,] that the citation has

121-37 been properly served , [as above required,] the court shall proceed to hear

121-38 the petition and the allegation and proofs of the respective parties, and

121-39 [decree] enter an order accordingly.

121-40 Sec. 415. NRS 152.040 is hereby amended to read as follows:

121-41 152.040 Before any partition [shall] may be made, as provided in this

121-42 chapter, guardians [shall] must be appointed for all minor [and insane] ,

121-43 unborn or incapacitated persons interested in the estate to be divided, and

122-1 an attorney [shall] may be appointed for all nonresident or absent heirs or

122-2 other persons interested.

122-3 Sec. 416. NRS 152.050 is hereby amended to read as follows:

122-4 152.050 1. [When] If the property to be partitioned is entirely

122-5 personal property, the court [or judge] shall appoint three competent,

122-6 disinterested persons as commissioners for that purpose, who shall be

122-7 sworn by any person authorized to administer oaths to faithfully and

122-8 impartially discharge their duties.

122-9 2. A certified copy of the order appointing them, attached to a certified

122-10 copy of the [decree] order fixing the shares to which the respective parties

122-11 are entitled must be given to them as their warrant, and their oath must be

122-12 endorsed thereon.

122-13 3. [When] If the property to be divided is real property, or partly real

122-14 and partly personal, one of the three commissioners must be a [practical]

122-15 licensed professional land surveyor.

122-16 4. Upon consent of the parties, and [when] if the court considers it

122-17 proper and just, the court may appoint one commissioner only, who has the

122-18 same authority and is governed by the same rules as if three were

122-19 appointed.

122-20 Sec. 417. NRS 152.060 is hereby amended to read as follows:

122-21 152.060 If the real property to be partitioned [shall be] is in different

122-22 counties, the court , [or judge,] if deemed proper, may appoint

122-23 commissioners for each county, and, in [such] that case, the property in

122-24 each county [shall] must be divided separately, as if there were no other

122-25 estate to be partitioned , [;] but the commissioners first appointed shall,

122-26 unless otherwise directed by the court, make division of the real property

122-27 wherever situated in this state.

122-28 Sec. 418. NRS 152.070 is hereby amended to read as follows:

122-29 152.070 The commissioners shall notify all persons interested in the

122-30 partition, their guardians, agents or attorneys, of the time when they will

122-31 proceed to make partition, [which time shall be as reasonable after their

122-32 appointment as circumstances will admit,] or the court, in the order of

122-33 appointment, may fix the time.

122-34 Sec. 419. NRS 152.090 is hereby amended to read as follows:

122-35 152.090 The several shares in the real and personal property [shall]

122-36 must be set out to each individual in proportion to his [or her] right, and

122-37 the real property by metes, bounds or such description that the [same]

122-38 property can be easily distinguished. If two or more of the parties request

122-39 to have their shares set out so as to be held in common and undivided,

122-40 [such] those shares may be so partitioned.

122-41 Sec. 420. NRS 152.100 is hereby amended to read as follows:

122-42 152.100 [When] If any tract of land or tenement [shall be] is of greater

122-43 value than [either] one party’s share in the estate to be divided, and cannot

123-1 be divided without injury to the [same,] property, it may be set off by the

123-2 commissioners to any one of the parties [,] who will accept it and pay, or

123-3 secure to be paid, to one or more of the others interested, such sum or sums

123-4 as the commissioners [shall] award to make the partition equal, and the

123-5 commissioners shall make their award accordingly [; but such partition

123-6 shall] , but the partition may not be established by the court until the sums

123-7 so awarded [shall be] are paid to the parties entitled to [the same,] them, or

123-8 secured to their satisfaction.

123-9 Sec. 421. NRS 152.110 is hereby amended to read as follows:

123-10 152.110 1. [When] If it cannot otherwise be fairly divided, the whole

123-11 or any part of the property [, real or personal,] may be recommended by

123-12 the commissioners to be sold, and if the report [be] is confirmed, the court

123-13 may order a sale by the [executor or administrator] personal representative

123-14 or by a commissioner appointed for that purpose, and distribute the

123-15 proceeds.

123-16 2. The sale [shall] must be conducted, reported upon and confirmed in

123-17 the same manner and under the same rules as in ordinary cases of sales of

123-18 [land by an executor or administrator under this Title.] real property or

123-19 personal property, as the case may be, by a personal representative under

123-20 chapter 148 of NRS.

123-21 Sec. 422. NRS 152.120 is hereby amended to read as follows:

123-22 152.120 1. When partition of real property among heirs [, devisees

123-23 or legatees shall be] or devisees is required, and such real property [shall

123-24 be] is in common and undivided with the real property of any other person,

123-25 the commissioners shall first divide and sever the property of the

123-26 [deceased] decedent from the property in which it lies in common, and

123-27 such division, so made and established by the court, [shall be] is binding

123-28 upon all the interested persons . [interested.]

123-29 2. The court may authorize the [executor or administrator] personal

123-30 representative to bring [suit] an action for such partition when deemed

123-31 necessary.

123-32 Sec. 423. NRS 152.140 is hereby amended to read as follows:

123-33 152.140 1. The commissioners, within a reasonable time [after they

123-34 have finished their work, shall make a report of their proceedings and of

123-35 the partition made by them, and file the same with the clerk of the court.]

123-36 shall file their report of partition.

123-37 2. Within 15 days after the report is filed any [person] interested

123-38 person may file [exceptions] an objection to the report, particularly

123-39 specifying the grounds of objection. A copy of the [exceptions shall]

123-40 objection must be served upon the commissioners and all parties interested

123-41 in the partition, their guardians, agents or attorneys , [in the county,] with a

123-42 notice to [such] those persons that the [excepting] objecting party will, at a

123-43 [certain time to be mentioned,] time certain, not later than 20 days after the

124-1 filing of the [exceptions,] objection move the court to set aside the report,

124-2 and for a new partition.

124-3 3. At the time specified, or at such other time as the court may [sit,]

124-4 set, the court shall proceed to hear the objection to the report , [and

124-5 exceptions,] and may hear proof by any party [,] and, for sufficient

124-6 reasons, the court may set aside the report and recommit the partition to the

124-7 same commissioners, or appoint others, or may modify or confirm the

124-8 report.

124-9 4. If no [exceptions shall be] objection is filed to the report within the

124-10 time [above specified, the court, on the expiration of the 15 days, or at any

124-11 time thereafter, if] specified and the report appears to be just and correct

124-12 and all the proceedings regular, the court shall [confirm] enter an order

124-13 confirming the report . [, and when the report shall be finally confirmed

124-14 the decree of confirmation and the report shall be recorded by the clerk,

124-15 and the] The court shall order proper conveyance to be made by the

124-16 respective parties to one another, or may [, if for any reason necessary,]

124-17 appoint a commissioner to make [such] the conveyance or conveyances,

124-18 which, when acknowledged and recorded, [shall effectually pass the] is

124-19 sufficient to convey title.

124-20 Sec. 424. NRS 152.150 is hereby amended to read as follows:

124-21 152.150 [When any real] If particular property cannot be divided

124-22 without prejudice or inconvenience to the owners, the court may assign the

124-23 whole to one or more of the parties entitled to shares therein, who will

124-24 accept and pay to the other parties interested their just proportion of the

124-25 true value thereof, or secure the same to their satisfaction [,] or, in case of

124-26 the minority or incapacity of [such] the other party or parties, to the

124-27 satisfaction of the guardian of [such] the minor or [minors.] incapacitated

124-28 person. The true value of the property [shall] must be ascertained and

124-29 reported by the commissioners or appraisers appointed specially for that

124-30 purpose.

124-31 Sec. 425. NRS 152.160 is hereby amended to read as follows:

124-32 152.160 The expenses of partition [shall] must be equitably

124-33 apportioned by the court among the parties, but each party must pay his

124-34 own attorney’s fees [.] , unless otherwise ordered by the court for good

124-35 cause.

124-36 Sec. 426. NRS 152.170 is hereby amended to read as follows:

124-37 152.170 The allotment made by the court [shall control] controls upon

124-38 proceedings for distribution, unless modified for good cause upon

124-39 reasonable notice, and the proceedings leading to [such] the allotment may

124-40 be reviewed upon appeal from the [decree] order of distribution.

124-41 Sec. 427. Chapter 153 of NRS is hereby amended by adding thereto

124-42 the provisions set forth as sections 428 and 429 of this act.

125-1 Sec. 428. 1. A trustee or beneficiary may petition the court

125-2 regarding any aspect of the affairs of the trust, including:

125-3 (a) Determining the existence of the trust;

125-4 (b) Determining the construction of the trust instrument;

125-5 (c) Determining the existence of an immunity, power, privilege, right

125-6 or duty;

125-7 (d) Determining the validity of a provision of the trust;

125-8 (e) Ascertaining beneficiaries and determining to whom property is to

125-9 pass or be delivered upon final or partial termination of the trust, to the

125-10 extent not provided in the trust instrument;

125-11 (f) Settling the accounts and reviewing the acts of the trustee,

125-12 including the exercise of discretionary powers;

125-13 (g) Instructing the trustee;

125-14 (h) Compelling the trustee to report information about the trust or

125-15 account, to the beneficiary;

125-16 (i) Granting powers to the trustee;

125-17 (j) Fixing or allowing payment of the trustee’s compensation, or

125-18 reviewing the reasonableness of his compensation;

125-19 (k) Appointing or removing a trustee;

125-20 (l) Accepting the resignation of a trustee;

125-21 (m) Compelling redress of a breach of the trust;

125-22 (n) Approving or directing the modification or termination of the

125-23 trust;

125-24 (o) Approving or directing the combination or division of trusts; and

125-25 (p) Amending or conforming the trust instrument in the manner

125-26 required to qualify the estate of a decedent for the charitable estate tax

125-27 deduction under federal law, including the addition of mandatory

125-28 requirements for a charitable-remainder trust.

125-29 2. A petition under this section must state the grounds of the petition

125-30 and the name and address of each interested person, including the

125-31 attorney general if the petition relates to a charitable trust, and the relief

125-32 sought by the petition. Except as otherwise provided in this chapter, the

125-33 clerk shall set the petition for hearing and the petitioner shall give notice

125-34 for the period and in the manner provided in NRS 155.010. The court

125-35 may order such further notice to be given as may be proper.

125-36 Sec. 429. The trustee may, upon petition of a beneficiary or the

125-37 guardian of a beneficiary, be ordered to appear at a hearing and render

125-38 an account. The trustee must be served with a citation in the manner

125-39 provided in NRS 155.050. Unless otherwise ordered by the court, the

125-40 citation must be served at least 30 days before the day of the hearing. The

125-41 petition may not be denied unless an account has been filed with the

125-42 court within 1 year before the petition is filed.

125-43 Sec. 430. NRS 153.010 is hereby amended to read as follows:

126-1 153.010 The provisions of [NRS 153.020, 153.030 and 153.040 shall]

126-2 this chapter govern fiduciaries acting under trusts, wills and court orders in

126-3 estate proceedings, whether the [same have] estate has been distributed [,]

126-4 or proceedings are now pending . [, or may hereafter be filed.]

126-5 Sec. 431. NRS 153.020 is hereby amended to read as follows:

126-6 153.020 [1. Where any] If a trust, life estate [,] or estate for years

126-7 [has been] is created by or under any will to continue after distribution, the

126-8 [district] court does not lose jurisdiction of the estate by final distribution

126-9 but, except as otherwise provided in [this subsection,] NRS 164.030,

126-10 retains jurisdiction of it [to settle the accounts under the trusts, life

126-11 tenancies, or estates for years and for] until the distribution of the residue

126-12 to those entitled to it. The distribution may be upon petition of the trustee,

126-13 his successor in interest, or of any person entitled to share in the

126-14 distribution. [The court may transfer supervision of the trust to another

126-15 court within or outside this state as provided in NRS 164.130.

126-16 2. Any trustee of any trust created by any will, or appointed to execute

126-17 any trust created by any will, may, from time to time, pending the

126-18 execution of his trust, petition for the settlement of his accounts as trustee

126-19 before the district court in which the will was probated in the manner

126-20 provided for the settlement of the accounts of executors and administrators.

126-21 3. The trustee shall, for that purpose, present to the court a verified

126-22 petition setting forth the accounts in detail, with a report showing the

126-23 condition of the trust estate and his verified statement giving names and

126-24 post office addresses, if known, of the beneficiaries. Upon the filing

126-25 thereof, the clerk shall fix a day for the hearing and the trustee shall give

126-26 notice of the hearing in the manner prescribed by NRS 155.010. The notice

126-27 must set forth the name of the trust estate, the trustee, and the day

126-28 appointed for the settlement of the account. The court, or a judge thereof,

126-29 may order such further notice to be given as may be proper.

126-30 4. The trustee of any trust created by a will or appointed to execute

126-31 any trust created by a will shall, at the termination of the trust, petition for

126-32 the settlement of his accounts as trustee in the manner provided in chapter

126-33 165 of NRS.]

126-34 Sec. 432. NRS 153.050 is hereby amended to read as follows:

126-35 153.050 1. [Wherever] If by law, or by the terms of [any] an

126-36 instrument creating a life estate [,] or an estate for years, the tenant is

126-37 required to account for [his] use of the property of [which he is tenant,] the

126-38 estate, then the provisions of this chapter concerning accounting by a

126-39 trustee [shall] apply to the life tenant and tenant for years, and, after [his]

126-40 death, to [his executor and administrator.] the personal representative.

126-41 2. [Where] If no obligation to account during his tenancy is imposed

126-42 upon the tenant, nevertheless such of the provisions of this chapter as apply

126-43 to accounting by [the executors and administrators of a trustee shall] a

127-1 trustee apply to the [executors and administrators] personal

127-2 representatives of the tenant, to the extent of determining the residue of the

127-3 estate.

127-4 Sec. 433. NRS 153.060 is hereby amended to read as follows:

127-5 153.060 [Whenever a] If a petition is filed for distribution of the

127-6 residue of the trust estate, estate for life [,] or estate for years to those

127-7 entitled thereto [shall be petitioned for,] , the clerk shall set the petition for

127-8 hearing and the petitioner shall give notice of the hearing [of the petition

127-9 shall be given for the time] for the period and in the manner provided in

127-10 NRS [151.090 upon petitions for distribution.] 155.010.

127-11 Sec. 434. NRS 153.080 is hereby amended to read as follows:

127-12 153.080 [A decree rendered] An order entered under the provisions of

127-13 this chapter, when it becomes final, [shall be] is conclusive upon all

127-14 interested persons , [in interest,] whether or not they are competent or in

127-15 being.

127-16 Sec. 435. NRS 153.090 is hereby amended to read as follows:

127-17 153.090 1. [Any] A person named or designated as a trustee in a will

127-18 may, at any time before distribution of any of the estate to him, decline to

127-19 act as trustee, and an order of court [shall thereupon be made] must be

127-20 entered accepting the resignation , [;] but the declination of any person

127-21 who has qualified as trustee [shall] may not be accepted by the court unless

127-22 [the same shall be in writing and filed in the matter of the estate in the

127-23 court in which the administration is pending, and notice shall be given

127-24 thereof, as is required upon a petition for letters of administration.] a

127-25 petition to accept the declination is filed in the proceeding for

127-26 administration of the estate. Upon the filing of the petition, the clerk

127-27 shall set it for hearing and the petitioner shall give notice to all interested

127-28 persons for the period and in the manner provided in NRS 155.010.

127-29 2. In accepting a declination , the court may [make] enter and enforce

127-30 any order which may be necessary for the preservation of the estate.

127-31 Sec. 436. NRS 153.100 is hereby amended to read as follows:

127-32 153.100 1. The court in which the administration is pending [shall

127-33 have power,] may, at any time before final distribution [, to appoint some

127-34 fit and proper] of the trust, appoint a qualified person to fill [any] a

127-35 vacancy in the office of trustee under the will, whether resulting from

127-36 death, declination, resignation, removal or otherwise, if the appointment is

127-37 necessary to carry out the trust. A person who is named in the will to fill

127-38 the vacancy has priority for appointment.

127-39 2. The appointment may be made by the court upon the [written

127-40 application of any person interested in the trust, filed in the probate

127-41 proceedings, and shall be made only after notice to all parties interested in

127-42 the trust given as required upon a petition for the probate of a will.]

127-43 petition of an interested person. Upon the filing of the petition, the clerk

128-1 shall set it for hearing and the petitioner shall give notice to all interested

128-2 persons for the period and in the manner provided in NRS 155.010.

128-3 3. The court may appoint a temporary trustee without notice if

128-4 necessary to preserve the trust estate.

128-5 Sec. 437. NRS 153.120 is hereby amended to read as follows:

128-6 153.120 The court may [, in its discretion, require the] require a

128-7 person appointed [under NRS 153.100 or 153.110,] as trustee, before

128-8 acting as a trustee, to give a bond as is required of a [person appointed

128-9 administrator.] personal representative. If a bond is required , the trustee

128-10 [shall] must be allowed the cost of the bond [.] out of the trust estate.

128-11 Sec. 438. Chapter 154 of NRS is hereby amended by adding thereto a

128-12 new section to read as follows:

128-13 If a personal representative, on order of the court, pays over or delivers

128-14 to the state treasurer property which has become escheatable to the state,

128-15 the receipt or certificate of the state treasurer evidencing the payment or

128-16 delivery must be filed with the clerk of the district court in the county in

128-17 which the estate is being administered or is located. Upon the filing of the

128-18 receipt or certificate, the personal representative is released from all

128-19 further liability relating to the property.

128-20 Sec. 439. NRS 154.010 is hereby amended to read as follows:

128-21 154.010 [Estates shall escheat to and be] An estate escheats to and is

128-22 vested in the State of Nevada for educational purposes if any person dies or

128-23 has died, within this state, seised of any real or personal estate, and leaving

128-24 no heirs, representatives [, devisees or legatees] or devisees capable of

128-25 inheriting or holding the [same,] estate, and in all cases where there is no

128-26 owner of [such] the estate capable of holding [the same.] it. Any balance

128-27 remaining in a retired employee’s or beneficiary’s individual account

128-28 under the public employees’ retirement system is not an estate within the

128-29 meaning of this chapter.

128-30 Sec. 440. NRS 154.020 is hereby amended to read as follows:

128-31 154.020 1. [Whenever] If the attorney general [shall be informed, or

128-32 shall have] is informed, or has reason to believe, that any real or personal

128-33 [estate] property has become escheatable to this state for the reasons

128-34 specified in NRS 154.010, or that any such [estate] property has, for any

128-35 other reason, become escheatable, [he] the attorney general shall file an

128-36 information [in] on behalf of the state in the district court of the county

128-37 where [such estate,] the property, or any part thereof, is [situated.] located.

128-38 2. The information [shall] must set forth:

128-39 (a) A description of the [estate.] property.

128-40 (b) The name of the person last lawfully seised.

128-41 (c) The name of the [terre-tenant and] persons holding, possessing or

128-42 claiming the [estate,] property, if known.

129-1 (d) The facts and circumstances [in consequence of which the estate is

129-2 claimed to have become escheated.] giving rise to the claim for

129-3 escheatment.

129-4 3. The information [shall] must allege that [by reason thereof] the

129-5 State of Nevada has by law right to [such estate.] the property.

129-6 Sec. 441. NRS 154.030 is hereby amended to read as follows:

129-7 154.030 1. Upon the filing of the information, the court shall order

129-8 that a citation be issued to the person or persons [and bodies politic or

129-9 corporate] alleged in the information to hold, possess or claim the [estate,]

129-10 property, requiring them to appear and show cause why the [estate]

129-11 property should not vest in the State of Nevada. [The citation shall] Unless

129-12 the court otherwise orders, the citation must be made returnable [within

129-13 the time allowed by law in other civil actions.] at least 20 days after its

129-14 service.

129-15 2. The court may also, if deemed advisable, order the citation to be

129-16 published in a newspaper published in the county [,] where the

129-17 administration is pending, if any , [;] and, if none, then in some newspaper

129-18 in this state.

129-19 Sec. 442. NRS 154.040 is hereby amended to read as follows:

129-20 154.040 1. After the filing of an information as provided in NRS

129-21 154.020, and upon [motion] petition of the attorney general, either before

129-22 or after answer, upon notice to the person or persons holding, possessing

129-23 or claiming the [estate,] property, if known, the [district] court may, on

129-24 sufficient cause therefor being shown, appoint a receiver to take charge of

129-25 the real estate or personal property, other than money, mentioned in the

129-26 information, and receive the rents and profits of the [same] property until

129-27 the title of the property [shall be] is finally settled.

129-28 2. The receiver shall, before entering upon his duties, execute a bond

129-29 to the State of Nevada in a sum to be fixed by the court, with sureties to be

129-30 approved by the [judge,] court, conditioned to perform faithfully the duties

129-31 of the trust and to account fully to the person finally [adjudged]

129-32 determined to be entitled to the property. [Such] That person may

129-33 maintain an action on the bond for any default or damage.

129-34 Sec. 443. NRS 154.060 is hereby amended to read as follows:

129-35 154.060 1. All persons [and bodies politic or corporate,] named in

129-36 the information [as terre-tenants or claimants to the estate,] may appear

129-37 and plead to the proceedings, and may traverse or deny the facts stated in

129-38 the information [(] and the title of the state to the estate [therein

129-39 mentioned)] at any time on or before the return day of the citation.

129-40 2. Any other person claiming an interest in the [estate] property may

129-41 appear and be made a defendant, and plead as stated in subsection 1 by

129-42 [motion] petition for that purpose [made in open court] filed within the

129-43 time allowed for pleading.

130-1 3. If any person [shall appear and plead] appears and pleads as stated

130-2 in subsections 1 and 2, denying the title [set up] claimed by the state, or

130-3 [traverse] traverses any material fact set forth in the information, or issue

130-4 or issues of fact to be made up, the matter [shall] must proceed as other

130-5 civil actions on issues of fact.

130-6 4. A survey may be ordered, as in other civil actions, [when] if the

130-7 boundary is called into question.

130-8 Sec. 444. NRS 154.080 is hereby amended to read as follows:

130-9 154.080 1. Upon any judgment [rendered by any] entered by a court

130-10 of competent jurisdiction, escheating real property to the state, on [motion]

130-11 petition of the attorney general, or on [motion of any executor or

130-12 administrator having charge] petition of a personal representative of the

130-13 estate, the court shall, or the court may upon its own motion, [make] enter

130-14 an order that the real property be sold by the sheriff of the county where

130-15 the property is situated, at public sale, after giving notice of the time and

130-16 place of sale as is provided in cases of sale of property under execution.

130-17 2. The sheriff shall, within 10 days after the sale, [make] submit a

130-18 report thereof to the court. Upon the hearing of the report , the court may

130-19 examine the report and any witnesses, and if the proceedings were unfair,

130-20 or the sum bid is disproportionate to the value of the property sold, or if it

130-21 appears that a sum exceeding the bid by at least [10] 5 percent may be

130-22 obtained, the court may vacate the sale and direct another sale to be

130-23 conducted in all respects as if no previous sale had taken place.

130-24 3. If an offer of [10] 5 percent more in amount than that named in the

130-25 report is made to the court in writing by a responsible person, the court

130-26 may accept that offer and confirm the sale, or order a new sale.

130-27 4. If it appears to the court that the sale was legally made and fairly

130-28 conducted, and that the sum bid is not disproportionate to the value of the

130-29 property sold, and that a sum in excess of [10 percent of] 5 percent more

130-30 than the bid cannot be obtained, or [,] if an increased bid was accepted by

130-31 the court, the court shall [make] enter an order confirming the sale and

130-32 directing the sheriff, in the name of the state, to execute to the purchaser a

130-33 conveyance of the property sold. The conveyance vests in the purchaser all

130-34 [of] the right and title of the state therein.

130-35 5. The sheriff shall, out of the proceeds of the sale, pay the costs of the

130-36 proceedings incurred on behalf of the state, including the expenses of

130-37 making the sale, and also an attorney’s fee, if additional counsel was

130-38 employed in the proceedings, to be fixed by the court . [, not exceeding 15

130-39 percent of the amount of the sale.] The sheriff shall deposit the remaining

130-40 proceeds in the state treasury for credit to the fund for escheated estates.

130-41 Sec. 445. NRS 154.105 is hereby amended to read as follows:

130-42 154.105 1. The state treasurer may sell at a public sale [personal]

130-43 property in [his] the custody of the state treasurer which has escheated to

131-1 the state. The state treasurer shall cause public notice of the sale to be

131-2 given. Any money received from the sale must be deposited in the state

131-3 treasury for credit to the fund for escheated estates.

131-4 2. The [executor or administrator having charge] personal

131-5 representative of an estate shall sell any [real or personal] property and

131-6 transmit the proceeds of the sale to the state treasurer for credit to the fund

131-7 for escheated estates unless the state treasurer authorizes transmittal of the

131-8 property.

131-9 Sec. 446. NRS 154.120 is hereby amended to read as follows:

131-10 154.120 1. If, within 6 years after any judgment escheating property

131-11 to the state, any person claims any money or [any real or personal]

131-12 property vested in the state by the judgment, the person may file a petition

131-13 in the district court of Carson City, stating the nature of the claim, with an

131-14 appropriate [prayer] request for the relief demanded.

131-15 2. A copy of the petition must be served upon the attorney general

131-16 before or at the time of filing. Within 20 days after service, the attorney

131-17 general shall appear in the proceeding and plead or answer the petition. If,

131-18 after examining all the facts, the attorney general is convinced that the state

131-19 has no legal defense against the petition, [he] the attorney general may,

131-20 with the consent of the court, confess judgment on behalf of the state.

131-21 3. If judgment is not confessed, the petition is at issue on the 20th day

131-22 after its filing, and may be heard by the court on that day, or at such future

131-23 day as the court may order.

131-24 4. Upon the hearing, the court shall examine the claim and hear the

131-25 allegations and evidence. If the court finds that the person is entitled to any

131-26 money , it shall, by judgment, order the state controller to draw his warrant

131-27 in favor of the claimant upon the state treasurer for the sum specified in the

131-28 order, but without interest, income or cost of any kind to the state. A

131-29 certified copy of the judgment and order directing the state controller to

131-30 draw [his] a warrant for money is a sufficient voucher [for him] to do so.

131-31 5. If any [real or personal] property is the subject of the trial, and the

131-32 court finds the claimant entitled to it, the court shall [decree] enter an

131-33 order accordingly. The [decree] order divests the interests of the state in or

131-34 to the property, but no interest, income or other cost of any kind may be

131-35 taxed against the state.

131-36 6. If any [real or personal] property has been sold as provided in this

131-37 chapter after the judgment of [escheatal,] escheat, the petitioner is entitled

131-38 to the proceeds of the sale less the cost of the sale without any interest,

131-39 income or other cost to the state of any kind, in lieu of the [real or

131-40 personal] property, and the court shall [decree] enter an order accordingly.

131-41 7. All persons, except [infants and persons of unsound mind,] minors

131-42 and incapacitated persons who fail to appear and file their petitions within

131-43 the time limited in subsection 1, are barred forever. [Infants and persons of

132-1 unsound mind have the right to] Minors and incapacitated persons may

132-2 appear and file their petitions at any time within 5 years after their

132-3 respective disabilities are removed.

132-4 Sec. 447. NRS 154.150 is hereby amended to read as follows:

132-5 154.150 1. A person desiring to acquire title to any individual item

132-6 or [parcel of land] real property which has escheated to the state must

132-7 proceed by [application] petition to the director of the state department of

132-8 conservation and natural resources on forms obtainable at his office and in

132-9 the manner described in NRS 154.150 to 154.180, inclusive.

132-10 2. [When applying] A petition for unimproved real [estate] property

132-11 outside of approved townsites [, no application will] may not be accepted

132-12 for a parcel of land less than the smallest legal subdivision (40 acres)

132-13 unless the area in its entirety is less than 40 acres. In such a case , that

132-14 portion of the subdivision [shall] must be described and disposed of on one

132-15 [application,] petition unless, in the discretion of the director of the state

132-16 department of conservation and natural resources, it is found that the

132-17 remaining portion could be disposed of within a reasonable length of time,

132-18 and would not become an isolated tract. He [could] may then accept an

132-19 application for a portion of the tract, [provided that a survey be] if a survey

132-20 is made and a plat submitted on tracing cloth [(24² x 32² )] , 24 inches by

132-21 32 inches, on which [would be] is set forth an accurate [metes and bounds]

132-22 description of the property [,] by metes and bounds, with at least one

132-23 corner of the property tied to a point on the United States public land

132-24 surveys.

132-25 Sec. 448. NRS 154.160 is hereby amended to read as follows:

132-26 154.160 The [application] petition must be accompanied by:

132-27 1. The purchase price in the amount of the [applicant’s] petitioner’s

132-28 offer for the real [estate] property desired.

132-29 2. A sufficient sum to cover the cost of advertising.

132-30 3. [An application] A fee of $5.

132-31 Sec. 449. NRS 154.170 is hereby amended to read as follows:

132-32 154.170 1. The director of the state department of conservation and

132-33 natural resources shall issue a receipt to the [applicant] petitioner for the

132-34 amount deposited in his trust and shall without any unnecessary delay

132-35 cause notice of the [application] petition to be given in the following

132-36 manner:

132-37 (a) By posting one of the notices in a conspicuous place in the office of

132-38 the director of the state department of conservation and natural resources.

132-39 (b) By posting one of the notices at a conspicuous place at the property.

132-40 (c) By publishing a notice in a newspaper in the county in which the

132-41 [land applied for is situate] real property is located at least once each week

132-42 for 4 consecutive weeks prior to the date of sale.

132-43 2. The notice [shall] must contain:

133-1 (a) The name of the deceased owner in which was vested the title before

133-2 death, if known.

133-3 (b) A description of the property as contained in the [application.]

133-4 petition.

133-5 (c) The amount of the offer contained in the [application.] petition.

133-6 (d) A statement that the property will be sold to the highest bidder,

133-7 specifying the time and place of the sale and that the transaction must be

133-8 handled in legal tender of the United States or a certified check.

133-9 3. The director of the state department of conservation and natural

133-10 resources [shall have the power to] may reject any or all bids.

133-11 Sec. 450. NRS 154.180 is hereby amended to read as follows:

133-12 154.180 The person to whom the title passes [shall bear] must pay the

133-13 cost of advertising and the application fee. When the title passes to a

133-14 person other than the person who made the [application,] petition, the

133-15 original [applicant shall] petitioner must be reimbursed all moneys

133-16 deposited by him.

133-17 Sec. 451. Chapter 155 of NRS is hereby amended by adding thereto

133-18 the provisions set forth as sections 452 to 455, inclusive, of this act.

133-19 Sec. 452. If a petition, notice, objection, consent, waiver or other

133-20 paper may be filed, a true and correct facsimile of it may be filed, if the

133-21 original is filed within a reasonable time.

133-22 Sec. 453. In accordance with the provisions of NRS 33.010 and the

133-23 Nevada Rules of Civil Procedure, and upon such terms and conditions as

133-24 the court deems just and appropriate, the court may issue a temporary

133-25 restraining order or an injunction to preserve and protect assets of the

133-26 estate or trust.

133-27 Sec. 454. Unless otherwise ordered by the court, an appeal pursuant

133-28 to NRS 155.190 does not stay any order or proceeding in the estate or

133-29 trust. The court may grant a stay, pending the appeal, of an order from

133-30 which the appeal was taken, upon such bond, undertaking or conditions

133-31 as it deems just or appropriate.

133-32 Sec. 455. 1. If through inadvertence or mistake an order entered

133-33 fails to state correctly the order made by the court, and the inadvertence

133-34 or mistake is brought to the attention of the court by petition or the court

133-35 acts on its own motion, the court may enter an order nunc pro tunc

133-36 correcting the previous order.

133-37 2. The order nunc pro tunc must be in the form of an amended order

133-38 and bear the caption "Amended Order of ....." The body of the amended

133-39 order must be identical to the order being corrected, except for the

133-40 correction, and conclude with language substantially as follows: "This is

133-41 an order nunc pro tunc correcting the previous order of .... dated ....."

133-42 3. If the order to be amended is many pages in length, the court may

133-43 cause to be filed a document captioned "Amendment to Order of ...."

134-1 which addresses only the correction, together with sufficient language to

134-2 identify the correction, and concludes with the same language as an

134-3 amended order. Such an amendment to an order must be accompanied

134-4 by a verified petition, or an affidavit of counsel, specifying the reasons

134-5 for the correction.

134-6 4. The original order may not be physically changed, but must be

134-7 used in conjunction with the order nunc pro tunc correcting it. In

134-8 making corrections in the amendment document a complete clause or

134-9 sentence must be stricken and replaced, even if the only change is to

134-10 correct a single word or figure.

134-11 Sec. 456. NRS 155.010 is hereby amended to read as follows:

134-12 155.010 1. Except as otherwise provided in a specific statute relating

134-13 to the kind of notice required or otherwise ordered by the court in a

134-14 particular instance, a petitioner shall cause notice of the time and place of

134-15 the hearing of a petition to be given to [a] each interested person and to

134-16 every other person entitled to notice pursuant to this Title or his attorney if

134-17 he has appeared by attorney or requested that notice be sent to his attorney.

134-18 Notice must be given:

134-19 (a) By mailing a copy thereof at least 10 days before the time set for the

134-20 hearing by certified, registered or ordinary first-class mail addressed to the

134-21 person being notified at the post office address given in his demand for

134-22 notice, if any, or at his office or place of residence, if known, or by

134-23 personally delivering a copy thereof to the person being notified at least 10

134-24 days before the time set for the hearing; or

134-25 (b) If the address or identity of the person is not known and cannot be

134-26 ascertained with reasonable diligence, by publishing at least once a week

134-27 for 3 consecutive weeks a copy thereof in a newspaper having general

134-28 circulation in the county where the hearing is to be held, the last

134-29 publication of which must be at least 10 days before the date set for the

134-30 hearing.

134-31 2. The court, for good cause shown, may provide for a different

134-32 method or time of giving notice for any hearing [.] , or may dispense with

134-33 the notice otherwise required to be given to a person under this Title.

134-34 3. Proof of the giving of notice must be made on or before the hearing

134-35 and filed in the proceeding.

134-36 4. A person entitled to notice may, in writing, waive notice of the

134-37 hearing of a petition.

134-38 Sec. 457. NRS 155.020 is hereby amended to read as follows:

134-39 155.020 1. Notice of a petition for the probate of a will and the

134-40 issuance of letters [testamentary or for letters of administration] and the

134-41 notice to creditors must be given to:

134-42 (a) The persons respectively entitled thereto, including the state welfare

134-43 administrator, as provided in NRS 155.010; and

135-1 (b) The public, including creditors whose names and addresses are not

135-2 readily ascertainable, by publication on three dates of publication before

135-3 the hearing, and if the newspaper is published more than once each week ,

135-4 there must be at least 10 days from the first to last dates of publication,

135-5 including both the first and last days.

135-6 2. Every publication required by this section must be made in a

135-7 newspaper [printed] published in the county where the proceedings are

135-8 pending, but if there is not such a newspaper, then in one having general

135-9 circulation in that county.

135-10 3. The notice of the hearing upon the petition to administer the estate

135-11 must be in substantially the following form:

135-12 NOTICE OF THE HEARING UPON THE PETITION TO

135-13 ADMINISTER THE ESTATE

135-14 Notice is hereby given that ................................ has filed in this court a

135-15 petition for the probate of a will and for letters testamentary, or for letters

135-16 of administration, of the estate of ................................, deceased, and a

135-17 hearing has been set for the .......... day of ................, 19......, at .......... (a.m.

135-18 or p.m.) at the courthouse of the above-entitled court. All persons

135-19 interested in the estate are notified to appear and show cause why the

135-20 petition should not be granted.

135-21 Dated

135-22 4. As soon as practicable after appointment, [every executor or

135-23 administrator] a personal representative shall, in addition to publishing the

135-24 notice to creditors, mail a copy of the notice to those creditors whose

135-25 names and addresses are readily ascertainable as of the date of first

135-26 publication of the notice and who have not already filed a claim. The

135-27 notice must be in substantially the following form:

135-28 NOTICE TO CREDITORS

135-29 Notice is hereby given that the undersigned has been appointed and

135-30 qualified by the (giving the title of the court and the date of appointment)

135-31 as [executor or administrator (as the case may be)] personal representative

135-32 of the estate of ................................, deceased. All creditors having claims

135-33 against the estate are required to file the claims with the clerk of the court

135-34 within .......... (60 or 90) days after the mailing or the first publication (as

135-35 the case may be) of this notice.

135-36 Dated

135-37 5. If before the last day for the filing of a creditor’s claim under NRS

135-38 145.060, the personal representative discovers the existence of a creditor

136-1 who was not readily ascertainable at the time of first publication of the

136-2 notice to creditors, the personal representative shall immediately mail a

136-3 copy of the notice to the creditor.

136-4 Sec. 458. NRS 155.030 is hereby amended to read as follows:

136-5 155.030 1. At any time after the issuance of letters [testamentary or

136-6 letters of administration upon] in the estate of [any decedent, any person

136-7 interested in the estate or the property thereof, or the attorney for that

136-8 person,] a decedent, an interested person or his attorney may serve upon

136-9 the [executor or administrator or upon the attorney for the executor or

136-10 administrator,] personal representative or his attorney, and file with the

136-11 clerk of the court wherein administration of the estate is pending, a written

136-12 request stating that he desires special notice of any [of the following

136-13 matters,] further filings, steps or proceedings in the administration of the

136-14 estate . [:

136-15 (a) Filing of returns of sales, leases or mortgages of any property of the

136-16 estate, and for confirmation thereof.

136-17 (b) Filing of accounts.

136-18 (c) Filing of petitions for any purpose.

136-19 (d) Filing of reports explaining why estates have not been closed.]

136-20 2. The request must state the post office address of the [person]

136-21 requester or his attorney, and thereafter a brief notice of the filing of any

136-22 [such] returns, petitions, accounts , [or] reports , or other proceedings must

136-23 be addressed to that person or his attorney, at his stated [post office]

136-24 mailing address, and deposited with the United States Postal Service with

136-25 the postage thereon prepaid, within 2 days after [the filing of the return,

136-26 petition or account;] each is filed, or personal service of [such notices] the

136-27 notice may be made on the person or his attorney within the 2 days, and

136-28 the personal service is equivalent to deposit in the post office, and proof of

136-29 mailing or of personal service must be filed with the clerk before the

136-30 hearing of the [petition, return or account.] proceeding.

136-31 3. If, upon the hearing, it appears to the satisfaction of the court that

136-32 the notice has been regularly given, the court shall so find in its order [or

136-33 judgment and the judgment] and the order is final and conclusive upon all

136-34 persons.

136-35 4. An interested person in a testamentary trust or its property, or the

136-36 attorney for that person, may serve upon the trustee or his attorney, and

136-37 file with the clerk of the court wherein administration of the trust is

136-38 pending, a written request stating that he desires notice of the filing of

136-39 accounts and petitions in connection with the trust. The provisions of

136-40 subsections 2 and 3 apply to such a request.

136-41 5. On the filing of an inventory or a supplementary inventory, the

136-42 personal representative shall mail a copy to each person who has

136-43 requested special notice.

137-1 Sec. 459. NRS 155.040 is hereby amended to read as follows:

137-2 155.040 [Whenever] If personal notice is required by this Title to be

137-3 given to any person in the matter of an estate [,] or testamentary trust, and

137-4 no other mode of giving notice is prescribed, it [shall] must be given by

137-5 citation [, which shall be] issued by the clerk [, under the seal of the court,]

137-6 and directed to the person to be served, and [commanding] must command

137-7 the person to appear before the court [or judge, as the case may be,] at a

137-8 time and place to be named in the citation. The nature or character of the

137-9 proceedings [shall] must be briefly stated in the [body thereof.] citation,

137-10 and a copy of the petition, if any, must be attached.

137-11 Sec. 460. NRS 155.060 is hereby amended to read as follows:

137-12 155.060 [When] If no other time is specially prescribed, a citation

137-13 [shall] must be served at least [2] 10 days before the [return day.] day of

137-14 the hearing, but the court may, for good cause shown, shorten the time to

137-15 no less than 1 full judicial day before the day of the hearing.

137-16 Sec. 461. NRS 155.070 is hereby amended to read as follows:

137-17 155.070 [When] If publication is required, [such publication shall] the

137-18 publication must be made daily, or otherwise, as often during the

137-19 prescribed period as the newspaper is regularly issued, unless otherwise

137-20 provided in this Title. The court , [or judge,] however, may prescribe [a

137-21 less number of] less publications during the period for publication, and the

137-22 court [or judge] may, for good cause shown, extend or shorten any of the

137-23 times prescribed in this Title.

137-24 Sec. 462. NRS 155.080 is hereby amended to read as follows:

137-25 155.080 All proofs of publication or other mode or modes of giving

137-26 notice or serving papers may be made by the certificate or affidavit of any

137-27 person competent to be a witness . [, which] The certificate or affidavit

137-28 must be filed, and constitutes prima facie evidence of publication or

137-29 service . [, as the case may be.] Proof of service may also be made [by any

137-30 means] in any manner permitted by the Nevada Rules of Civil Procedure.

137-31 Sec. 463. NRS 155.090 is hereby amended to read as follows:

137-32 155.090 All notices required to be given by this Title may be given by

137-33 the clerk of the court without an order from the [judge for the same;] court,

137-34 and, when so given, for the time and in the manner required by law, they

137-35 [shall be] are as legal and valid as though made upon an order from [such

137-36 judge.] the court. If use of a citation is authorized or required by statute,

137-37 the citation may be issued by the clerk of the court on the request of a

137-38 party or his attorney, without a court order, unless an order is expressly

137-39 required by the statute.

137-40 Sec. 464. NRS 155.110 is hereby amended to read as follows:

137-41 155.110 1. A transcript from the minutes of court, or a copy of the

137-42 signed order of the court, showing the appointment of any person as

137-43 [executor or administrator,] personal representative, together with the

138-1 certificate of the clerk [, under his hand and the seal of the court that such]

138-2 that the person has given bond , if required, and has been qualified, and

138-3 that letters [testamentary or letters of administration] have been issued to

138-4 him, and have not been revoked, [shall have] has the same effect in

138-5 evidence as the letters themselves.

138-6 2. A copy of the letters, with like certificate, [shall have] has the same

138-7 effect.

138-8 Sec. 465. NRS 155.120 is hereby amended to read as follows:

138-9 155.120 [When a decree is rendered,] If an order is entered setting

138-10 apart a homestead, a certified copy of the [decree] order shall be recorded

138-11 in the office of the county recorder of the county where the property is

138-12 located.

138-13 Sec. 466. NRS 155.140 is hereby amended to read as follows:

138-14 155.140 [When, upon any proceeding in an estate,]

138-15 1. In a proceeding involving the estate of a decedent or a

138-16 testamentary trust:

138-17 (a) Interests to be affected must be described in pleadings that give

138-18 reasonable information to owners by name or class, by reference to the

138-19 instrument creating the interest or in another appropriate manner.

138-20 (b) An order binding the sole holder or all co-holders of a power of

138-21 revocation or presently exercisable general power of appointment,

138-22 including a power of amendment, binds other persons to the extent their

138-23 interests, as objects, takers in default or otherwise, are subject to the

138-24 power.

138-25 (c) To the extent there is no conflict of interest between them or

138-26 among persons represented:

138-27 (1) An order binding a guardian of the estate binds the person

138-28 whose estate he controls.

138-29 (2) An order binding a guardian of the person binds the ward if no

138-30 separate guardian of his estate has been appointed.

138-31 (3) An order binding a trustee binds beneficiaries of the trust in a

138-32 proceeding to probate a will establishing or adding to the trust, to review

138-33 the acts or accounts of a previous fiduciary, or involving creditors or

138-34 other third parties.

138-35 (4) An order binding a personal representative binds persons

138-36 interested in the undistributed assets of the estate of a decedent in an

138-37 action or proceeding by or against the estate.

138-38 (d) If there is no conflict of interest and no guardian of the estate has

138-39 been appointed, a parent may represent his minor child.

138-40 (e) An unborn or unascertained person who is not otherwise

138-41 represented is bound by an order to the extent his interest is adequately

138-42 represented by another person having a substantially identical interest in

138-43 the proceeding.

139-1 (f) Notice as prescribed by this Title must be given to every interested

139-2 person or to one who can bind an interested person under subsection (b),

139-3 (c) or (d). Notice may be given both to a person and to another who can

139-4 bind him.

139-5 (g) Notice is given to unborn or unascertained persons who are not

139-6 represented under subsection (b), (c) or (d) by giving notice to all known

139-7 persons whose interest in the proceeding is substantially identical to that

139-8 of the unborn or unascertained persons.

139-9 (h) At any stage of a proceeding, the court may appoint a guardian ad

139-10 litem or an attorney to represent the interest of a minor, an incapacitated,

139-11 unborn or unascertained person, or a persona whose identity or address

139-12 is unknown, if the court determines that representation of the interest

139-13 would otherwise be inadequate. If not precluded by conflict of interest, a

139-14 guardian ad litem or an attorney may be appointed to represent several

139-15 persons or interests. The court shall set out its reasons for appointing a

139-16 guardian ad litem or an attorney as a part of the record of the

139-17 proceeding.

139-18 2. If an attorney has been appointed for minors or [others interested in

139-19 the estate, such] other interested persons, the attorney, until another may

139-20 be appointed, shall represent the person or persons for whom he has been

139-21 appointed in all subsequent proceedings.

139-22 Sec. 467. NRS 155.150 is hereby amended to read as follows:

139-23 155.150 1. All issues of fact in matters of an estate [shall] must be

139-24 disposed of in the same manner as is by law provided upon the trial of

139-25 issues of fact in a common law action [.] , but all matters must be tried by

139-26 the court except as otherwise provided in NRS 137.020.

139-27 2. All questions of cost may be determined by the court, and execution

139-28 may issue therefor in accordance with the order of the court.

139-29 Sec. 468. NRS 155.160 is hereby amended to read as follows:

139-30 155.160 1. An interested person may appear and make a response

139-31 or objection in writing at or before the hearing.

139-32 2. An interested person may appear and make a response or

139-33 objection orally at the hearing. The court may hear and determine the

139-34 response or objection at the hearing or grant a continuance to allow the

139-35 response or objection to be made in writing.

139-36 3. If the court is not in session at the time set for the hearing of any

139-37 matter concerning the settlement of the [estates of deceased persons,]

139-38 estate of a decedent, anyone opposing the [application] petition therein

139-39 made may file objections thereto with the clerk.

139-40 Sec. 469. NRS 155.170 is hereby amended to read as follows:

139-41 155.170 The testimony of a witness or witnesses in other counties of

139-42 this state, or in other [states or territories,] jurisdictions of the United

139-43 States, or in foreign countries, may be taken by deposition as provided in

140-1 the Nevada Rules of Civil Procedure. [When a commission issues ex parte,

140-2 no cross-interrogatories shall be necessary.]

140-3 Sec. 470. NRS 155.180 is hereby amended to read as follows:

140-4 155.180 [When not] Except as otherwise specially provided in this

140-5 Title, all the provisions of law and the Nevada Rules of Civil Procedure

140-6 regulating proceedings in civil cases apply in matters of [estate,] probate,

140-7 when appropriate, or [the same] may be applied as auxiliary to the

140-8 provisions of this Title. The Nevada Rules of Appellate Procedure

140-9 regulating appeals in civil cases apply to appeals taken pursuant to NRS

140-10 155.190.

140-11 Sec. 471. NRS 155.190 is hereby amended to read as follows:

140-12 155.190 In addition to any order [or decree] from which an appeal is

140-13 expressly permitted by this Title, an appeal may be taken to the supreme

140-14 court within 30 days after its entry [,] from an order : [or decree:]

140-15 1. Granting or revoking letters testamentary or letters of

140-16 administration.

140-17 2. Admitting a will to probate or revoking the probate thereof.

140-18 3. Setting aside an estate claimed not to exceed $50,000 in value.

140-19 4. Setting apart property as a homestead, or claimed to be exempt from

140-20 execution.

140-21 5. Granting or modifying a family allowance.

140-22 6. Directing or authorizing the sale or conveyance or confirming the

140-23 sale of property.

140-24 7. Settling an account of [an executor, administrator] a personal

140-25 representative or trustee.

140-26 8. Instructing or appointing a trustee.

140-27 9. Instructing or directing [an executor or administrator.] a personal

140-28 representative.

140-29 10. Directing or allowing the payment of a debt, claim, [legacy] devise

140-30 or attorney’s fee.

140-31 11. Determining heirship or the persons to whom distribution must be

140-32 made or trust property must pass.

140-33 12. Distributing property.

140-34 13. Refusing to make any order mentioned in this section or any

140-35 decision wherein the amount in controversy equals or exceeds, exclusive of

140-36 costs, [$1,000.] $5,000.

140-37 14. Granting or denying a motion to enforce the liability of a surety

140-38 filed pursuant to NRS 142.035.

140-39 15. Granting an order for conveyance or transfer pursuant to section

140-40 332 of this act.

140-41 Sec. 472. NRS 155.200 is hereby amended to read as follows:

141-1 155.200 An appeal by [an executor or administrator] a personal

141-2 representative who has given an official bond as provided in this Title

141-3 [shall be] is complete and effectual without an undertaking on appeal.

142-1 Sec. 473. NRS 155.210 is hereby amended to read as follows:

142-2 155.210 1. Upon an appeal, the [appellate] supreme court may [, in

142-3 its discretion,] reverse, affirm or modify the [judgment, order or decree]

142-4 order appealed from, and as to any or all of the parties, and order a

142-5 remittitur as in other cases, and may order costs to be paid by any party to

142-6 the proceeding, or out of the estate, as justice may require.

142-7 2. Execution for costs may issue out of the district court.

142-8 Sec. 474. NRS 155.220 is hereby amended to read as follows:

142-9 155.220 [When] If an order [or decree appointing an executor or

142-10 administrator shall be] appointing a personal representative is reversed on

142-11 appeal, all lawful acts in administration [upon] of the estate performed by

142-12 [such executor or administrator, if he shall have qualified, shall be] him

142-13 are as valid as if [such order or decree] the order had been affirmed.

142-14 Sec. 475. NRS 159.179 is hereby amended to read as follows:

142-15 159.179 1. [Each] An account made and filed by a guardian of the

142-16 estate or special guardian who is authorized to manage the ward’s property

142-17 [shall] must include the following information:

142-18 (a) The period [of time] covered by the account.

142-19 (b) All cash receipts and disbursements during the period covered by

142-20 the account.

142-21 (c) All claims filed and the action taken thereon.

142-22 (d) Any changes in the ward’s property due to sales, exchanges,

142-23 investments, acquisitions, gifts, mortgages or other transactions which

142-24 have increased, decreased or altered the ward’s property holdings as

142-25 reported in the original inventory or the preceding account.

142-26 (e) Such other information as the guardian considers necessary to show

142-27 the condition of the affairs of the ward.

142-28 2. If the account is for the estates of two or more wards it must show

142-29 the interest of each ward in the receipts, disbursements and property.

142-30 3. Receipts or vouchers for all expenditures must be [filed with the

142-31 account or produced at the hearing, unless excused by law or by the court.

142-32 The court may dispense with the necessity of filing receipts or vouchers

142-33 under the same circumstances] retained for examination under the

142-34 procedures provided [for] in NRS 150.150.

142-35 Sec. 476. Chapter 163 of NRS is hereby amended by adding thereto

142-36 the provisions set forth as sections 477 to 483, inclusive, of this act.

142-37 Sec. 477. Except as otherwise specifically provided in the trust

142-38 instrument, a person who holds a power to appoint or distribute income

142-39 or principal to or for the benefit of others, individually or as trustee, may

142-40 not use the power to discharge his legal obligations.

142-41 Sec. 478. 1. If a trustee commits or threatens to commit a breach

142-42 of trust, a beneficiary or cotrustee of the trust may maintain a proceeding

142-43 for any of the following purposes that is appropriate:

143-1 (a) To compel the trustee to perform his duties.

143-2 (b) To enjoin the trustee from committing the breach of trust.

143-3 (c) To compel the trustee to redress the breach of trust by payment of

143-4 money or otherwise.

143-5 (d) To appoint a receiver or temporary trustee to take possession of the

143-6 trust property and administer the trust.

143-7 (e) To remove the trustee.

143-8 (f) To set aside acts of the trustee.

143-9 (g) To reduce or deny compensation of the trustee.

143-10 (h) To impose an equitable lien or a constructive trust on trust

143-11 property.

143-12 (i) To trace trust property that has been wrongfully disposed of and

143-13 recover the property or its proceeds.

143-14 2. The provision of remedies in subsection 1 does not preclude resort

143-15 to any other appropriate remedy provided by statute or common law.

143-16 3. A proceeding under this section must be commenced by filing a

143-17 petition under NRS 164.010 and 164.030.

143-18 Sec. 479. A trustee has the powers provided in the trust instrument,

143-19 expressed by law or granted by the court upon petition, as necessary or

143-20 appropriate to accomplish a purpose of the trust, but the court may not

143-21 grant a power expressly prohibited by the trust instrument.

143-22 Sec. 480. A third person who acts in good faith is not bound to

143-23 ensure the proper application of trust property paid or delivered to a

143-24 trustee.

143-25 Sec. 481. Upon such terms and conditions as are just and proper,

143-26 the court may order termination and distribution of a trust before the

143-27 time provided in the trust instrument, if administration or continued

143-28 administration of the trust is no longer feasible or economical. A petition

143-29 for such an order may be filed by an interested person under NRS

143-30 164.010 and 164.030.

143-31 Sec. 482. 1. Except as otherwise provided in subsection 2 or in the

143-32 trust, a trustee may distribute property and money:

143-33 (a) In divided or undivided interests; and

143-34 (b) With or without proration.

143-35 2. Each affected beneficiary must consent before property or money

143-36 is distributed without proration, unless the trust specifically authorizes

143-37 the trustee to make that distribution.

143-38 Sec. 483. 1. A trust may refer to a written statement or list to

143-39 dispose of items of tangible personal property not otherwise specifically

143-40 disposed of by the trust, other than money, evidences of indebtedness,

143-41 documents of title, securities and property used in a trade or business.

143-42 2. To be admissible as evidence of the intended disposition, the

143-43 statement or list must contain:

144-1 (a) The date of its execution.

144-2 (b) A title indicating its purpose.

144-3 (c) A reference to the trust to which it relates.

144-4 (d) A reasonably certain description of the items to be disposed of and

144-5 the beneficiaries.

144-6 (e) The signature of the settlor.

144-7 3. The statement or list may be:

144-8 (a) Referred to as a writing to be in existence at the death of the

144-9 settlor.

144-10 (b) Prepared before or after the execution of the trust instrument.

144-11 (c) Altered by the settlor after its preparation.

144-12 (d) A writing which has no significance apart from its affect upon the

144-13 dispositions made by the trust.

144-14 Sec. 484. NRS 163.003 is hereby amended to read as follows:

144-15 163.003 A trust is created only if:

144-16 1. The settlor properly manifests an intention to create a trust; and

144-17 2. There is trust property [.] , except as otherwise provided in NRS

144-18 163.230.

144-19 Sec. 485. NRS 163.010 is hereby amended to read as follows:

144-20 163.010 NRS 163.010 to [163.210,] 163.200, inclusive, may be cited

144-21 as the Uniform Trusts Act.

144-22 Sec. 486. NRS 163.020 is hereby amended to read as follows:

144-23 163.020 As used in NRS 163.010 to [163.210,] 163.200, inclusive,

144-24 unless the context or subject matter otherwise requires:

144-25 1. "Affiliate" means any person directly or indirectly controlling or

144-26 controlled by another person, or any person under direct or indirect

144-27 common control with another person. It includes any person with whom a

144-28 trustee has an express or implied agreement regarding the purchase of trust

144-29 investments by each from the other, directly or indirectly, except a broker

144-30 or stock exchange.

144-31 2. "Relative" means a spouse, ancestor, descendant, brother or sister.

144-32 3. "Trust" means an express trust only.

144-33 4. "Trustee" means the person holding property in trust and includes

144-34 trustees, a corporate as well as a natural person and a successor or

144-35 substitute trustee.

144-36 Sec. 487. NRS 163.050 is hereby amended to read as follows:

144-37 163.050 No trustee [shall] may directly or indirectly buy or sell any

144-38 property for the trust from or to itself or an affiliate , [;] or from or to a

144-39 director, officer [,] or employee of [such] the trustee or of an affiliate , [;]

144-40 or from or to a relative, employer, partner [,] or other business associate of

144-41 a trustee, except with the prior approval of the [district] court having

144-42 jurisdiction of the trust estate . [and of the accounting thereof.]

145-1 Sec. 488. NRS 163.060 is hereby amended to read as follows:

145-2 163.060 1. Except as otherwise provided in subsection 2 [,] or

145-3 authorized by the trust instrument, a trustee shall not as trustee of one

145-4 trust sell property to itself as trustee of another trust except with the

145-5 approval of the [district] court having jurisdiction of the trust estate . [and

145-6 of the accounting thereof.]

145-7 2. A bank or other corporate trustee which is subject to regulation by

145-8 state or federal authorities may sell a security which is listed on a regulated

145-9 stock exchange or sold over the counter by the National Association of

145-10 Securities Dealers and is held by it as fiduciary in one account to itself as

145-11 fiduciary in another account if the transaction is fair to the beneficiaries of

145-12 both accounts and is not otherwise expressly prohibited by a particular

145-13 statute.

145-14 Sec. 489. NRS 163.070 is hereby amended to read as follows:

145-15 163.070 [No] Except as otherwise authorized by the trust instrument

145-16 or order of the court, a corporate trustee shall not purchase for a trust

145-17 shares of its own stock, or its bonds or other securities, or the stock, bonds

145-18 or other securities of an affiliate.

145-19 Sec. 490. NRS 163.100 is hereby amended to read as follows:

145-20 163.100 Unless it is otherwise provided by the trust instrument [, or an

145-21 amendment thereof,] or by court order, all powers of a trustee [shall be]

145-22 are attached to the office and [shall not be] are not personal.

145-23 Sec. 491. NRS 163.110 is hereby amended to read as follows:

145-24 163.110 1. Unless it is otherwise provided by the trust instrument [,

145-25 or an amendment thereof,] or by court order, any power vested in three or

145-26 more trustees may be exercised by a majority of [such trustees; but no] the

145-27 trustees. A trustee who has not joined in exercising a power [shall be] is

145-28 not liable to the beneficiaries or to others for the consequences of [such

145-29 exercise, nor shall] the exercise of power and a dissenting trustee [be] is

145-30 not liable for the consequences of an act in which [he joins] that trustee

145-31 joined at the direction of the majority trustees, if he expressed his dissent

145-32 in writing to any of his cotrustees at or before the time of [such] the

145-33 joinder.

145-34 2. [Nothing in this section shall] This section does not excuse a

145-35 cotrustee from liability for inactivity in the administration of the trust nor

145-36 for failure to attempt to prevent a breach of trust.

145-37 3. Except as otherwise authorized in the trust instrument or by order

145-38 of the court, a power vested in two trustees may only be exercised by

145-39 unanimous action.

145-40 4. If the trustees cannot exercise a power vested in them in a manner

145-41 permitted by this section, an interested person may petition the court for

145-42 appropriate instructions pursuant to NRS 164.010 and 164.030.

146-1 Sec. 492. NRS 163.120 is hereby amended to read as follows:

146-2 163.120 1. [Whenever a trustee shall make a contract which is within

146-3 his powers as trustee, or a predecessor trustee shall have made such a

146-4 contract, and a cause of action shall arise thereon, the party in whose favor

146-5 the cause of action has accrued may sue the trustee in his representative

146-6 capacity, and any judgment rendered in such action in favor of the plaintiff

146-7 shall be collectible out of the trust property. In such an action the plaintiff

146-8 need not prove that the trustee could have secured reimbursement from the

146-9 trust fund if he had paid the plaintiff’s claim.

146-10 2. No judgment shall be rendered] A claim based on a contract

146-11 entered into by a trustee in the capacity of representative, or on an

146-12 obligation arising from ownership or control of trust property, may be

146-13 asserted against the trust by proceeding against the trustee in the capacity

146-14 of representative, whether or not the trustee is personally liable on the

146-15 claim.

146-16 2. A judgment may not be entered in favor of the plaintiff in [such]

146-17 the action unless [he] the plaintiff proves that within 30 days after [the

146-18 beginning of such] filing the action, or within 30 days after the filing of a

146-19 report of an early case conference if one is required, whichever is longer,

146-20 or within such other time as the court may fix, and more than 30 days

146-21 [prior to] before obtaining the judgment, [he] the plaintiff notified each of

146-22 the beneficiaries known to the trustee who then had a present interest, or in

146-23 the case of a charitable trust , the attorney general and any corporation

146-24 which is a beneficiary or agency in the performance of [such] the

146-25 charitable trust, of the existence and nature of the action. [Such notice

146-26 shall] The notice must be given by mailing copies [thereof in postpaid

146-27 envelopes addressed to the parties to be notified] to the beneficiaries at

146-28 their last known addresses. The trustee shall furnish the plaintiff a list of

146-29 the [parties] beneficiaries to be notified, and their addresses, within 10

146-30 days after written demand therefor, and notification of the persons on [such

146-31 list shall constitute] the list constitutes compliance with the duty placed on

146-32 the plaintiff by this section. Any beneficiary, or in the case of charitable

146-33 trusts the attorney general and any corporation which is a beneficiary or

146-34 agency in the performance of [such] the charitable trust, may intervene in

146-35 [such] the action and contest the right of the plaintiff to recover.

146-36 3. [The plaintiff may also hold the trustee who made the contract

146-37 personally liable on such contract, if the contract does not exclude such

146-38 personal liability.] Except as otherwise provided in this chapter or in the

146-39 contract, a trustee is not personally liable on a contract properly entered

146-40 into in the capacity of representative in the course of administration of

146-41 the trust unless the trustee fails to reveal the representative capacity or

146-42 identify the trust in the contract. The addition of the word "trustee" or the

146-43 words "as trustee" after the signature of a trustee to a contract [shall be

147-1 deemed] are prima facie evidence of an intent to exclude the trustee from

147-2 personal liability.

147-3 Sec. 493. NRS 163.140 is hereby amended to read as follows:

147-4 163.140 1. [Where] If a trustee or his predecessor has [incurred

147-5 personal liability for a tort] committed a tort in the course of his

147-6 administration [,] of the trust, the trustee in [his representative] the

147-7 capacity of representative may be sued and collection had from the trust

147-8 property, if the court [shall determine in such] determines in the action

147-9 that:

147-10 (a) The tort was a common incident of the kind of business activity in

147-11 which the trustee or his predecessor was properly engaged for the trust;

147-12 [or]

147-13 (b) That, although the tort was not a common incident of such activity,

147-14 neither the trustee nor his predecessor, nor any officer or employee of the

147-15 trustee or his predecessor, was guilty of personal fault in incurring the

147-16 liability; or

147-17 (c) That, although the tort did not fall within [paragraphs (a) and (b)

147-18 above,] paragraph (a) or (b), it increased the value of the trust property.

147-19 If the tort is within [paragraphs (a) or (b) above,] paragraph (a) or (b),

147-20 collection may be had of the full amount of damage proved , [;] and if the

147-21 tort is within paragraph (c) above, collection may be had only to the extent

147-22 of the increase in the value of the trust property.

147-23 2. In an action against the trustee in [his representative] the capacity of

147-24 representative under this section , the plaintiff need not prove that the

147-25 trustee could have secured reimbursement from the trust fund if [he]

147-26 trustee had paid the plaintiff’s claim.

147-27 3. [No judgment shall be rendered] A judgment may not be entered in

147-28 favor of the plaintiff in [such] the action unless he proves that , within 30

147-29 days after [the beginning of] filing the action, or within 30 days after the

147-30 filing of a report of an early case conference if one is required,

147-31 whichever is longer, or within such other period as the court may fix, and

147-32 more than 30 days [prior to] before obtaining the judgment, he notified

147-33 each of the beneficiaries known to the trustee who then had a present

147-34 interest of the existence and nature of the action. [Such notice shall] The

147-35 notice must be given by mailing copies [thereof in postpaid envelopes

147-36 addressed to such] to the beneficiaries at their last known addresses. The

147-37 [trustees] trustee shall furnish the plaintiff a list of [such] the beneficiaries

147-38 and their addresses, within 10 days after written demand therefor, and

147-39 notification of the persons on [such list shall constitute] the list constitutes

147-40 compliance with the duty placed on the plaintiff by this section. Any

147-41 beneficiary may intervene in [such] the action and contest the right of the

147-42 plaintiff to recover.

148-1 4. [The] Subject to the rights of exoneration or reimbursement

148-2 provided in NRS 163.130, the trustee may also be held personally liable

148-3 for any tort committed by him, or by his agents or employees in the course

148-4 of their employments [, subject to the rights of exoneration or

148-5 reimbursement provided in NRS 163.130.

148-6 5. Nothing in this section shall be construed to] only if the trustee,

148-7 agent or employee is personally at fault.

148-8 5. This section does not change the existing law with regard to the

148-9 liability of trustees of charitable trusts for torts of themselves or their

148-10 employees.

148-11 Sec. 494. NRS 163.160 is hereby amended to read as follows:

148-12 163.160 1. The settlor of [any] a trust affected by NRS 163.010 to

148-13 [163.210,] 163.200, inclusive, may, by provision in the instrument creating

148-14 the trust if the trust was created by a writing, or by oral statement to the

148-15 trustee at the time of the creation of the trust if the trust was created orally,

148-16 or by an amendment of the trust if the settlor reserved the power to amend

148-17 the trust, relieve his trustee from any or all of the duties, restrictions, and

148-18 liabilities which would otherwise be imposed upon him by NRS 163.010 to

148-19 [163.210, inclusive;] 163.200, inclusive, or alter or deny to his trustee any

148-20 or all of the privileges and powers conferred upon the trustee by NRS

148-21 163.010 to [163.210, inclusive;] 163.200, inclusive, or add duties,

148-22 restrictions, liabilities, privileges, or powers, to those imposed or granted

148-23 by NRS 163.010 to [163.210, inclusive;] 163.200, inclusive, but no act of

148-24 the settlor [shall relieve] relieves a trustee from the duties, restrictions, and

148-25 liabilities imposed upon him by NRS 163.030, 163.040 and 163.050.

148-26 2. Except as otherwise provided in subsections 1 and 3, a trustee may

148-27 be relieved of liability for breach of trust by provisions of the trust

148-28 instrument.

148-29 3. A provision of the trust instrument is not effective to relieve a

148-30 trustee of liability:

148-31 (a) For breach of trust committed intentionally, with gross negligence,

148-32 in bad faith, or with reckless indifference to the interest of a beneficiary;

148-33 or

148-34 (b) For any profit that he derives from a breach of trust.

148-35 Sec. 495. NRS 163.170 is hereby amended to read as follows:

148-36 163.170 [Any] A beneficiary of a trust affected by NRS 163.010 to

148-37 [163.210,] 163.200, inclusive, may, if of full legal capacity and acting

148-38 upon full information, by written instrument delivered to the trustee,

148-39 relieve the trustee as to [such] that beneficiary from any or all of the

148-40 duties, restrictions, and liabilities which would otherwise be imposed on

148-41 the trustee by NRS 163.010 to [163.210,] 163.200, inclusive, except as to

148-42 the duties, restrictions, and liabilities imposed by NRS 163.030, 163.040

148-43 and 163.050. [Any such] The beneficiary may release the trustee from

149-1 liability to [such beneficiary] him for past violations of any of the

149-2 provisions of NRS 163.010 to [163.210,] 163.200, inclusive.

149-3 Sec. 496. NRS 163.180 is hereby amended to read as follows:

149-4 163.180 A court [of competent jurisdiction] may, for cause shown and

149-5 upon notice to the beneficiaries, relieve a trustee from any or all of the

149-6 duties and restrictions which would otherwise be placed upon [him] the

149-7 trustee by NRS 163.010 to [163.210,] 163.200, inclusive, or wholly or

149-8 partly excuse a trustee who has acted honestly and reasonably from

149-9 liability for violation of the provisions of NRS 163.010 to [163.210,]

149-10 163.200, inclusive.

149-11 Sec. 497. NRS 163.190 is hereby amended to read as follows:

149-12 163.190 If a trustee violates any of the provisions of NRS 163.010 to

149-13 [163.210,] 163.200, inclusive, he may be removed and denied

149-14 compensation in whole or in part , [;] and any beneficiary, cotrustee [,] or

149-15 successor trustee may treat the violation as a breach of trust.

149-16 Sec. 498. NRS 163.200 is hereby amended to read as follows:

149-17 163.200 NRS 163.010 to [163.210, inclusive, shall] 163.200,

149-18 inclusive, must be so interpreted and construed as to effectuate their

149-19 general purpose to make uniform the law of those states which enact them.

149-20 Sec. 499. NRS 163.230 is hereby amended to read as follows:

149-21 163.230 1. A devise , [or bequest,] the validity of which is

149-22 determinable by the law of this state, may be made by a will to a trustee or

149-23 trustees of a trust established or created by the testator , or by the testator

149-24 and some other person or persons , or by some other person or persons , [(]

149-25 including a funded or unfunded life insurance trust, although the [trustor]

149-26 settlor has reserved any or all rights of ownership of the insurance

149-27 contracts , [),] if the trust is identified in the testator’s will and the terms

149-28 are set forth in a written instrument [(] other than a will , [)] executed

149-29 before or concurrently with the execution of the testator’s will, or in the

149-30 valid last will of a person who has predeceased the testator , [(] regardless

149-31 of the existence, size or character of the corpus of the trust . [).]

149-32 2. The devise [or bequest] is not invalid because the trust is amendable

149-33 or revocable, or both, or because the trust was amended after the execution

149-34 of the will or after the death of the testator.

149-35 3. Unless the testator’s will provides otherwise, the property so

149-36 devised : [or bequeathed:]

149-37 (a) Shall not be deemed to be held under a testamentary trust of the

149-38 testator but is a part of the trust to which it is given; and

149-39 (b) Must be administered and disposed of in accordance with the

149-40 provisions of the instrument or will setting forth the terms of the trust,

149-41 including any amendments thereto made before the death of the testator ,

149-42 [(] regardless of whether made before or after the execution of testator’s

149-43 will , [)] or any modifications or amendments whenever made, which are

150-1 made pursuant to the Charitable Trust Act of 1971, and, if the testator’s

150-2 will so provides, including any amendments to the trust made after the

150-3 death of the testator.

150-4 4. A revocation or termination of the trust before the death of the

150-5 testator causes the devise [or bequest] to lapse.

150-6 Sec. 500. NRS 163.275 is hereby amended to read as follows:

150-7 163.275 1. A fiduciary may invest and reinvest, as [the fiduciary] he

150-8 deems advisable:

150-9 [1.] (a) In stocks , [(] common or preferred , [),] bonds, debentures,

150-10 notes, mortgages or other securities in or outside the United States;

150-11 [2.] (b) In insurance contracts on the life of any beneficiary or of any

150-12 person in whom a beneficiary has an insurable interest, or in annuity

150-13 contracts for any beneficiary;

150-14 [3.] (c) In any real or personal property;

150-15 [4.] (d) In investment trusts;

150-16 [5.] (e) In participations in common trust funds; [and

150-17 6.] (f) In securities of any corporation, trust, association or fund:

150-18 [(a)] (1) Which is engaged, or proposes to engage, in the business of

150-19 investing, reinvesting, owning, holding or trading in securities;

150-20 [(b)] (2) Whose assets are invested principally in cash or in securities

150-21 of other issuers; and

150-22 [(c)] (3) Which is registered as an investment company with the

150-23 Securities and Exchange Commission [.

150-24 7.] and

150-25 (g) Generally in such property as the fiduciary deems advisable, even

150-26 though [such] the investment is not of the character approved by

150-27 applicable law but for this section.

150-28 2. A fiduciary may delegate the authority to invest, but he is not

150-29 thereby relieved of any liability that exists in the absence of delegation.

150-30 Sec. 501. NRS 163.290 is hereby amended to read as follows:

150-31 163.290 A fiduciary may form a corporation , limited liability

150-32 company or other entity , and transfer, assign and convey to [such] the

150-33 corporation , limited liability company or entity all or any part of the estate

150-34 or of any trust property in exchange for the stock, securities or obligations

150-35 of [any such corporation] the corporation, limited liability company or

150-36 entity, and continue to hold [such] the stock and securities and obligations.

150-37 Sec. 502. NRS 163.295 is hereby amended to read as follows:

150-38 163.295 A fiduciary may continue any farming operation received by

150-39 the fiduciary pursuant to the will , trust or other instrument and do any and

150-40 all things deemed advisable by the fiduciary in the management and

150-41 maintenance of such farm and the production and marketing of crops and

150-42 dairy, poultry, livestock, orchard and the forest products, including , but

150-43 not limited to , the following powers:

151-1 1. To operate the farm with hired labor, tenants or sharecroppers;

151-2 2. To lease or rent the farm for cash or for a share of the crops;

151-3 3. To purchase or otherwise acquire farm machinery and equipment

151-4 and livestock;

151-5 4. To construct, repair and improve farm buildings of all kinds needed,

151-6 in the fiduciary’s judgment, for the operation of the farm;

151-7 5. To make or obtain loans or advances at the prevailing rate or rates

151-8 of interest for farm purposes such as for production, harvesting or

151-9 marketing, or for the construction, repair or improvement of farm

151-10 buildings, or for the purchase of farm machinery, equipment or livestock;

151-11 6. To employ approved soil conservation practices in order to

151-12 conserve, improve and maintain the fertility and productivity of the soil;

151-13 7. To protect, manage and improve the timber and forest on the farm

151-14 and sell the timber and forest products when it is to the best interest of the

151-15 estate;

151-16 8. To ditch, dam and drain damp or wet fields and areas of the farm

151-17 when and where needed;

151-18 9. To engage in the production of livestock, poultry or dairy products,

151-19 and to construct such fences and buildings and plant such pastures and

151-20 crops as may be necessary to carry on such operations;

151-21 10. To market the products of the farm; and

151-22 11. In general, to employ good husbandry in the farming operation.

151-23 Sec. 503. NRS 163.315 is hereby amended to read as follows:

151-24 163.315 In dealing with one or more fiduciaries, a fiduciary may:

151-25 1. Sell property, real or personal, to, or exchange property with, the

151-26 trustee of any trust which the decedent or the settlor or [his] the settlor’s

151-27 spouse or any child of [his] the settlor has created, for such estates and

151-28 upon such terms and conditions as to sale price, terms of payment and

151-29 security as to the fiduciary seem advisable. The fiduciary has no duty to

151-30 follow the proceeds of any such sale.

151-31 2. Borrow money for such periods of time and upon such terms and

151-32 conditions as to rates, maturities, renewals and securities as the fiduciary

151-33 deems available from any trust created by the decedent, [his spouse or any

151-34 child of his,] or the spouse or child of the decedent, for the purpose of:

151-35 (a) Paying debts of the decedent, taxes, the costs of the administration

151-36 of the estate [,] and like charges against the estate, or any part thereof; or

151-37 (b) Discharging the liability of any fiduciary thereof. A fiduciary may

151-38 mortgage, pledge or otherwise encumber such portion of the estate or any

151-39 trust as may be required to [secure such] obtain the loan or loans and to

151-40 renew [such] the loans.

151-41 Sec. 504. NRS 163.320 is hereby amended to read as follows:

151-42 163.320 A fiduciary may:

152-1 1. Borrow money for such periods of time and upon such terms and

152-2 conditions as to rates, maturities, renewals and security as the fiduciary

152-3 deems advisable, including the power of a corporate fiduciary to borrow

152-4 from its own banking department, for the purpose of paying debts, taxes or

152-5 other charges against the estate or any trust, or any part thereof;

152-6 2. [Mortgage,] Provide a guarantee by the trust or mortgage, pledge

152-7 or otherwise encumber such portion of the estate or any trust as may be

152-8 required to [secure such] obtain the loan or loans; and

152-9 3. Renew existing loans either as maker or endorser.

152-10 Sec. 505. NRS 163.400 is hereby amended to read as follows:

152-11 163.400 A fiduciary may:

152-12 1. Make payments in money, or in property in lieu of money, to or for

152-13 a minor or [incompetent] incapacitated person in any one or more of the

152-14 following ways:

152-15 (a) Directly to [such] the minor or [incompetent.] incapacitated person.

152-16 (b) To apply directly in payment for the support, maintenance,

152-17 education and medical, surgical, hospital or other institutional care of

152-18 [such] the minor or [incompetent.] incapacitated person.

152-19 (c) To the legal or natural guardian of [such] the minor or

152-20 [incompetent.] incapacitated person.

152-21 (d) To any other person, whether or not appointed guardian of the

152-22 person by any court, who has, in fact, the care and custody of the person of

152-23 [such] the minor or [incompetent.] incapacitated person.

152-24 2. The fiduciary has no duty to see to the application of the payments

152-25 so made, if the fiduciary exercised due care in the selection of the person,

152-26 including the minor or [incompetent,] incapacitated person, to whom

152-27 [such] the payments were made, and the receipt of [such person shall be]

152-28 that person is full acquittance to the fiduciary.

152-29 Sec. 506. NRS 163.440 is hereby amended to read as follows:

152-30 163.440 As used in NRS 163.420 to 163.550, inclusive, unless

152-31 otherwise indicated, section references are to the [Federal] Internal

152-32 Revenue Code of [1954,] 1986, as in effect on January 1, [1971,] 1999,

152-33 and include future amendments to such sections and corresponding

152-34 provisions of future [Internal Revenue Laws.] federal internal revenue

152-35 laws.

152-36 Sec. 507. NRS 163.520 is hereby amended to read as follows:

152-37 163.520 1. In the administration of any private foundation trust, split

152-38 interest trust or charitable trust which is subject to the provisions of the

152-39 Internal Revenue Code of [1954,] 1986, as in effect on January 1, [1971,]

152-40 1999, the following acts are prohibited:

152-41 (a) Engaging in any act or "self-dealing , " [(] as defined in Section

152-42 4941(d) [)] , which would give rise to any liability for the tax imposed by

152-43 Section 4941(a);

153-1 (b) Retaining any "excess business holdings , " [(] as defined in Section

153-2 4943(c) [)] , which would give rise to any liability for the tax imposed by

153-3 Section 4943(a);

153-4 (c) Making any investments which would jeopardize the carrying out of

153-5 any of the exempt purposes of the trust within the meaning of Section

153-6 4944, so as to give rise to any liability for the tax imposed by Section

153-7 4944(a); and

153-8 (d) Making any "taxable expenditures , " [(] as defined in Section

153-9 4945(d) [)] , which would give rise to any liability for the tax imposed by

153-10 Section 4945(a).

153-11 2. This section does not apply to those split interest trusts or amounts

153-12 of such split interest trusts which are not subject to the prohibitions

153-13 applicable to private foundations by reason of the provisions of Section

153-14 4947.

153-15 Sec. 508. NRS 163.540 is hereby amended to read as follows:

153-16 163.540 1. [Any district court of the State of Nevada] A court of this

153-17 state having jurisdiction over any trust to which NRS 163.420 to 163.550,

153-18 inclusive, apply may amend any trust instrument to conform to the

153-19 provisions of NRS 163.420 to 163.550, inclusive.

153-20 2. Any such amendment [shall] must be effected by the [trustee’s]

153-21 trustee filing a [verified petition with the district court and paying the same

153-22 fee therefor as is required by the clerk of that district for the filing of a civil

153-23 complaint. The] petition with the court. The clerk of the court shall set a

153-24 date for the hearing of the petition, and the trustee shall cause notice of

153-25 the hearing of the petition [shall] to be:

153-26 (a) Personally served on the [trustor or trustors of such] settlor or

153-27 settlors of the trust, if living, and on all named beneficiaries of [such] the

153-28 trust, if any, [at least 10 days before the time of the hearing, by handing a

153-29 copy of the notice to the trustor or trustors, to the beneficiaries’ guardian or

153-30 attorneys of record, or mailed by registered or certified mail, with return

153-31 receipt requested, to the trustor or trustors, and the beneficiaries or their

153-32 guardians or attorneys of record, at the last known address of the

153-33 addressee; and

153-34 (b) Posted at the courthouse at least 10 days prior to the time for

153-35 hearing, or published for at least once a week for 3 successive weeks in

153-36 such newspaper as the court or judge orders. There shall be] for the period

153-37 and in the manner provided in NRS 155.010;

153-38 (b) Published on three dates of publication before the hearing, and if

153-39 the newspaper is published more than once each week, there must be at

153-40 least 10 days [between the date of last publication and the time of hearing;]

153-41 from the first to last date of publication, including both the first and the

153-42 last days; and

154-1 (c) Delivered, together with a copy of the petition, to the attorney

154-2 general of the State of Nevada at the time of the filing of the petition.

154-3 3. At the hearing of [such verified] the petition, the court [or judge]

154-4 may authorize the trustee to amend, revise, delete or add provisions to the

154-5 trust [articles] instrument to conform to NRS 163.420 to 163.550,

154-6 inclusive, [in order] to avoid the penalties and liabilities described in

154-7 Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the [trustor

154-8 or trustors of such] settlor or settlors of the trust are living and competent

154-9 to act, [his or their] written consent of the settlor or settlors must first be

154-10 obtained.

154-11 Sec. 509. NRS 163.570 is hereby amended to read as follows:

154-12 163.570 A trustee may:

154-13 1. Join with a decedent’s surviving spouse [, the executor of the

154-14 decedent’s will, or the administrator] or the personal representative of the

154-15 decedent’s estate in the execution and filing of a joint income tax return for

154-16 any period before the decedent’s death for which the decedent had not filed

154-17 an income tax or gift tax return on gifts made by the spouse;

154-18 2. Consent to treat such gifts as having been made one-half by the

154-19 decedent for any period before his death; and

154-20 3. Pay such taxes thereon as are chargeable to the decedent.

154-21 Sec. 510. Chapter 164 of NRS is hereby amended by adding thereto

154-22 the provisions set forth as sections 511, 512 and 513 of this act.

154-23 Sec. 511. Except as otherwise provided in NRS 164.030, the clerk

154-24 shall set a petition authorized by this chapter for hearing, and the

154-25 petitioner shall give notice to all interested persons for the period and in

154-26 the manner provided in NRS 155.010. The notice must state the filing of

154-27 the petition, the object and the time of the hearing. For the purposes of

154-28 this section, "interested person" means a settlor, trustee, beneficiary or

154-29 any other person to whom the court directs that notice be given.

154-30 Sec. 512. 1. The court has exclusive jurisdiction of proceedings

154-31 initiated by the petition of an interested person concerning the internal

154-32 affairs of a nontestamentary trust. Proceedings which may be maintained

154-33 under this section are those concerning the administration and

154-34 distribution of trusts, the declaration of rights and the determination of

154-35 other matters involving trustees and beneficiaries of trusts, including

154-36 petitions with respect to a nontestamentary trust for any appropriate

154-37 relief provided with respect to a testamentary trust in section 511 of this

154-38 act.

154-39 2. A petition under this section may be filed in conjunction with a

154-40 petition under NRS 164.010 or at any time after the court has assumed

154-41 jurisdiction under that section.

154-42 3. Upon the hearing, the court shall enter such order as it deems

154-43 appropriate. The order is final and conclusive as to all matters

155-1 determined and is binding in rem upon the trust estate and upon the

155-2 interests of all beneficiaries, vested or contingent, except that appeal to

155-3 the supreme court may be taken from the order within 30 days after

155-4 notice of its entry by filing notice of appeal with the clerk of the district

155-5 court. The appellant shall mail a copy of the notice to each person who

155-6 has appeared of record.

155-7 4. A proceeding under this section does not result in continuing

155-8 supervisory proceedings. The administration of the trust must proceed

155-9 expeditiously in a manner consistent with the terms of the trust, without

155-10 judicial intervention or the order, approval or other action of any court,

155-11 unless the jurisdiction of the court is invoked by an interested person or

155-12 exercised as provided by other law.

155-13 Sec. 513. 1. The trustee or an interested person may petition the

155-14 court to enter an order:

155-15 (a) If the trustee is in possession of, or holds title to, property and the

155-16 property or an interest in it is claimed by another.

155-17 (b) If the trustee has a claim to property and another holds title to or is

155-18 in possession of the property.

155-19 (c) If property of the trust is subject to a claim of a creditor of the

155-20 settlor of the trust.

155-21 2. The court shall not grant a petition under this section if it

155-22 determines that the matter should be determined by civil action.

155-23 3. The petition must state facts showing that it is authorized under

155-24 this section, the grounds of the petition, and the name and address of

155-25 each person entitled to notice of the petition.

155-26 4. Upon the filing of the petition, the clerk shall set it for hearing and

155-27 the petitioner shall give notice of the hearing, at least 30 days before the

155-28 time set, to:

155-29 (a) All interested persons, including the attorney general if the petition

155-30 relates to a charitable trust, in the manner provided in NRS 155.010.

155-31 (b) Each person claiming an interest in, or having title to or

155-32 possession of the property, and any other person whose right, title or

155-33 interest in or to the property would be affected by the granting of the

155-34 petition, in the manner provided in NRS 155.040.

155-35 (c) Any other person, and in the manner, directed by the court.

155-36 5. Except as otherwise provided in subsection 2, if the court is

155-37 satisfied that a conveyance, transfer, delivery or other disposition should

155-38 be made, the court shall enter an order directing the trustee or other

155-39 person having title to or possession of the property to convey, transfer or

155-40 deliver it to the person entitled thereto or granting other appropriate

155-41 relief.

155-42 Sec. 514. NRS 164.010 is hereby amended to read as follows:

156-1 164.010 1. Upon petition of any person appointed as trustee of an

156-2 express trust by any written instrument other than a will, or upon petition

156-3 of [any] a settlor or beneficiary of the trust, the district court of the county

156-4 [wherein] in which the trustee resides or [has his place of] conducts

156-5 business , or in which the trust has been domiciled, shall consider the

156-6 application to confirm the appointment of the trustee and specify the

156-7 manner in which [he shall] the trustee must qualify. Thereafter the [district

156-8 court shall have] court has jurisdiction of the trust as a proceeding in rem.

156-9 2. [Upon petition of any person appointed as trustee of an express trust

156-10 by any will, or upon petition of any beneficiary of the trust, the district

156-11 court in which the will was probated shall consider the application to

156-12 confirm the appointment of the trustee and specify the manner in which he

156-13 shall qualify. Thereafter the district court shall have jurisdiction of the trust

156-14 as a proceeding in rem.] If the court grants the petition, it may consider at

156-15 the same time any petition for instructions filed with the petition for

156-16 confirmation.

156-17 3. At any time, the trustee may petition the court for removal of the

156-18 trust from continuing jurisdiction of the court.

156-19 Sec. 515. NRS 164.025 is hereby amended to read as follows:

156-20 164.025 1. The trustee of a nontestamentary trust may after the death

156-21 of the settlor of the trust cause to be published a notice in the manner

156-22 specified in paragraph (b) of subsection 1 of NRS 155.020 [.

156-23 2. If notice is so published, it] and mail a copy of the notice to known

156-24 or readily ascertainable creditors.

156-25 2. The notice must be in substantially the following form:

156-26 Notice to Creditors

156-27 Notice is hereby given that the undersigned is the duly appointed and

156-28 qualified trustee of the ................ trust. ................, the settlor of that trust

156-29 died on ................. A creditor having a claim against the trust estate must

156-30 file his claim with the undersigned at the address given below within 90

156-31 days after the first publication of this notice.

156-32 Dated

156-33

156-34 Trustee

156-35

156-36 Address

156-37 3. A person having a claim, due or to become due, against a settlor

156-38 or the trust must file the claim with the trustee within 90 days after the

156-39 mailing, for those required to be mailed, or 90 days after publication of

157-1 the first notice to creditors. Any claim against the trust estate not filed

157-2 within [90 days after the first publication of notice] that time is forever

157-3 barred. After [90 days from the first publication of the notice,] the

157-4 expiration of the time, the trustee may distribute the assets of the trust to

157-5 its beneficiaries without personal liability to any creditor who has failed to

157-6 file a claim with the trustee.

157-7 4. If the trustee knows or has reason to believe that the settlor received

157-8 public assistance during his lifetime, the trustee shall, whether or not he

157-9 gives notice to other creditors, give notice within 30 days after the death to

157-10 the welfare division of the department of human resources [by certified

157-11 mail, return receipt requested, postage prepaid.] in the manner provided in

157-12 NRS 155.010. If notice to the welfare division is required by this

157-13 subsection but is not given, the trust estate and any assets transferred to a

157-14 beneficiary remain subject to the right of the welfare division to recover

157-15 public assistance received.

157-16 Sec. 516. NRS 164.040 is hereby amended to read as follows:

157-17 164.040 [Nothing in NRS 164.010 and 164.030 shall be deemed to

157-18 limit or abridge]

157-19 1. NRS 164.010 and section 513 of this act do not limit or abridge the

157-20 power or jurisdiction of the district court over trusts and trustees.

157-21 2. The court may enter any order or take any other action necessary

157-22 or proper to dispose of the matters presented by a petition, including the

157-23 appointment of a temporary trustee to administer the trust in whole or in

157-24 part.

157-25 Sec. 517. NRS 164.050 is hereby amended to read as follows:

157-26 164.050 1. In acquiring, investing, reinvesting, exchanging,

157-27 retaining, selling and managing property for the benefit of another, a

157-28 fiduciary shall exercise the judgment and care under the circumstances

157-29 then prevailing, which persons of prudence, discretion and intelligence

157-30 exercise in the management of their own affairs, not in regard to

157-31 speculation, but in regard to the permanent disposition of their money,

157-32 considering the probable income as well as the probable safety of their

157-33 capital. Within the limitations of the foregoing standard, and subject to any

157-34 express provision or limitation contained in any particular trust instrument

157-35 , agreement, court order or will, a fiduciary may acquire and retain every

157-36 kind of property, real, personal or mixed, and every kind of investment,

157-37 including, without limitation, bonds, debentures [,] and other corporate

157-38 obligations, and stocks, preferred or common, which persons of prudence,

157-39 discretion and intelligence acquire or retain for their own account.

157-40 2. The propriety of an investment decision is to be determined by what

157-41 the fiduciary knew or should have known at the time of the decision about

157-42 the inherent nature and expected performance of the investment, the

157-43 attributes of the portfolio, the general economy and the needs and

158-1 objectives of the beneficiaries of the account as they existed at the time of

158-2 the decision. Any determination of the liability of the fiduciary for the

158-3 performance of his investments must be made giving consideration not

158-4 only to the performance of a particular investment, but also to the

158-5 performance of the portfolio as a whole.

158-6 3. [Nothing contained in this section authorizes] This section does not

158-7 authorize any departure from, or variation of, the express terms or

158-8 limitations set forth in any will, agreement, court order or [other] trust

158-9 instrument creating or defining the duties and powers. The term "legal

158-10 investment" or "authorized investment," or words of similar import, as

158-11 used in any such instrument, must be construed to mean any investment

158-12 which is permitted by the terms of subsection 1.

158-13 4. The provisions of this section govern fiduciaries acting pursuant to

158-14 wills, agreements, court orders and [other] trust instruments.

158-15 Sec. 518. NRS 164.070 is hereby amended to read as follows:

158-16 164.070 NRS 164.070 to [164.120,] 164.100, inclusive, may be cited

158-17 as the Uniform Common Trust Fund Act.

158-18 Sec. 519. NRS 164.080 is hereby amended to read as follows:

158-19 164.080 1. Any bank or trust company qualified to act as fiduciary

158-20 in this state, or in any other state if affiliated with a bank or trust company

158-21 qualified to act as fiduciary in this state, may:

158-22 (a) Establish common trust funds to furnish investments to itself and its

158-23 affiliated bank or trust company as fiduciary or to itself, its affiliated bank

158-24 or trust company and others, as cofiduciaries; and

158-25 (b) As fiduciary or cofiduciary, invest money which it lawfully holds

158-26 for investment in interests in those common trust funds, if the investment is

158-27 not prohibited by the instrument, judgment, decree or order creating the

158-28 fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust

158-29 company procures the consent of its cofiduciaries to the investment.

158-30 2. Any bank or trust company, qualified to act as fiduciary in the state

158-31 in which it was chartered, which is not a member of the Federal Reserve

158-32 System shall, in the operation of the common trust fund, comply with the

158-33 regulations adopted by the supervisor of banking in the state in which it

158-34 was chartered and with the regulations adopted by the commissioner of

158-35 financial institutions in this state.

158-36 3. The commissioner of [the division of] financial institutions of the

158-37 department of business and industry may adopt regulations to carry out the

158-38 provisions of NRS 164.070 to [164.120,] 164.100, inclusive.

158-39 4. As used in this section, "affiliated" means two or more banks or

158-40 trust companies:

158-41 (a) In which at least 25 percent of their voting shares, excluding shares

158-42 owned by the United States or by any company wholly owned by the

159-1 United States, are directly or indirectly owned or controlled by a holding

159-2 company; or

159-3 (b) In which the election of a majority of the directors is controlled in

159-4 any manner by a holding company.

159-5 Sec. 520. NRS 164.090 is hereby amended to read as follows:

159-6 164.090 Unless ordered by a court of competent jurisdiction , the bank

159-7 or trust company operating [such] common trust funds is not required to

159-8 render a court accounting with regard to [such funds;] those funds, but it

159-9 may, by [application to the district] petition to the court, secure approval

159-10 of such an accounting on such conditions as the court may establish.

159-11 Sec. 521. NRS 164.100 is hereby amended to read as follows:

159-12 164.100 NRS 164.070 to [164.120,] 164.100, inclusive, [shall] must

159-13 be so interpreted and construed as to effectuate their general purpose to

159-14 make uniform the law of those states which enact them.

159-15 Sec. 522. NRS 164.130 is hereby amended to read as follows:

159-16 164.130 Upon [motion] petition by any person appointed by the court

159-17 or otherwise as trustee, with the concurrence of the beneficiary or

159-18 beneficiaries, a [district] court having jurisdiction of a trust may transfer

159-19 supervision of the trust to any judicial district within the state, or to any

159-20 court outside Nevada which accepts jurisdiction over the trust, when the

159-21 convenience of beneficiaries, trustees, attorneys or other interested persons

159-22 makes a transfer desirable.

159-23 Sec. 523. NRS 164.520 is hereby amended to read as follows:

159-24 164.520 "Donative instrument" means a will, trust, deed, grant,

159-25 conveyance, agreement, memorandum, writing or other governing

159-26 document, including the terms of any institutional solicitations from which

159-27 an institutional fund resulted, under which property is transferred to or held

159-28 by an institution as an institutional fund.

159-29 Sec. 524. NRS 165.020 is hereby amended to read as follows:

159-30 165.020 1. As used in this chapter:

159-31 (a) "Affiliate" means any person directly or indirectly controlling or

159-32 controlled by another person, or any person under direct or indirect

159-33 common control by another person. It includes any person with whom a

159-34 trustee has an express or implied agreement regarding the purchase of trust

159-35 investments by each from the other, directly or indirectly.

159-36 (b) "Beneficiary" includes a beneficiary under the trust, a person who is

159-37 entitled to the trust capital at the termination of the trust and a surety on the

159-38 bond of the trustee.

159-39 (c) "Nontestamentary trustee" means a trustee serving under a trust

159-40 created in this state otherwise than by a will, or such a trust administered

159-41 in this state, whether the trustee was appointed by the settlor or by a court

159-42 or other authority.

160-1 (d) "Relative" means a spouse, ancestor, descendant, brother [,] or

160-2 sister.

160-3 (e) "Settlor" includes the creator of a testamentary as well as a

160-4 nontestamentary trust.

160-5 (f) "Testamentary trustee" means a trustee serving under a trust created

160-6 by a will of a testator domiciled in this state at the time of [his] the

160-7 testator’s death, whose will has been admitted to probate in this state,

160-8 whether the trustee was appointed by the testator or by a court or other

160-9 authority.

160-10 (g) "Trustee" includes trustees, a corporate as well as a natural person, a

160-11 successor or substitute trustee, and the successor in interest of a deceased

160-12 sole trustee.

160-13 2. This chapter [shall] does not apply to resulting trusts, constructive

160-14 trusts, business trusts where certificates of beneficial interest are issued to

160-15 the beneficiaries, investment trusts, voting trusts, insurance trusts prior to

160-16 the death of the insured, trusts in the nature of mortgages or pledges, trusts

160-17 created by judgment or decree of a federal court or a state court other than

160-18 the district court acting in probate matters, liquidation trusts, or trust for

160-19 the sole purpose of paying dividends, interest or interest coupons, salaries,

160-20 wages or pensions.

160-21 Sec. 525. NRS 165.030 is hereby amended to read as follows:

160-22 165.030 Within 75 days after [it is the duty of the first qualifying] a

160-23 testamentary trustee [to take] receives possession of [the] trust property

160-24 [he] , the trustee shall file with the [district] court where the will was

160-25 admitted to probate an inventory under oath, showing by items all the trust

160-26 property which [shall have] has come to [his] the possession or knowledge

160-27 [.] of the trustee.

160-28 Sec. 526. NRS 165.040 is hereby amended to read as follows:

160-29 165.040 1. Except as otherwise provided in subsection 3, within [75

160-30 days after the expiration of the first year after the first qualifying

160-31 testamentary trustee was under] 60 days after the end of the calendar year

160-32 in which the testamentary trustee had a duty to file [his] an inventory, as

160-33 prescribed in NRS 165.030, [or, at his election, within 75 days after the

160-34 expiration of the testamentary trustee’s first fiscal year,] the testamentary

160-35 trustee [then in office] shall file with the [district] court of the county

160-36 where the will was admitted to probate an intermediate account under oath

160-37 covering the year and showing:

160-38 (a) The period which the account covers;

160-39 (b) The names and addresses of the living beneficiaries known to the

160-40 trustee, with a statement as to those known to be minors or [under legally

160-41 declared disability,] incapacitated persons, a description of any possible

160-42 unborn or unascertained beneficiaries, and the name of the surety or

160-43 sureties on the trustee’s bond with the amount of the bond;

161-1 (c) In a separate schedule, additions to trust principal during the

161-2 accounting period with the dates and sources of acquisition, investments

161-3 collected, sold or charged off during the accounting period, investments

161-4 made during the accounting period, with the date, source and cost of each,

161-5 deductions from principal during the accounting period, with the date and

161-6 purpose of each, and the trust principal, invested or uninvested, on hand at

161-7 the end of the accounting period, reflecting the approximate market value

161-8 thereof;

161-9 (d) In a separate schedule , the trust income on hand at the beginning of

161-10 the accounting period, and in what form held, trust income received during

161-11 the accounting period, when, and from what source, trust income paid out

161-12 during the accounting period, when, to whom, and for what purpose, trust

161-13 income on hand at the end of the accounting period, and how invested;

161-14 (e) That , without prior court authority, neither any seller to, nor buyer

161-15 from, the trustee of trust property during the accounting period was at the

161-16 time of the sale or purchase:

161-17 (1) In the case of a corporate trustee, an affiliate or any officer,

161-18 employee, or nominee of the trust or of an affiliate; or

161-19 (2) In the case of a noncorporate trustee, a relative, partner,

161-20 employer, employee or business associate,

161-21 but none of the provisions of this paragraph apply to purchases and sales

161-22 made by brokers for the trustee or to stock exchanges;

161-23 (f) A statement of unpaid claims with the reason for failure to pay them,

161-24 including a statement as to whether any estate or inheritance taxes have

161-25 become due with regard to the trust property, and if due, whether paid;

161-26 (g) A brief summary of the account; and

161-27 (h) Such other facts as the court may by rule or court order require.

161-28 2. Except as otherwise provided in subsection 3, within [30] 60 days

161-29 after the end of each [yearly period] calendar year thereafter during the

161-30 life of the trust, the testamentary trustee then in office shall file with the

161-31 same court an intermediate account under oath showing corresponding

161-32 facts regarding the current accounting period.

161-33 3. A corporate trustee is not required to file the intermediate accounts

161-34 specified in subsections 1 and 2. A corporate trustee [must] shall include

161-35 the information specified in subsection 1 in the final account for the entire

161-36 time for which the trustee administered the trust.

161-37 Sec. 527. NRS 165.050 is hereby amended to read as follows:

161-38 165.050 Within [30] 60 days after the termination of [every] a

161-39 testamentary trust , the trustee, and in the case of the transfer of the

161-40 trusteeship [due to] because of the death, resignation, removal, dissolution,

161-41 merger [,] or consolidation of a sole trustee, the successor in interest of the

161-42 old trustee, shall file with the [district] court of the county where the will

161-43 was admitted to probate a final account under oath, showing for the period

162-1 since the filing of the last account the facts required by NRS 165.040

162-2 regarding intermediate accountings, and in case of termination of the trust,

162-3 the distribution of the trust property which the accountant proposes to

162-4 make.

162-5 Sec. 528. NRS 165.060 is hereby amended to read as follows:

162-6 165.060 Within 30 days after the distribution of the trust property by

162-7 the testamentary trustee [he] , the trustee shall file in the court where the

162-8 final account was filed a [distribution] distributive account of the trust

162-9 property which [he] the trustee has distributed and the receipts of the

162-10 distributees. The court shall, as soon as practicable, act upon the account

162-11 and discharge the trustee if the distributive account is approved.

162-12 Sec. 529. NRS 165.070 is hereby amended to read as follows:

162-13 165.070 1. Every testamentary trustee who files an intermediate

162-14 account in court shall , within 10 days after [such] the filing , deliver to

162-15 each known beneficiary a notice of [such] the filing, and if there is to be no

162-16 court hearing on the account , a summary of the account with an offer to

162-17 deliver the full account on demand, or if there is to be a court hearing on

162-18 the account , a copy of the account. [Such] The delivery may be:

162-19 [1.] (a) By handing the notice [or copy] and summary or full account

162-20 to the beneficiary personally, or to [his guardian,] the beneficiary’s

162-21 guardian or attorney of record; or

162-22 [2.] (b) By sending [it] them by registered [or certified mail with return

162-23 receipt requested to such beneficiary, or his] , certified or first-class mail

162-24 to the beneficiary, guardian or attorney of record, at the last known

162-25 address of the addressee.

162-26 2. Any beneficiary or the trustees may petition the court for a hearing

162-27 on any intermediate account, and the holding of such a hearing [shall be] is

162-28 in the discretion of the court. In the case of the third intermediate

162-29 accounting, and every 3 years thereafter, the trustee shall [apply to]

162-30 petition the court for a hearing on and approval of all unapproved

162-31 accounts, and shall give each known beneficiary written notice of [such

162-32 application at least 5 days before the return day thereof,] the petition at

162-33 least 10 days before the day of the hearing, in the manner prescribed for

162-34 the delivery of the copy of the account. The [return day of the application

162-35 for a] date of the hearing on a petition to approve an intermediate

162-36 accounting [shall] must be at least [5] 10 days after the latest account was

162-37 filed. The notice by the trustee of the [application] petition for a hearing on

162-38 and approval of the account [shall] must inform the beneficiaries of the

162-39 amount of [commissions or other compensation] fees to be requested by

162-40 the trustee on [such] the hearing, and the amount of other fees which the

162-41 court will then be requested to allow.

162-42 Sec. 530. NRS 165.080 is hereby amended to read as follows:

163-1 165.080 At least 10 days before the [return day] hearing of a petition

163-2 to approve a final accounting, the testamentary trustee shall deliver to each

163-3 beneficiary a copy of the account and a notice of the time and place at

163-4 which the account will be presented for approval, which [date shall] may

163-5 not be earlier than 10 days after the account was filed. [Such] The delivery

163-6 may be accomplished in the same manner as with regard to the service of

163-7 papers on the intermediate accounting. The notice [shall] must inform the

163-8 beneficiaries of the amount of [commissions or other compensation] fees

163-9 to be requested by the trustee [on the application] in the petition for

163-10 approval of the account, and the amount of other fees which the court will

163-11 then be requested to allow.

163-12 Sec. 531. NRS 165.090 is hereby amended to read as follows:

163-13 165.090 1. Except as provided in subsection 2, when an intermediate

163-14 or final account is presented for consideration in court , the testamentary

163-15 trustee [shall produce in court vouchers for all expenditures of $20 or

163-16 more, made by the trustee during the accounting period. Where the account

163-17 is accompanied by a report of a certified or registered public accountant, or

163-18 a certified or registered public accountant upon hearing of any account

163-19 testifies that all expenditures of $20 or more made by the trustee during the

163-20 accounting period are supported by vouchers, then it shall not be necessary

163-21 to produce the vouchers in court. When vouchers are produced upon a

163-22 hearing the same shall be returned to the trustee after the account is

163-23 approved.

163-24 2. A corporate trustee] is not required to file vouchers with the court to

163-25 substantiate payments made [on behalf of any beneficiary,] in the

163-26 administration of the trust, but shall retain possession of the vouchers and

163-27 permit examination thereof by [any beneficiary or] the court [.] or any

163-28 person interested in the estate.

163-29 2. The court on its own motion, or upon application ex parte for

163-30 good cause by any interested person, may order production for

163-31 examination of vouchers, canceled checks or other documents that

163-32 support an account.

163-33 3. If any vouchers are lost, or for other good reason cannot be

163-34 produced on settlement of an account, the payment may be proved by the

163-35 oath of one competent witness. If it is proved that vouchers for a

163-36 disbursement have been lost or destroyed, that it is impossible to obtain

163-37 duplicates, and that the expenses were paid in good faith and were legal

163-38 charges against the testamentary trust, the trustee must be allowed those

163-39 expenses.

163-40 Sec. 532. NRS 165.100 is hereby amended to read as follows:

163-41 165.100 [Any] A beneficiary who is a minor [, of unsound mind,] or

163-42 otherwise legally [incompetent,] incapacitated, and also possible unborn

163-43 or unascertained beneficiaries , may be represented in a testamentary trust

164-1 accounting by [the court,] a court-appointed attorney or by competent

164-2 living members of the class to which they do or would belong, or by a

164-3 guardian ad litem, as the court deems [best.] proper. If the residence of any

164-4 beneficiary is unknown, or there is doubt as to the existence of one or more

164-5 persons as beneficiaries, the court shall make such provision for service of

164-6 notice and representation on the accounting as it believes proper.

164-7 Sec. 533. NRS 165.110 is hereby amended to read as follows:

164-8 165.110 On or before the [return day of an application for a hearing

164-9 on and] date of the hearing of a petition for approval of an intermediate or

164-10 final account , the testamentary trustee shall file an affidavit or certificate

164-11 proving the timely delivery to the known beneficiaries of the documents

164-12 required by this chapter or by court order. The procedure as to filing of

164-13 objections, examination of the trustee and other witnesses, inspection of

164-14 the trust property, adjournments, reference to a master or other

164-15 representative of the court, amendment of the account [,] and similar

164-16 matters, [shall be] is in the discretion of the court. [The court shall, as soon

164-17 as practicable, act upon the account, and discharge the trustee if the

164-18 account is an approved distribution account.]

164-19 Sec. 534. NRS 165.120 is hereby amended to read as follows:

164-20 165.120 The approval by the court of a testamentary trustee’s account

164-21 after due notice and service of papers or representation as provided in this

164-22 chapter , [shall,] subject to the right of appeal, [relieve] relieves the trustee

164-23 and his sureties from liability to all beneficiaries then known or in being,

164-24 or who thereafter become known or in being, for all the trustee’s acts and

164-25 omissions which are fully and accurately described in the account,

164-26 including the then investment of the trust funds. The court may disapprove

164-27 the account and surcharge the trustee for any loss caused by a breach of

164-28 trust committed by him. The account may be reopened by the court on

164-29 [motion] petition of the trustee or a beneficiary, for amendment or

164-30 revision, if it later appears that the account is incorrect, either because of

164-31 fraud or mistake. Court approvals or disapprovals of intermediate or final

164-32 accounts shall be deemed final judgments insofar as the right of appeal is

164-33 concerned. No account [shall] may be reopened because of a mistake more

164-34 than 1 year after its approval. No beneficiary may move for the reopening

164-35 of any account because of fraud more than 90 days after he discovers the

164-36 existence of the fraud.

164-37 Sec. 535. NRS 165.135 is hereby amended to read as follows:

164-38 165.135 The trustee of [each] a nontestamentary trust shall, not less

164-39 often than annually, furnish to each beneficiary who is currently entitled to

164-40 receive income pursuant to the terms of the trust , to each residuary

164-41 beneficiary who is then living, to each specific beneficiary then living

164-42 who has not received complete distribution, and to any surety on the bond

164-43 of the trustee of the trust an account showing:

165-1 1. The period which the account covers;

165-2 2. In a separate schedule:

165-3 (a) Additions to trust principal during the accounting period with the

165-4 dates and sources of acquisition;

165-5 (b) Investments collected, sold or charged off during the accounting

165-6 period;

165-7 (c) Investments made during the accounting period, with the date,

165-8 source and cost of each;

165-9 (d) Deductions from principal during the accounting period, with the

165-10 date and purpose of each; and

165-11 (e) The trust principal, invested or uninvested, on hand at the end of the

165-12 accounting period, reflecting the approximate market value thereof;

165-13 3. In a separate schedule:

165-14 (a) Trust income on hand at the beginning of the accounting period, and

165-15 in what form held;

165-16 (b) Trust income received during the accounting period, when [,] and

165-17 from what source;

165-18 (c) Trust income paid out during the accounting period, when, to whom

165-19 [,] and for what purpose; and

165-20 (d) Trust income on hand at the end of the accounting period [,] and

165-21 how invested;

165-22 4. A statement of any unpaid claims with the reason for failure to pay

165-23 them; and

165-24 5. A brief summary of the account.

165-25 Sec. 536. NRS 165.150 is hereby amended to read as follows:

165-26 165.150 The clerks of the district courts shall severally keep records of

165-27 all trust inventories and accounts filed with their respective courts . [, and

165-28 shall, within 30 days after the filing should have occurred, notify the

165-29 respective judges of their courts of all failures by trustees to file accounts

165-30 in accordance with this chapter. Such] Those courts shall, upon learning

165-31 that a trustee subject to their respective jurisdictions has failed to perform

165-32 any duty placed upon him by this chapter, issue a citation or order to the

165-33 trustee requiring him to perform [such] that duty.

165-34 Sec. 537. NRS 165.180 is hereby amended to read as follows:

165-35 165.180 [Nothing herein contained shall be construed to] This chapter

165-36 does not abridge the power of any court of competent jurisdiction to

165-37 require testamentary or nontestamentary trustees to file an inventory, to

165-38 account, to exhibit the trust property, or to give beneficiaries information

165-39 or the privilege of inspection of trust records and papers, at times other

165-40 than those [herein prescribed; and nothing herein contained shall be

165-41 construed to] prescribed in this chapter, or abridge the power of [such] the

165-42 court for cause shown to excuse a trustee from performing any or all of the

165-43 duties imposed on him by this chapter. [Nothing herein contained shall

166-1 prevent] This chapter does not preclude the trustee from accounting

166-2 voluntarily [when it is reasonably necessary, even though] even if he is not

166-3 required to do so by this chapter or by court order.

167-1 Sec. 538. NRS 165.190 is hereby amended to read as follows:

167-2 165.190 [Any] A beneficiary may [apply to the district] petition the

167-3 court having jurisdiction over the accountings, as prescribed in this

167-4 chapter, for an order requiring the trustee to perform the duties imposed

167-5 upon him by this chapter.

167-6 Sec. 539. NRS 132.020, 133.010, 133.030, 134.140, 134.200,

167-7 135.070, 136.080, 136.270, 138.030, 139.020, 141.150, 142.120, 148.010,

167-8 148.020, 148.030, 148.040, 149.110, 149.120, 149.130, 149.140, 149.150,

167-9 150.090, 150.390, 151.100, 151.200, 153.030, 153.040, 153.045, 153.110,

167-10 154.050, 163.210, 163.240, 164.110, 164.120 and 165.250 are hereby

167-11 repealed.

 

167-12 LEADLINES OF REPEALED SECTIONS

 

167-13 132.020 Determination of estates commenced before July 1, 1941;

167-14 repeal of certain statutes.

167-15 133.010 "Will" includes "codicil."

167-16 133.030 Wills of married women: Disposition of separate and

167-17 community property.

167-18 134.140 "Right of representation" defined.

167-19 134.200 Vesting of wife’s estate when husband dies intestate.

167-20 135.070 Chapter not retroactive.

167-21 136.080 Nuncupative will: Period of limitation.

167-22 136.270 Notice of hearing of petition for probate of foreign will.

167-23 138.030 Married woman may be appointed as executrix.

167-24 139.020 Married woman as administratrix.

167-25 141.150 Appointment of successor executor or administrator:

167-26 Death and residence of deceased need not be proved again.

167-27 142.120 District judge may cite executor or administrator to show

167-28 cause for further security.

167-29 148.010 Order of resort to assets for payment of debts or expenses.

167-30 148.020 Order of resort for payment of legacies.

167-31 148.030 Order of abatement of legacies.

167-32 148.040 Contribution between devisees and legatees.

167-33 149.110 Authorization of conveyance.

167-34 149.120 Petition and notice.

167-35 149.130 Hearing and order.

167-36 149.140 Effect of decree; execution of conveyance.

167-37 149.150 Authorization to exchange: Petition; notice.

167-38 150.090 First account: Filing and contents.

167-39 150.390 Applicability of provisions.

168-1 151.100 Accounting upon final distribution.

168-2 151.200 Annual account: Contents.

168-3 153.030 Application for accounting: Procedure.

168-4 153.040 Petition for instructions as to administration of trust;

168-5 notice of hearing.

168-6 153.045 Trustee or executor authorized to distribute property and

168-7 money in divided or undivided interests and on pro rata or nonpro

168-8 rata basis; agreement by beneficiary or authorization by trust or will

168-9 required for distribution on nonpro rata basis.

168-10 153.110 Vacancy in trusteeship: Appointment of temporary

168-11 trustee.

168-12 154.050 Deposit of residue less than $2,000 with county treasurer.

168-13 163.210 Applicability.

168-14 163.240 Applicability.

168-15 164.110 Severability.

168-16 164.120 Applicability.

168-17 165.250 Applicability.

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