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
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 thereto1-2
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 have1-5
the meanings ascribed to them in those sections.1-6
Sec. 3. "Abatement" means a proportional reduction of a pecuniary1-7
devise when the money or other assets out of which the devise is payable1-8
are not sufficient to pay the devise in full.1-9
Sec. 4. "Acknowledgment" means a declaration that an instrument1-10
has been executed for the purposes stated therein and, if the instrument1-11
was executed in a representative capacity, that the instrument was signed1-12
with proper authority and executed as the act of the person represented1-13
and identified therein.1-14
Sec. 5. "Administrator" means a person not designated in a will who1-15
is appointed by the court to administer an estate.1-16
Sec. 6. "Agent" means a person authorized to represent or act for1-17
another person, including an attorney in fact under a durable or2-1
nondurable power of attorney and a person authorized to make decisions2-2
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 other2-6
transfer;2-7
2. A charitable trust, includes any person entitled to enforce the2-8
trust;2-9
3. An instrument designating a beneficiary, includes a beneficiary of2-10
an insurance policy or annuity, of an account designated as payable on2-11
death, of a security registered as transferable on death or of a pension,2-12
profit-sharing, retirement or similar benefit plan or other nonprobate2-13
transfer at death; and2-14
4. A beneficiary designated in a governing instrument, includes a2-15
grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under2-16
a designation, a donee, appointee or taker in default under a power of2-17
appointment, or a person in whose favor a power of attorney or a power2-18
held in any individual, fiduciary or representative capacity is2-20
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 by2-22
intestate succession from the parent whose relationship is involved and2-23
excludes a person who is a stepchild, a foster child, a grandchild or any2-24
more remote descendant.2-25
Sec. 9. "Citation" means a document issued by the clerk of the2-26
court, as authorized by statute or ordered by the court, requiring a person2-27
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 a2-30
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 the2-32
decedent, including funeral expenses and expenses of administration.2-33
The term does not include estate or inheritance taxes, or demands or2-34
disputes regarding title of a decedent to specific assets alleged to be2-35
included in the estate.2-36
Sec. 11. "Codicil" means an addition to a will that may modify or2-37
revoke one or more provisions of the will, or add one or more provisions2-38
to the will, and is signed with the same formalities as a witnessed or2-39
holographic will.2-40
Sec. 12. "Community property" has the meaning ascribed to it in2-41
NRS 123.220.2-42
Sec. 13. "Community property with right of survivorship" has the2-43
incidents ascribed to it in NRS 111.064.3-1
Sec. 14. "Descendant" includes descendants of all generations. For3-2
the purposes of this section, the relationship of parent and child at each3-3
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 instrument3-6
naming a beneficiary of an insurance policy or annuity, of an account3-7
designated as payable on death, of a security registered as transferable3-8
on death, or of a pension, profit-sharing, retirement or similar benefit3-9
plan or other nonprobate transfer at death.3-10
Sec. 16. "Devise," used as a noun, means a testamentary disposition3-11
of real or personal property and, used as a verb, means to dispose of real3-12
or personal property by will.3-13
Sec. 17. "Devisee" means a person designated in a will to receive a3-14
devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in3-15
the case of a devise to an existing trust or trustee, or to a trustee of a trust3-16
described by will, the term means the trust or trustee, and not a3-17
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, personal3-20
representative, general attorney in fact, and special attorney in fact with3-21
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 would3-24
otherwise succeed.3-25
Sec. 20. "Distributee" means a person who has received property of3-26
a decedent from his personal representative other than as a creditor or3-27
purchaser. A testamentary trustee is a distributee only to the extent of3-28
distributed assets or increment thereto remaining in his hands. A3-29
beneficiary of a testamentary trust to whom the trustee has distributed3-30
property received from a personal representative is a distributee of the3-31
personal representative. As used in this section, "testamentary trustee"3-32
includes a trustee to whom assets are transferred by will to the extent of3-33
the devised assets.3-34
Sec. 21. "Estate" includes the property of the decedent or trust3-35
whose affairs are subject to this Title as it is originally constituted and as3-36
it exists from time to time during administration.3-37
Sec. 22. "Estate tax" means federal estate tax, including any interest3-38
and penalty thereon.3-39
Sec. 23. "Executor" means a person nominated in a will and3-40
appointed by the court to execute the provisions of the will and3-41
administer the estate of the decedent.3-42
Sec. 24. "Expenses of administration" means expenses actually and3-43
properly incurred by a personal representative in the administration of4-1
an estate, plus the fees of the personal representative, any attorney4-2
retained by him and any other consultant engaged by him.4-3
Sec. 25. "Family allowance" means the money allocated from the4-4
estate by the court pursuant to NRS 146.030.4-5
Sec. 26. "Fiduciary" includes a personal representative, guardian4-6
and trustee.4-7
Sec. 27. "Gift" means a gratuitous transfer of property to a recipient4-8
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 as4-11
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 a4-15
power of attorney; or4-16
5. A dispositive, appointive or nominative instrument of any similar4-17
type.4-18
Sec. 29. "Guardian" means a person who has qualified as the4-19
guardian of a minor or incapacitated person pursuant to testamentary or4-20
judicial appointment, but does not include a guardian ad litem.4-21
Sec. 30. "Heirs" means persons, including the surviving spouse and4-22
the state, who are entitled by intestate succession to the property of a4-23
decedent.4-24
Sec. 31. "Holographic will" means a testamentary document that4-25
complies with the requirements of NRS 133.090.4-26
Sec. 32. "Incapacitated person" means a person who is impaired by4-27
reason of mental illness, mental deficiency, advanced age, disease,4-28
weakness of mind or any other cause except minority, to the extent of4-29
lacking sufficient understanding or capacity to make or communicate4-30
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; or4-35
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 or4-38
claim against a trust estate or the estate of a decedent. The term includes4-39
a person having priority for appointment as a personal representative4-40
and other fiduciaries representing interested persons. The meaning as it4-41
relates to particular persons must be determined according to the4-42
particular purposes of, and matter involved in, a proceeding.5-1
Sec. 35. "Intestate," used as a noun, means a decedent who dies5-2
without leaving a will.5-3
Sec. 36. "Intestate estate" includes an estate where no will has been5-4
offered or admitted to probate as the last will and testament and an estate5-5
where the will does not distribute the entire estate.5-6
Sec. 37. "Inventory" means the description of assets required by5-7
NRS 144.040.5-8
Sec. 38. "Issue" means children, grandchildren or more remote5-9
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 to5-12
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 of5-15
administration, letters of administration with will annexed and letters of5-16
special administration.5-17
Sec. 42. "Lien" means a charge upon property for the satisfaction of5-18
a debt, including an obligation not satisfied, a judgment, unpaid taxes5-19
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 or5-22
arrangement in which property is encumbered or used as security.5-23
Sec. 45. "Notice" means information provided pursuant to NRS5-24
155.010, 155.020 or any other statute requiring advance information of5-25
an opportunity, obligation or the occurrence of an event.5-26
Sec. 46. "Oath" means a form of attestation which affirms that the5-27
taker will faithfully perform the duties of a specified office.5-28
Sec. 47. "Order" includes a declaration, decree or judgment by a5-29
court and is a final judgment for all purposes, including an appeal under5-30
NRS 155.190.5-31
Sec. 48. "Parent" includes any person entitled to take, or who would5-32
be entitled to take if the child died without a will, as a parent by intestate5-33
succession from the child whose relationship is in question and excludes5-34
any person who is a stepparent, foster parent or grandparent.5-35
Sec. 49. "Person" includes a government or a governmental5-36
subdivision, agency or instrumentality.5-37
Sec. 50. "Personal representative" includes an executor, an5-38
administrator, a successor personal representative, a special5-39
administrator and persons who perform substantially the same function5-40
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 in5-43
which the court has jurisdiction to administer, pay out and distribute the6-1
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 set6-4
apart by the court pursuant to NRS 146.020.6-5
Sec. 54. "Property" means anything that may be the subject of6-6
ownership, and includes both real and personal property and any interest6-7
therein.6-8
Sec. 55. "Right of representation" means the method of distributing6-9
property by which, through inheritance or succession, the descendants of6-10
a deceased heir take the same share or right in the estate of another6-11
person that their parent or other ancestor would have taken if living. A6-12
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 or6-15
participation in an oil, gas or mining title or lease or in payments out of6-16
production under such a title or lease, collateral trust certificate,6-17
transferable share, voting trust certificate or, in general, any interest or6-18
instrument commonly known as a security, or any certificate of interest6-19
or participation, any temporary or interim certificate, receipt or6-20
certificate of deposit for, or any warrant or right to subscribe to or6-21
purchase any of the foregoing.6-22
Sec. 57. "Separate property" has the meaning ascribed to it in NRS6-23
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, however6-27
described in the trust instrument.6-28
Sec. 60. "Special administrator" means a personal representative6-29
appointed pursuant to chapter 140 of NRS.6-30
Sec. 61. "State" means a state of the United States, the District of6-31
Columbia, Puerto Rico, the United States Virgin Islands, or any territory6-32
or insular possession subject to the jurisdiction of the United States.6-33
Sec. 62. "Successor personal representative" means a personal6-34
representative, other than a special administrator, who is appointed to6-35
succeed a previously appointed personal representative.6-36
Sec. 63. "Successors" means persons, other than creditors, who are6-37
entitled to property of a decedent under the terms of his will or pursuant6-38
to this Title.6-39
Sec. 64. "Tax" includes an income, property, excise, estate, gift or6-40
inheritance tax.6-41
Sec. 65. "Testate estate" means an estate with respect to which a will6-42
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 person7-2
for the benefit of another, established by an instrument executed during7-3
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 however7-5
created. The term also includes a trust created or determined by7-6
judgment or decree under which the trust is to be administered in the7-7
manner of an express trust.7-8
Sec. 68. "Trustee" includes an original, additional or successor7-9
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 false7-12
statement.7-13
Sec. 70. "Ward" means a person for whom a guardian has been7-14
appointed. A "minor ward" is one for whom a guardian has been7-15
appointed solely by reason of minority.7-16
Sec. 71. "Will" means a formal document that provides for the7-17
distribution of the property of a decedent upon his death. The term7-18
includes a codicil and a testamentary instrument that merely appoints an7-19
executor, revokes or revises another will, nominates a guardian, or7-20
expressly excludes or limits the right of an individual or class to succeed7-21
to property of the decedent passing by intestate succession.7-22
Sec. 72. NRS 132.010 is hereby amended to read as follows: 132.010 This Title7-24
7-25
is accomplished at the least expense7-26
Sec. 73. NRS 133.040 is hereby amended to read as follows: 133.040 No will executed in this state, except7-28
7-29
valid unless it7-30
7-31
express direction, and attested by at least two competent witnesses7-32
7-33
testator.7-34
Sec. 74. NRS 133.045 is hereby amended to read as follows: 133.045 1. Whether or not the provisions relating to holographic7-36
wills apply, a will may refer to a written statement or list to dispose of7-37
items of tangible personal property not otherwise specifically disposed of7-38
by the will, other than money, evidences of indebtedness, documents of7-39
title, securities and property used in a trade or business.7-40
2. To be admissible as evidence of the intended disposition, the7-41
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 and8-3
the8-4
(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’s8-7
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 the8-11
dispositions made by the will.8-12
Sec. 75. NRS 133.050 is hereby amended to read as follows: 133.050 1. Any or all of the attesting witnesses to any will may8-14
8-15
authorized to administer oaths in or out of the state, stating such facts as8-16
they would be required to testify to in court to prove the will. The affidavit8-17
must be written on the will8-18
attached thereto. The sworn statement of any witness so taken must be8-19
accepted by the court8-20
2. The affidavit described in subsection 1 may be substantially in form8-21
as follows:8-22
State of Nevada }8-23
}ss.8-24
County of }8-25
(Date)8-26
Then and there personally appeared8-27
................., who, being duly sworn, depose and say: That they witnessed8-28
the execution of the8-29
................; that the testator subscribed the will and declared8-30
be his last will and testament in their presence; that they thereafter8-31
subscribed the8-32
in the presence of each other and at the request of the testator; and that the8-33
testator at the time of the execution of the will appeared to them to be of8-34
full age and of sound mind and memory .8-35
8-36
8-37
Affiant8-38
8-39
Affiant9-1
Subscribed and sworn to before me this .....9-2
day of........,9-3
9-4
Notary Public9-5
Sec. 76. NRS 133.055 is hereby amended to read as follows: 133.055 A signature affixed to a self-proving affidavit attached to a9-7
will and executed at the same time as the will is considered a signature9-8
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: 133.060 All9-11
9-12
are void unless there are two other competent subscribing witnesses to the9-13
9-14
Sec. 78. NRS 133.080 is hereby amended to read as follows: 133.080 1. If in writing and subscribed by the testator, a last will and9-16
testament executed9-17
prescribed by the law, either of the state where executed or of the testator’s9-18
domicile, shall be deemed to be legally executed, and9-19
same force and effect as if executed in the9-20
the law of this state.9-21
2. This section9-22
effectuate its general purpose to make uniform the law of those states9-23
which enact it.9-24
Sec. 79. NRS 133.090 is hereby amended to read as follows: 133.090 1. A holographic will is9-26
9-27
are written by the hand of the testator9-28
witnessed or notarized. It is subject to no other form, and may be made in9-29
or out of this state .9-30
2. Every person of sound mind9-31
9-32
9-33
chargeable with the payment of the testator’s debts.9-34
3. Such wills9-35
9-36
executed.9-37
Sec. 80. NRS 133.100 is hereby amended to read as follows: 133.1009-39
9-40
10-1
10-2
10-3
10-4
10-5
10-6
10-7
valid.10-8
Sec. 81. NRS 133.105 is hereby amended to read as follows: 133.105 1. A security issued in registered form which contains the10-10
words "transferable on death to" a named person, or equivalent language10-11
or abbreviation, is effective to transfer the interest evidenced by the10-12
security to that person, upon the death of its owner, without compliance10-13
with the formal requirements of this chapter for the execution of wills.10-14
10-15
10-16
2. A security registered in beneficiary form pursuant to NRS 111.48010-17
to 111.650, inclusive, is effective to transfer the interest evidenced by the10-18
security to the beneficiary at the death of the owner or the deaths of all10-19
multiple owners, without compliance with the formal requirements of this10-20
chapter for the execution of wills.10-21
3. As used in this section, "security" and "registered form" have the10-22
meanings ascribed to them in NRS 104.8102.10-23
Sec. 82. NRS 133.115 is hereby amended to read as follows: 133.115 Divorce or annulment of the marriage of the testator revokes10-25
every10-26
designation to serve as personal representative given to the testator’s10-27
former spouse in a will executed before the entry of the decree of divorce10-28
or annulment unless otherwise:10-29
1. Provided in a property or separation agreement which is approved10-30
by the court in the divorce or annulment proceedings ;10-31
10-32
2. Ordered by the court in the divorce or annulment proceedings,10-33
and the will10-34
spouse had died before the testator.10-35
Sec. 83. NRS 133.120 is hereby amended to read as follows:10-36
133.120 1.10-37
10-38
(a) Burning, tearing, canceling or obliterating the10-39
intention of revoking it, by the testator, or by some person in10-40
10-41
10-42
(b) Another will or codicil in writing, executed as prescribed in this10-43
chapter.11-1
2.11-2
prevent the revocation implied by law from subsequent changes in the11-3
condition or circumstances of the testator.11-4
Sec. 84. NRS 133.130 is hereby amended to read as follows: 133.130 If, after the making of any will, the testator11-6
11-7
revocation of the second will11-8
appears by the terms of11-9
revive and give effect to the first will, or unless, after11-10
destruction, cancellation or revocation, the first will11-11
reexecuted.11-12
Sec. 85. NRS 133.140 is hereby amended to read as follows: 133.140 A bond, covenant or agreement made by a testator to convey11-14
any property devised11-15
11-16
11-17
devise ,11-18
or agreement, for the specific performance or otherwise, against the11-19
11-20
the testator, if the11-21
Sec. 86. NRS 133.150 is hereby amended to read as follows: 133.150 A charge or encumbrance upon any estate, for the purpose of11-23
securing the payment of money, or the performance of any covenant or11-24
agreement,11-25
relating to the same estate which was previously executed, but the11-26
11-27
the charge or encumbrance.11-28
Sec. 87. NRS 133.155 is hereby amended to read as follows: 133.155 A specific devise passes subject to any mortgage or lien11-30
existing on the date of death, without right of exoneration, regardless of a11-31
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 When11-34
making of11-35
provision11-36
the child in the will, the child is entitled to the same share in the estate of11-37
the testator as if the testator had died intestate, unless it11-38
apparent from the will that it was the intention of the testator that no11-39
provision should be made for11-40
Sec. 89. NRS 133.170 is hereby amended to read as follows:11-41
133.170 When11-42
11-43
the child of a testator or the issue of a deceased child of a testator is12-1
omitted from the testator’s will, it must be presumed that the omission was12-2
intentional. Should the court find that the omission was unintentional,12-3
12-4
entitled to the same share in the estate of the testator as if12-5
testator had died intestate.12-6
Sec. 90. NRS 133.180 is hereby amended to read as follows: 133.180 When any share of the estate of a testator12-8
assigned to a child born after the making of a will, or to a child or the issue12-9
of a child omitted in the will, as mentioned in NRS 133.160 and 133.170,12-10
the12-11
by the will, if any. If that12-12
12-13
12-14
the will, unless the obvious intention of the testator in relation to some12-15
specific devise12-16
be defeated. In12-17
provision may be exempted from12-18
apportionment, consistent with the intention of the testator, may be12-19
adopted.12-20
Sec. 91. NRS 133.190 is hereby amended to read as follows: 133.190 If12-22
unprovided for,12-23
bestowed upon them in the testator’s lifetime, by way of an advancement,12-24
as provided in NRS 151.120, they12-25
12-26
Sec. 92. NRS 133.200 is hereby amended to read as follows: 133.200 When any estate12-28
to any child or other relation of the testator, and the devisee12-29
12-30
descendants, in the absence of a provision in the will to the contrary,12-31
12-32
devisee12-33
testator.12-34
Sec. 93. NRS 133.210 is hereby amended to read as follows: 133.210 Every devise of12-36
12-37
which12-38
12-39
convey a12-40
Sec. 94. NRS 133.220 is hereby amended to read as follows: 133.220 Any estate, right or interest in12-42
by the testator after the making of12-43
thereby in like manner as if it had been acquired13-1
of making the will, if13-2
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, the13-5
provisions of this chapter, as to the inheritance of13-6
spouses from each other, apply only to the separate property of the13-7
intestate13-8
2. With the exception of NRS 134.007, the provisions of this chapter13-9
13-10
the provisions of a premarital agreement between the deceased and13-11
the surviving spouse which is enforceable pursuant to chapter 123A of13-12
NRS.13-13
Sec. 96. NRS 134.007 is hereby amended to read as follows: 134.007 1.13-15
or nolo contendere or is convicted of the murder of the decedent is not13-16
entitled to succeed to any portion of the decedent’s estate. The portion to13-17
which the convicted person would otherwise be entitled to succeed goes to13-18
the other persons entitled to it under the provisions of this chapter.13-19
2.13-20
13-21
13-22
13-23
13-24
13-25
13-26
13-27
13-28
provisions of subsection 1 do not apply, the court upon the petition of an13-29
interested person shall decide whether by preponderance of the evidence13-30
the alleged killer would be found criminally accountable for the13-31
felonious and intentional killing of the decedent. If the court so13-32
determines, the determination conclusively has the effect of a conviction13-33
for the purposes of subsection 1.13-34
3. An acquittal in a criminal proceeding does not preclude a civil13-35
proceeding under subsection 2.13-36
Sec. 97. NRS 134.010 is hereby amended to read as follows: 134.010 Upon the death of either13-38
title to community property13-39
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, when13-43
14-1
separate property, not otherwise limited by contract, dies intestate as to14-2
14-3
payment of14-4
134.120, inclusive.14-5
Sec. 99. NRS 134.040 is hereby amended to read as follows: 134.040 1. If the decedent leaves a surviving14-7
spouse and only one child, or the lawful issue of one child, the estate goes14-8
one-half to the surviving14-9
the child or the issue of14-10
2. If the decedent leaves a surviving14-11
more than one child living, or14-12
more deceased children, the estate goes one-third to the surviving14-13
14-14
children and the lawful issue of any deceased child by right of14-15
representation.14-16
14-17
14-18
14-19
14-20
14-21
Sec. 100. NRS 134.050 is hereby amended to read as follows: 134.050 1. If the decedent14-23
14-24
fourth to the14-25
the14-26
14-27
mother then living.14-28
2. If the decedent14-29
one-half of the separate property of the14-30
to the surviving14-31
14-32
14-33
14-34
3. If the decedent14-35
issue or surviving spouse, the estate14-36
14-37
mother of the decedent, if both are living .14-38
not living, the whole estate14-39
mother then living.14-40
4. If the decedent14-41
14-42
14-43
spouse.15-1
Sec. 101. NRS 134.060 is hereby amended to read as follows: 134.060 If there15-3
spouse, or father15-4
brothers and sisters of the15-5
deceased brother or sister by right of representation.15-6
Sec. 102. NRS 134.070 is hereby amended to read as follows: 134.070 If the15-8
15-9
or sister living at15-10
the next of kin in equal degree,15-11
are two or more collateral kindred in equal degree, but claiming through15-12
different ancestors, those who claim through the nearest ancestors15-13
15-14
15-15
child and issue of one or more children, and any such surviving child15-16
15-17
came to the deceased child by inheritance from the deceased parent15-18
15-19
and to the issue of any other children who may have died, by right of15-20
representation.15-21
Sec. 103. NRS 134.080 is hereby amended to read as follows:15-22
134.08015-23
age and has not15-24
being also dead,15-25
issue, the estate that came to15-26
15-27
children of the same parent, and if all the issue are in the same degree of15-28
kindred to the child they15-29
otherwise, they15-30
representation.15-31
Sec. 104. NRS 134.090 is hereby amended to read as follows: 134.090 If the decedent leaves no surviving15-33
but there15-34
only one child, all15-35
more than one child, the estate15-36
all the15-37
alike.15-38
Sec. 105. NRS 134.100 is hereby amended to read as follows: 134.100 If the decedent leaves no surviving15-40
but there15-41
children, the estate15-42
child or children and lawful issue of15-43
representation as follows: To16-1
16-2
representation, the same16-3
would have received16-4
the16-5
16-6
16-7
decedent.16-8
Sec. 106. NRS 134.110 is hereby amended to read as follows: 134.110 If the decedent leaves no surviving16-10
or child or children, but there16-11
all16-12
lawful issue of16-13
this rule16-14
the lawful issue ad infinitum.16-15
Sec. 107. NRS 134.120 is hereby amended to read as follows: 134.120 If the16-17
leaves no surviving spouse, or kindred, the estate16-18
to the state for educational purposes.16-19
Sec. 108. NRS 134.160 is hereby amended to read as follows: 134.160 Kindred of the half blood16-21
the whole blood in the same degree, unless the inheritance comes to the16-22
16-23
16-24
of the blood of16-25
the inheritance.16-26
Sec. 109. NRS 134.210 is hereby amended to read as follows:16-27
134.210 Whenever16-28
if the16-29
after the first spouse, without heirs, leaving property,16-30
second spouse to die vests in the heirs of the16-31
subject to expenses of administration and payment of legal debts against16-32
the estate.16-33
Sec. 110. NRS 135.020 is hereby amended to read as follows: 135.020 Where the title to property or the devolution thereof depends16-35
upon priority of death and there is16-36
the persons16-37
each person16-38
except as provided otherwise in this chapter.16-39
Sec. 111. NRS 135.030 is hereby amended to read as follows: 135.030 Where two or more beneficiaries are designated to take16-41
successively by reason of survivorship under another person’s disposition16-42
of property and there is16-43
beneficiaries17-1
disposed of17-2
successive beneficiaries and these portions17-3
respectively to those who would have taken in the event that each17-4
designated beneficiary had survived.17-5
Sec. 112. NRS 135.040 is hereby amended to read as follows: 135.040 Where there is17-7
joint tenants or17-8
community property with right of survivorship died otherwise than17-9
simultaneously , the property so held17-10
as if one had survived and one-half as if the other had survived. If there are17-11
more than two joint tenants and all of them have so died, the property thus17-12
distributed17-13
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 or17-16
accident insurance have died and there is17-17
evidence that they17-18
proceeds of the policy17-19
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 a17-22
premarital agreement between17-23
enforceable pursuant to chapter 123A of NRS, where17-24
both spouses have died, leaving community property, and there is17-25
17-26
simultaneously, one-half of all the community property must be distributed17-27
as if17-28
must be distributed as if the17-29
Sec. 115. NRS 135.080 is hereby amended to read as follows: 135.080 This chapter17-31
trusts, deeds, or contracts17-32
been made for distribution of property different from the provisions of this17-33
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 letters17-36
17-37
decedent was a resident at the time of death, whether death occurred in that17-38
county or elsewhere, and the district court of that county17-39
exclusive jurisdiction of the settlement of such estates, whether the estate is17-40
in one or more counties.17-41
2. The estate of a nonresident decedent may be settled by the district17-42
court of any county17-43
located. The district court to which application18-1
18-2
nonresidents.18-3
Sec. 117. NRS 136.020 is hereby amended to read as follows: 136.02018-5
grant letters18-6
18-7
1. Interested as next of kin to the deceased.18-8
2.18-9
3.18-10
trustee in the will.18-11
4.18-12
Sec. 118. NRS 136.030 is hereby amended to read as follows: 136.030 1.18-14
authorized to act,18-15
mentioned in NRS 136.020, or18-16
any manner18-17
the matter of the estate to another judge of the same county, if there18-18
one, who is not disqualified to act in the settlement of the estate, or18-19
18-20
hold the court18-21
2. The judge to whom the matter is transferred or18-22
district judge shall hold court and18-23
court and judge so disqualified, and18-24
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 as18-27
provided in NRS 136.030 is closed, another person becomes judge of the18-28
court18-29
who is not disqualified to act in the settlement of the estate, and the causes18-30
for which the proceeding was transferred no longer exist, any interested18-31
person18-32
judge who18-33
setting forth these facts and moving the court18-34
petition. If these facts are satisfactorily shown , the court must make an18-35
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: 136.050 1. Any person having18-38
shall, within 30 days after knowledge of the death of the person who18-39
executed the will, deliver it to the clerk of the district court which has18-40
jurisdiction of the case or to the18-41
the will .18-42
2. Any person named as18-43
representative in a will shall, within 30 days after the death of the testator ,19-1
19-2
named, present the will, if in possession of it, to the19-3
court.19-4
3. Every person who19-5
duties required in subsections 1 and 2 without reasonable cause19-6
is liable to every person interested in the will for the damages19-7
interested person may sustain by reason of19-8
Sec. 121. NRS 136.060 is hereby amended to read as follows: 136.060 1. If it is alleged in any petition that19-10
19-11
court19-12
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 refuses19-15
to produce it in obedience to such an order may, by warrant from the19-16
court, be committed to the county jail, and be kept in close confinement19-17
until19-18
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 1.19-21
representative or devisee named in a will, or any other interested person ,19-22
19-23
petition the court having jurisdiction to have the will proved, whether the19-24
19-25
person or not, or is lost or destroyed, or is beyond the jurisdiction of the19-26
state.19-27
2.19-28
19-29
the district court having jurisdiction,19-30
in possession of the will be required to produce it19-31
admitted to probate19-32
issued.19-33
Sec. 123. NRS 136.090 is hereby amended to read as follows: 136.090 1. A petition for the probate of a will and issuance of letters19-35
must state:19-36
(a) The jurisdictional facts;19-37
(b) Whether the person named as19-38
consents to act or renounces19-39
(c) The names19-40
19-41
next of kin or devisee who is a minor, and the relationship of the heirs and19-42
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
20-3
(e) The name of the person for whom letters20-4
are requested, and that the person has never been convicted of a felony;20-5
and20-6
(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 actually20-8
existing voids the probate of a will.20-9
Sec. 124. NRS 136.100 is hereby amended to read as follows: 136.100 1.20-11
the issuance of letters must be signed by the party petitioning, or the20-12
attorney for the petitioner, and filed with the clerk of the court, who shall20-13
set the petition for hearing.20-14
2.20-15
hearing for the period and in the manner provided in NRS 155.020 to the20-16
heirs of the testator and the devisees20-17
persons named as20-18
petitioning and to the administrator of the welfare division of the20-19
department of human resources .20-20
20-21
substantially in the form provided in that section.20-22
Sec. 125. NRS 136.120 is hereby amended to read as follows: 136.120 If a petition for probate is presented by any person other than20-24
the20-25
is presented by20-26
personal representatives named in the will,20-27
petition must be served upon20-28
joining in the petition .20-29
20-30
Sec. 126. NRS 136.150 is hereby amended to read as follows: 136.150 1. If no person20-32
of a will , the court may admit it to probate on the testimony of only one of20-33
the subscribing witnesses, if20-34
shows that the will was executed in all particulars as required by law, and20-35
that the testator20-36
of 18 years at the time of its execution.20-37
2.20-38
20-39
the witness, showing that the will was executed in all particulars as20-40
required by law, and that the testator20-41
had attained the age of 18 years at the time of its execution,20-42
be received in evidence and20-43
witness21-1
Sec. 127. NRS 136.160 is hereby amended to read as follows: 136.160 1. Any or all of the attesting witnesses to any will may, after21-3
the21-4
interested person ,21-5
21-6
stating such facts as21-7
court to prove the will.21-8
21-9
any witness so taken must be accepted by the court21-10
been taken before the court.21-11
2. The affidavit described in subsection 1 may be substantially in form21-12
as set forth in NRS 133.050.21-13
Sec. 128. NRS 136.170 is hereby amended to read as follows: 136.170 1.21-15
proven as otherwise provided by law because one or more or all21-16
subscribing witnesses to the will, at the time the will is offered for probate,21-17
21-18
21-19
testifying or otherwise unavailable, the court may admit the will to probate21-20
upon the testimony in person ,21-21
two credible disinterested witnesses that the signature to the will is21-22
21-23
other sufficient proof21-24
2. The provisions of subsection 121-25
its discretion, from requiring in addition, the testimony in person ,21-26
deposition or by affidavit of any available subscribing witness, or proof of21-27
such other pertinent facts and circumstances as the court21-28
deems necessary to admit the will to probate.21-29
Sec. 129. NRS 136.180 is hereby amended to read as follows: 136.180 1. If the will of a person is detained beyond the jurisdiction21-31
of the state, in a court of any other state, country or jurisdiction, and cannot21-32
be produced for probate in this state, a copy of the will may be admitted to21-33
probate in this state in lieu thereof and21-34
as would be required if the original will were produced.21-35
2.21-36
21-37
21-38
21-39
21-40
21-41
subscribing witness may testify in person, by deposition or by affidavit21-42
with respect to a copy of the executed will, and with respect to21-43
handwriting of the affiant as a witness, or the handwriting of the testator22-1
or another witness, in the same way as he would if the original will were22-2
available.22-3
Sec. 130. NRS 136.190 is hereby amended to read as follows: 136.190 A holographic will may be proved22-5
22-6
Sec. 131. NRS 136.200 is hereby amended to read as follows: 136.200 1.22-8
there are minors22-9
it appears there are other interested persons22-10
who reside out of the county and are unrepresented, the court may, whether22-11
there is a contest or not, appoint an attorney for22-12
22-13
2.22-14
pursuant to subsection 1, retains counsel and notifies the court of22-15
the retention, the court shall22-16
appointed attorney of further obligation to represent22-17
Sec. 132. NRS 136.220 is hereby amended to read as follows: 136.220 A copy of22-19
admitting it to probate, certified by the clerk in whose custody it may be,22-20
22-21
original will would be if proved.22-22
Sec. 133. NRS 136.230 is hereby amended to read as follows: 136.23022-24
destroyed by fraud without the knowledge of the testator, the22-25
22-26
the will and22-27
persons ,22-28
wills in other cases.22-29
Sec. 134. NRS 136.240 is hereby amended to read as follows: 136.240 1. The petition for the probate of a lost or destroyed will22-31
must include a copy of the will, or if no copy is available state, or be22-32
accompanied by a written statement of, the testamentary words, or the22-33
substance thereof.22-34
22-35
22-36
22-37
22-38
22-39
22-40
22-41
2. If offered for probate, a lost or destroyed will must be proved in22-42
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 unless23-2
23-3
person whose will it is claimed to be, or23-4
fraudulently destroyed in the lifetime of23-5
provisions23-6
credible witnesses.23-7
4. The testimony of each witness must be reduced to writing, signed23-8
by the witness and filed, and is admissible in evidence in any contest of23-9
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 forth23-11
specifically in the order admitting it to probate, or a copy of the will must23-12
be attached to the order.23-13
Sec. 135. NRS 136.250 is hereby amended to read as follows: 136.250 If, before or during the pendency of an application to prove a23-15
lost or destroyed will, letters of administration23-16
upon the estate of the23-17
previous will of the23-18
23-19
23-20
Sec. 136. NRS 136.260 is hereby amended to read as follows: 136.260 1. A will duly proved, allowed and admitted to probate23-22
outside of this state may be admitted to probate and recorded in the proper23-23
court of any county in this state in which the testator23-24
estate.23-25
2. When a copy of the will and the order admitting it to probate ,23-26
23-27
23-28
other interested person, with a petition for probate, the23-29
copy must be filed , and the clerk shall set a time23-30
hearing thereon , and notice must be given as required by law on a petition23-31
for the original probate of a domestic will23-32
3. If, upon the hearing, it appears to the satisfaction of the court that23-33
the will has been duly proved and admitted to probate outside23-34
state, and that it was executed according to the law of the place in which23-35
23-36
or in conformity with the laws of this state, it must be admitted to probate23-37
23-38
probate of a domestic will.23-39
4.23-40
where probate is not required by the laws of that jurisdiction, with the23-41
certificate of the legal custodian of the original will that the23-42
certified copy is a true copy23-43
the laws of that jurisdiction,24-1
possession of a notary in a foreign jurisdiction entitled to the custody24-2
24-3
24-4
to retain custody of it, duly certified by the notary, is presented by the24-5
24-6
another interested person to the proper court in this state, the24-7
24-8
notice24-9
24-10
domestic will.24-11
5. If it24-12
should be admitted to probate in this state, as the last will and testament of24-13
the24-14
with the clerk, and the will24-15
proved and admitted to probate in the court24-16
Sec. 137. Chapter 137 of NRS is hereby amended by adding thereto a24-17
new section to read as follows:24-18
An appeal from a final order determining the contest of a will is24-19
governed by the Nevada Rules of Appellate Procedure. A party may make24-20
any motion after the determination that is provided by the Nevada Rules24-21
of Civil Procedure.24-22
Sec. 138. NRS 137.010 is hereby amended to read as follows: 137.010 1. The attorney general or any interested person ,24-24
24-25
contest the will by filing written grounds of opposition to the probate24-26
thereof at any time before the hearing of the petition for probate .24-27
24-28
a citation directed to the heirs of the decedent and to all interested persons24-29
,24-30
incapacitated persons, wherever residing, directing them to plead to the24-31
contest within 30 days after service of the citation24-32
24-33
24-34
24-35
2. A person so served may interpose any defense or objection to the24-36
contest by any motion authorized by the Nevada Rules of Civil Procedure24-37
in civil actions. If the motion is granted, the court may allow the contestant24-38
10 days within which to amend24-39
the petitioner and24-40
days after the receipt of written notice thereof, may jointly or separately24-41
answer the contest. The times24-42
may be extended by the court .25-1
Sec. 139. NRS 137.020 is hereby amended to read as follows: 137.020 1.25-3
plaintiff and the petitioner is defendant. The written grounds of opposition25-4
25-5
governing pleadings as in the case of complaint in25-6
action.25-7
2.25-8
make a25-9
time of the execution of the will from duress, menace, fraud or undue25-10
influence, the due execution and attestation of the will, or any other25-11
question substantially affecting the validity of the will,25-12
by the court unless one of the parties demands a jury. The party demanding25-13
the jury shall advance the jury costs.25-14
3. Upon the determination of the contest, costs25-15
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
137.03025-18
declaration of a testator25-19
the execution of the will insofar as the25-20
testator’s intention ,25-21
competency, and the existence or nonexistence of duress and undue25-22
influence.25-23
Sec. 141. NRS 137.040 is hereby amended to read as follows: 137.040 If the will is contested, all the subscribing witnesses who are25-25
present in the county and who are of sound mind must be produced and25-26
examined ,25-27
must be satisfactorily shown to the court. If none of the subscribing25-28
witnesses resides in the county, and the evidence of none of them can be25-29
produced, the court may admit the evidence of other witnesses to prove the25-30
due execution of the will25-31
admit proof of the handwriting of the testator and of any of the subscribing25-32
witnesses.25-33
Sec. 142. NRS 137.060 is hereby amended to read as follows: 137.060 If the court25-35
heard by the court, or by the verdict of a jury25-36
the will was duly executed by25-37
of sound and disposing mind and not under duress, menace, undue25-38
influence or fraudulent representation, the court, by25-39
writing, shall admit the will to probate .25-40
25-41
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 testified26-2
must be reduced to writing, signed26-3
deposition and filed26-4
evidence in any subsequent contest of the will if the witness has died or has26-5
permanently26-6
Sec. 144. NRS 137.080 is hereby amended to read as follows: 137.08026-8
interested person other than a party to a contest before probate26-9
26-10
time to have joined therein26-11
26-12
contest the26-13
26-14
was proved a petition26-15
the allegations of the contestant against the validity of the will or against26-16
the sufficiency of the proof, and26-17
revoked.26-18
Sec. 145. NRS 137.090 is hereby amended to read as follows: 137.090 Upon filing the petition, and within the time allowed for filing26-20
the petition, a citation must be issued, directed to the26-21
26-22
all the devisees26-23
known to the petitioner, including minors and26-24
incapacitated persons, or the personal representative of any such person26-25
who is dead, directing them to plead to the contest within 30 days after26-26
service of the citation.26-27
Sec. 146. NRS 137.100 is hereby amended to read as follows: 137.100 The citation26-29
thereunder as in the case of a contest before probate. If the jury26-30
finds or the court26-31
last will of the testator, the court shall enter an order revoking the probate26-32
of the will and letters testamentary. Thereupon the powers of the26-33
26-34
cease, but26-35
act done in good faith26-36
Sec. 147. NRS 137.110 is hereby amended to read as follows: 137.110 If the probate is not revoked , the costs of trial must be paid26-38
by the contestant. If the probate is revoked , the costs must be paid by the26-39
party who resisted the revocation or out of the property of the decedent, as26-40
the court may direct26-41
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 subsequent27-2
probate of a will executed later in point of time than the one27-3
previously admitted to probate.27-4
Sec. 149. NRS 138.010 is hereby amended to read as follows: 138.010 1. If27-6
probate, the27-7
27-8
27-9
appear and qualify.27-10
2. No person has any power as27-11
until he qualifies, except that, before letters are issued, he may pay the27-12
funeral charges and take necessary measures for the preservation of the27-13
estate.27-14
Sec. 150. NRS 138.020 is hereby amended to read as follows: 138.020 1. No person is27-16
executor27-17
(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 court27-20
execute the duties of27-21
improvidence27-22
(d) Is a bank27-23
to do business in the State of Nevada, unless it associates as coexecutor a27-24
bank27-25
this state. An out-of-state bank is27-26
substitute executor ,27-27
forming such an association, but any natural person so appointed27-28
must be a resident of this state.27-29
2. If27-30
executor27-31
27-32
right to act, or fail to appear and qualify, letters of administration with the27-33
will annexed27-34
Sec. 151. NRS 138.040 is hereby amended to read as follows:27-35
138.04027-36
intention of the testator to commit the execution27-37
the administration of27-38
executor,27-39
letters testamentary in like manner as if27-40
executor.27-41
Sec. 152. NRS 138.045 is hereby amended to read as follows: 138.045 1.27-43
either alone or with another or others, who is28-1
28-2
substitute if:28-3
(a) The person28-4
undertake or continue the execution of the will; and28-5
(b) The testator has not designated an alternate to serve in place of the28-6
named executor, or28-7
unable to serve.28-8
2. A person named as alternate executor who is not28-9
28-10
(a) The named alternate is unwilling or unable to undertake or continue28-11
the execution of the will; and28-12
(b) A named executor is28-13
designated a substitute within 30 days after being notified that the named28-14
alternate is unwilling or unable to serve.28-15
3.28-16
a will28-17
(a) The person28-18
continue the sole execution of the will; and28-19
(b) The testator has not designated an alternate to serve in place of the28-20
named executor, or that the named alternate is unwilling or unable to28-21
serve.28-22
4. The substitute or coexecutor, unless otherwise disqualified under28-23
this chapter, is entitled to letters testamentary in like manner as if28-24
substitute or coexecutor had been named in the will.28-25
Sec. 153. NRS 138.050 is hereby amended to read as follows: 138.05028-27
national banking association that has sold its business and assets to, or has28-28
consolidated or merged with, or is in any manner provided by law28-29
succeeded by , another corporation or national banking association28-30
authorized and qualified to act as executor, the court may issue letters28-31
thereon to the successor corporation or association28-32
were named in the will.28-33
Sec. 154. NRS 138.060 is hereby amended to read as follows: 138.060 1.28-35
may file objections in writing to the granting of letters testamentary to the28-36
person or persons named as executors, or any of them, and28-37
28-38
court.28-39
2. A petition may also be filed for the issuance of letters of28-40
administration, with the will annexed, in all proper cases.28-41
Sec. 155. NRS 138.070 is hereby amended to read as follows: 138.070 1. No executor of the will of28-43
a deceased executor, as such, is authorized to administer the estate of the29-1
first testator, but29-2
29-3
of the estate of the first testator29-4
must be issued. If no executor is named in the will, or if the sole executor29-5
or all the executors named therein are dead or29-6
incapacitated, or neglect or fail to apply for letters, or to appear and29-7
qualify, or die after the issuance of letters and before the completion of the29-8
administration, letters of administration with the will annexed29-9
be granted.29-10
2. The account of a deceased29-11
representative may be29-12
and29-13
incurred, upon the petition of either the attorney who represented29-14
deceased personal representative in the probate or administration29-15
29-16
and upon such notice as the court29-17
Sec. 156. NRS 138.080 is hereby amended to read as follows: 138.08029-19
are not appointed by the court,29-20
appointed have the same authority to perform every act and discharge29-21
every29-22
effectual for every purpose as if all had been appointed .29-23
29-24
Sec. 157. NRS 138.090 is hereby amended to read as follows: 138.090 1. Administrators with the will annexed29-26
same authority as the executor named in the will would have had if29-27
29-28
effectual for every purpose, but if the power or authority conferred upon29-29
the executor is discretionary, and is not conferred by law, it29-30
29-31
annexed.29-32
2. Persons and their nominees and appointees are entitled to29-33
appointment as administrators with the will annexed in the same order of29-34
priority as in the appointment of administrators, except that, as to foreign29-35
letters,29-36
priority over one who is not.29-37
Sec. 158. NRS 139.010 is hereby amended to read as follows: 139.010 No person29-39
29-40
1. Is under the age of majority;29-41
29-42
2. Has been convicted of a felony;29-43
30-1
3. Upon proof, is adjudged by the court30-2
30-3
30-4
4.30-5
case of a banking corporation,30-6
authorized to do business in this state or does not associate as30-7
coadministrator a banking corporation30-8
31-1
Sec. 159. NRS 139.030 is hereby amended to read as follows: 139.030 The surviving partner of a decedent must not be appointed31-3
administrator of the estate if any interested person31-4
objects to31-5
Sec. 160. NRS 139.040 is hereby amended to read as follows: 139.040 1. Administration of the intestate estate of a31-7
31-8
persons31-9
section, and they are respectively entitled to priority for appointment in31-10
the following order:31-11
(a) The surviving31-12
(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 the31-17
estate.31-18
(g) Creditors who have become such during the lifetime of the31-19
deceased.31-20
(h) The public administrator.31-21
(i) Any of the kindred not above enumerated, within the fourth degree31-22
of consanguinity.31-23
(j) Any person or persons legally31-24
2. A person in each of the foregoing classes is entitled:31-25
(a) To appointment, if31-26
Nevada or is a banking corporation31-27
which is authorized to do business in this state or which associates as31-28
coadministrator a banking corporation31-29
31-30
(b) To nominate a resident of the State of Nevada or a qualified banking31-31
corporation for appointment, whether or not the nominator is a resident of31-32
the State of Nevada or a qualified banking corporation. The nominee31-33
31-34
priority is independent of the residence or corporate qualification of the31-35
nominator.31-36
Sec. 161. NRS 139.050 is hereby amended to read as follows: 139.050 Administration may be granted upon petition to one or more31-38
31-39
31-40
Sec. 162. NRS 139.080 is hereby amended to read as follows: 139.080 Letters of administration may be granted to any31-42
31-43
having32-1
appointment, if the latter fail to appear and claim the issuance of letters to32-2
themselves32-3
Sec. 163. NRS 139.090 is hereby amended to read as follows: 139.090 1. A petition for letters of administration must be in writing,32-5
signed by the32-6
petitioner and filed with the clerk of the court, and must state:32-7
(a) The jurisdictional facts;32-8
(b) The names32-9
decedent and their relationship to the decedent, so far as known to the32-10
32-11
(c) The character and estimated value of the property of the estate; and32-12
(d) That the32-13
never been convicted of a felony.32-14
2. No defect of form or in the statement of jurisdictional facts actually32-15
existing voids an order appointing an administrator or any of the32-16
subsequent proceedings.32-17
Sec. 164. NRS 139.100 is hereby amended to read as follows: 139.100 The clerk shall set the petition for hearing, and notice must be32-19
given to the heirs of the decedent32-20
administrator of the welfare division of the department of human resources32-21
as provided in NRS 155.020. The notice must state the filing of the32-22
petition, the object and the time for hearing.32-23
Sec. 165. NRS 139.110 is hereby amended to read as follows: 139.11032-25
32-26
[32-27
or may assert32-28
32-29
latter case,32-30
required for the original petition, and the court must hear the two petitions32-31
together.32-32
Sec. 166. NRS 139.120 is hereby amended to read as follows: 139.120 Before letters are granted , the fact of death32-34
32-35
the decedent died intestate, and that notice has been given as required in32-36
this chapter, must be proved by the evidence of the32-37
or others .32-38
petitioner or any other person concerning the time, place and manner of32-39
death, the place of the decedent’s residence at the time32-40
character and value of his property, and whether or not the decedent left32-41
32-42
for that purpose.33-1
Sec. 167. NRS 139.130 is hereby amended to read as follows: 139.130 An entry in the minutes or in the written order appointing the33-3
administrator33-4
had been given according to law33-5
fact of such notice.33-6
Sec. 168. NRS 139.140 is hereby amended to read as follows: 139.140 When letters of administration have been granted to any33-8
33-9
spouse or the spouse’s nominee, or the child,33-10
or sister of the33-11
qualified, may obtain the revocation of the letters by presenting to the33-12
33-13
letters of administration be issued to33-14
Sec. 169. NRS 139.150 is hereby amended to read as follows: 139.150 1.33-16
33-17
33-18
citation33-19
time appointed for the hearing. The citation must be served on the33-20
administrator in accordance with NRS 155.050 at least 10 days before33-21
the date of the hearing.33-22
2. At the time appointed, upon proof that the citation, together with a33-23
copy of the petition, has been duly served and notice given as33-24
33-25
petition, and if the right of the33-26
is33-27
to him and the letters of the former administrator revoked. The former33-28
administrator shall promptly file an accounting in accordance with NRS33-29
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, brother33-33
or sister of the33-34
letters have been granted to any other of them, may assert33-35
right33-36
have the previous letters33-37
in NRS 139.150.33-38
Sec. 171. NRS 139.170 is hereby amended to read as follows: 139.170 The court33-40
administration as provided in this chapter to any person or to the nominee33-41
of any person who had actual notice of the first33-42
an opportunity to contest34-1
Sec. 172. NRS 140.010 is hereby amended to read as follows: 140.010 The34-3
to collect and take charge of the estate of the34-4
whatever county or counties the34-5
exercise such other powers as may be necessary to preserve the estate:34-6
1.34-7
testamentary or letters of administration, from any cause.34-8
2.34-9
3.34-10
4.34-11
5.34-12
removed, and the circumstances of the estate require the immediate34-13
appointment of a personal representative.34-14
6. If there may be no assets subject to administration but good cause34-15
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: 140.020 1. The appointment of a special administrator may be made34-19
at chambers34-20
such34-21
34-22
upon the minutes of the court or by written order signed and filed, which34-23
34-24
administrator.34-25
2. Upon the filing of the order ,34-26
appointed has given bond34-27
issue special letters of administration, with a34-28
attached .34-29
3. In making the appointment of a special administrator , the34-30
34-31
letters testamentary or letters of administration, but no appeal34-32
34-33
Sec. 174. NRS 140.030 is hereby amended to read as follows: 140.030 Before letters issue to a person as a special administrator34-35
, the person must:34-36
1. Give bond in such sum as the court34-37
with sureties to the satisfaction of the court ,34-38
faithful performance of34-39
bond; and34-40
2. Take the usual oath34-41
34-42
office.35-1
Sec. 175. NRS 140.040 is hereby amended to read as follows: 140.040 1. A special administrator shall:35-3
(a) Collect and preserve for the executor or administrator when35-4
appointed all the goods, chattels and35-5
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 upon35-7
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 defend35-10
actions and other legal proceedings as35-11
representative.35-12
(b) Without prior order of the court, sell any perishable property of the35-13
estate, as provided in NRS 148.170.35-14
(c) Exercise such other powers as35-15
35-16
(d) Obtain leave of the court to borrow money or to lease or mortgage35-17
35-18
35-19
3. A special administrator is not liable:35-20
(a) To35-21
(b)35-22
involving wrongful death, personal injury or property damage35-23
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: 140.050 1. If any property in35-26
special administrator is subject to a mortgage35-27
lien to secure the payment of money, and there is danger that the holder of35-28
the security may enforce or foreclose the35-29
value of the property exceeds35-30
thereon, then, upon petition of the special administrator or35-31
35-32
court35-33
authorize or direct the special administrator to35-34
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 it35-36
becomes due, and the order shall remain in effect and cover such future35-37
interest unless and until for good cause set aside or modified by the court35-38
upon petition and notice, in the same manner as35-39
administrator.35-40
Sec. 177. NRS 140.060 is hereby amended to read as follows: 140.060 1.35-42
determination of a contest of a will instituted35-43
before it is admitted to probate, or pending an appeal from an order36-1
appointing, suspending or removing an executor or administrator, the36-2
special administrator36-3
obligations as36-4
administration issued to him36-5
administrator is appointed with36-6
those powers.36-7
2. If a special administrator has been appointed, and thereafter a36-8
proceeding to contest a will36-9
admitted to probate has been instituted, the court shall36-10
order36-11
36-12
executor or administrator and requiring36-13
as the court deems proper. The order is not appealable .36-14
36-15
36-16
36-17
Sec. 178. NRS 140.070 is hereby amended to read as follows: 140.07036-19
36-20
36-21
special administrator shall immediately deliver to the executor or36-22
administrator all the property and effects of the deceased in36-23
possession of the special administrator and the executor or administrator36-24
may prosecute to final judgment any36-25
special administrator.36-26
Sec. 179. NRS 140.080 is hereby amended to read as follows: 140.08036-28
under oath, of36-29
are required to do ,36-30
appointed the succeeding36-31
accounting otherwise due from36-32
included in36-33
Sec. 180. Chapter 141 of NRS is hereby amended by adding thereto36-34
the provisions set forth as sections 181 and 182 of this act.36-35
Sec. 181. Letters of special administration may be in substantially36-36
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 Administration36-41
)37-1
On _____ (day) _____ (month) _____ (year), the court entered an order37-2
(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 in37-5
excess of $__; or37-6
[ ] a directive for the posting of bond in the sum of $___.37-7
The special administrator, after being duly qualified, may act and has37-8
the authority and duties of special administrator.37-9
In testimony of which, I have this date signed these letters and affixed37-10
the seal of the court.37-11
CLERK OF THE COURT37-12
By37-13
Deputy Clerk (date)37-14
OATH37-15
I, ______________________________________, whose mailing37-16
address is __________________________________________, solemnly37-17
affirm that I will faithfully perform according to law the duties of special37-18
administrator, and that all matters stated in any petition or paper filed37-19
with the court by me are true of my own knowledge or, if any matters are37-20
stated on information and belief, I believe them to be true.37-21
37-22
Special Administrator37-23
SUBSCRIBED AND AFFIRMED before me this _____ day37-25
CLERK OF COURT37-26
By37-27
Deputy Clerk37-28
(or)37-29
NOTARY PUBLIC37-30
County of __________ State of37-31
Sec. 182. After receipt of notice of a proceeding to suspend or37-32
remove a person as personal representative, the person shall not act37-33
except to account, correct malfeasance or misfeasance of administration,37-34
or preserve the estate. If removal is ordered, the court shall also order the37-35
disposition or transfer of the assets remaining in the name or under the37-36
control of the personal representative being removed.37-37
Sec. 183. NRS 141.010 is hereby amended to read as follows: 141.010 Letters testamentary, letters of administration with the will37-39
annexed, letters of special administration, and letters of administration37-40
37-41
court.38-1
Sec. 184. NRS 141.020 is hereby amended to read as follows: 141.020 Letters testamentary may be in substantially the following38-3
form ,38-4
38-5
38-6
38-7
38-8
38-9
38-10
In the Matter of the Estate of )38-11
) Case No.38-12
)38-13
deceased. ) Letters Testamentary38-14
)38-15
On _____ (day) _____ (month) _____ (year), the court entered an38-16
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 in38-18
excess of $___; or38-19
[ ] 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 authority38-21
and duties of an executor.38-22
In testimony of which, I have this date signed these letters and affixed38-23
the seal of the court.38-24
CLERK OF THE COURT38-25
By38-26
Deputy Clerk (date)38-27
OATH38-28
I,____________________________________, whose mailing address38-29
is _______________________________________, solemnly affirm that I38-30
will faithfully perform according to law the duties of executor, and that38-31
all matters stated in any petition or paper filed with the court by me are38-32
true of my own knowledge or, if any matters are stated on information38-33
and belief, I believe them to be true.38-34
38-35
Executor38-36
SUBSCRIBED AND AFFIRMED before me this ______ day39-1
CLERK OF COURT39-2
By39-3
Deputy Clerk39-4
(or)39-5
NOTARY PUBLIC39-6
County of __________ State of39-7
Sec. 185. NRS 141.030 is hereby amended to read as follows: 141.030 Letters of administration with the will annexed may be in39-9
substantially39-10
39-11
39-12
39-13
39-14
39-15
39-16
39-17
In the Matter of the Estate of )39-18
) Case No.39-19
)39-20
deceased. ) Letters of Administration With Will Annexed39-21
)39-22
On _____ (day) _____ (month) _____ (year), the court entered an39-23
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 in39-26
excess of $__; or39-27
[ ] 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 will39-30
annexed.39-31
In testimony of which, I have this date signed these letters and affixed39-32
the seal of the court.39-33
CLERK OF THE COURT39-34
By39-35
Deputy Clerk (date)39-36
OATH39-37
I,________________________________________, whose mailing39-38
address is _________________________________________, solemnly39-39
affirm that I will faithfully perform according to law the duties of40-1
administrator with the will annexed, and that all matters stated in any40-2
petition or paper filed with the court by me are true of my own knowledge40-3
or, if any matters are stated on information and belief, I believe them to40-4
be true.40-5
40-6
Administration With Will Annexed40-7
SUBSCRIBED AND AFFIRMED before me this ______ (day) of40-8
______________(month) of ____(year).40-9
CLERK OF COURT40-10
By40-11
Deputy Clerk40-12
(or)40-13
NOTARY PUBLIC40-14
County of __________ State of40-15
Sec. 186. NRS 141.040 is hereby amended to read as follows: 141.040 Letters of administration may be in substantially the40-17
following form ,40-18
40-19
40-20
40-21
40-22
40-23
40-24
In the Matter of the Estate of )40-25
) Case No.40-26
)40-27
deceased. ) Letters of Administration40-28
)40-29
On _____ (day) _____ (month) _____ (year), the court entered40-31
estate. The order includes:40-32
[ ] a directive for the establishment of a blocked account for sums in40-33
excess of $__; or40-34
[ ] a directive for the posting of bond in the sum of $___.40-35
The administrator, after being duly qualified, may act and has the40-36
authority and duties of administrator.40-37
In testimony of which, I have this date signed these letters and affixed40-38
the seal of the court.40-39
CLERK OF THE COURT40-40
By40-41
Deputy Clerk (date)41-1
OATH41-2
I,______________________________________, whose mailing41-3
address is ______________________________________, solemnly41-4
affirm that I will faithfully perform according to law the duties of41-5
administrator, and that all matters stated in any petition or paper filed41-6
with the court by me are true of my own knowledge or, if any matters are41-7
stated on information and belief, I believe them to be true.41-8
41-9
Administrator41-10
SUBSCRIBED AND AFFIRMED before me this ______ (day) of41-11
______________ (month) of ____(year).41-12
CLERK OF COURT41-13
By41-14
Deputy Clerk41-15
(or)41-16
NOTARY PUBLIC41-17
County of __________ State of41-18
Sec. 187. NRS 141.050 is hereby amended to read as follows: 141.050 If, after granting letters of administration on the ground of41-20
intestacy, a will of the41-21
allowed by the court, the letters of administration41-22
and the power of the administrator41-23
administrator shall render an account of his administration within such41-24
time as the court41-25
will, or the administrator with the will annexed,41-26
demand,41-27
and effects of the deceased, remaining unadministered, and may prosecute41-28
to final judgment any suit commenced by or against the administrator41-29
before the revocation of41-30
Sec. 188. NRS 141.060 is hereby amended to read as follows: 141.06041-32
personal representatives of the same estate to whom letters41-33
been granted41-34
becomes incapacitated or disqualified, or otherwise41-35
incapable of executing the41-36
letters41-37
annulled according to law with respect to41-38
41-39
41-40
41-41
Sec. 189. NRS 141.070 is hereby amended to read as follows: 141.070 If all the41-43
representatives die or from any cause become incapable of executing the42-1
42-2
annulled according to law, the42-3
42-4
42-5
42-6
42-7
42-8
42-9
139.040. The successor personal representative shall post such bond as42-10
the court may require.42-11
Sec. 190. NRS 141.080 is hereby amended to read as follows: 141.08042-13
may resign42-14
42-15
accounts. If, however, by reason of any delay in42-16
for any other cause, the circumstances of the estate or the rights of those42-17
interested therein require it, the court, at any time after the tendering of the42-18
resignation, may revoke the letters of42-19
42-20
42-21
personal representative in the same manner as is directed in relation to42-22
original letters .42-23
42-24
42-25
representative is not discharged, released or affected by42-26
resignation or appointment, but42-27
42-28
all the estate to the42-29
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: 141.09042-33
from42-34
42-35
1. Has wasted, converted to42-36
use42-37
representative’s own use, the property of the estate committed to42-38
42-39
2. Has committed or is about to commit any wrong or fraud upon the42-40
estate;42-41
3. Has become42-42
4. Has wrongfully neglected the estate; or43-1
5. Has unreasonably delayed the performance of necessary acts in any43-2
particular as43-4
the court may, by an order entered upon the minutes ,43-5
suspend the powers of the43-6
representative until the matter can be investigated43-7
action as it deems appropriate under the circumstances.43-8
Sec. 192. NRS 141.100 is hereby amended to read as follows: 141.100 During the suspension of the powers of43-10
43-11
43-12
estate requires ,43-13
43-14
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: 141.110 1.43-18
suspension is entered, the clerk shall issue a citation, reciting the order of43-19
suspension, to the43-20
appear before the court at a time43-21
,43-22
representative should not be revoked.43-23
2. The citation43-24
as provided in43-25
43-26
3. If the43-27
absconded or43-28
has left the state, the citation may be served by leaving a copy with43-29
the personal representative’s attorney of record, if43-30
such manner as the court may direct, and the court43-31
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: 141.12043-34
and file allegations in writing, showing that the43-35
personal representative should be removed.43-36
43-37
Sec. 195. NRS 141.130 is hereby amended to read as follows: 141.130 1. If the43-39
fails to appear43-40
personal representative appears and the court is satisfied that good43-41
grounds exist for43-42
personal representative must be revoked, and new letters43-43
44-1
2. In proceedings for the removal of44-2
personal representative, the court may compel44-3
personal representative by44-4
require44-5
44-6
so, may commit44-7
personal representative obeys or may revoke44-8
Sec. 196. NRS 141.140 is hereby amended to read as follows: 141.140 All acts of44-10
representative before the revocation of44-11
44-12
valid,44-13
representative had continued lawfully to execute the duties of44-14
the office.44-15
Sec. 197. NRS 142.010 is hereby amended to read as follows: 142.010 1. Before letters44-17
may be issued to44-18
representative, the personal representative must take and subscribe an44-19
oath or affirmation, before a person authorized to administer oaths, that44-20
44-21
of44-22
filed44-23
2. The oath of a corporation appointed as44-24
personal representative may be taken and subscribed by44-25
44-26
representative upon its behalf .44-27
44-28
44-29
44-30
Sec. 198. NRS 142.020 is hereby amended to read as follows: 142.020 1.44-32
requirement of a bond of44-33
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; or44-36
(b) Dispense with the requirement of a bond if it determines a bond is44-37
unnecessary.44-38
2. The bond must be conditioned so that the44-39
44-40
the44-41
by the clerk.44-42
3. Personal assets of an estate may be deposited with a domestic44-43
45-1
be prescribed by order of the court having jurisdiction of the estate. The45-2
deposit is subject to the further order of the court. The bond of the45-3
45-4
accordingly. The personal representative shall file with the clerk the45-5
acknowledgment of an authorized representative of the financial45-6
institution that holds the assets deposited, which may be in the following45-7
form:45-8
PROOF OF BLOCKED ACCOUNT45-9
The undersigned affirms that ____________________________, as45-10
personal representative of the estate of45-11
______________________________, deceased, has established an45-12
account, number ___, entitled "______," in the amount of $_____.45-13
The undersigned acknowledges that this account bears a45-14
blocked/frozen designation, and that no money may be removed without45-15
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 a45-19
creditor, having an interest in45-20
may45-21
45-22
45-23
45-24
45-25
45-26
45-27
45-28
file a petition requesting that the personal representative submit45-29
additional bond. Upon the filing of the petition, the clerk shall set it for45-30
hearing, and the petitioner shall give notice for the period and in the45-31
manner provided in NRS 155.010. Upon hearing the petition, the court45-32
may require the personal representative to file additional bond in the45-33
amount of the claim of the petitioner, unless it determines that bond45-34
should be dispensed with or set in a different amount.45-35
5. The amount of the bond is the estimated value of all personal45-36
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, changed45-38
by the court45-39
6. If a banking corporation, as defined in NRS 657.016, or trust45-40
company, as defined in NRS 669.070, doing business in this state is46-1
appointed46-2
estate of a46-3
46-4
Sec. 199. NRS 142.030 is hereby amended to read as follows: 142.030 The bond46-6
but may be sued upon from time to time by any person aggrieved in46-7
46-8
Sec. 200. NRS 142.035 is hereby amended to read as follows: 142.035 If46-10
required by a court pursuant to the provisions of this46-11
provide security in the form of cash or a bond, stipulation or other46-12
undertaking with one or more sureties, each surety for that security submits46-13
46-14
irrevocably appoints the clerk of that court as46-15
any papers affecting46-16
served. The liability of the surety may be enforced on46-17
without the necessity of an independent action. The46-18
such notice of the46-19
prescribes may be served on the clerk of the court, who shall46-20
mail copies to the surety46-21
known address.46-22
Sec. 201. NRS 142.040 is hereby amended to read as follows: 142.04046-24
bond is required under this chapter, the sureties must justify on oath46-25
before the46-26
notary public, or a justice of the peace of the county, to the effect that they46-27
are householders, or freeholders, within this state, and worth the amount46-28
for which they become surety, over and above all just debts and liabilities,46-29
exclusive of property exempt from execution. The justification must be46-30
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
46-33
46-34
46-35
46-36
46-37
46-38
46-39
Sec. 202. NRS 142.050 is hereby amended to read as follows: 142.050 1. Before46-41
required46-42
own motion, or at any time after the approval of a bond upon46-43
47-1
supported by affidavit that any one or all of the sureties is or are not worth47-2
as much as justified to, order a citation to issue, requiring the surety or47-3
sureties to appear before47-4
testify47-5
47-6
subpoena to issue to the47-7
representative requiring his appearance at the return of the citation.47-8
2. Upon the return of the citation , the47-9
question the surety and such witnesses as may be produced47-10
concerning the property47-11
value. If, upon such investigation, the47-12
bond is insufficient,47-13
such time as47-14
Sec. 203. NRS 142.060 is hereby amended to read as follows: 142.060 If sufficient security is not given within the time fixed by the47-16
47-17
may allow, the right of the47-18
47-19
person next entitled to the administration47-20
47-21
administration.47-22
Sec. 204. NRS 142.070 is hereby amended to read as follows: 142.07047-24
that no bond47-25
47-26
47-27
personal representative to whom letters have been issued without bond47-28
may, at any time afterward,47-29
cause to be necessary or proper, be required to provide and file a bond as47-30
in other cases.47-31
Sec. 205. NRS 142.080 is hereby amended to read as follows: 142.080 1.47-33
47-34
47-35
becoming insolvent, or that47-36
removed from, or47-37
any other cause the bond is insufficient,47-38
47-39
petition with the court requesting that further security be given.47-40
2. If it comes to the knowledge of the47-41
any cause insufficient47-42
any48-1
3. A personal representative or his counsel, if either becomes aware48-2
of facts causing a need therefor, shall petition the court for an order ex48-3
parte increasing a bond to the total appraised value of personal property48-4
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 must48-6
be included describing the total bond posted, the appraised value of48-7
personal property on hand plus the estimated annual income from real48-8
and personal property and a statement of any additional bond thereby48-9
required.48-10
Sec. 206. NRS 142.090 is hereby amended to read as follows: 142.090 1. If the court48-12
additional bond or otherwise believes that the matter requires48-13
investigation, a citation must be issued to the48-14
48-15
representative to appear before the48-16
place, to show cause why48-17
further security. The citation must be served on the48-18
48-19
48-20
48-21
personal representative pursuant to NRS 155.050.48-22
2. On the return of the citation or at such other time as the48-23
court may appoint,48-24
satisfactorily appears that the security, from any cause, is insufficient,48-25
48-26
personal representative to give further security, or to file a new bond in48-27
the usual form, within a reasonable time, not less than 5 nor more than 3048-28
days.48-29
Sec. 207. NRS 142.100 is hereby amended to read as follows: 142.100 If sufficient security or additional security is not given within48-31
the time fixed by the48-32
48-33
administer the estate ceases, and the person next entitled to administer the48-34
estate, who will48-35
letters have already been issued to the48-36
48-37
48-38
representative thereupon ceases. The person next entitled to administer48-39
the estate, who48-40
appointed, upon giving the48-41
48-42
Sec. 208. NRS 142.110 is hereby amended to read as follows: 142.11049-1
1. If a petition is presented49-2
requesting that a personal representative be required to give further49-3
security, and49-4
affirmation that the49-5
wasting the property of the estate, the49-6
49-7
heard and determined.49-8
2. If an order of suspension is entered, the personal representative is49-9
restrained as provided in section 182 of this act. After the suspension, the49-10
personal representative must be cited to show cause and the matter must49-11
be heard and determined pursuant to NRS 141.130.49-12
Sec. 209. NRS 142.130 is hereby amended to read as follows: 142.13049-14
personal representative desires to be released from responsibility on49-15
account of future acts,49-16
49-17
shall cite the49-18
at a designated time and place and give other security. If the49-19
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 at49-22
the personal representative, or by serving the attorney of the personal49-23
representative, or by such publication as the court49-24
49-25
Sec. 210. NRS 142.140 is hereby amended to read as follows: 142.140 If the49-27
neglects or refuses to give new sureties, to the satisfaction of the49-28
court, on the return of the citation, the court49-29
citation has been served, or within such reasonable time as the49-30
49-31
49-32
time, the court49-33
Sec. 211. NRS 142.150 is hereby amended to read as follows: 142.150 If new sureties49-35
49-36
surety49-37
subsequent act, default49-38
personal representative.49-39
Sec. 212. Chapter 143 of NRS is hereby amended by adding thereto a49-40
new section to read as follows:49-41
A statute of limitations running on a cause of action belonging to a49-42
decedent, that was not barred as of the date of death, does not bar the49-43
cause of action sooner than 4 months after the death. A cause of action50-1
that, but for this section, would be barred less than 4 months after the50-2
death of the decedent is barred after 4 months unless the running of the50-3
statute is tolled under other law.50-4
Sec. 213. NRS 143.010 is hereby amended to read as follows: 143.01050-6
personal representatives, the acts of one alone50-7
other is absent from the state, or for any cause is laboring under any legal50-8
disability, and50-9
50-10
Sec. 214. NRS 143.020 is hereby amended to read as follows: 143.02050-12
otherwise provided in NRS 146.010, a personal representative has a right50-13
to the possession of all the real, as well as personal, property of the50-14
50-15
property until the estate50-16
order of the50-17
reasonable effort to keep in good tenantable repair all houses, buildings50-18
and50-19
control of the personal representative.50-20
Sec. 215. NRS 143.030 is hereby amended to read as follows: 143.030 1.50-22
representative shall take into50-23
50-24
in this Title, and shall collect all50-25
50-26
2. For the purpose of bringing50-27
partition of the estate, the possession of the50-28
personal representative shall be deemed the possession of the heirs or50-29
devisees. The possession of heirs or devisees50-30
to the possession of the50-31
for all other purposes.50-32
Sec. 216. NRS 143.035 is hereby amended to read as follows: 143.035 1.50-34
shall use reasonable diligence in performing50-35
personal representative and in pursuing the administration of the estate.50-36
2.50-37
of an estate that has not been closed shall:50-38
(a) Within 6 months after50-39
appointment, where no federal estate tax return is required to be filed for50-40
the estate; or50-41
(b) Within 15 months after50-42
appointment, where a federal estate tax return is required to be filed for the50-43
estate,51-1
file with the51-2
closed.51-3
3. Upon receiving the report, the51-4
place for a hearing of the report .51-5
51-6
51-7
report and shall give notice of the hearing,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 heir51-10
51-11
(b) The welfare division of the department of human resources, if the51-12
welfare division has filed a claim against the estate.51-13
4. At the hearing, the court shall determine whether or not the51-14
51-15
diligence in51-16
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; or51-19
(2) Allow the51-20
additional time for closing and order a subsequent report; or51-21
(b) Revoke the letters of the51-22
representative, appoint a successor and prescribe a reasonable time within51-23
which the successor shall close the estate.51-24
Sec. 217. NRS 143.037 is hereby amended to read as follows: 143.037 1. Except as otherwise provided in this section,51-26
51-27
months after51-28
2. If a claim against the estate is in litigation or in summary51-29
determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of51-30
NRS 147.130 or the amount of federal estate tax has not been determined,51-31
the court, upon petition of a devisee,51-32
that:51-33
(a) A certain amount of money, or certain other assets, be retained by51-34
the51-35
(1) Satisfy the claim or tax ;51-36
(2) Pay any fees or costs related to the claim or tax, including51-37
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 is51-40
pending, the court which appointed the51-41
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; or52-1
(b) May, for good cause shown, order that the entire distributable estate52-2
be retained pending disposition of the contest or proceeding.52-3
Sec. 218. NRS 143.040 is hereby amended to read as follows: 143.040 1.52-5
52-6
time of52-7
52-8
and52-9
of the decedent must be included in the inventory and appraised as52-10
52-11
2. The surviving partner shall proceed to settle the affairs of the52-12
partnership without delay, and shall account to the52-13
52-14
be, from time to time, payable to52-15
52-16
3. Upon the52-17
52-18
may appear necessary, order the surviving partner to render an52-19
accounting, and in case of neglect or refusal , may, after notice, compel it52-20
by52-21
the personal representative may maintain against52-22
partner any action which the52-23
4. Upon any sale of a partnership interest , the surviving partner may52-24
be a bidder.52-25
Sec. 219. NRS 143.050 is hereby amended to read as follows: 143.050 After notice given as provided in NRS 155.010 or in such52-27
other manner as52-28
directs, the court may authorize the52-29
representative to continue the operation of the decedent’s business to such52-30
an extent and subject to such restrictions as may seem to the court to be for52-31
the best interest of the estate and52-32
persons.52-33
Sec. 220. NRS 143.060 is hereby amended to read as follows: 143.060 Actions for the recovery of any property, real or personal, or52-35
for the possession thereof, or to quiet title thereto, or to determine any52-36
adverse claim thereon, and all actions founded upon contracts, may be52-37
maintained by and against52-38
representative in all cases in which the52-39
maintained by or against52-40
52-41
52-42
52-43
53-1
53-2
53-3
Sec. 221. NRS 143.070 is hereby amended to read as follows: 143.070 1.53-5
personal representative may commence or maintain an action against any53-6
person53-7
carried away or converted53-8
53-9
2.53-10
53-11
53-12
Sec. 222. NRS 143.080 is hereby amended to read as follows: 143.080 Any person or53-14
personal representative has a right of action against the53-15
53-16
decedent who, in53-17
wasted, destroyed,53-18
53-19
trespass on the real property of53-20
Sec. 223. NRS 143.090 is hereby amended to read as follows: 143.09053-22
successor personal representative may, for the use and benefit of all53-23
53-24
maintain an action on the bond of53-25
a former personal representative of the same estate.53-26
Sec. 224. NRS 143.100 is hereby amended to read as follows: 143.100 If any person, before the granting of letters53-28
53-29
converts, takes or alienates any of the53-30
effects of53-31
chargeable and53-32
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: 143.110 1. If53-36
53-37
53-38
other interested person alleges in a petition to the court that any person53-39
has, or is suspected to have, concealed, converted ,53-40
conveyed away or otherwise disposed of any53-41
chattels or effects of the53-42
person has possession or knowledge of any deeds, conveyances, bonds,53-43
contracts or other writings which contain evidence of, or tend to disclose54-1
the right, title or interest of the54-2
personal property, or any claim or demand, or any last will of the54-3
54-4
be cited to appear before the54-5
matter of the54-6
2. If the person54-7
granted,54-8
54-9
before the court issuing the citation. If54-10
54-11
allowed out of the estate.54-12
Sec. 226. NRS 143.120 is hereby amended to read as follows: 143.120 1. If the person so cited54-14
and submit to examination or to testify54-15
the complaint, the court may commit the person to the county jail, there to54-16
remain confined until54-17
court or54-18
2. If, upon examination, it54-19
concealed, converted ,54-20
any manner disposed of any54-21
54-22
54-23
writings54-24
interest or claim of the54-25
property, claim or demand, or any last will of the54-26
decedent, the court may54-27
deliver any such property or effects to the54-28
personal representative at such time as the court may fix.54-29
54-30
commit54-31
complied with or the person is discharged according to law.54-32
3. The order of the court for the delivery of54-33
the property is prima facie evidence of the right of the54-34
54-35
may be brought for54-36
recovered54-37
damages in addition thereto equal to the value of54-38
4. In addition to the examination of the party, witnesses may be54-39
produced and examined on either side.54-40
Sec. 227. NRS 143.130 is hereby amended to read as follows: 143.130 The54-42
54-43
55-1
personal representative, may require any person entrusted by the55-2
personal representative with any part of the estate of the decedent to55-3
appear before the court and render on oath a full55-4
any money, goods, chattels, bonds, accounts, or other papers or effects55-5
belonging to the estate which55-6
the person in trust for the55-7
representative. If the person so cited55-8
appear and render the55-9
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: 143.140 1. If a debtor of the decedent is unable to pay all55-12
the55-13
of the court, may give55-14
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 appears55-16
to be just and for the best interest of the estate.55-17
3. The court may also authorize the55-18
personal representative, on such terms and conditions as may be approved55-19
by it, to extend or renew, or in any manner modify the terms of, any55-20
obligation owing to or running in favor of the decedent or55-21
estate of the decedent.55-22
4. To obtain approval or authorization the55-23
55-24
file a petition showing the advantage of the settlement, compromise,55-25
extension, renewal or modification. The clerk shall set the petition for55-26
hearing by the court, and55-27
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: 143.150 1. If the55-30
real property or any rights or interests therein, with intent to defraud55-31
creditors or to avoid any obligation, debt or duty owed another, or so55-32
conveyed55-33
as against creditors, or made a gift of property in55-34
death, and there is a deficiency of assets in the hands of the55-35
55-36
the expenses and debts of the estate, the personal representative, on55-37
petition of any creditor, shall commence and prosecute to final judgment55-38
any proper action for the recovery of the55-39
the creditors.55-40
2. The55-41
for the benefit of the creditors,55-42
goods, chattels, rights or credits, or their value, which may have been so56-1
fraudulently conveyed by the56-2
whatever may have been the manner of fraudulent conveyance.57-1
Sec. 230. NRS 143.160 is hereby amended to read as follows: 143.160 1.57-3
representative is not bound to57-4
57-5
unless a creditor57-6
57-7
(a) Files a petition; and57-8
(b)57-9
such security57-10
directs.57-11
2. All real property so recovered57-12
of debts in the same manner as prescribed in this Title for sales of real57-13
property by57-14
3. The proceeds of all goods, chattels, rights or credits so received57-15
57-16
by the creditor, must be applied in payment of debts in the same manner as57-17
other personal property in the hands of57-18
personal representative.57-19
Sec. 231. NRS 143.165 is hereby amended to read as follows: 143.165 1. On petition of57-21
57-22
may restrain a personal representative from performing specified acts of57-23
administration, disbursement or distribution, or exercising any powers or57-24
discharging any duties of57-25
to secure proper performance of57-26
appears to the court that the personal representative otherwise may take57-27
some action that would jeopardize unreasonably the interest of the57-28
petitioner or of some other interested person. A person with whom the57-29
personal representative may transact business may be made a party57-30
the temporary order.57-31
2. The matter must be set for hearing within 10 days after57-32
entry of the temporary order unless the parties otherwise agree. Notice as57-33
the court directs must be given by the petitioner to the personal57-34
representative and57-35
representative, if any, and to any other party named57-36
57-37
57-38
57-39
57-40
57-41
57-42
57-43
58-1
Sec. 232. NRS 143.170 is hereby amended to read as follows: 143.17058-3
representative shall not directly or indirectly purchase any property of the58-4
estate58-5
Sec. 233. NRS 143.175 is hereby amended to read as follows: 143.17558-7
58-8
58-9
58-10
58-11
58-12
58-13
58-14
58-15
58-16
58-17
58-18
58-19
1. A personal representative may, with court approval:58-20
(a) Invest the property of the estate, make loans and accept security58-21
therefor, in the manner and to the extent authorized by the court; and58-22
(b) Exercise options of the estate to purchase or exchange securities58-23
or other property.58-24
2. A personal representative may, without prior approval of the58-25
court, invest the property of the estate in:58-26
(a) Savings accounts in a bank or savings and loan association in this58-27
state, to the extent that the deposit is insured by the Federal Deposit58-28
Insurance Corporation;58-29
(b) Interest-bearing obligations of, or fully guaranteed by, the United58-30
States;58-31
(c) Interest-bearing obligations of the United States Postal Service or58-32
the Federal National Mortgage Association;58-33
(d) Interest-bearing obligations of this state or of a county, city or58-34
school district of this state;58-35
(e) Money-market mutual funds that are invested only in obligations58-36
listed in paragraphs (a) to (d), inclusive; or58-37
(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: 143.180 1. Subject to such regulations as may be prescribed by the58-40
Federal Housing Administrator,58-41
58-42
59-1
(a) Make such loans and advances of credit, and purchases of59-2
obligations representing the loans and advances of credit, as are eligible for59-3
insurance by the Federal Housing Administrator, and59-4
insurance.59-5
(b)59-6
as are eligible for insurance by the Federal Housing Administrator, and59-7
obtain such insurance.59-8
(c)59-9
secured by mortgage insured by the Federal Housing Administrator,59-10
securities of national mortgage associations, and debentures issued by the59-11
Federal Housing Administrator.59-12
2. No law of this state prescribing the nature, amount or form of59-13
security or requiring security upon which loans or advances of credit may59-14
be made, or prescribing or limiting interest rates upon loans or advances of59-15
credit, or prescribing or limiting the period for which loans or advances of59-16
credit may be made,59-17
purchases made pursuant to subsection 1.59-18
3. All above-described loans, advances of credit, and purchases of59-19
obligations59-20
National Housing Act before October 1, 1999, are hereby validated and59-21
confirmed.59-22
Sec. 235. NRS 143.185 is hereby amended to read as follows: 143.18559-24
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 banks59-27
and federal intermediate credit banks under the authority of the Federal59-28
Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 102159-29
to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 200159-30
59-31
2. Bonds, debentures, consolidated debentures and other obligations59-32
issued by banks for cooperatives under the authority of the Farm Credit59-33
Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm59-34
Credit Act of 1971, 12 U.S.C. §§ 200159-35
59-36
Sec. 236. NRS 143.187 is hereby amended to read as follows: 143.187 1.59-38
holding certificates of stock in59-39
stock in the name of a nominee without mention59-40
certificate or registration books, if:59-41
(a) The59-42
representative and all reports and60-1
representative renders clearly show60-2
regarding60-3
(b) The nominee deposits with the60-4
representative a signed statement of the true interest of the60-5
60-6
60-7
2. A personal representative is personally liable for any loss to the60-8
estate resulting from any act of the nominee in connection with stock so60-9
held.60-10
Sec. 237. NRS 143.190 is hereby amended to read as follows: 143.190 1. Before letters60-12
60-13
60-14
representative shall file with the county clerk of the county in which the60-15
administration of the estate is pending a written statement containing60-16
the name and60-17
representative. The permanent address may, from time to time, be changed60-18
60-19
changed address.60-20
contained in the last statement so filed by60-21
representative.60-22
2. The taking of his oath of office by60-23
60-24
60-25
constitutes an appointment60-26
which the administration of the estate is pending to be60-27
lawful attorney, upon whom all legal process in any action or proceeding60-28
against the60-29
served, with the same legal force and effect as if served upon60-30
personal representative personally within the State of Nevada.60-31
3. Service of process may be made by mailing by registered or60-32
certified mail a copy of the process ,60-33
there must be attached thereto a copy of the complaint certified by the60-34
clerk or the plaintiff’s attorney ,60-35
60-36
statement filed60-37
service upon the60-38
proof of60-39
clerk.60-40
4. The court in which the action is pending may order such60-41
continuances as may be necessary to afford the60-42
representative reasonable opportunity to defend the action.61-1
5. The foregoing method of service is cumulative, and does not61-2
prevent the personal service of process upon the61-3
representative within the State of Nevada.62-1
Sec. 238. NRS 143.200 is hereby amended to read as follows: 143.200 No action to which62-3
62-4
62-5
removal of62-6
but the person who is appointed, qualifies and is acting as62-7
62-8
action.62-9
Sec. 239. NRS 143.210 is hereby amended to read as follows: 143.210 In actions brought by or against62-11
personal representatives, it is not necessary to join those as parties who62-12
have not qualified.62-13
Sec. 240. NRS 144.010 is hereby amended to read as follows: 144.010 1. Every62-15
representative shall make and62-16
within 60 days after62-17
extends the time, a true inventory and appraisement or record of value of62-18
all the estate of the62-19
possession or knowledge62-20
2. The personal representative, within 10 days after filing the62-21
inventory with the clerk, shall mail a copy to all the interested heirs of an62-22
intestate estate, or to the devisees of a testate estate, or to both interested62-23
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 the62-25
proceeding.62-26
Sec. 241. NRS 144.020 is hereby amended to read as follows: 144.020 1.62-28
representative may engage a qualified and disinterested appraiser to62-29
ascertain the fair market value, as of the decedent’s death, of any asset the62-30
value of which is subject to reasonable doubt. Different persons may be62-31
engaged to appraise different kinds of assets included in the estate.62-32
2. Any such appraiser is entitled to a reasonable compensation for62-33
the appraisal and may be paid the compensation by the62-34
62-35
completion of the appraisal.62-36
3.62-37
such as money, deposits in banks, bonds, policies of life insurance , or62-38
securities for money or evidence of indebtedness,62-39
asset is equal in value to62-40
personal representative shall file a verified record of value in lieu of the62-41
appraisement.62-42
4. If it appears beyond reasonable doubt that there will be no need to62-43
sell assets of the estate to pay the debts of the estate or expenses of63-1
administration, or to divide assets for distribution in kind to the devisees63-2
or heirs, the personal representative may petition the court for an order63-3
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: 144.025 1.63-7
representative may engage a certified public accountant or other expert in63-8
valuation to ascertain the fair market value, as of the date of the death of63-9
the decedent, of the interest of the decedent in a corporation, partnership,63-10
limited-liability company or other63-11
2.63-12
entitled to a reasonable compensation for his services and may be paid the63-13
compensation by the63-14
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: 144.030 1. Before proceeding63-17
an appraiser, certified public accountant or expert in valuation shall certify63-18
63-19
value the property according to63-20
knowledge and ability. The certification must be contained in the appraisal63-21
or valuation or filed with the court.63-22
2.63-23
valuation, shall then proceed to appraise the property of the estate. Each63-24
item with63-25
down separately with the value thereof in dollars and cents in figures63-26
opposite63-27
3.63-28
valuation who directly or indirectly purchases any property of an estate ,63-29
63-30
by the court, is guilty of a misdemeanor. A sale made in violation of the63-31
provisions of this subsection is void.63-32
Sec. 244. NRS 144.040 is hereby amended to read as follows: 144.040 1.63-34
estate of the63-35
the jurisdiction of the court.63-36
2. The inventory63-37
(a) All the estate of the63-38
(b) A statement of all63-39
interests, bonds, mortgages, notes, and other securities for the payment of63-40
money, belonging to the63-41
debtor in each security, the date, the sum originally payable,63-42
64-1
sum which, in the judgment of the appraiser, may be collectible on each64-2
debt, interest or security.64-3
(c) Mortgages of any kind on the real and personal property of the64-4
estate.64-5
3. The inventory64-6
(a) So far as can be ascertained, what portion of the estate is community64-7
property and what portion is the separate property of the64-8
decedent.64-9
(b) An account of all64-10
64-11
the possession of the personal representative.64-12
Sec. 245. NRS 144.050 is hereby amended to read as follows: 144.050 The naming of64-14
representative in a will64-15
64-16
64-17
or demand must be included in the inventory and the person named as64-18
64-19
64-20
becomes due, unless it64-21
had not,64-22
64-23
such part64-24
not arise from any fraud committed by64-25
but any commissions allowed64-26
the64-27
Sec. 246. NRS 144.060 is hereby amended to read as follows: 144.060 The discharge or64-29
will of a receivable or demand64-30
person named as64-31
64-32
creditors of the64-33
specific bequest only of64-34
64-35
be applied in payment of64-36
not necessary for that purpose, it64-37
manner as other specific64-38
Sec. 247. NRS 144.070 is hereby amended to read as follows: 144.07064-40
shall take and subscribe an oath, before any person authorized to64-41
administer oaths, that the inventory contains a true statement of all the64-42
estate of the64-43
possession or of which65-1
and particularly of all money belonging to the65-2
all just claims of the65-3
65-4
or annexed to the inventory.65-5
Sec. 248. NRS 144.080 is hereby amended to read as follows: 144.080 If65-7
65-8
within the time prescribed65-9
65-10
such notice as it65-11
65-12
65-13
liable on his bond for any injuries sustained by the estate through his65-14
neglect.65-15
Sec. 249. NRS 144.090 is hereby amended to read as follows: 144.090 1.65-17
65-18
clerk comes into the possession or knowledge of the65-19
65-20
representative shall file a supplementary inventory of65-21
within 20 days after65-22
manner as an original inventory.65-23
2. The court may enforce the65-24
inventory as65-25
Sec. 250. Chapter 145 of NRS is hereby amended by adding thereto65-26
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 summary65-28
administration of an estate it appears that the gross value of the estate65-29
exceeds $200,000 as of the death of the decedent, the personal65-30
representative shall petition the court for an order revoking summary65-31
administration. The court may, if deemed advisable considering the65-32
nature, character and obligations of the estate, provide in its order65-33
revoking summary administration that regular administration of the65-34
estate may proceed unabated upon providing such portions of the regular65-35
proceedings and notices as were dispensed with by the order for summary65-36
administration.65-37
Sec. 252. 1. Upon the filing of a final account and petition for65-38
distribution of an estate for which summary administration was ordered,65-39
the notice of hearing, the account and petition, together with notice of65-40
the amount agreed or requested as attorney’s fees, must be given to the65-41
persons entitled thereto.65-42
2. The petitioner shall give notice of hearing for the period and in65-43
the manner provided in NRS 155.010.66-1
Sec. 253. NRS 145.020 is hereby amended to read as follows: 145.020 All proceedings taken under this chapter, whether or not the66-3
decedent left a will, must be originated by a66-4
testamentary or letters of administration containing:66-5
1. Jurisdictional information;66-6
2. A description of the property of the decedent, including66-7
66-8
66-9
66-10
66-11
3. The names and residences of the heirs and devisees of the66-12
decedent and the age of any who is a minor and the relationship of each66-13
heir and devisee to the decedent, so far as known to the petitioner; and66-14
4. A statement that the person to be appointed as personal66-15
representative has never been convicted of a felony.66-16
Sec. 254. NRS 145.030 is hereby amended to read as follows: 145.030 Notice of a petition for the probate of a will and the issuance66-18
of letters66-19
provided in NRS 155.010 .66-20
66-21
66-22
Sec. 255. NRS 145.040 is hereby amended to read as follows: 145.04066-24
of the estate does not exceed $200,000, the court may, if deemed advisable66-25
considering the nature ,66-26
66-27
administration of the estate.66-28
Sec. 256. NRS 145.050 is hereby amended to read as follows: 145.050 The order for a summary administration of the estate must:66-30
1. Dispense with all regular proceedings and further notices, except for66-31
the66-32
66-33
and66-34
2. Provide that an inventory and appraisement or record of value be66-35
66-36
Sec. 257. NRS 145.060 is hereby amended to read as follows: 145.060 1. Creditors of the estate must file their claims, due or to66-38
become due, with the clerk, within 60 days after the mailing66-39
creditors for those required to be mailed, or 60 days after the first66-40
publication of the notice to creditors pursuant to NRS 155.020, and within66-41
10 days thereafter the66-42
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 by67-3
other proof to the satisfaction of the court, that the claimant did not have67-4
notice as provided in NRS 155.020, the claim may be filed at any time67-5
before the filing of the final account.67-6
3. Every claim which is filed as provided in this section67-7
allowed by the67-8
personal representative, must then, and not until then, be ranked as an67-9
acknowledged debt of the estate and be paid in the course of67-10
administration, except that payment of small debts in advance may be67-11
made pursuant to subsection 3 of NRS 150.230.67-12
4. If a claim filed by the welfare division of the department of human67-13
resources is rejected by the67-14
representative, the state welfare administrator67-15
67-16
rejection, petition the67-17
the claim. A petition for summary determination must be filed with the67-18
clerk ,67-19
petitioner shall give notice67-20
manner required by NRS 155.010. Allowance of the claim by the67-21
court is sufficient evidence of its correctness , and it must be paid as if67-22
previously allowed by the67-23
representative.67-24
Sec. 258. NRS 145.070 is hereby amended to read as follows: 145.070 All sales of real property,67-26
is ordered,67-27
required by67-28
Sec. 259. NRS 145.080 is hereby amended to read as follows: 145.08067-30
distribution made at any time after the expiration of the time for the67-31
67-32
if it appears to the court that all the debts of the estate, expenses and67-33
charges of administration and allowances to the family, if any, have been67-34
paid, and the estate is in condition to be finally settled.67-35
67-36
67-37
67-38
67-39
Sec. 260. Chapter 146 of NRS is hereby amended by adding thereto a67-40
new section to read as follows:67-41
If an order is entered setting apart a homestead, a certified copy of the67-42
order must be recorded in the office of the county recorder of the county67-43
in which the property is located.68-1
Sec. 261. NRS 146.005 is hereby amended to read as follows: 146.005 The provisions of this chapter are inapplicable to the extent68-3
that they are inconsistent with the provisions of a premarital agreement68-4
between the68-5
is enforceable pursuant to chapter 123A of NRS.68-6
Sec. 262. NRS 146.010 is hereby amended to read as follows: 146.010 Except as provided in NRS 125.510,68-8
dies leaving a surviving spouse or a minor child or minor children, the68-9
surviving spouse, minor child or minor children are entitled to remain in68-10
possession of the homestead and of all the wearing apparel and provisions68-11
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: 146.020 Upon the68-16
thereafter during the administration68-17
68-18
upon petition by an interested person, shall set apart for the use of the68-19
family of the68-20
exempt by law from execution, and68-21
68-22
68-23
68-24
apart68-25
Sec. 264. NRS 146.030 is hereby amended to read as follows: 146.030 1. If the whole property exempt by law is set apart and is68-27
not sufficient for the support of the surviving spouse, minor child or minor68-28
children, the court shall make such reasonable allowance out of the estate68-29
as is necessary for the maintenance of the family according to their68-30
circumstances during the progress of the68-31
estate, which, in case of an insolvent estate,68-32
1 year after granting letters of administration.68-33
2. If the surviving spouse or any minor child has a reasonable68-34
maintenance derived from other property, and there are other persons68-35
entitled to a family allowance, the allowance68-36
to those who do not have68-37
may be apportioned in such manner as may be just.68-38
Sec. 265. NRS 146.040 is hereby amended to read as follows: 146.04068-40
accordance with the provisions of this chapter68-41
68-42
other charges, except funeral charges, expenses of last illness and expenses69-1
of administration. This may, in the discretion of the court69-2
granting it, take effect from the death of the decedent.69-3
Sec. 266. NRS 146.050 is hereby amended to read as follows: 146.050 1. If the homestead was selected by69-5
spouses, or either of them, during their69-6
recorded while both were living, as provided in chapter 115 of NRS, it69-7
vests, on the death of either spouse, absolutely in the survivor, unless69-8
vesting is otherwise required pursuant to subsection 2 of NRS 115.060.69-9
2. If no homestead was so selected,69-10
apart by the court69-11
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 homestead69-14
must be designated in the order setting it apart and may not extend69-15
beyond the lifetime of the surviving spouse or the minority of any child of69-16
the decedent, whichever is longer. A homestead so set apart then vests,69-17
subject to69-18
(a) If set apart from69-19
the heirs or devisees of the decedent.69-20
(b) If set apart from community property, one-half in the surviving69-21
spouse69-22
69-23
3.69-24
69-25
69-26
69-27
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,69-30
69-31
or lien.69-32
Sec. 267. NRS 146.070 is hereby amended to read as follows: 146.070 1.69-34
value of which , after deducting any encumbrances , does not exceed69-35
$50,000, and there is a surviving spouse or minor child or minor children69-36
of the69-37
the whole69-38
deemed just, must be, by an order for that purpose, assigned and set apart69-39
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 no69-41
surviving spouse. Even69-42
may, after directing such payments, set aside the whole of the estate to the69-43
minor child or minor children, if it is in their best interests.70-1
2.70-2
70-3
deducting any encumbrances, does not exceed $50,000, upon good cause70-4
shown70-5
70-6
assigned and set apart70-7
70-8
(a) To the payment of funeral expenses, expenses of last illness, money70-9
owed to the department of human resources as a result of payment of70-10
benefits for Medicaid70-11
70-12
(b) Any balance remaining to the claimant or claimants entitled thereto70-13
pursuant to70-14
pursuant to intestate succession.70-15
3.70-16
not the decedent left a valid will, must not begin until at least 30 days after70-17
the death of the decedent and must be originated by a70-18
containing:70-19
(a) A specific description of all70-20
(b) A list of all the liens and70-21
date of70-22
(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 the70-24
petitioner.70-25
(e) The names70-26
70-27
70-28
70-29
70-30
the age of any who is a minor and the relationship of the heirs and70-31
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 shall70-33
give notice of the petition and hearing in the manner provided in NRS70-34
155.010 to the decedent’s heirs70-35
to the state welfare administrator. If a complete copy of the petition is not70-36
enclosed with the notice, the notice must include a statement setting forth70-37
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 petition70-39
in, or order of court thereon, or for any certified copy of the petition or70-40
order in an estate not exceeding $2,500 in value.70-41
6. If the court finds that the gross value of the estate, less70-42
encumbrances, does not exceed the sum of $50,000, the court may direct70-43
that the estate be distributed to the father or mother of71-1
or71-2
custodian under chapter 167 of NRS, or may require that a general71-3
guardian be appointed and that the estate be distributed to the guardian,71-4
with or without bond , as in the discretion of the court71-5
to be in the best interests of the minor. The court may direct the manner in71-6
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: 146.080 1.71-9
therein , nor mortgage or lien thereon, in this state, and the gross value of71-10
the decedent’s property in this state, over and above any amounts due to71-11
the decedent for services in the Armed Forces of the United States, does71-12
not exceed $20,000, a person who has a right to succeed to the property of71-13
the decedent71-14
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 the71-17
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 the71-19
decedent, without procuring letters of administration or awaiting the71-20
probate of the will, collect any money due the decedent, receive the71-21
property of the decedent, and have any evidences of interest, indebtedness71-22
or right transferred to71-23
representative, corporation, officer or body owing the money, having71-24
custody of the property or acting as registrar or transfer agent of the71-25
evidences of interest, indebtedness or right, with an affidavit showing the71-26
right of the affiant or affiants to receive the money or property or to have71-27
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 by71-30
law to succeed to the property claimed;71-31
(b) That the decedent was a resident of Nevada at the time of71-32
death;71-33
(c) That the gross value of the decedent’s property in this state, except71-34
amounts due to the decedent for services in the Armed Forces of the71-35
United States, does not exceed $20,000, and that the property does not71-36
include any real property nor interest therein , nor mortgage or lien71-37
thereon;71-38
(d) That at least 40 days have elapsed since the death of the decedent;71-39
(e) That no71-40
representative is pending or has been granted in any jurisdiction;71-41
(f) That all debts of the decedent, including funeral and burial expenses71-42
, and money owed to the department of human resources as a result of the71-43
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 by72-3
certified mail, identifying72-4
property claimed, to every person whose right to succeed to the decedent’s72-5
property is equal or superior to that of the affiant, and that at least 14 days72-6
have elapsed since the notice was served or mailed;72-7
(i) That the affiant is personally entitled, or the department of human72-8
resources is entitled, to full payment or delivery of the property claimed or72-9
is entitled to payment or delivery on behalf of and with the written72-10
authority of all other successors who have an interest in the property; and72-11
(j) That the affiant acknowledges72-12
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 of72-15
subsection 2 or which contains statements which are not entirely true, any72-16
money or property72-17
decedent.72-18
(b) Fails to give notice to other successors as required by subsection 2,72-19
any money or property72-20
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 information72-22
required by subsection 2 is entitled to rely upon72-23
and if72-24
civil liability for actions based on that reliance.72-25
5. Upon receiving proof of the death of the decedent and an affidavit72-26
containing the information required by this section:72-27
(a) A transfer agent of any security shall change the registered72-28
ownership of the security claimed from the decedent to the person claiming72-29
to succeed to ownership of that security.72-30
(b) A governmental agency required to issue certificates of ownership72-31
or registration to personal property shall issue a new certificate of72-32
ownership or registration to the person claiming to succeed to ownership of72-33
the property.72-34
6. If any property of the estate not exceeding $20,000 is located in a72-35
state which requires an order of a court for the transfer of the property, or72-36
if72-37
an agent outside this state, any person qualified under the provisions of72-38
subsection 1 to have the stocks or bonds or other property transferred72-39
72-40
person desiring the transfer must file a72-41
72-42
(a) A specific description of all73-1
(b) A list of all the liens and73-2
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’s73-5
heirs and73-6
(e) A73-7
directing the transfer of the stocks or bonds or other property if the court73-8
finds the gross value of the estate does not exceed $20,000.73-9
(f) An attached copy of the executed affidavit made pursuant to73-10
subsection 2.73-11
If the court finds that the gross value of the estate does not exceed $20,00073-12
and the person requesting the transfer is entitled to it, the court may73-13
enter an order directing the transfer.73-14
Sec. 269. NRS 147.010 is hereby amended to read as follows: 147.01073-16
shall publish and mail notice to creditors in the manner provided in NRS73-17
155.020.73-18
Sec. 270. NRS 147.020 is hereby amended to read as follows: 147.020 If73-20
dies, resigns or is removed after the expiration of the time for the73-21
publication or mailing of notice to creditors,73-22
give any further notice to creditors.73-23
Sec. 271. NRS 147.030 is hereby amended to read as follows: 147.030 After the notice to creditors has been mailed or published, a73-25
copy ,73-26
with73-27
73-28
Sec. 272. NRS 147.040 is hereby amended to read as follows: 147.040 1.73-30
due or to become due, against the73-31
73-32
mailing73-33
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 to73-35
subsection 5 of NRS 155.020 must file a claim with the clerk within 3073-36
days after the mailing or 90 days after the first publication of notice to73-37
creditors pursuant to NRS 155.020, whichever is sooner.73-38
3. If a claim is not filed with the clerk within73-39
73-40
2, the claim is forever barred, but73-41
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 155.02074-1
actual notice of the administration of the estate, the claim may be filed at74-2
any time before the filing of the final account.74-3
4. The period of 90 days prescribed by this section is reduced to 6074-4
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: 147.050 1. If74-7
representative is a creditor of the decedent74-8
must be filed with the clerk , who must present it for allowance or rejection74-9
to the74-10
evidence of its correctness, and it must be paid as other claims in due74-11
course of administration.74-12
2. If the74-13
74-14
the personal representative as claimant against the estate, and summons74-15
must be served upon the74-16
attorney, at the expense of the estate, to defend the action. If the claimant74-17
fails to recover , he must pay all costs, including74-18
attorney’s fees74-19
Sec. 274. NRS 147.060 is hereby amended to read as follows: 147.060 1. If a judge of the district court files or presents a claim74-21
against74-22
administration of which is pending before74-23
judge must designate, in writing, some other district judge74-24
74-25
74-26
2. In case of its rejection by the74-27
designated judge, the claimant has the same right to74-28
for its recovery as other persons whose claims are rejected.74-29
Sec. 275. NRS 147.070 is hereby amended to read as follows: 147.070 1.74-31
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 the74-33
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 of74-36
the claimant or other affiant.74-37
2. Every claim filed with the clerk must contain the mailing address of74-38
the claimant. Any written notice mailed by74-39
personal representative to the claimant at the address furnished is proper74-40
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 the74-43
affidavit.75-1
4. The oath may be taken before any person authorized to administer75-2
oaths.75-3
5. The amount of interest must be computed and included in the75-4
statement of the claim and the rate of interest determined.75-5
6. The court may,75-6
defective claim or affidavit to be corrected or amended on application75-7
made at any time before the filing of the final account75-8
amendment may not be made to increase the amount of a claim after the75-9
time for filing a claim has expired.75-10
Sec. 276. NRS 147.080 is hereby amended to read as follows: 147.080 1. If75-12
note or other instrument, the original instrument need not be filed, but a75-13
copy, with all endorsements,75-14
the claim and filed therewith.75-15
2. If75-16
75-17
of the mortgage or lien must be attached to the claim and filed75-18
with the clerk.75-19
Sec. 277. NRS 147.090 is hereby amended to read as follows: 147.09075-21
75-22
75-23
75-24
75-25
75-26
75-27
allowed or approved by75-28
75-29
75-30
75-31
representative or by the court. No claim75-32
timely filed is affected by the statute of limitations, pending the75-33
administration of the estate.75-34
Sec. 278. NRS 147.100 is hereby amended to read as follows: 147.10075-36
1. Except as otherwise ordered by the court for good cause shown,75-37
an action or proceeding pending against75-38
time of his75-39
75-40
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; and76-1
(c) Within 60 days after notice of rejection is given, the claimant who76-2
is the plaintiff applies to the court in which the action or proceeding is76-3
pending for an order substituting the personal representative in the76-4
action or proceeding. This requirement applies only if the notice of76-5
rejection contains a statement that the claimant has 60 days within which76-6
to apply for an order of substitution.76-7
2. No recovery may be allowed in an action against property in the76-8
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: 147.110 1. Within 15 days after the time for filing claims has76-11
expired, as provided in this chapter, the76-12
personal representative shall examine all claims filed and shall either76-13
endorse on each claim76-14
year thereof, or shall file a notice of allowance or rejection with the date76-15
and the year thereof, and76-16
must be attached to the claim allowed or rejected76-17
76-18
76-19
76-20
76-21
with the clerk.76-22
2. If a personal representative refuses or neglects to endorse on a76-23
claim76-24
section, or76-25
shall be deemed rejected, but the76-26
representative may, nevertheless, allow the claim at any time before the76-27
filing of the final account.76-28
3. A personal representative need not allow or reject a claim that was76-29
not timely filed unless the court otherwise orders.76-30
Sec. 280. NRS 147.120 is hereby amended to read as follows: 147.120 All claims76-32
representative or the court must be ranked among the acknowledged debts76-33
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: 147.130 1.76-36
76-37
whole or in part, the76-38
76-39
the claimant must bring suit in the proper court against the76-40
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.76-43
77-1
informed of the rejection of77-2
77-3
mail.77-4
2. If a claim filed by the welfare division of the department of human77-5
resources is rejected by the77-6
representative, the state welfare administrator77-7
77-8
rejection, petition the77-9
the claim. A petition for summary determination must be filed with the77-10
clerk ,77-11
be given for the period and in the manner required by NRS 155.010.77-12
Allowance of the claim by the77-13
correctness , and it must be paid as if previously allowed by the77-14
77-15
3. In any77-16
part by the77-17
personal representative, if he resides out of the state77-18
from the state, or cannot, after due diligence, be found within the state, or77-19
conceals himself to avoid the service of summons, the summons, together77-20
with a copy of the complaint, must be mailed directly to the last address77-21
given by77-22
for the estate, and proof of the mailing must be filed with the77-23
77-24
service is the equivalent of personal service upon the77-25
77-26
days from the date of77-27
4. If the77-28
service, the default is sufficient grounds for his removal as77-29
77-30
petition and notice, in the manner provided for an application for letters of77-31
administration, an administrator or an administrator with the will annexed77-32
must be appointed by the court and, upon his qualification as such, letters77-33
of administration or letters of administration with the will annexed must be77-34
issued.77-35
Sec. 282. NRS 147.140 is hereby amended to read as follows: 147.140 The time during which there77-37
administration77-38
this77-39
Sec. 283. NRS 147.150 is hereby amended to read as follows: 147.150 No holder of a claim against an estate77-41
action thereon unless the claim is first filed with the clerk77-42
is rejected in whole or in part, except in the following case: An action may77-43
be brought by the holder of a mortgage78-1
mortgage against the property of the estate subject thereto78-2
recourse against any other property of the estate is expressly waived in the78-3
complaint.78-4
Sec. 284. NRS 147.160 is hereby amended to read as follows: 147.160 1.78-6
78-7
representative who, or a court which, acts upon a filed claim shall78-8
endorse on the claim the amount78-9
78-10
2. If the creditor78-11
allowed in satisfaction of78-12
recover no costs in any action78-13
against the78-14
78-15
Sec. 285. NRS 147.170 is hereby amended to read as follows: 147.170 1. If the78-17
doubts the correctness of any claim filed78-18
representative may enter into an agreement in writing with the claimant to78-19
refer the matter in controversy to some disinterested person, as a master,78-20
to be approved by the court78-21
agreement and approval78-22
78-23
controversy to the person so selected78-24
78-25
2. The master must hear and determine the matter and make78-26
78-27
3. The same proceedings78-28
master78-29
compensation and is subject to the same control as in other cases of78-30
reference.78-31
4. The court may remove the master, appoint another ,78-32
set aside or confirm78-33
against78-34
judgment of the court thereon78-35
respects, as if the78-36
an action commenced by ordinary process .78-37
78-38
78-39
Sec. 286. NRS 147.180 is hereby amended to read as follows: 147.180 1. After the time for the presentation of claims has expired,78-41
the78-42
of the court, may compromise any claim against the estate or any78-43
action brought against the79-1
representative as such by the transfer of specific assets of the estate or79-2
otherwise.79-3
2. To obtain such approval, the79-4
representative shall file a79-5
advantage of the compromise.79-6
3. The clerk shall set the petition for hearing79-7
the personal representative shall give notice thereof79-8
the period and in the manner required by NRS 155.010.79-9
4. If, under this section, the court authorizes the transfer of real79-10
property of the estate, conveyances79-11
79-12
provided in NRS 148.280, and79-13
force and effect as conveyances executed pursuant to that section.79-14
5. A certified copy of the order authorizing the transfer must be79-15
recorded in the office of the recorder of the county in which the real79-16
property, or any portion thereof,79-17
Sec. 287. NRS 147.190 is hereby amended to read as follows: 147.19079-19
against79-20
79-21
the costs must be allowed79-22
79-23
administration, unless it appears that the79-24
which the costs were taxed79-25
the personal representative without cause.79-26
Sec. 288. NRS 147.200 is hereby amended to read as follows: 147.200 1. The effect of79-28
79-29
a claim for money against the estate of79-30
79-31
had been allowed by the79-32
personal representative, and the judgment79-33
79-34
administration, the amount ascertained to be due.79-35
2. A certified copy of the judgment79-36
proceedings.79-37
3. No execution79-38
it create any lien upon the property of the estate, nor give the judgment79-39
creditor any priority of payment.79-40
4. This section does not apply to a judgment of foreclosure of a79-41
mortgage.79-42
Sec. 289. NRS 147.210 is hereby amended to read as follows:80-1
147.210 1.80-2
against the80-3
execution80-4
death, but a certified copy of the judgment80-5
statement of claim filed with the clerk and80-6
other claim.80-7
2. If an execution has been80-8
80-9
may be sold for the satisfaction80-10
making the sale shall account to the80-11
representative for any surplus in his hands.80-12
3. The lien of an attachment may be converted into the lien of a80-13
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; or80-16
(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: 147.220 All claims paid bear interest from date of filing at a rate equal80-20
to the prime rate at the largest bank in Nevada, as ascertained by the80-21
commissioner of financial institutions, on January 1 or July 1, as the case80-22
may be, immediately preceding the date of filing, plus 2 percent, unless a80-23
different rate is applicable by contract or otherwise. The rate of interest80-24
must be adjusted accordingly on each January 1 and July 1 thereafter until80-25
the amount of the80-26
Sec. 291. NRS 147.230 is hereby amended to read as follows: 147.230 No80-28
representative is chargeable upon any special promise to80-29
liability for damages or to pay the debts of the80-30
80-31
purpose, or some memorandum or note thereof, is in writing and signed by80-32
80-33
other person by him thereunto specially authorized.80-34
Sec. 292. Chapter 148 of NRS is hereby amended by adding thereto80-35
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 convey80-37
or transfer property dies before making the conveyance or transfer, and80-38
the decedent, if living, could have been compelled to make the80-39
conveyance or transfer, the court in which proceedings are pending for80-40
the administration of the estate of the decedent may enter an order80-41
directing the personal representative to convey or transfer the property to80-42
the persons entitled thereto.81-1
Sec. 294. 1. The personal representative, or the person claiming to81-2
be entitled to the conveyance or transfer, may file with the clerk a petition81-3
setting forth the facts upon which the claim is predicated.81-4
2. The clerk shall set the petition for hearing, and the petitioner shall81-5
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 due81-7
notice of the hearing has been given, shall hear the petition and any81-8
objection that has filed or is presented.81-9
2. If the court is satisfied that the conveyance or transfer should be81-10
made, it shall enter an order directing the personal representative to81-11
execute the conveyance or transfer to the person entitled thereto.81-12
3. If the transaction relates to real property, a certified copy of the81-13
order must be recorded with the deed in the office of the county recorder81-14
of the county in which the real property is located.81-15
Sec. 296. 1. The order is prima facie evidence of the correctness of81-16
the proceedings and of the authority of the personal representative to81-17
make the conveyance or transfer, and after its entry, the person entitled81-18
to the conveyance or transfer has a right to the possession of the property81-19
contracted for, and to hold the property according to the terms of the81-20
intended conveyance or transfer, in like manner as if it had been81-21
conveyed or transferred to the order.81-22
2. The personal representative shall execute the conveyance or81-23
transfer according to the directions of the order, and the court may81-24
enforce its execution by process. The conveyance or transfer passes title81-25
to the property contracted for as fully as if the contracting party had81-26
executed it while living.81-27
Sec. 297. If it appears advantageous to the estate to exchange any81-28
property of the estate for other property, the court may authorize the81-29
exchange, upon petition of the personal representative or of an interested81-30
person. The clerk shall set the petition for hearing, and the petitioner81-31
shall give notice of the hearing for the period and in the manner required81-32
by NRS 155.010.81-33
Sec. 298. NRS 148.050 is hereby amended to read as follows: 148.050 In selling property to pay debts,81-35
allowance or expenses, there81-36
real property. When a sale of property of the estate is necessary for any81-37
such purpose, or when it is for the advantage, benefit and best interests of81-38
the estate and81-39
property of the estate be sold, the81-40
representative may sell the81-41
private sale, using his discretion as to which property to sell first, except as81-42
otherwise provided81-43
384 of this act.82-1
Sec. 299. NRS 148.060 is hereby amended to read as follows: 148.060 1. Except as otherwise provided82-3
148.18082-4
all sales of property must be reported to the court and confirmed by the82-5
court before the title to the property passes.82-6
The report and a petition for confirmation of the sale must be made within82-7
30 days after each sale.82-8
2. The clerk shall set the petition for hearing by the court , and the82-9
petitioner shall give notice thereof for the period and in the manner82-10
required by NRS 155.010, or for such a period and in such manner as may82-11
be ordered by the court.82-12
Sec. 300. NRS 148.070 is hereby amended to read as follows: 148.07082-14
may file written objections to the confirmation of the sale and may be82-15
heard thereon, and may produce witnesses in support of82-16
objections. Before an order is made confirming a sale , it must be proved to82-17
the satisfaction of the court that notice of the sale was given as prescribed82-18
by this82-19
proof was made.82-20
Sec. 301. NRS 148.080 is hereby amended to read as follows: 148.08082-22
authority is given in the will to sell the property, the82-23
representative may sell82-24
and with or without notice, as82-25
determine, but82-26
and obtain confirmation82-27
passes unless the sale is confirmed by the court ,82-28
sale, or its advantage or benefit to the estate or82-29
interested persons need not be shown. If directions are given in the will as82-30
to the mode of selling, or the particular property to be sold,82-31
directions must be observed.82-32
Sec. 302. NRS 148.090 is hereby amended to read as follows: 148.090 If the82-34
neglects or refuses to sell any property of the estate when it is necessary or82-35
when it is for the advantage, benefit and best interests of the estate and82-36
82-37
the personal representative is directed by the will to sell the82-38
82-39
requiring the82-40
The clerk shall set the petition for hearing by the court, and the petitioner82-41
shall give notice82-42
the personal representative by citation served at least 5 days before the82-43
hearing.83-1
Sec. 303. NRS 148.100 is hereby amended to read as follows: 148.100 If there is83-3
the83-4
sale by which83-5
suffers damage, the person aggrieved may recover83-6
an action upon the bond of the83-7
representative or otherwise.83-8
Sec. 304. NRS 148.110 is hereby amended to read as follows: 148.110 1. The83-10
may enter into a written contract with any bona fide agent, broker , or83-11
multiple group of agents or brokers to secure a purchaser for any real83-12
property of the estate, and by that contract , the83-13
personal representative may grant an exclusive right to sell and shall83-14
provide for the payment to the agent, broker , or multiple group of agents83-15
or brokers, out of the proceeds of a sale to any purchaser secured pursuant83-16
to the contract, of a commission, the amount of which must be fixed and83-17
allowed by the court upon confirmation of the sale.83-18
confirmed to the purchaser , the contract is binding and valid as against the83-19
estate for the amount so allowed by the court.83-20
2. By the execution of any such contract no personal liability83-21
83-22
representative, and no liability of any kind is incurred by the estate unless83-23
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: 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 the83-30
highest bid. Upon confirmation, the real estate commission83-31
divided between the listing agent and the agent, if any, who procured the83-32
purchaser to whom the sale was confirmed, in accordance with the listing83-33
agreement.83-34
Sec. 306. NRS 148.130 is hereby amended to read as follows: 148.130 1.83-36
is subject to a mortgage83-37
claim against the estate, the purchase money must be applied , after paying83-38
the necessary expenses of the sale83-39
(a) First, to the payment and satisfaction of the mortgage83-40
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 the83-43
mortgage84-1
the property is subject to84-2
other lien until the purchase money has been85-1
Sec. 307. NRS 148.140 is hereby amended to read as follows: 148.140 The purchase money, or so much thereof as85-3
sufficient to pay85-4
with interest, and any lawful costs and charges thereon, may be paid to the85-5
clerk85-6
whereupon the mortgage85-7
85-8
clerk85-9
in satisfaction of the obligation85-10
85-11
returned to85-12
for good cause shown, after notice to the executor or administrator, the85-13
court otherwise directs.85-14
Sec. 308. NRS 148.150 is hereby amended to read as follows: 148.150 At85-16
is a mortgage85-17
purchaser, and85-18
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: 148.160 1.85-21
personal representative may sell the equity of the estate in any property85-22
which is subject to85-23
the85-24
85-25
prescribed in this chapter for the sale of like property.85-26
2.85-27
the mortgage or lien, no such sale85-28
holder of the claim ,85-29
filed in the matter of the estate,85-30
liability upon the claim.85-31
Sec. 310. NRS 148.170 is hereby amended to read as follows: 148.170 Perishable property and other personal property which will85-33
depreciate in value if not disposed of promptly, or which will incur loss or85-34
expense by being kept, and so much other personal property as may be85-35
necessary to provide the family allowance pending the receipt of other85-36
sufficient85-37
passes without confirmation ,85-38
85-39
the property unless85-40
85-41
the sale before the closing of the estate.86-1
Sec. 311. NRS 148.180 is hereby amended to read as follows: 148.180 1.86-3
86-4
86-5
86-6
86-7
86-8
86-9
86-10
86-11
86-12
the devisees or heirs to whom the securities are to be distributed, the86-13
securities may be sold without notice, and title passes without86-14
confirmation, if the securities are sold upon an established securities86-15
exchange.86-16
2. All other securities may be sold upon obtaining an order of the86-17
court. Upon the filing of a petition requesting such an order, the clerk86-18
shall set the matter for hearing and the petitioner shall give notice for the86-19
period and in the manner required by NRS 155.010, but the court may86-20
shorten the period or dispense with notice.86-21
Sec. 312. NRS 148.190 is hereby amended to read as follows: 148.190 1. Except as otherwise provided86-23
148.170 and 148.180 and in summary administration under chapter 145 of86-24
NRS,86-25
personal property of the estate only after86-26
86-27
published in a newspaper published in the county where the proceedings86-28
are pending, if there is such a newspaper86-29
general circulation in the county86-30
publications 1 week apart, before the day of the sale or, in the case of a86-31
private sale, before the day on or after which the sale is to be made. For86-32
good cause shown, the court may decrease the number of publications to86-33
one and shorten the time for publication to a period not less than 8 days.86-34
The notice shall include86-35
of the property to be sold86-36
and a day on or after which the sale will be made.86-37
2. Public sales86-38
other public place, at the residence of the decedent or at a place designated86-39
by the86-40
may be made of any personal property which is not86-41
inspection at the time of sale, unless the court86-42
otherwise orders.87-1
Sec. 313. NRS 148.200 is hereby amended to read as follows: 148.200 Personal property may be sold for cash87-3
Sec. 314. NRS 148.220 is hereby amended to read as follows: 148.220 1. Notice of the time and place of sale of real property must87-5
be published in a newspaper published in the county in which the87-6
property, or some portion87-7
is one so published87-8
87-9
week apart, before the day of sale87-10
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 shorten87-12
the time for publication to a period not less than 8 days.87-13
2.87-14
that the value of the property to be sold does not exceed87-15
87-16
representative may dispense with the publication87-17
post a notice of the time and place of sale in87-18
places in the county87-19
87-20
sale87-21
sale is to be made.87-22
3. The property proposed to be sold must be described with common87-23
certainty in the notice.87-24
Sec. 315. NRS 148.230 is hereby amended to read as follows: 148.230 1.87-26
county in which the87-27
it is located in two or more counties, it may be sold in either. The sale must87-28
be made between the hours of 9 a.m. and87-29
87-30
sale, unless the87-31
2. If, at the time appointed for the sale, the87-32
87-33
representative determines that the87-34
87-35
87-36
be given by a public declaration at the time and place first appointed for87-37
the sale.87-38
Sec. 316. NRS 148.240 is hereby amended to read as follows: 148.240 1.87-40
must state a place where bids or offers will be received, and a day on or87-41
after which the sale will be made, which87-42
87-43
sale88-1
within 1 year thereafter ,88-2
interests of the estate, the court88-3
number of publications and shorten the time of notice, which88-4
not, however, be less than88-5
may be made on or after a day less than88-6
days88-7
case the notice of sale and the sale may be made to correspond with88-8
the order.88-9
2. The bids or offers must be in writing, and may be left at the place88-10
designated in the notice or delivered to the88-11
88-12
88-13
after the first publication or posting of the notice and before the making of88-14
the sale.88-15
Sec. 317. NRS 148.260 is hereby amended to read as follows: 148.26088-17
1. Except as otherwise provided in subsection 2, no sale of real88-18
property at private sale88-19
court is satisfied that the sum offered represents the fair market value of88-20
the property sold, nor unless88-21
within 1 year88-22
appraised, a new appraisement must be had, as in the case of an original88-23
appraisement of an estate. This may be done at any time before the sale or88-24
confirmation thereof.88-25
2. If the personal representative is the sole devisee or heir of the88-26
estate, or if all devisees or heirs consent in writing to sale without an88-27
appraisal, the requirement of an appraisal may be dispensed with and the88-28
personal representative may rely on the assessed value of the property for88-29
taxation in obtaining confirmation of the sale.88-30
Sec. 318. NRS 148.270 is hereby amended to read as follows: 148.270 1.88-32
shall consider the necessity for the sale, or the advantage, benefit and88-33
interest of the estate in having the sale made, and must examine the return88-34
and88-35
2. If it appears to the court that good reason existed for the sale, that88-36
the sale was legally made and fairly conducted, and complied with the88-37
requirements of NRS 148.260, that the sum bid is not disproportionate to88-38
the value, and it does not appear that a sum exceeding the bid by at least 588-39
percent if the bid is not more than $100,000, or by at least $5,000 if the bid88-40
is $100,000 or more, may be obtained, the court shall88-41
order confirming the sale and directing conveyances to be executed88-42
88-43
89-1
given and the sale in all respects conducted as if no previous sale had taken89-2
place.89-3
3.89-4
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 the89-6
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 the89-9
sale, the court may continue the hearing if it finds that the original89-10
bidder was not notified of the hearing and might desire to increase his89-11
bid, but failure to notify the original bidder or to continue the hearing is89-12
not grounds to void an order confirming a sale.89-13
Sec. 319. NRS 148.280 is hereby amended to read as follows: 148.280 1.89-15
conveyance must be executed to the purchaser by the89-16
89-17
refer to the order confirming sale and89-18
89-19
office of the recorder of the county in which the89-20
portion thereof89-21
2.89-22
the right, title, interest and estate of the decedent in the89-23
at the time of his death ,89-24
law or otherwise, the estate has acquired any right, title or interest in the89-25
89-26
time of his death,89-27
89-28
Sec. 320. NRS 148.290 is hereby amended to read as follows: 148.290 1. If a sale is made upon89-30
89-31
the purchaser for the unpaid portion of the purchase money, with a89-32
mortgage89-33
2. The mortgage89-34
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: 148.300 If, after the confirmation, the purchaser neglects or refuses to89-37
comply with the terms of the sale, the court, on motion of the89-38
89-39
may vacate the order of confirmation and order a resale of the property. If89-40
the amount realized on89-41
expenses of the previous sale,89-42
the deficiency.90-1
Sec. 322. NRS 148.310 is hereby amended to read as follows: 148.31090-3
who fraudulently sells any real property of a decedent contrary to or90-4
otherwise than under the provisions of this90-5
double the value of the90-6
recovered in an action by the person having an estate of inheritance90-7
therein.90-8
Sec. 323. NRS 148.320 is hereby amended to read as follows: 148.320 The periods of limitation prescribed in NRS 11.27090-10
apply to all actions for the recovery of any property sold by90-11
90-12
of this90-13
Sec. 324. NRS 148.330 is hereby amended to read as follows: 148.330 If a decedent, at the time of90-15
party to a contract for the purchase of90-16
interest in90-17
by90-18
manner as if90-19
the same proceedings may be had for that purpose as are prescribed in this90-20
chapter for the sale of property of which he died seised, except as90-21
90-22
Sec. 325. NRS 148.340 is hereby amended to read as follows: 148.340 1. The sale must be made subject to all payments which are90-24
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 the90-26
purchaser executes a bond to the90-27
representative for the benefit and indemnity of himself and of the persons90-28
entitled to the interest of the decedent in the90-29
for, in double the whole amount of payments then due and thereafter to90-30
become due on the contract, with such sureties as the court90-31
90-32
2. The bond must be conditioned that the purchaser will make all90-33
payments for the property which are then due or which become due after90-34
the date of the sale, and will fully indemnify the90-35
90-36
all demands, cost, charges and expenses by reason of any covenant or90-37
agreement contained in the contract.90-38
3. A bond need not be given90-39
the estate upon the contract and time for filing or presenting claims has90-40
expired, nor90-41
acknowledged instrument filed in the matter of the estate,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: 148.350 Upon the confirmation of the sale, the91-3
91-4
an assignment of the contract, which vests in the purchaser,91-5
heirs and assigns91-6
estate, or of the persons entitled to the interest of the decedent, in the91-7
property sold at the time of the sale, and the purchaser has the same rights91-8
and remedies against the91-9
decedent would have had if91-10
Sec. 327. NRS 148.360 is hereby amended to read as follows: 148.360 1. To enter into an agreement to sell or to give an option to91-12
purchase a mining claim ,91-13
belonging to the estate of a decedent, the91-14
91-15
person, shall file a91-16
stating the terms and general conditions of the proposed agreement or91-17
option, showing the advantage or advantages that may accrue to the estate91-18
from entering into it, and91-19
directing its execution.91-20
2. The clerk shall set the petition for hearing91-21
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: 148.370 1. At the time appointed, the court, upon proof that due91-25
notice of the hearing has been given, shall proceed to hear the petition and91-26
any objection thereto that may have been filed or presented ,91-27
after a91-28
the estate to enter into the proposed agreement, it shall91-29
order91-30
representative to enter into91-31
the option to purchase.91-32
2. The order may prescribe the terms and conditions of the agreement91-33
or option.91-34
3. A certified copy of the order91-35
of the county recorder of every county in which the91-36
affected by the agreement or option, or any portion thereof,91-37
located.91-38
Sec. 329. NRS 148.380 is hereby amended to read as follows: 148.380 1.91-40
order must fix the amount of such additional bond as91-41
determines should be given by the91-42
92-1
proceeds from the agreement or option until the bond is given and92-2
approved.92-3
2. When the order is92-4
personal representative shall execute, acknowledge and deliver an92-5
agreement or option to purchase containing the conditions specified in the92-6
order and setting forth therein that it is made by authority of the order, and92-7
giving the date of the order.92-8
Sec. 330. NRS 148.390 is hereby amended to read as follows: 148.390 If the purchaser or option holder neglects or refuses to92-10
comply with the terms of the agreement or option, the court, on92-11
92-12
after notice to the purchaser or option holder, shall92-13
canceling the agreement or option92-14
cancellation does not affect any liability92-15
Sec. 331. NRS 148.400 is hereby amended to read as follows: 148.40092-17
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, the92-19
92-20
return92-21
92-22
hearing had, an order made by the court confirming or refusing to confirm92-23
the proceedings and conveyances executed, in the same manner and with92-24
like effect as in the case of the sale of92-25
Sec. 332. Chapter 149 of NRS is hereby amended by adding thereto a92-26
new section to read as follows:92-27
1. The personal representative or an interested person may petition92-28
the court to enter an order:92-29
(a) If the decedent died in possession of, or holding title to, property92-30
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 holds92-32
title to or is in possession of the property.92-33
2. The petition must state the facts upon which it is based and the92-34
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 and92-36
the petitioner shall give notice of the hearing, at least 30 days before the92-37
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 or92-40
possession of the property, and any other person whose right, title or92-41
interest in or to the property would be affected by the granting of the92-42
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 the93-2
petition, for discovery, or for other preparation for the hearing, and the93-3
court may grant a continuance for a reasonable time.93-4
5. The court shall not grant a petition under this section if it93-5
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 property93-7
which is the subject of the petition may, at or before the hearing, object93-8
to the hearing if the petition is filed in a court which is not the proper93-9
court under other law for the trial of a civil action seeking the same relief93-10
and, if the ground for the objection is established, the court shall not93-11
grant the petition.93-12
7. If a civil action is pending with respect to the subject matter of the93-13
petition and jurisdiction was obtained in the court where that action is93-14
pending before the petition was filed, upon request of a party to the civil93-15
action, the court shall stay action on the petition until the conclusion of93-16
the civil action, but the court need not stay action if it determines that the93-17
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 is93-19
satisfied that a conveyance, transfer, delivery or other disposition should93-20
be made, the court shall enter an order directing the trustee or other93-21
person having title to or possession of the property to convey, transfer or93-22
deliver it to the person entitled thereto or granting other appropriate93-23
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 the93-26
proceedings and of the personal representative or other person to execute93-27
the conveyance or transfer.93-28
(b) The person entitled under the order has the right to possession of93-29
the property, and the right to hold the property, according to the terms of93-30
the order as if the property had been conveyed or transferred.93-31
(c) The personal representative or other person to whom the order is93-32
directed shall execute the conveyance or transfer according to the terms93-33
of the order.93-34
(d) A conveyance or transfer by the personal representative passes title93-35
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: 149.010 1.93-38
advantage of the estate to borrow money upon a note or notes,93-39
unsecured or to be secured by a security agreement or other lien upon the93-40
personal property of the decedent93-41
by a mortgage93-42
or any part thereof, or to mortgage or93-43
create a security interest or other lien upon94-1
thereof, in order to pay the debts of the decedent, or94-2
expenses or charges of administration, or to pay, reduce, extend or renew94-3
94-4
94-5
as occasion94-6
the court may94-7
94-8
such note or notes94-9
94-10
lien, or may authorize, in a proper case, the execution of an extension94-11
agreement.94-12
2.94-13
interest in real or personal property, and it94-14
the advantage of the estate to borrow money in order to improve, utilize,94-15
operate or preserve94-16
co-owners, or in order to pay, reduce, extend or renew some security94-17
interest or agreement, lien94-18
94-19
undivided interest or interests therein, the court may94-20
94-21
borrow the money required for94-22
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 such94-24
joint and several note or notes as may be necessary, and to join with the94-25
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 such94-27
security agreement, lien94-28
be required to secure the payment of94-29
94-30
94-31
Sec. 334. NRS 149.020 is hereby amended to read as follows: 149.020 1. The94-33
94-34
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 or94-41
subjected to95-1
2. The clerk shall set the petition for hearing95-2
the petitioner shall give notice of the hearing95-3
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: 149.030 1. At the time appointed, the court, upon proof that due95-6
notice of the hearing has been given, shall proceed to hear the petition and95-7
any objection95-8
after a95-9
the estate, it shall95-10
95-11
and to execute95-12
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 the95-15
petition be borrowed, and may prescribe the maximum rate of interest and95-16
the period of the loan,95-17
95-18
principal be paid, from time to time, out of the whole estate or any part95-19
thereof, and that the personal property to be subject to the security95-20
agreement or other lien, or any95-21
to be mortgaged95-22
the further security of the lender, and the premiums paid from the assets of95-23
the estate.95-24
3. A certified copy of the order95-25
of the county recorder of every county in which the95-26
affected by the order, or any portion thereof,95-27
Sec. 336. NRS 149.040 is hereby amended to read as follows: 149.040 The95-29
execute, acknowledge and deliver the mortgage95-30
other security, as directed, setting forth therein that it is made by authority95-31
of the order, giving the date of the order. The note or notes and mortgage95-32
95-33
95-34
personal liability against95-35
Sec. 337. NRS 149.050 is hereby amended to read as follows: 149.050 1.95-37
95-38
security agreement95-39
which the decedent had in the property described therein at the time of his95-40
death or95-41
property acquired by the estate of95-42
or otherwise, since the time of his death.96-1
2. Jurisdiction of the court to administer the estate of96-2
96-3
96-4
agreement96-5
, and the jurisdiction conclusively inures to the benefit of the mortgagee96-6
named in the mortgage96-7
agreement96-8
96-9
3. No omission, error or irregularity in the proceedings96-10
96-11
96-12
pursuance thereof, and the mortgagee96-13
96-14
secured party, have and possess the same rights and remedies on the note96-15
or notes96-16
had been made by the decedent96-17
upon any foreclosure or sale under the mortgage96-18
96-19
are insufficient to pay the note or notes, the mortgage96-20
agreement ,96-21
judgment96-22
or notes96-23
96-24
mortgage or security agreement96-25
time of the death of the decedent and the indebtedness secured thereby was96-26
an allowed and approved claim against the estate, in which case the part of96-27
the indebtedness remaining unsatisfied must be classed and paid with other96-28
allowed claims against the estate.96-29
Sec. 338. NRS 149.060 is hereby amended to read as follows: 149.06096-31
of the estate to lease any real property of the decedent, and as often as96-32
occasion96-33
court may96-34
representative to execute96-35
Sec. 339. NRS 149.070 is hereby amended to read as follows: 149.070 1. To obtain such an order the96-37
96-38
interested person shall file a96-39
accrue from giving the lease, a general description of the property96-40
proposed to be leased, and the term, rental and general conditions of the96-41
proposed lease.97-1
2. The clerk shall set the petition for hearing97-2
and the petitioner shall give notice of the hearing97-3
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: 149.080 1. At the time appointed, the court shall hear the petition97-6
and any objection97-7
court is satisfied that it will be to the advantage of the estate, it shall97-8
97-9
97-10
2. The order97-11
the period of the lease, which97-12
may authorize, except as otherwise97-13
respect to a lease for the purpose of production of minerals, oil, gas or97-14
other hydrocarbon substances or natural steam.97-15
3. The order may authorize other terms and conditions, including, with97-16
respect to a lease for the purpose of production of minerals, oil, gas, or97-17
other hydrocarbon substances or natural steam, a provision for the payment97-18
of rental and royalty to a depositary, and for the appointment of a common97-19
agent to represent the interest of all the lessors, and, if the lease is for the97-20
purpose of production of oil, gas or other hydrocarbon substances or97-21
natural steam, including a provision for the payment of a compensatory97-22
royalty in lieu of rental and in lieu of drilling and producing operations on97-23
the97-24
empowering the lessee to enter into any agreement with lessees, operators97-25
or owners of other97-26
cooperative development and operation of all or parts of the field of which97-27
the leased97-28
all or parts of the field as a unit.97-29
4. If the lease covers additional property owned by other persons or an97-30
undivided interest of the decedent, or other interest of the decedent less97-31
than the entire ownership in the property, it may provide for division of97-32
rental and royalty in the proportion that the97-33
each owner bears to the total area of the97-34
covered by97-35
5. A lease for the purpose of production of minerals, oil, gas or other97-36
hydrocarbon substances or natural steam may be for a fixed period, and so97-37
long thereafter as minerals, oil, gas or other hydrocarbon substances or97-38
natural steam are produced in paying quantities from the property leased or97-39
mining or drilling operations are conducted thereon, and, if the lease97-40
provides for the payment of a compensatory royalty, so long as97-41
compensatory royalty is paid, and, if the97-42
lease is included in an agreement with lessees, operators or owners of other97-43
98-1
area including the leased98-2
hydrocarbon substances or natural steam are produced in paying quantities98-3
from any of the98-4
operations are conducted thereon.98-5
6. A certified copy of the order98-6
of the county recorder of every county in which the leased98-7
property, or any portion thereof,98-8
Sec. 341. NRS 149.090 is hereby amended to read as follows: 149.090 1. The98-10
shall execute, acknowledge and deliver the lease as directed, setting forth98-11
therein that it is made by authority of the order, giving the date of the98-12
order.98-13
2.98-14
98-15
the conditions therein prescribed.98-16
3. Jurisdiction of the court to administer the estate of the decedent98-17
98-18
order for the lease, and98-19
jurisdiction conclusively inures to the benefit of the lessee, his heirs,98-20
successors and assigns.98-21
4. No98-22
98-23
lease made in pursuance thereof.98-24
Sec. 342. NRS 149.100 is hereby amended to read as follows: 149.10098-26
may lease98-27
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 thereto98-29
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 designates98-31
property to be appropriated, for the payment of debts, the expenses of98-32
administration or family allowances, they must be paid according to that98-33
provision or out of the property thus appropriated, to the extent that the98-34
provision or property is sufficient.98-35
2. To the extent the provision or property is insufficient, any portion98-36
of the estate not disposed of by the will must be appropriated for that98-37
purpose. To the extent that is not sufficient, the property given to98-38
residuary devisees, and thereafter all other property devised, is liable for98-39
those obligations in proportion to the value or amount of the respective98-40
devises, but specific devises are exempt from that liability if exemption98-41
appears to the court necessary to carry out the intent of the testator and98-42
there is other sufficient property.99-1
Sec. 345. Until all remaining property is delivered pursuant to an99-2
order of final distribution, a personal representative shall file with the99-3
court, annually, an account showing the income he has received, what99-4
expenditures he has made, what property has been disbursed, or sold and99-5
at what price, and the nature and value of the property remaining on99-6
hand.99-7
Sec. 346. A supplementary account of any receipts and99-8
disbursements by the personal representative since the filing of his final99-9
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 the99-11
supplementary account, together with an estimate of the expense of99-12
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 supplementary99-14
account.99-15
Sec. 347. NRS 150.010 is hereby amended to read as follows: 150.010 The99-17
must be allowed all necessary expenses in the99-18
99-19
for99-20
99-21
other provision for the compensation of99-22
representative, this shall be deemed a full compensation for99-23
services, unless the99-24
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: 150.020 1.99-27
99-28
must be allowed99-29
has been accounted for99-30
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 same99-35
the personal representative if there is no will.99-36
3. If there are two or more99-37
representatives, the compensation must be apportioned among them by the99-38
court according to the services actually rendered by each.99-39
99-40
99-41
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 court100-2
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 estate100-6
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 of100-9
the court.100-10
6. Such other litigation or special services as may be necessary for the100-11
100-12
perform.100-13
Sec. 350. NRS 150.040 is hereby amended to read as follows: 150.040100-15
100-16
an heir or devisee for a higher compensation than that allowed by NRS100-17
150.020 and 150.030100-18
Sec. 351. NRS 150.050 is hereby amended to read as follows: 150.050 1.100-20
personal representative, at any time after the issuance of letters100-21
100-22
persons100-23
100-24
100-25
2. On the hearing, the court shall100-26
such portion of100-27
time, as the court deems proper, and the portion so allowed may be100-28
100-29
Sec. 352. NRS 150.060 is hereby amended to read as follows: 150.060 1. Attorneys for100-31
100-32
compensation for their services, to be paid out of the decedent’s estate. The100-33
amount must be fixed by agreement between the100-34
100-35
to approval by the court, after100-36
as provided in subsection 2. If the100-37
100-38
agreement, or if the attorney is also the100-39
100-40
and allowed by the court. The100-41
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; and101-4
(e) Other information considered to be relevant to a determination of101-5
entitlement.101-6
2. The101-7
petitioner shall give notice of101-8
101-9
personal representative if he is not the101-10
known heirs101-11
101-12
given for the period and in the manner provided in NRS 155.010. If a101-13
complete copy of the101-14
notice must include a statement of the amount of the fee which the court101-15
will be requested to approve or allow.101-16
3. On similar101-17
make an allowance to an attorney for services rendered up to a certain time101-18
during the proceedings.101-19
4.101-20
objections to101-21
and the objections must be considered at the hearing.101-22
5. Except as otherwise provided in this subsection, an attorney for101-23
minor, absent , unborn, incapacitated or nonresident heirs is entitled to101-24
compensation primarily out of the estate of the distributee so represented101-25
by him in those cases and to such extent as may be determined by the101-26
court. If the court finds that all or any part of the services performed by the101-27
attorney for the minor, absent , unborn, incapacitated or nonresident heirs101-28
was of value to the decedent’s entire estate as such and not of value only to101-29
101-30
or part of the attorney’s fee be paid to the attorney out of the101-31
money of the decedent’s entire estate as a general101-32
administrative expense of the estate. The amount of these fees must be101-33
determined in the same manner as the other attorney’s fees provided for in101-34
this section.101-35
Sec. 353. NRS 150.070 is hereby amended to read as follows: 150.070 1.101-37
101-38
101-39
that comes into the possession of the personal representative at the value101-40
of the appraisement contained in the inventory, except as otherwise101-41
provided in this Title, and101-42
the estate.102-1
2.102-2
not accountable for any debts due the deceased that remain uncollected102-3
without his fault.102-4
3.102-5
nor suffer loss by the decrease or destruction of any part of the estate102-6
without his fault.102-7
excess when102-8
102-9
than102-10
representataive is not responsible for the loss if the sale has been made102-11
according to law.102-12
Sec. 354. NRS 150.080 is hereby amended to read as follows: 150.080102-14
102-15
102-16
102-17
with the clerk102-18
102-19
102-20
name of each claimant, the nature of his claim, when it became due or will102-21
become due, whether it was allowed or rejected by him , or not yet acted102-22
upon.102-23
102-24
102-25
102-26
102-27
102-28
Sec. 355. NRS 150.100 is hereby amended to read as follows: 150.100 1. If the102-30
fails to102-31
in NRS102-32
issue requiring102-33
time to be stated in the citation, as fixed by the court ,102-34
and show cause why102-35
compelled to file the account.102-36
2. If102-37
time stated, or show cause why102-38
other proper process, may compel102-39
such an account or may revoke102-40
the letters, or both, and like action may be102-41
subsequent account102-42
required to file.102-43
Sec. 356. NRS 150.110 is hereby amended to read as follows:103-1
150.110 1.103-2
has been sold or there103-3
available for the payment of all debts due by the estate, and the estate103-4
is in a proper condition to be closed, the103-5
103-6
103-7
2. If103-8
file a final account , the same proceedings may be had as prescribed in this103-9
chapter in regard to the first account to be filed by103-10
representative, and all the provisions relative to the first account, and the103-11
notice and settlement thereof ,103-12
settlement.103-13
Sec. 357. NRS 150.120 is hereby amended to read as follows: 150.120103-15
103-16
any reason,103-17
account, at the instance of the person succeeding to the administration of103-18
the same estate, in like manner as103-19
have been by any interested person103-20
103-21
Sec. 358. NRS 150.130 is hereby amended to read as follows: 150.130 1. If103-23
representative dies or becomes103-24
accounts may be presented to the court by103-25
or guardian103-26
103-27
former personal representative. Upon petition of103-28
103-29
decedent or incapacitated personal representative, the court shall compel103-30
the personal representative or guardian103-31
103-32
.103-33
account as in other cases.103-34
2. In the absence of a personal representative or guardian of the103-35
103-36
incapacitated personal representative, the court may compel103-37
103-38
attorney to file an account of the administration103-39
103-40
information or records available103-41
the attorney need not be verified. A fee103-42
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 the104-2
104-3
diligence, he cannot be found , so that a citation cannot be personally104-4
served, and104-5
account within 20 days after the time fixed for that purpose,104-6
104-7
Sec. 360. NRS 150.150 is hereby amended to read as follows: 150.150 1.104-9
104-10
104-11
104-12
104-13
104-14
104-15
104-16
104-17
104-18
104-19
104-20
104-21
104-22
104-23
104-24
vouchers with the court to substantiate payments made in the104-25
administration of the estate, but shall retain possession of the vouchers104-26
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 good104-28
cause by an interested person, may order production for examination and104-29
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 be104-31
produced on settlement of an account, the payment may be proved by the104-32
oath of one competent witness. If it is proven that vouchers for any104-33
disbursements have been lost or destroyed, that it is impossible to obtain104-34
duplicates, and that the104-35
legal charges against the estate, the104-36
personal representative must be allowed104-37
104-38
104-39
104-40
104-41
104-42
104-43
105-1
105-2
105-3
105-4
Sec. 361. NRS 150.160 is hereby amended to read as follows: 150.160 1.105-6
105-7
thereof is filed, the clerk shall set the petition for hearing and the105-8
petitioner shall give notice for the period and in the manner required by105-9
NRS 155.010.105-10
2. If the account is for a final settlement and a petition for the final105-11
distribution of the estate is filed with the account, the notice of settlement105-12
must so state, and on the settlement of the account, distribution of the105-13
estate to those entitled thereto may be105-14
possible.105-15
Sec. 362. NRS 150.170 is hereby amended to read as follows: 150.170 1.105-17
may appear and file written105-18
contest105-19
2. Upon the hearing, the105-20
representative may be examined105-21
concerning the account and the property and effects of the decedent and105-22
the disposition thereof.105-23
3. All matters, including allowed claims, not105-24
addressed in the settlement of any former account , and not reduced to105-25
judgment, may be contested for cause shown.105-26
Sec. 363. NRS 150.180 is hereby amended to read as follows: 150.180 1. If105-28
legally appointed guardian, the court may appoint105-29
attorney to represent him who105-30
account as any other interested person105-31
2. The court may also appoint an attorney to represent unborn,105-32
incapacitated or absent heirs and devisees .105-33
3. All matters, including allowed claims not105-34
addressed in the settlement of any former account, or105-35
in entering an order of sale, may be contested by interested105-36
persons for cause shown.105-37
4.105-38
105-39
105-40
105-41
Sec. 364. NRS 150.190 is hereby amended to read as follows: 150.190 No account105-43
first proved that the notice required by this chapter has been given, and the106-1
order106-2
satisfaction of the court .106-3
of the fact.106-4
Sec. 365. NRS 150.200 is hereby amended to read as follows: 150.200106-6
allowance106-7
interested person ,106-8
appear to the court to be correct and according to law, the court106-9
shall allow and confirm the account.106-10
Sec. 366. NRS 150.210 is hereby amended to read as follows: 150.210106-12
it becomes final, is conclusive against all interested persons106-13
106-14
disability106-15
account, or to proceed by action against the106-16
personal representative or his sureties at any time before final distribution106-17
,106-18
correctness of the account.106-19
Sec. 367. NRS 150.220 is hereby amended to read as follows: 150.220 The debts and charges of the estate must be paid in the106-21
following order:106-22
1. Expenses of administration.106-23
2. Funeral expenses.106-24
106-25
106-26
4. Family allowance.106-27
106-28
106-29
of the payment of benefits for Medicaid.106-30
106-31
for work done or personal services rendered within 3 months before the106-32
death of the employer. If there is not sufficient money with which to pay106-33
all such labor claims in full, the money available must be distributed106-34
among the claimants in accordance with the amounts of their respective106-35
claims.106-36
106-37
mortgages in order of their date. The preference given to a mortgage106-38
106-39
proceeds of106-40
part remaining unsatisfied must be classed with other demands against the106-41
estate.106-42
106-43
Sec. 368. NRS 150.230 is hereby amended to read as follows:107-1
150.230 1. The107-2
shall, as soon as107-3
available, upon receipt of a sworn statement of the amount due and107-4
without any formal action upon creditors’ claims, pay the funeral expenses,107-5
the expenses of the last107-6
family of the107-7
human resources as a result of payment of benefits for Medicaid and wage107-8
claims to the extent of $600 of each employee of the decedent for work107-9
done or personal services rendered within 3 months before the death of the107-10
employer, but107-11
administration.107-12
2.107-13
debt or any107-14
3.107-15
order, pay any of the decedent’s debts amounting to $500 or less if:107-16
(a) Claims for payment thereof107-17
proceedings;107-18
(b) The debts are107-19
(c) The estate is solvent.107-20
In settling the account of the estate, the court shall allow any such payment107-21
if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise,107-22
the107-23
to any person sustaining loss or damage as a result of107-24
4. Funeral expenses and expenses of a last107-25
payable out of the estate of the107-26
be charged to the community share of a surviving spouse, whether or not107-27
the surviving spouse is financially able to pay107-28
whether or not the surviving spouse or any other person is also liable107-29
therefor.107-30
Sec. 369. NRS 150.235 is hereby amended to read as follows: 150.235107-32
by107-33
the107-34
or other property which107-35
estate, or in which107-36
107-37
distributed to the trustee or other person entitled thereto, belong to the107-38
estate and may be applied to payment of the debts, expenses and charges of107-39
the estate unless the will otherwise directs.107-40
Sec. 370. NRS 150.240 is hereby amended to read as follows: 150.240 1. Upon the settlement of any account of the107-42
107-43
claims has expired, the court shall order the payment of the debts as the108-1
circumstances of the estate permit. If there108-2
money to pay all of the debts, the order108-3
paid to each creditor.108-4
2. No creditor of any one class108-5
all those of a preferred class are fully paid ,108-6
insufficient to pay all debts of any one class, each creditor of that class108-7
must be paid a dividend in proportion to108-8
3. If the property of the estate is exhausted by the payment ordered,108-9
108-10
the108-11
to his discharge108-12
108-13
Sec. 371. NRS 150.250 is hereby amended to read as follows: 150.250 1. If there is108-15
disputed claims against the estate, the amount thereof, or such part of the108-16
108-17
established or absolute, must be paid108-18
remain, to be paid over to the holder when108-19
entitled thereto108-20
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 due108-22
appears and assents to a deduction therefrom of the legal interest for the108-23
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 made108-25
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: 150.260 1.108-28
court for the payment of creditors, the108-29
personal representative is personally liable to each creditor for the amount108-30
of his claim, or the dividends thereon, and execution may be issued upon108-31
108-32
creditor, and the same proceedings may be had under the execution as if it108-33
had been issued upon a judgment.108-34
2. The108-35
representative is also liable on his bond to each creditor.108-36
Sec. 373. NRS 150.270 is hereby amended to read as follows: 150.270108-38
personal representative have been settled and an order108-39
the payment of debts and distribution of the estate, no creditor whose claim108-40
was not included in the order for payment has any right to call upon the108-41
creditors who have been paid, nor upon the heirs108-42
or devisees to contribute to the payment of108-43
109-1
notice to creditors, as prescribed by law,109-2
on the bond of the109-3
amount for which109-4
Sec. 374. NRS 150.280 is hereby amended to read as follows: 150.280 1.109-6
estate have been paid, and the estate is in a condition to be closed, the court109-7
shall109-8
distribution of the estate among those entitled as provided in chapter 151109-9
of NRS.109-10
2. If the estate is not in a condition to be closed, the court shall109-11
109-12
the estate among those entitled at such time as it thereafter may be in a109-13
condition to be closed.109-14
Sec. 375. NRS 150.290 is hereby amended to read as follows: 150.290 NRS 150.290 to109-16
150.380, inclusive, may be cited as the Federal Estate Tax Apportionment109-17
Law.109-18
Sec. 376. NRS 150.300 is hereby amended to read as follows: 150.300109-20
NRS 150.290 to109-21
109-22
109-23
109-24
1. "Gross estate" or "estate" means all property included for federal109-25
estate tax purposes in determining the federal estate tax pursuant to the109-26
federal estate tax law.109-27
109-28
receives or is the beneficiary of any property transferred pursuant to a109-29
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: 150.310109-33
appropriate action or proceeding, that109-34
personal representative, trustee or other fiduciary has paid or may be109-35
required to pay an estate tax to the Federal Government under the109-36
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 gross109-38
estate of a decedent under the provisions of any such law, the amount of109-39
the tax109-40
the estate, whether residents or nonresidents of this state, to whom109-41
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 given110-2
for apportionment among the beneficiaries of taxes assessed upon the110-3
specific fund dealt with in110-4
Sec. 378. NRS 150.330 is hereby amended to read as follows: 150.330 1. The proration110-6
jurisdiction110-7
110-8
such person bears to the total value of the property, interest and benefits110-9
received by all such persons interested in the estate.110-10
2. In making a proration, allowances110-11
exemptions granted by the act imposing the tax and for any deductions110-12
allowed by110-13
estate.110-14
3. Any exemption or deduction allowed by reason of the relationship110-15
of any person to the decedent or by reason of the charitable purposes of the110-16
gift110-17
relationship or receiving110-18
an interest is subject to a prior present interest which is not allowable as a110-19
deduction, the estate tax apportionable against the present interest110-20
must be paid from principal.110-21
4.110-22
for gift taxes or taxes of a foreign country paid by the decedent or his110-23
estate110-24
to apportionment.110-25
5.110-26
the nature thereof in respect to property or interests includable in the gross110-27
estate110-28
chargeable with the payment of110-29
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 surviving110-31
spouse does not constitute an allowable deduction solely by reason of an110-32
inheritance tax or other death tax imposed upon and deductible from such110-33
property, it110-34
subsection 1 , and to that extent , no apportionment110-35
against110-36
7. The values used for federal estate tax purposes110-37
values used as the basis for apportionment.110-38
8.110-39
interest and penalties in the same manner as the principal of the estate tax110-40
by reason of special circumstances , it may direct apportionment of interest110-41
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 1.111-2
included in the gross estate does not come into the possession of the111-3
111-4
111-5
the persons interested in the estate, the proportionate amount of the tax111-6
payable by the persons interested in the estate with which111-7
persons interested in the estate are chargeable. The111-8
direct the payment of111-9
111-10
representative.111-11
2. The provisions of subsection 1111-12
to persons in possession of or interested in real or personal property111-13
located in or subject to administration in another state and required to be111-14
included in the gross estate of a resident of this state, unless111-15
other state refuses to enforce111-16
apportionment may be made in accordance with the law which would be111-17
applied by111-18
3.111-19
111-20
charged with the amount of reasonable expenses, including111-21
111-22
connection with the determination of the tax and the apportionment111-23
thereof.111-24
collected in like manner as the tax.111-25
Sec. 380. NRS 150.360 is hereby amended to read as follows: 150.360 1. The111-27
provided in NRS 150.290 to111-28
111-29
representative or other fiduciary to charge the determined amounts against111-30
the persons against whom the tax has been prorated insofar as111-31
personal representative or other fiduciary is in possession of property or111-32
interests of111-33
and summarily directing all other persons against whom the tax has been111-34
prorated or who are in possession of property or interests of111-35
persons to make payment of111-36
111-37
2.111-38
final.111-39
3. If the111-40
fiduciary holds property of a person liable to apportionment which is111-41
insufficient to satisfy the determined amount, the court may direct that the111-42
balance112-1
4. If it appears that the112-2
representative or other fiduciary cannot recover the amount apportioned112-3
against any person,112-4
charged in such manner as the court may determine.112-5
5. If an overpayment is made the court may direct appropriate112-6
reimbursement.112-7
Sec. 381. NRS 150.370 is hereby amended to read as follows: 150.370 The court shall retain jurisdiction until the purposes of NRS112-9
150.290 to113-1
Sec. 382. Chapter 151 of NRS is hereby amended by adding thereto113-2
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 the113-4
will, a personal representative may distribute property and money:113-5
(a) In divided or undivided interests; and113-6
(b) With or without proration.113-7
2. Each affected beneficiary must agree before any property or113-8
money is distributed without proration, unless the will authorizes a113-9
personal representative to distribute property and money without113-10
proration.113-11
Sec. 384. The property of a testator, except as otherwise provided in113-12
this Title, must be resorted to for the payment of devises in the following113-13
order:113-14
1. The property which is expressly appropriated by the will for the113-15
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 to113-21
persons not related to the testator.113-22
Sec. 386. If property given by will to persons other than the113-23
residuary devisees is sold for the payment of debts or expenses or family113-24
allowances, all the devisees shall contribute in proportion to their113-25
respective interests to the devisee whose devise has been sold, and the113-26
court, when distribution is made, shall settle the amount of the several113-27
liabilities and order the amount each person is liable to contribute to be113-28
withheld from that person’s distributive share for the purpose of the113-29
contribution.113-30
Sec. 387. NRS 151.005 is hereby amended to read as follows: 151.005113-32
113-33
the interests, shares or amounts to which they are entitled under the terms113-34
of the will of the decedent, or under the laws of intestacy, in any way that113-35
they provide in a written113-36
affected by its provisions. The personal representative shall abide by the113-37
terms of the113-38
the estate for the benefit of creditors, to pay all taxes and costs of113-39
administration, and to carry out the responsibilities of113-40
the benefit of any113-41
parties. Personal representatives of the estate of decedents are not required113-42
to113-43
person who is willing to accept the trust. Accordingly, trustees of a114-1
testamentary trust are114-2
section. This section does not relieve trustees of any duties owed to114-3
beneficiaries of trusts.114-4
114-5
114-6
114-7
114-8
114-9
114-10
114-11
114-12
Sec. 388. NRS 151.010 is hereby amended to read as follows: 151.010 1. At any time after the lapse of 3 months from the issuing114-14
of letters114-15
114-16
114-17
heir114-18
114-19
entitled thereto, upon114-20
security, for the payment of114-21
the estate.114-22
2. The court may dispense with a bond if it114-23
the114-24
Sec. 389. NRS 151.020 is hereby amended to read as follows: 151.020114-26
114-27
114-28
114-29
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: 151.030 The114-33
114-34
114-35
114-36
person, may object to the petition, or an heir or devisee may submit a114-37
similar petition.114-38
Sec. 391. NRS 151.040 is hereby amended to read as follows: 151.040 1. Subject to the provisions of114-40
114-41
114-42
parties petitioning may be allowed114-43
estate, the court shall115-1
115-2
petitioners.115-3
2. The115-4
personal representative to deliver to the petitioner or petitioners the whole115-5
portion of the estate to which115-6
part115-7
115-8
115-9
115-10
there is sufficient property remaining in the estate to satisfy the debts or115-11
if there is filed with the court an assumption of liability for a contingent115-12
or disputed debt as provided in subsection 3. The court may impose any115-13
other conditions it determines are just, including a requirement that a115-14
distributee give a security interest in all or part of the property distributed115-15
or give bond in an amount determined by the court. The bond115-16
115-17
representative and conditioned for the payment by the115-18
115-19
debts of the estate.115-20
115-21
115-22
3. As a condition of an order under subsection 2, if directed by the115-23
court, each heir or devisee shall file with the court a signed and115-24
acknowledged agreement assuming personal liability for the contingent115-25
or disputed debt and consenting to jurisdiction in this state for the115-26
enforcement of the debt if it becomes absolute or established. The115-27
personal liability of each heir or devisee does not exceed the fair market115-28
value on the date of distribution of the property distributed less the115-29
amount of any liens or encumbrances. If there is more than one heir or115-30
devisee, their personal liability is joint and several.115-31
Sec. 392. NRS 151.050 is hereby amended to read as follows: 151.050 1.115-33
executed and delivered as prescribed in NRS 151.040, and the115-34
115-35
necessary for the settlement of the estate to require the payment of any part115-36
of the money thereby secured, he shall petition the court for an order115-37
requiring the payment and cause a citation to be issued and served upon115-38
the115-39
a time and place, not more than 10 days after the date of the citation, to be115-40
stated therein, to appear and show cause why the order115-41
be made.116-1
2.116-2
116-3
designating the amount and giving a time in which it shall be paid.116-4
3. If the money116-5
be maintained by the116-6
on the bond116-7
4. Similar proceedings may be116-8
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: 151.060 If, in the execution of the116-11
partition is necessary between two or more of the parties, it116-12
made in the manner prescribed in chapter 152 of NRS.116-13
Sec. 394. NRS 151.070 is hereby amended to read as follows: 151.070 The costs of proceedings for a partial distribution116-15
be paid by the116-16
116-17
Sec. 395. NRS 151.080 is hereby amended to read as follows: 151.080 1.116-19
representative files his final account116-20
requesting the allowance and confirmation thereof, he may also include in116-21
the petition a116-22
settlement and allowance of the final account, the court may also116-23
order a distribution of the residue of the estate, if any, among the persons116-24
who are by law entitled116-25
2. If a final account116-26
order of distribution, the116-27
116-28
grantee of116-29
thereafter, may petition the court for116-30
estate.116-31
Sec. 396. NRS 151.090 is hereby amended to read as follows: 151.090 1. When a petition for final distribution is filed, the clerk116-33
shall set the petition for hearing and the petitioner shall give notice116-34
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 it116-37
proper.116-38
Sec. 397. NRS 151.110 is hereby amended to read as follows: 151.110 1.116-40
116-41
an order for the distribution of the estate116-42
117-1
unnecessary delay, distribute the estate remaining117-2
undistributed as directed by the117-3
2. In the117-4
proportion or parts to which each117-5
117-6
respective share from the117-7
representative or any other person having117-8
3. The117-9
within 10 days after the entry of117-10
conveying any real property, record a certified copy of the order with the117-11
county recorder of the county in which the117-12
117-13
property, or any portion of it, is located.117-14
Sec. 398. NRS 151.120 is hereby amended to read as follows: 151.120 No gift or grant shall be deemed to have been made as an117-16
advancement unless:117-17
1. So expressed in the gift or grant;117-18
2. Charged in writing by the117-19
or117-20
3. Acknowledged in writing by the donee to be such.117-21
Sec. 399. NRS 151.130 is hereby amended to read as follows: 151.130 1. Any property117-23
given by a decedent during the117-24
decedent as an advancement to117-25
considered as part of the estate117-26
computing the respective shares of the distributees and117-27
taken by117-28
117-29
2. If the amount of the advancement117-30
of the heir or devisee so advanced, the heir117-31
excluded from any further portion in the distribution and division of the117-32
estate, but he117-33
advancement. If the amount so received117-34
share, he117-35
117-36
Sec. 400. NRS 151.140 is hereby amended to read as follows: 151.140 If the value of the advancement117-38
conveyance, or in the charge thereof made by the117-39
in the acknowledgment of the117-40
117-41
the estate .117-42
according to its value when given, as nearly as117-43
ascertained.118-1
Sec. 401. NRS 151.150 is hereby amended to read as follows: 151.150 If118-3
118-4
the advancement118-5
distribution and division of the estate as if the advancement had been made118-6
directly to118-7
Sec. 402. NRS 151.160 is hereby amended to read as follows: 151.160 All questions as to advancements made, or alleged to have118-9
been made, by118-10
be heard and determined by the court, and118-11
118-12
commissioners118-13
order of the court118-14
118-15
party to appeal from a final118-16
order.118-17
Sec. 403. NRS 151.170 is hereby amended to read as follows: 151.170118-19
cannot be found or who refuses to accept the118-20
proper voucher therefor, or to a minor or118-21
person who has no legal guardian to receive the118-22
person authorized to receipt therefor, and the118-23
thereof consists of money, the118-24
representative may deposit the money, in the name of the assignee or118-25
distributee, with the county treasurer of the county in which the118-26
proceedings are pending .118-27
for the118-28
the county treasurer therefor. The receipt118-29
received by the court118-30
118-31
and effect as if executed by118-32
Sec. 404. NRS 151.180 is hereby amended to read as follows: 151.180 If118-34
118-35
of his estate legally appointed under the laws of118-36
jurisdiction, the distribution of118-37
may be made to118-38
therefor, together with a certificate of118-39
seal of the court by the clerk of the court appointing118-40
when filed with the clerk of the court in which118-41
distribution was ordered,118-42
court118-43
the119-1
Sec. 405. NRS 151.190 is hereby amended to read as follows: 151.190 1.119-3
119-4
unclaimed for 1 year, or119-5
a proper receipt for the property, or is a minor or119-6
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 if119-8
the119-9
discharge and it appears to the court that no injury will result to those119-10
interested, the court shall order the property to be sold.119-11
2. The proceeds, after deducting such expenses of sale as may be119-12
allowed by the court, must be paid into the119-13
depositor must take from the treasurer119-14
119-15
be filed with the court.119-16
Sec. 406. NRS 151.210 is hereby amended to read as follows: 151.210119-18
into the state treasury, the court making the distribution119-19
inquire into119-20
119-21
119-22
119-23
Sec. 407. NRS 151.220 is hereby amended to read as follows: 151.220119-25
for life only, the life tenant must sign and deliver to the remainderman119-26
or, if there119-27
property,119-28
life tenant’s custody for life only, and that, on119-29
be delivered to the remainderman.119-30
Sec. 408. NRS 151.230 is hereby amended to read as follows: 151.230 1.119-32
it is shown by the119-33
the production of satisfactory119-34
sums of money due119-35
and all the property of the estate has been distributed to the persons119-36
entitled119-37
have been performed, the court shall119-38
119-39
incurred.119-40
2. The court may excuse the filing of a receipt on a proper showing119-41
that the personal representative is unable, after reasonable effort, to119-42
obtain a receipt and that the property has been delivered to or is in the119-43
possession of the distributee or creditor.120-1
3. The provisions of this section do not bar a successful appellant from120-2
120-3
any property distributed to an120-4
pursuant to the120-5
Sec. 409. NRS 151.240 is hereby amended to read as follows: 151.240 1. Except as otherwise provided in subsection 2, the final120-7
settlement of an estate does not prevent:120-8
(a) The reopening of the estate for the purpose of administering other120-9
property which has been discovered or for correcting errors made in the120-10
description of the property administered.120-11
(b) The subsequent issuance of letters120-12
120-13
letters should again be issued.120-14
2. In the absence of fraud, an estate must not be reopened based upon120-15
the discovery of:120-16
(a) A will, if the estate was administered as if the decedent had died120-17
intestate; or120-18
(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: 151.250120-21
person120-22
the grounds provided in NRS 151.240. The petition must set forth the120-23
names of all heirs, devisees120-24
known. If the address is unknown to the petitioner, he shall state that fact120-25
in the petition.120-26
120-27
petition for hearing and the petitioner shall give notice for the period and120-28
in the manner required by NRS 155.010.120-29
Sec. 411. NRS 151.260 is hereby amended to read as follows: 151.260 Upon hearing the petition, if good cause is shown, the court120-31
may:120-32
1. Reopen the estate.120-33
2. Order the administration of other property which has been120-34
discovered.120-35
3.120-36
description of the estate previously administered.120-37
120-38
after the reopening of an estate except as necessary to administer other120-39
property which has been discovered or to correct errors made in the120-40
description of the estate previously administered. Any orders120-41
of the court made necessary by the reopening of the estate must be120-42
designated as supplemental orders .121-1
Sec. 412. NRS 152.010 is hereby amended to read as follows: 152.010121-3
devisees are entitled to the distribution of undivided interests in any121-4
121-5
themselves, before distribution, to a partition, allotment or other division121-6
thereof, any one or more of them or the121-7
personal representative, at the request of any one or more of them, may121-8
petition the court to make such partition, allotment or division of the121-9
property as will be equitable and will avoid the distribution of undivided121-10
interests.121-11
Sec. 413. NRS 152.020 is hereby amended to read as follows: 152.020 Partition may be made as provided in this chapter, although121-13
some of the original heirs121-14
assigned or conveyed their share to other persons, and121-15
those shares must be partitioned to the person holding121-16
the same manner as they would have been to the heirs121-17
121-18
Sec. 414. NRS 152.030 is hereby amended to read as follows: 152.030 1.121-20
partition may file a petition stating the necessary facts, particularly121-21
describing the property to be partitioned and the person or persons121-22
interested in the property.121-23
2. Upon filing the petition, a citation121-24
interested121-25
121-26
121-27
should not be made as121-28
3. The citation121-29
121-30
121-31
121-32
4. The citation must be served121-33
155.050 at least 10 days before the hearing121-34
121-35
121-36
5. Upon proof121-37
been properly served ,121-38
the petition and the allegation and proofs of the respective parties, and121-39
121-40
Sec. 415. NRS 152.040 is hereby amended to read as follows: 152.040 Before any partition121-42
chapter, guardians121-43
unborn or incapacitated persons interested in the estate to be divided, and122-1
an attorney122-2
other persons interested.122-3
Sec. 416. NRS 152.050 is hereby amended to read as follows: 152.050 1.122-5
personal property, the court122-6
disinterested persons as commissioners for that purpose, who shall be122-7
sworn by any person authorized to administer oaths to faithfully and122-8
impartially discharge their duties.122-9
2. A certified copy of the order appointing them, attached to a certified122-10
copy of the122-11
are entitled must be given to them as their warrant, and their oath must be122-12
endorsed thereon.122-13
3.122-14
and partly personal, one of the three commissioners must be a122-15
licensed professional land surveyor.122-16
4. Upon consent of the parties, and122-17
proper and just, the court may appoint one commissioner only, who has the122-18
same authority and is governed by the same rules as if three were122-19
appointed.122-20
Sec. 417. NRS 152.060 is hereby amended to read as follows: 152.060 If the real property to be partitioned122-22
counties, the court ,122-23
commissioners for each county, and, in122-24
each county122-25
estate to be partitioned ,122-26
unless otherwise directed by the court, make division of the real property122-27
wherever situated in this state.122-28
Sec. 418. NRS 152.070 is hereby amended to read as follows: 152.070 The commissioners shall notify all persons interested in the122-30
partition, their guardians, agents or attorneys, of the time when they will122-31
proceed to make partition,122-32
122-33
appointment, may fix the time.122-34
Sec. 419. NRS 152.090 is hereby amended to read as follows: 152.090 The several shares in the real and personal property122-36
must be set out to each individual in proportion to his122-37
the real property by metes, bounds or such description that the122-38
property can be easily distinguished. If two or more of the parties request122-39
to have their shares set out so as to be held in common and undivided,122-40
122-41
Sec. 420. NRS 152.100 is hereby amended to read as follows: 152.100122-43
value than123-1
be divided without injury to the123-2
commissioners to any one of the parties123-3
secure to be paid, to one or more of the others interested, such sum or sums123-4
as the commissioners123-5
commissioners shall make their award accordingly123-6
123-7
so awarded123-8
secured to their satisfaction.123-9
Sec. 421. NRS 152.110 is hereby amended to read as follows: 152.110 1.123-11
or any part of the property123-12
the commissioners to be sold, and if the report123-13
may order a sale by the123-14
or by a commissioner appointed for that purpose, and distribute the123-15
proceeds.123-16
2. The sale123-17
the same manner and under the same rules as in ordinary cases of sales of123-18
123-19
personal property, as the case may be, by a personal representative under123-20
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 heirs123-23
123-24
123-25
the commissioners shall first divide and sever the property of the123-26
123-27
such division, so made and established by the court,123-28
upon all the interested persons .123-29
2. The court may authorize the123-30
representative to bring123-31
necessary.123-32
Sec. 423. NRS 152.140 is hereby amended to read as follows: 152.140 1. The commissioners, within a reasonable time123-34
123-35
123-36
shall file their report of partition.123-37
2. Within 15 days after the report is filed any123-38
person may file123-39
specifying the grounds of objection. A copy of the123-40
objection must be served upon the commissioners and all parties interested123-41
in the partition, their guardians, agents or attorneys ,123-42
notice to123-43
124-1
filing of the124-2
and for a new partition.124-3
3. At the time specified, or at such other time as the court may124-4
set, the court shall proceed to hear the objection to the report ,124-5
124-6
reasons, the court may set aside the report and recommit the partition to the124-7
same commissioners, or appoint others, or may modify or confirm the124-8
report.124-9
4. If no124-10
time124-11
124-12
and all the proceedings regular, the court shall124-13
confirming the report .124-14
124-15
124-16
respective parties to one another, or may124-17
appoint a commissioner to make124-18
which, when acknowledged and recorded,124-19
sufficient to convey title.124-20
Sec. 424. NRS 152.150 is hereby amended to read as follows: 152.150124-22
without prejudice or inconvenience to the owners, the court may assign the124-23
whole to one or more of the parties entitled to shares therein, who will124-24
accept and pay to the other parties interested their just proportion of the124-25
true value thereof, or secure the same to their satisfaction124-26
the minority or incapacity of124-27
satisfaction of the guardian of124-28
person. The true value of the property124-29
reported by the commissioners or appraisers appointed specially for that124-30
purpose.124-31
Sec. 425. NRS 152.160 is hereby amended to read as follows: 152.160 The expenses of partition124-33
apportioned by the court among the parties, but each party must pay his124-34
own attorney’s fees124-35
cause.124-36
Sec. 426. NRS 152.170 is hereby amended to read as follows: 152.170 The allotment made by the court124-38
proceedings for distribution, unless modified for good cause upon124-39
reasonable notice, and the proceedings leading to124-40
be reviewed upon appeal from the124-41
Sec. 427. Chapter 153 of NRS is hereby amended by adding thereto124-42
the provisions set forth as sections 428 and 429 of this act.125-1
Sec. 428. 1. A trustee or beneficiary may petition the court125-2
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, right125-6
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 to125-9
pass or be delivered upon final or partial termination of the trust, to the125-10
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 or125-15
account, to the beneficiary;125-16
(i) Granting powers to the trustee;125-17
(j) Fixing or allowing payment of the trustee’s compensation, or125-18
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 the125-23
trust;125-24
(o) Approving or directing the combination or division of trusts; and125-25
(p) Amending or conforming the trust instrument in the manner125-26
required to qualify the estate of a decedent for the charitable estate tax125-27
deduction under federal law, including the addition of mandatory125-28
requirements for a charitable-remainder trust.125-29
2. A petition under this section must state the grounds of the petition125-30
and the name and address of each interested person, including the125-31
attorney general if the petition relates to a charitable trust, and the relief125-32
sought by the petition. Except as otherwise provided in this chapter, the125-33
clerk shall set the petition for hearing and the petitioner shall give notice125-34
for the period and in the manner provided in NRS 155.010. The court125-35
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 the125-37
guardian of a beneficiary, be ordered to appear at a hearing and render125-38
an account. The trustee must be served with a citation in the manner125-39
provided in NRS 155.050. Unless otherwise ordered by the court, the125-40
citation must be served at least 30 days before the day of the hearing. The125-41
petition may not be denied unless an account has been filed with the125-42
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 of126-2
this chapter govern fiduciaries acting under trusts, wills and court orders in126-3
estate proceedings, whether the126-4
or proceedings are now pending .126-5
Sec. 431. NRS 153.020 is hereby amended to read as follows: 153.020126-7
126-8
126-9
but, except as otherwise provided in126-10
retains jurisdiction of it126-11
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 the126-14
distribution.126-15
126-16
126-17
126-18
126-19
126-20
126-21
126-22
126-23
126-24
126-25
126-26
126-27
126-28
126-29
126-30
126-31
126-32
126-33
126-34
Sec. 432. NRS 153.050 is hereby amended to read as follows: 153.050 1.126-36
instrument creating a life estate126-37
required to account for126-38
estate, then the provisions of this chapter concerning accounting by a126-39
trustee126-40
death, to126-41
2.126-42
upon the tenant, nevertheless such of the provisions of this chapter as apply126-43
to accounting by127-1
trustee apply to the127-2
representatives of the tenant, to the extent of determining the residue of the127-3
estate.127-4
Sec. 433. NRS 153.060 is hereby amended to read as follows: 153.060127-6
residue of the trust estate, estate for life127-7
entitled thereto127-8
hearing and the petitioner shall give notice of the hearing127-9
127-10
NRS127-11
Sec. 434. NRS 153.080 is hereby amended to read as follows: 153.080127-13
this chapter, when it becomes final,127-14
interested persons ,127-15
being.127-16
Sec. 435. NRS 153.090 is hereby amended to read as follows: 153.090 1.127-18
may, at any time before distribution of any of the estate to him, decline to127-19
act as trustee, and an order of court127-20
entered accepting the resignation ,127-21
who has qualified as trustee127-22
127-23
127-24
127-25
petition to accept the declination is filed in the proceeding for127-26
administration of the estate. Upon the filing of the petition, the clerk127-27
shall set it for hearing and the petitioner shall give notice to all interested127-28
persons for the period and in the manner provided in NRS 155.010.127-29
2. In accepting a declination , the court may127-30
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: 153.100 1. The court in which the administration is pending127-33
127-34
127-35
vacancy in the office of trustee under the will, whether resulting from127-36
death, declination, resignation, removal or otherwise, if the appointment is127-37
necessary to carry out the trust. A person who is named in the will to fill127-38
the vacancy has priority for appointment.127-39
2. The appointment may be made by the court upon the127-40
127-41
127-42
127-43
petition of an interested person. Upon the filing of the petition, the clerk128-1
shall set it for hearing and the petitioner shall give notice to all interested128-2
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 if128-4
necessary to preserve the trust estate.128-5
Sec. 437. NRS 153.120 is hereby amended to read as follows: 153.120 The court may128-7
person appointed128-8
acting as a trustee, to give a bond as is required of a128-9
128-10
128-11
Sec. 438. Chapter 154 of NRS is hereby amended by adding thereto a128-12
new section to read as follows:128-13
If a personal representative, on order of the court, pays over or delivers128-14
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 or128-16
delivery must be filed with the clerk of the district court in the county in128-17
which the estate is being administered or is located. Upon the filing of the128-18
receipt or certificate, the personal representative is released from all128-19
further liability relating to the property.128-20
Sec. 439. NRS 154.010 is hereby amended to read as follows: 154.010128-22
vested in the State of Nevada for educational purposes if any person dies or128-23
has died, within this state, seised of any real or personal estate, and leaving128-24
no heirs, representatives128-25
inheriting or holding the128-26
owner of128-27
remaining in a retired employee’s or beneficiary’s individual account128-28
under the public employees’ retirement system is not an estate within the128-29
meaning of this chapter.128-30
Sec. 440. NRS 154.020 is hereby amended to read as follows: 154.020 1.128-32
128-33
128-34
specified in NRS 154.010, or that any such128-35
other reason, become escheatable,128-36
information128-37
where128-38
2. The information128-39
(a) A description of the128-40
(b) The name of the person last lawfully seised.128-41
(c) The name of the128-42
claiming the129-1
(d) The facts and circumstances129-2
129-3
escheatment.129-4
3. The information129-5
State of Nevada has by law right to129-6
Sec. 441. NRS 154.030 is hereby amended to read as follows: 154.030 1. Upon the filing of the information, the court shall order129-8
that a citation be issued to the person or persons129-9
129-10
property, requiring them to appear and show cause why the129-11
property should not vest in the State of Nevada.129-12
the court otherwise orders, the citation must be made returnable129-13
129-14
service.129-15
2. The court may also, if deemed advisable, order the citation to be129-16
published in a newspaper published in the county129-17
administration is pending, if any ,129-18
in this state.129-19
Sec. 442. NRS 154.040 is hereby amended to read as follows: 154.040 1. After the filing of an information as provided in NRS129-21
154.020, and upon129-22
or after answer, upon notice to the person or persons holding, possessing129-23
or claiming the129-24
sufficient cause therefor being shown, appoint a receiver to take charge of129-25
the real estate or personal property, other than money, mentioned in the129-26
information, and receive the rents and profits of the129-27
the title of the property129-28
2. The receiver shall, before entering upon his duties, execute a bond129-29
to the State of Nevada in a sum to be fixed by the court, with sureties to be129-30
approved by the129-31
of the trust and to account fully to the person finally129-32
determined to be entitled to the property.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: 154.060 1. All persons129-36
the information129-37
and plead to the proceedings, and may traverse or deny the facts stated in129-38
the information129-39
129-40
2. Any other person claiming an interest in the129-41
appear and be made a defendant, and plead as stated in subsection 1 by129-42
129-43
time allowed for pleading.130-1
3. If any person130-2
in subsections 1 and 2, denying the title130-3
130-4
or issues of fact to be made up, the matter130-5
civil actions on issues of fact.130-6
4. A survey may be ordered, as in other civil actions,130-7
boundary is called into question.130-8
Sec. 444. NRS 154.080 is hereby amended to read as follows: 154.080 1. Upon any judgment130-10
of competent jurisdiction, escheating real property to the state, on130-11
petition of the attorney general, or on130-12
130-13
estate, the court shall, or the court may upon its own motion,130-14
an order that the real property be sold by the sheriff of the county where130-15
the property is situated, at public sale, after giving notice of the time and130-16
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,130-18
report thereof to the court. Upon the hearing of the report , the court may130-19
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 it130-21
appears that a sum exceeding the bid by at least130-22
obtained, the court may vacate the sale and direct another sale to be130-23
conducted in all respects as if no previous sale had taken place.130-24
3. If an offer of130-25
report is made to the court in writing by a responsible person, the court130-26
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 fairly130-28
conducted, and that the sum bid is not disproportionate to the value of the130-29
property sold, and that a sum in excess of130-30
than the bid cannot be obtained, or130-31
the court, the court shall130-32
directing the sheriff, in the name of the state, to execute to the purchaser a130-33
conveyance of the property sold. The conveyance vests in the purchaser all130-34
130-35
5. The sheriff shall, out of the proceeds of the sale, pay the costs of the130-36
proceedings incurred on behalf of the state, including the expenses of130-37
making the sale, and also an attorney’s fee, if additional counsel was130-38
employed in the proceedings, to be fixed by the court .130-39
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: 154.105 1. The state treasurer may sell at a public sale130-43
property in131-1
the state. The state treasurer shall cause public notice of the sale to be131-2
given. Any money received from the sale must be deposited in the state131-3
treasury for credit to the fund for escheated estates.131-4
2. The131-5
representative of an estate shall sell any131-6
transmit the proceeds of the sale to the state treasurer for credit to the fund131-7
for escheated estates unless the state treasurer authorizes transmittal of the131-8
property.131-9
Sec. 446. NRS 154.120 is hereby amended to read as follows: 154.120 1. If, within 6 years after any judgment escheating property131-11
to the state, any person claims any money or131-12
property vested in the state by the judgment, the person may file a petition131-13
in the district court of Carson City, stating the nature of the claim, with an131-14
appropriate131-15
2. A copy of the petition must be served upon the attorney general131-16
before or at the time of filing. Within 20 days after service, the attorney131-17
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 state131-19
has no legal defense against the petition,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 day131-22
after its filing, and may be heard by the court on that day, or at such future131-23
day as the court may order.131-24
4. Upon the hearing, the court shall examine the claim and hear the131-25
allegations and evidence. If the court finds that the person is entitled to any131-26
money , it shall, by judgment, order the state controller to draw his warrant131-27
in favor of the claimant upon the state treasurer for the sum specified in the131-28
order, but without interest, income or cost of any kind to the state. A131-29
certified copy of the judgment and order directing the state controller to131-30
draw131-31
5. If any131-32
court finds the claimant entitled to it, the court shall131-33
order accordingly. The131-34
to the property, but no interest, income or other cost of any kind may be131-35
taxed against the state.131-36
6. If any131-37
chapter after the judgment of131-38
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 the131-40
131-41
7. All persons, except131-42
and incapacitated persons who fail to appear and file their petitions within131-43
the time limited in subsection 1, are barred forever.132-1
132-2
appear and file their petitions at any time within 5 years after their132-3
respective disabilities are removed.132-4
Sec. 447. NRS 154.150 is hereby amended to read as follows: 154.150 1. A person desiring to acquire title to any individual item132-6
or132-7
proceed by132-8
conservation and natural resources on forms obtainable at his office and in132-9
the manner described in NRS 154.150 to 154.180, inclusive.132-10
2.132-11
outside of approved townsites132-12
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 , that132-14
portion of the subdivision132-15
132-16
department of conservation and natural resources, it is found that the132-17
remaining portion could be disposed of within a reasonable length of time,132-18
and would not become an isolated tract. He132-19
application for a portion of the tract,132-20
is made and a plat submitted on tracing cloth132-21
32 inches, on which132-22
description of the property132-23
corner of the property tied to a point on the United States public land132-24
surveys.132-25
Sec. 448. NRS 154.160 is hereby amended to read as follows: 154.160 The132-27
1. The purchase price in the amount of the132-28
offer for the real132-29
2. A sufficient sum to cover the cost of advertising.132-30
3.132-31
Sec. 449. NRS 154.170 is hereby amended to read as follows: 154.170 1. The director of the state department of conservation and132-33
natural resources shall issue a receipt to the132-34
amount deposited in his trust and shall without any unnecessary delay132-35
cause notice of the132-36
manner:132-37
(a) By posting one of the notices in a conspicuous place in the office of132-38
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 the132-41
132-42
for 4 consecutive weeks prior to the date of sale.132-43
2. The notice133-1
(a) The name of the deceased owner in which was vested the title before133-2
death, if known.133-3
(b) A description of the property as contained in the133-4
petition.133-5
(c) The amount of the offer contained in the133-6
(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 be133-8
handled in legal tender of the United States or a certified check.133-9
3. The director of the state department of conservation and natural133-10
resources133-11
Sec. 450. NRS 154.180 is hereby amended to read as follows: 154.180 The person to whom the title passes133-13
cost of advertising and the application fee. When the title passes to a133-14
person other than the person who made the133-15
original133-16
deposited by him.133-17
Sec. 451. Chapter 155 of NRS is hereby amended by adding thereto133-18
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 other133-20
paper may be filed, a true and correct facsimile of it may be filed, if the133-21
original is filed within a reasonable time.133-22
Sec. 453. In accordance with the provisions of NRS 33.010 and the133-23
Nevada Rules of Civil Procedure, and upon such terms and conditions as133-24
the court deems just and appropriate, the court may issue a temporary133-25
restraining order or an injunction to preserve and protect assets of the133-26
estate or trust.133-27
Sec. 454. Unless otherwise ordered by the court, an appeal pursuant133-28
to NRS 155.190 does not stay any order or proceeding in the estate or133-29
trust. The court may grant a stay, pending the appeal, of an order from133-30
which the appeal was taken, upon such bond, undertaking or conditions133-31
as it deems just or appropriate.133-32
Sec. 455. 1. If through inadvertence or mistake an order entered133-33
fails to state correctly the order made by the court, and the inadvertence133-34
or mistake is brought to the attention of the court by petition or the court133-35
acts on its own motion, the court may enter an order nunc pro tunc133-36
correcting the previous order.133-37
2. The order nunc pro tunc must be in the form of an amended order133-38
and bear the caption "Amended Order of ....." The body of the amended133-39
order must be identical to the order being corrected, except for the133-40
correction, and conclude with language substantially as follows: "This is133-41
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 may133-43
cause to be filed a document captioned "Amendment to Order of ...."134-1
which addresses only the correction, together with sufficient language to134-2
identify the correction, and concludes with the same language as an134-3
amended order. Such an amendment to an order must be accompanied134-4
by a verified petition, or an affidavit of counsel, specifying the reasons134-5
for the correction.134-6
4. The original order may not be physically changed, but must be134-7
used in conjunction with the order nunc pro tunc correcting it. In134-8
making corrections in the amendment document a complete clause or134-9
sentence must be stricken and replaced, even if the only change is to134-10
correct a single word or figure.134-11
Sec. 456. NRS 155.010 is hereby amended to read as follows: 155.010 1. Except as otherwise provided in a specific statute relating134-13
to the kind of notice required or otherwise ordered by the court in a134-14
particular instance, a petitioner shall cause notice of the time and place of134-15
the hearing of a petition to be given to134-16
every other person entitled to notice pursuant to this Title or his attorney if134-17
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 the134-20
hearing by certified, registered or ordinary first-class mail addressed to the134-21
person being notified at the post office address given in his demand for134-22
notice, if any, or at his office or place of residence, if known, or by134-23
personally delivering a copy thereof to the person being notified at least 10134-24
days before the time set for the hearing; or134-25
(b) If the address or identity of the person is not known and cannot be134-26
ascertained with reasonable diligence, by publishing at least once a week134-27
for 3 consecutive weeks a copy thereof in a newspaper having general134-28
circulation in the county where the hearing is to be held, the last134-29
publication of which must be at least 10 days before the date set for the134-30
hearing.134-31
2. The court, for good cause shown, may provide for a different134-32
method or time of giving notice for any hearing134-33
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 hearing134-35
and filed in the proceeding.134-36
4. A person entitled to notice may, in writing, waive notice of the134-37
hearing of a petition.134-38
Sec. 457. NRS 155.020 is hereby amended to read as follows: 155.020 1. Notice of a petition for the probate of a will and the134-40
issuance of letters134-41
notice to creditors must be given to:134-42
(a) The persons respectively entitled thereto, including the state welfare134-43
administrator, as provided in NRS 155.010; and135-1
(b) The public, including creditors whose names and addresses are not135-2
readily ascertainable, by publication on three dates of publication before135-3
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 a135-7
newspaper135-8
pending, but if there is not such a newspaper, then in one having general135-9
circulation in that county.135-10
3. The notice of the hearing upon the petition to administer the estate135-11
must be in substantially the following form:135-12
NOTICE OF THE HEARING UPON THE PETITION TO135-13
ADMINISTER THE ESTATE135-14
Notice is hereby given that ................................ has filed in this court a135-15
petition for the probate of a will and for letters testamentary, or for letters135-16
of administration, of the estate of ................................, deceased, and a135-17
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 persons135-19
interested in the estate are notified to appear and show cause why the135-20
petition should not be granted.135-21
Dated135-22
4. As soon as practicable after appointment,135-23
135-24
notice to creditors, mail a copy of the notice to those creditors whose135-25
names and addresses are readily ascertainable as of the date of first135-26
publication of the notice and who have not already filed a claim. The135-27
notice must be in substantially the following form:135-28
NOTICE TO CREDITORS135-29
Notice is hereby given that the undersigned has been appointed and135-30
qualified by the (giving the title of the court and the date of appointment)135-31
as135-32
of the estate of ................................, deceased. All creditors having claims135-33
against the estate are required to file the claims with the clerk of the court135-34
within .......... (60 or 90) days after the mailing or the first publication (as135-35
the case may be) of this notice.135-36
Dated135-37
5. If before the last day for the filing of a creditor’s claim under NRS135-38
145.060, the personal representative discovers the existence of a creditor136-1
who was not readily ascertainable at the time of first publication of the136-2
notice to creditors, the personal representative shall immediately mail a136-3
copy of the notice to the creditor.136-4
Sec. 458. NRS 155.030 is hereby amended to read as follows: 155.030 1. At any time after the issuance of letters136-6
136-7
136-8
136-9
the136-10
136-11
clerk of the court wherein administration of the estate is pending, a written136-12
request stating that he desires special notice of any136-13
136-14
estate .136-15
136-16
136-17
136-18
136-19
136-20
2. The request must state the post office address of the136-21
requester or his attorney, and thereafter a brief notice of the filing of any136-22
136-23
be addressed to that person or his attorney, at his stated136-24
mailing address, and deposited with the United States Postal Service with136-25
the postage thereon prepaid, within 2 days after136-26
136-27
notice may be made on the person or his attorney within the 2 days, and136-28
the personal service is equivalent to deposit in the post office, and proof of136-29
mailing or of personal service must be filed with the clerk before the136-30
hearing of the136-31
3. If, upon the hearing, it appears to the satisfaction of the court that136-32
the notice has been regularly given, the court shall so find in its order136-33
136-34
persons.136-35
4. An interested person in a testamentary trust or its property, or the136-36
attorney for that person, may serve upon the trustee or his attorney, and136-37
file with the clerk of the court wherein administration of the trust is136-38
pending, a written request stating that he desires notice of the filing of136-39
accounts and petitions in connection with the trust. The provisions of136-40
subsections 2 and 3 apply to such a request.136-41
5. On the filing of an inventory or a supplementary inventory, the136-42
personal representative shall mail a copy to each person who has136-43
requested special notice.137-1
Sec. 459. NRS 155.040 is hereby amended to read as follows: 155.040137-3
given to any person in the matter of an estate137-4
no other mode of giving notice is prescribed, it137-5
citation137-6
and directed to the person to be served, and137-7
the person to appear before the court137-8
time and place to be named in the citation. The nature or character of the137-9
proceedings137-10
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: 155.060137-13
137-14
the hearing, but the court may, for good cause shown, shorten the time to137-15
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: 155.070137-18
publication must be made daily, or otherwise, as often during the137-19
prescribed period as the newspaper is regularly issued, unless otherwise137-20
provided in this Title. The court ,137-21
137-22
court137-23
times prescribed in this Title.137-24
Sec. 462. NRS 155.080 is hereby amended to read as follows: 155.080 All proofs of publication or other mode or modes of giving137-26
notice or serving papers may be made by the certificate or affidavit of any137-27
person competent to be a witness .137-28
must be filed, and constitutes prima facie evidence of publication or137-29
service .137-30
137-31
Sec. 463. NRS 155.090 is hereby amended to read as follows: 155.090 All notices required to be given by this Title may be given by137-33
the clerk of the court without an order from the137-34
and, when so given, for the time and in the manner required by law, they137-35
137-36
137-37
the citation may be issued by the clerk of the court on the request of a137-38
party or his attorney, without a court order, unless an order is expressly137-39
required by the statute.137-40
Sec. 464. NRS 155.110 is hereby amended to read as follows: 155.110 1. A transcript from the minutes of court, or a copy of the137-42
signed order of the court, showing the appointment of any person as137-43
138-1
certificate of the clerk138-2
that the person has given bond , if required, and has been qualified, and138-3
that letters138-4
him, and have not been revoked,138-5
evidence as the letters themselves.138-6
2. A copy of the letters, with like certificate,138-7
effect.138-8
Sec. 465. NRS 155.120 is hereby amended to read as follows:138-9
155.120138-10
apart a homestead, a certified copy of the138-11
in the office of the county recorder of the county where the property is138-12
located.138-13
Sec. 466. NRS 155.140 is hereby amended to read as follows: 155.140138-15
1. In a proceeding involving the estate of a decedent or a138-16
testamentary trust:138-17
(a) Interests to be affected must be described in pleadings that give138-18
reasonable information to owners by name or class, by reference to the138-19
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 of138-21
revocation or presently exercisable general power of appointment,138-22
including a power of amendment, binds other persons to the extent their138-23
interests, as objects, takers in default or otherwise, are subject to the138-24
power.138-25
(c) To the extent there is no conflict of interest between them or138-26
among persons represented:138-27
(1) An order binding a guardian of the estate binds the person138-28
whose estate he controls.138-29
(2) An order binding a guardian of the person binds the ward if no138-30
separate guardian of his estate has been appointed.138-31
(3) An order binding a trustee binds beneficiaries of the trust in a138-32
proceeding to probate a will establishing or adding to the trust, to review138-33
the acts or accounts of a previous fiduciary, or involving creditors or138-34
other third parties.138-35
(4) An order binding a personal representative binds persons138-36
interested in the undistributed assets of the estate of a decedent in an138-37
action or proceeding by or against the estate.138-38
(d) If there is no conflict of interest and no guardian of the estate has138-39
been appointed, a parent may represent his minor child.138-40
(e) An unborn or unascertained person who is not otherwise138-41
represented is bound by an order to the extent his interest is adequately138-42
represented by another person having a substantially identical interest in138-43
the proceeding.139-1
(f) Notice as prescribed by this Title must be given to every interested139-2
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 can139-4
bind him.139-5
(g) Notice is given to unborn or unascertained persons who are not139-6
represented under subsection (b), (c) or (d) by giving notice to all known139-7
persons whose interest in the proceeding is substantially identical to that139-8
of the unborn or unascertained persons.139-9
(h) At any stage of a proceeding, the court may appoint a guardian ad139-10
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 address139-12
is unknown, if the court determines that representation of the interest139-13
would otherwise be inadequate. If not precluded by conflict of interest, a139-14
guardian ad litem or an attorney may be appointed to represent several139-15
persons or interests. The court shall set out its reasons for appointing a139-16
guardian ad litem or an attorney as a part of the record of the139-17
proceeding.139-18
2. If an attorney has been appointed for minors or139-19
139-20
be appointed, shall represent the person or persons for whom he has been139-21
appointed in all subsequent proceedings.139-22
Sec. 467. NRS 155.150 is hereby amended to read as follows: 155.150 1. All issues of fact in matters of an estate139-24
disposed of in the same manner as is by law provided upon the trial of139-25
issues of fact in a common law action139-26
the court except as otherwise provided in NRS 137.020.139-27
2. All questions of cost may be determined by the court, and execution139-28
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: 155.160 1. An interested person may appear and make a response139-31
or objection in writing at or before the hearing.139-32
2. An interested person may appear and make a response or139-33
objection orally at the hearing. The court may hear and determine the139-34
response or objection at the hearing or grant a continuance to allow the139-35
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 any139-37
matter concerning the settlement of the139-38
estate of a decedent, anyone opposing the139-39
made may file objections thereto with the clerk.139-40
Sec. 469. NRS 155.170 is hereby amended to read as follows: 155.170 The testimony of a witness or witnesses in other counties of139-42
this state, or in other139-43
States, or in foreign countries, may be taken by deposition as provided in140-1
the Nevada Rules of Civil Procedure.140-2
140-3
Sec. 470. NRS 155.180 is hereby amended to read as follows: 155.180140-5
Title, all the provisions of law and the Nevada Rules of Civil Procedure140-6
regulating proceedings in civil cases apply in matters of140-7
when appropriate, or140-8
provisions of this Title. The Nevada Rules of Appellate Procedure140-9
regulating appeals in civil cases apply to appeals taken pursuant to NRS140-10
155.190.140-11
Sec. 471. NRS 155.190 is hereby amended to read as follows: 155.190 In addition to any order140-13
expressly permitted by this Title, an appeal may be taken to the supreme140-14
court within 30 days after its entry140-15
1. Granting or revoking letters testamentary or letters of140-16
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 from140-20
execution.140-21
5. Granting or modifying a family allowance.140-22
6. Directing or authorizing the sale or conveyance or confirming the140-23
sale of property.140-24
7. Settling an account of140-25
representative or trustee.140-26
8. Instructing or appointing a trustee.140-27
9. Instructing or directing140-28
representative.140-29
10. Directing or allowing the payment of a debt, claim,140-30
or attorney’s fee.140-31
11. Determining heirship or the persons to whom distribution must be140-32
made or trust property must pass.140-33
12. Distributing property.140-34
13. Refusing to make any order mentioned in this section or any140-35
decision wherein the amount in controversy equals or exceeds, exclusive of140-36
costs,140-37
14. Granting or denying a motion to enforce the liability of a surety140-38
filed pursuant to NRS 142.035.140-39
15. Granting an order for conveyance or transfer pursuant to section140-40
332 of this act.140-41
Sec. 472. NRS 155.200 is hereby amended to read as follows:141-1
155.200 An appeal by141-2
representative who has given an official bond as provided in this Title141-3
142-1
Sec. 473. NRS 155.210 is hereby amended to read as follows: 155.210 1. Upon an appeal, the142-3
142-4
order appealed from, and as to any or all of the parties, and order a142-5
remittitur as in other cases, and may order costs to be paid by any party to142-6
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: 155.220142-10
142-11
appeal, all lawful acts in administration142-12
142-13
are as valid as if142-14
Sec. 475. NRS 159.179 is hereby amended to read as follows: 159.179 1.142-16
estate or special guardian who is authorized to manage the ward’s property142-17
142-18
(a) The period142-19
(b) All cash receipts and disbursements during the period covered by142-20
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 which142-24
have increased, decreased or altered the ward’s property holdings as142-25
reported in the original inventory or the preceding account.142-26
(e) Such other information as the guardian considers necessary to show142-27
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 show142-29
the interest of each ward in the receipts, disbursements and property.142-30
3. Receipts or vouchers for all expenditures must be142-31
142-32
142-33
142-34
procedures provided142-35
Sec. 476. Chapter 163 of NRS is hereby amended by adding thereto142-36
the provisions set forth as sections 477 to 483, inclusive, of this act.142-37
Sec. 477. Except as otherwise specifically provided in the trust142-38
instrument, a person who holds a power to appoint or distribute income142-39
or principal to or for the benefit of others, individually or as trustee, may142-40
not use the power to discharge his legal obligations.142-41
Sec. 478. 1. If a trustee commits or threatens to commit a breach142-42
of trust, a beneficiary or cotrustee of the trust may maintain a proceeding142-43
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 of143-4
money or otherwise.143-5
(d) To appoint a receiver or temporary trustee to take possession of the143-6
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 trust143-11
property.143-12
(i) To trace trust property that has been wrongfully disposed of and143-13
recover the property or its proceeds.143-14
2. The provision of remedies in subsection 1 does not preclude resort143-15
to any other appropriate remedy provided by statute or common law.143-16
3. A proceeding under this section must be commenced by filing a143-17
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 or143-20
appropriate to accomplish a purpose of the trust, but the court may not143-21
grant a power expressly prohibited by the trust instrument.143-22
Sec. 480. A third person who acts in good faith is not bound to143-23
ensure the proper application of trust property paid or delivered to a143-24
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 the143-27
time provided in the trust instrument, if administration or continued143-28
administration of the trust is no longer feasible or economical. A petition143-29
for such an order may be filed by an interested person under NRS143-30
164.010 and 164.030.143-31
Sec. 482. 1. Except as otherwise provided in subsection 2 or in the143-32
trust, a trustee may distribute property and money:143-33
(a) In divided or undivided interests; and143-34
(b) With or without proration.143-35
2. Each affected beneficiary must consent before property or money143-36
is distributed without proration, unless the trust specifically authorizes143-37
the trustee to make that distribution.143-38
Sec. 483. 1. A trust may refer to a written statement or list to143-39
dispose of items of tangible personal property not otherwise specifically143-40
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, the143-43
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 and144-5
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 the144-9
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 the144-13
dispositions made by the trust.144-14
Sec. 484. NRS 163.003 is hereby amended to read as follows: 163.003 A trust is created only if:144-16
1. The settlor properly manifests an intention to create a trust; and144-17
2. There is trust property144-18
163.230.144-19
Sec. 485. NRS 163.010 is hereby amended to read as follows: 163.010 NRS 163.010 to144-21
as the Uniform Trusts Act.144-22
Sec. 486. NRS 163.020 is hereby amended to read as follows: 163.020 As used in NRS 163.010 to144-24
unless the context or subject matter otherwise requires:144-25
1. "Affiliate" means any person directly or indirectly controlling or144-26
controlled by another person, or any person under direct or indirect144-27
common control with another person. It includes any person with whom a144-28
trustee has an express or implied agreement regarding the purchase of trust144-29
investments by each from the other, directly or indirectly, except a broker144-30
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 includes144-34
trustees, a corporate as well as a natural person and a successor or144-35
substitute trustee.144-36
Sec. 487. NRS 163.050 is hereby amended to read as follows: 163.050 No trustee144-38
property for the trust from or to itself or an affiliate ,144-39
director, officer144-40
or from or to a relative, employer, partner144-41
a trustee, except with the prior approval of the144-42
jurisdiction of the trust estate .145-1
Sec. 488. NRS 163.060 is hereby amended to read as follows: 163.060 1. Except as otherwise provided in subsection 2145-3
authorized by the trust instrument, a trustee shall not as trustee of one145-4
trust sell property to itself as trustee of another trust except with the145-5
approval of the145-6
145-7
2. A bank or other corporate trustee which is subject to regulation by145-8
state or federal authorities may sell a security which is listed on a regulated145-9
stock exchange or sold over the counter by the National Association of145-10
Securities Dealers and is held by it as fiduciary in one account to itself as145-11
fiduciary in another account if the transaction is fair to the beneficiaries of145-12
both accounts and is not otherwise expressly prohibited by a particular145-13
statute.145-14
Sec. 489. NRS 163.070 is hereby amended to read as follows: 163.070145-16
or order of the court, a corporate trustee shall not purchase for a trust145-17
shares of its own stock, or its bonds or other securities, or the stock, bonds145-18
or other securities of an affiliate.145-19
Sec. 490. NRS 163.100 is hereby amended to read as follows: 163.100 Unless it is otherwise provided by the trust instrument145-21
145-22
are attached to the office and145-23
Sec. 491. NRS 163.110 is hereby amended to read as follows: 163.110 1. Unless it is otherwise provided by the trust instrument145-25
145-26
more trustees may be exercised by a majority of145-27
trustees. A trustee who has not joined in exercising a power145-28
not liable to the beneficiaries or to others for the consequences of145-29
145-30
not liable for the consequences of an act in which145-31
joined at the direction of the majority trustees, if he expressed his dissent145-32
in writing to any of his cotrustees at or before the time of145-33
joinder.145-34
2.145-35
cotrustee from liability for inactivity in the administration of the trust nor145-36
for failure to attempt to prevent a breach of trust.145-37
3. Except as otherwise authorized in the trust instrument or by order145-38
of the court, a power vested in two trustees may only be exercised by145-39
unanimous action.145-40
4. If the trustees cannot exercise a power vested in them in a manner145-41
permitted by this section, an interested person may petition the court for145-42
appropriate instructions pursuant to NRS 164.010 and 164.030.146-1
Sec. 492. NRS 163.120 is hereby amended to read as follows: 163.120 1.146-3
146-4
146-5
146-6
146-7
146-8
146-9
146-10
146-11
entered into by a trustee in the capacity of representative, or on an146-12
obligation arising from ownership or control of trust property, may be146-13
asserted against the trust by proceeding against the trustee in the capacity146-14
of representative, whether or not the trustee is personally liable on the146-15
claim.146-16
2. A judgment may not be entered in favor of the plaintiff in146-17
the action unless146-18
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 days146-21
146-22
the beneficiaries known to the trustee who then had a present interest, or in146-23
the case of a charitable trust , the attorney general and any corporation146-24
which is a beneficiary or agency in the performance of146-25
charitable trust, of the existence and nature of the action.146-26
146-27
146-28
their last known addresses. The trustee shall furnish the plaintiff a list of146-29
the146-30
days after written demand therefor, and notification of the persons on146-31
146-32
the plaintiff by this section. Any beneficiary, or in the case of charitable146-33
trusts the attorney general and any corporation which is a beneficiary or146-34
agency in the performance of146-35
146-36
3.146-37
146-38
146-39
contract, a trustee is not personally liable on a contract properly entered146-40
into in the capacity of representative in the course of administration of146-41
the trust unless the trustee fails to reveal the representative capacity or146-42
identify the trust in the contract. The addition of the word "trustee" or the146-43
words "as trustee" after the signature of a trustee to a contract147-1
147-2
personal liability.147-3
Sec. 493. NRS 163.140 is hereby amended to read as follows: 163.140 1.147-5
147-6
administration147-7
capacity of representative may be sued and collection had from the trust147-8
property, if the court147-9
that:147-10
(a) The tort was a common incident of the kind of business activity in147-11
which the trustee or his predecessor was properly engaged for the trust;147-12
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 the147-15
trustee or his predecessor, was guilty of personal fault in incurring the147-16
liability; or147-17
(c) That, although the tort did not fall within147-18
147-19
If the tort is within147-20
collection may be had of the full amount of damage proved ,147-21
tort is within paragraph (c) above, collection may be had only to the extent147-22
of the increase in the value of the trust property.147-23
2. In an action against the trustee in147-24
representative under this section , the plaintiff need not prove that the147-25
trustee could have secured reimbursement from the trust fund if147-26
trustee had paid the plaintiff’s claim.147-27
3.147-28
favor of the plaintiff in147-29
days after147-30
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, and147-32
more than 30 days147-33
each of the beneficiaries known to the trustee who then had a present147-34
interest of the existence and nature of the action.147-35
notice must be given by mailing copies147-36
147-37
147-38
and their addresses, within 10 days after written demand therefor, and147-39
notification of the persons on147-40
compliance with the duty placed on the plaintiff by this section. Any147-41
beneficiary may intervene in147-42
plaintiff to recover.148-1
4.148-2
provided in NRS 163.130, the trustee may also be held personally liable148-3
for any tort committed by him, or by his agents or employees in the course148-4
of their employments148-5
148-6
148-7
agent or employee is personally at fault.148-8
5. This section does not change the existing law with regard to the148-9
liability of trustees of charitable trusts for torts of themselves or their148-10
employees.148-11
Sec. 494. NRS 163.160 is hereby amended to read as follows: 163.160 1. The settlor of148-13
148-14
the trust if the trust was created by a writing, or by oral statement to the148-15
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 amend148-17
the trust, relieve his trustee from any or all of the duties, restrictions, and148-18
liabilities which would otherwise be imposed upon him by NRS 163.010 to148-19
148-20
or all of the privileges and powers conferred upon the trustee by NRS148-21
163.010 to148-22
restrictions, liabilities, privileges, or powers, to those imposed or granted148-23
by NRS 163.010 to148-24
the settlor148-25
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 may148-27
be relieved of liability for breach of trust by provisions of the trust148-28
instrument.148-29
3. A provision of the trust instrument is not effective to relieve a148-30
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
or148-34
(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: 163.170148-37
148-38
upon full information, by written instrument delivered to the trustee,148-39
relieve the trustee as to148-40
duties, restrictions, and liabilities which would otherwise be imposed on148-41
the trustee by NRS 163.010 to148-42
the duties, restrictions, and liabilities imposed by NRS 163.030, 163.040148-43
and 163.050.149-1
liability to149-2
provisions of NRS 163.010 to149-3
Sec. 496. NRS 163.180 is hereby amended to read as follows: 163.180 A court149-5
upon notice to the beneficiaries, relieve a trustee from any or all of the149-6
duties and restrictions which would otherwise be placed upon149-7
trustee by NRS 163.010 to149-8
partly excuse a trustee who has acted honestly and reasonably from149-9
liability for violation of the provisions of NRS 163.010 to149-10
163.200, inclusive.149-11
Sec. 497. NRS 163.190 is hereby amended to read as follows: 163.190 If a trustee violates any of the provisions of NRS 163.010 to149-13
149-14
compensation in whole or in part ,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: 163.200 NRS 163.010 to149-18
inclusive, must be so interpreted and construed as to effectuate their149-19
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: 163.230 1. A devise ,149-22
determinable by the law of this state, may be made by a will to a trustee or149-23
trustees of a trust established or created by the testator , or by the testator149-24
and some other person or persons , or by some other person or persons ,149-25
including a funded or unfunded life insurance trust, although the149-26
settlor has reserved any or all rights of ownership of the insurance149-27
contracts ,149-28
are set forth in a written instrument149-29
before or concurrently with the execution of the testator’s will, or in the149-30
valid last will of a person who has predeceased the testator ,149-31
of the existence, size or character of the corpus of the trust .149-32
2. The devise149-33
or revocable, or both, or because the trust was amended after the execution149-34
of the will or after the death of the testator.149-35
3. Unless the testator’s will provides otherwise, the property so149-36
devised :149-37
(a) Shall not be deemed to be held under a testamentary trust of the149-38
testator but is a part of the trust to which it is given; and149-39
(b) Must be administered and disposed of in accordance with the149-40
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
149-43
will ,150-1
made pursuant to the Charitable Trust Act of 1971, and, if the testator’s150-2
will so provides, including any amendments to the trust made after the150-3
death of the testator.150-4
4. A revocation or termination of the trust before the death of the150-5
testator causes the devise150-6
Sec. 500. NRS 163.275 is hereby amended to read as follows: 163.275 1. A fiduciary may invest and reinvest, as150-8
deems advisable:150-9
150-10
notes, mortgages or other securities in or outside the United States;150-11
150-12
person in whom a beneficiary has an insurable interest, or in annuity150-13
contracts for any beneficiary;150-14
150-15
150-16
150-17
150-18
150-19
investing, reinvesting, owning, holding or trading in securities;150-20
150-21
of other issuers; and150-22
150-23
Securities and Exchange Commission150-24
150-25
(g) Generally in such property as the fiduciary deems advisable, even150-26
though150-27
applicable law but for this section.150-28
2. A fiduciary may delegate the authority to invest, but he is not150-29
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: 163.290 A fiduciary may form a corporation , limited liability150-32
company or other entity , and transfer, assign and convey to150-33
corporation , limited liability company or entity all or any part of the estate150-34
or of any trust property in exchange for the stock, securities or obligations150-35
of150-36
entity, and continue to hold150-37
Sec. 502. NRS 163.295 is hereby amended to read as follows: 163.295 A fiduciary may continue any farming operation received by150-39
the fiduciary pursuant to the will , trust or other instrument and do any and150-40
all things deemed advisable by the fiduciary in the management and150-41
maintenance of such farm and the production and marketing of crops and150-42
dairy, poultry, livestock, orchard and the forest products, including , but150-43
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 equipment151-4
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 rates151-8
of interest for farm purposes such as for production, harvesting or151-9
marketing, or for the construction, repair or improvement of farm151-10
buildings, or for the purchase of farm machinery, equipment or livestock;151-11
6. To employ approved soil conservation practices in order to151-12
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 farm151-14
and sell the timber and forest products when it is to the best interest of the151-15
estate;151-16
8. To ditch, dam and drain damp or wet fields and areas of the farm151-17
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 and151-20
crops as may be necessary to carry on such operations;151-21
10. To market the products of the farm; and151-22
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: 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, the151-26
trustee of any trust which the decedent or the settlor or151-27
spouse or any child of151-28
upon such terms and conditions as to sale price, terms of payment and151-29
security as to the fiduciary seem advisable. The fiduciary has no duty to151-30
follow the proceeds of any such sale.151-31
2. Borrow money for such periods of time and upon such terms and151-32
conditions as to rates, maturities, renewals and securities as the fiduciary151-33
deems available from any trust created by the decedent,151-34
151-35
(a) Paying debts of the decedent, taxes, the costs of the administration151-36
of the estate151-37
(b) Discharging the liability of any fiduciary thereof. A fiduciary may151-38
mortgage, pledge or otherwise encumber such portion of the estate or any151-39
trust as may be required to151-40
renew151-41
Sec. 504. NRS 163.320 is hereby amended to read as follows: 163.320 A fiduciary may:152-1
1. Borrow money for such periods of time and upon such terms and152-2
conditions as to rates, maturities, renewals and security as the fiduciary152-3
deems advisable, including the power of a corporate fiduciary to borrow152-4
from its own banking department, for the purpose of paying debts, taxes or152-5
other charges against the estate or any trust, or any part thereof;152-6
2.152-7
or otherwise encumber such portion of the estate or any trust as may be152-8
required to152-9
3. Renew existing loans either as maker or endorser.152-10
Sec. 505. NRS 163.400 is hereby amended to read as follows: 163.400 A fiduciary may:152-12
1. Make payments in money, or in property in lieu of money, to or for152-13
a minor or152-14
following ways:152-15
(a) Directly to152-16
(b) To apply directly in payment for the support, maintenance,152-17
education and medical, surgical, hospital or other institutional care of152-18
152-19
(c) To the legal or natural guardian of152-20
152-21
(d) To any other person, whether or not appointed guardian of the152-22
person by any court, who has, in fact, the care and custody of the person of152-23
152-24
2. The fiduciary has no duty to see to the application of the payments152-25
so made, if the fiduciary exercised due care in the selection of the person,152-26
including the minor or152-27
152-28
that person is full acquittance to the fiduciary.152-29
Sec. 506. NRS 163.440 is hereby amended to read as follows: 163.440 As used in NRS 163.420 to 163.550, inclusive, unless152-31
otherwise indicated, section references are to the152-32
Revenue Code of152-33
and include future amendments to such sections and corresponding152-34
provisions of future152-35
laws.152-36
Sec. 507. NRS 163.520 is hereby amended to read as follows: 163.520 1. In the administration of any private foundation trust, split152-38
interest trust or charitable trust which is subject to the provisions of the152-39
Internal Revenue Code of152-40
1999, the following acts are prohibited:152-41
(a) Engaging in any act or "self-dealing , "152-42
4941(d)152-43
Section 4941(a);153-1
(b) Retaining any "excess business holdings , "153-2
4943(c)153-3
Section 4943(a);153-4
(c) Making any investments which would jeopardize the carrying out of153-5
any of the exempt purposes of the trust within the meaning of Section153-6
4944, so as to give rise to any liability for the tax imposed by Section153-7
4944(a); and153-8
(d) Making any "taxable expenditures , "153-9
4945(d)153-10
Section 4945(a).153-11
2. This section does not apply to those split interest trusts or amounts153-12
of such split interest trusts which are not subject to the prohibitions153-13
applicable to private foundations by reason of the provisions of Section153-14
4947.153-15
Sec. 508. NRS 163.540 is hereby amended to read as follows: 163.540 1.153-17
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 the153-19
provisions of NRS 163.420 to 163.550, inclusive.153-20
2. Any such amendment153-21
trustee filing a153-22
153-23
153-24
date for the hearing of the petition, and the trustee shall cause notice of153-25
the hearing of the petition153-26
(a) Personally served on the153-27
settlors of the trust, if living, and on all named beneficiaries of153-28
trust, if any,153-29
153-30
153-31
153-32
153-33
153-34
153-35
153-36
153-37
and in the manner provided in NRS 155.010;153-38
(b) Published on three dates of publication before the hearing, and if153-39
the newspaper is published more than once each week, there must be at153-40
least 10 days153-41
from the first to last date of publication, including both the first and the153-42
last days; and154-1
(c) Delivered, together with a copy of the petition, to the attorney154-2
general of the State of Nevada at the time of the filing of the petition.154-3
3. At the hearing of154-4
may authorize the trustee to amend, revise, delete or add provisions to the154-5
trust154-6
inclusive,154-7
Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the154-8
154-9
to act,154-10
obtained.154-11
Sec. 509. NRS 163.570 is hereby amended to read as follows: 163.570 A trustee may:154-13
1. Join with a decedent’s surviving spouse154-14
154-15
decedent’s estate in the execution and filing of a joint income tax return for154-16
any period before the decedent’s death for which the decedent had not filed154-17
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 the154-19
decedent for any period before his death; and154-20
3. Pay such taxes thereon as are chargeable to the decedent.154-21
Sec. 510. Chapter 164 of NRS is hereby amended by adding thereto154-22
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 clerk154-24
shall set a petition authorized by this chapter for hearing, and the154-25
petitioner shall give notice to all interested persons for the period and in154-26
the manner provided in NRS 155.010. The notice must state the filing of154-27
the petition, the object and the time of the hearing. For the purposes of154-28
this section, "interested person" means a settlor, trustee, beneficiary or154-29
any other person to whom the court directs that notice be given.154-30
Sec. 512. 1. The court has exclusive jurisdiction of proceedings154-31
initiated by the petition of an interested person concerning the internal154-32
affairs of a nontestamentary trust. Proceedings which may be maintained154-33
under this section are those concerning the administration and154-34
distribution of trusts, the declaration of rights and the determination of154-35
other matters involving trustees and beneficiaries of trusts, including154-36
petitions with respect to a nontestamentary trust for any appropriate154-37
relief provided with respect to a testamentary trust in section 511 of this154-38
act.154-39
2. A petition under this section may be filed in conjunction with a154-40
petition under NRS 164.010 or at any time after the court has assumed154-41
jurisdiction under that section.154-42
3. Upon the hearing, the court shall enter such order as it deems154-43
appropriate. The order is final and conclusive as to all matters155-1
determined and is binding in rem upon the trust estate and upon the155-2
interests of all beneficiaries, vested or contingent, except that appeal to155-3
the supreme court may be taken from the order within 30 days after155-4
notice of its entry by filing notice of appeal with the clerk of the district155-5
court. The appellant shall mail a copy of the notice to each person who155-6
has appeared of record.155-7
4. A proceeding under this section does not result in continuing155-8
supervisory proceedings. The administration of the trust must proceed155-9
expeditiously in a manner consistent with the terms of the trust, without155-10
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 or155-12
exercised as provided by other law.155-13
Sec. 513. 1. The trustee or an interested person may petition the155-14
court to enter an order:155-15
(a) If the trustee is in possession of, or holds title to, property and the155-16
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 is155-18
in possession of the property.155-19
(c) If property of the trust is subject to a claim of a creditor of the155-20
settlor of the trust.155-21
2. The court shall not grant a petition under this section if it155-22
determines that the matter should be determined by civil action.155-23
3. The petition must state facts showing that it is authorized under155-24
this section, the grounds of the petition, and the name and address of155-25
each person entitled to notice of the petition.155-26
4. Upon the filing of the petition, the clerk shall set it for hearing and155-27
the petitioner shall give notice of the hearing, at least 30 days before the155-28
time set, to:155-29
(a) All interested persons, including the attorney general if the petition155-30
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 or155-32
possession of the property, and any other person whose right, title or155-33
interest in or to the property would be affected by the granting of the155-34
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 is155-37
satisfied that a conveyance, transfer, delivery or other disposition should155-38
be made, the court shall enter an order directing the trustee or other155-39
person having title to or possession of the property to convey, transfer or155-40
deliver it to the person entitled thereto or granting other appropriate155-41
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 an156-2
express trust by any written instrument other than a will, or upon petition156-3
of156-4
156-5
business , or in which the trust has been domiciled, shall consider the156-6
application to confirm the appointment of the trustee and specify the156-7
manner in which156-8
156-9
2.156-10
156-11
156-12
156-13
156-14
156-15
the same time any petition for instructions filed with the petition for156-16
confirmation.156-17
3. At any time, the trustee may petition the court for removal of the156-18
trust from continuing jurisdiction of the court.156-19
Sec. 515. NRS 164.025 is hereby amended to read as follows: 164.025 1. The trustee of a nontestamentary trust may after the death156-21
of the settlor of the trust cause to be published a notice in the manner156-22
specified in paragraph (b) of subsection 1 of NRS 155.020156-23
156-24
or readily ascertainable creditors.156-25
2. The notice must be in substantially the following form:156-26
Notice to Creditors156-27
Notice is hereby given that the undersigned is the duly appointed and156-28
qualified trustee of the ................ trust. ................, the settlor of that trust156-29
died on ................. A creditor having a claim against the trust estate must156-30
file his claim with the undersigned at the address given below within 90156-31
days after the first publication of this notice.156-32
Dated156-33
156-34
Trustee156-35
156-36
Address156-37
3. A person having a claim, due or to become due, against a settlor156-38
or the trust must file the claim with the trustee within 90 days after the156-39
mailing, for those required to be mailed, or 90 days after publication of157-1
the first notice to creditors. Any claim against the trust estate not filed157-2
within157-3
barred. After157-4
expiration of the time, the trustee may distribute the assets of the trust to157-5
its beneficiaries without personal liability to any creditor who has failed to157-6
file a claim with the trustee.157-7
4. If the trustee knows or has reason to believe that the settlor received157-8
public assistance during his lifetime, the trustee shall, whether or not he157-9
gives notice to other creditors, give notice within 30 days after the death to157-10
the welfare division of the department of human resources157-11
157-12
NRS 155.010. If notice to the welfare division is required by this157-13
subsection but is not given, the trust estate and any assets transferred to a157-14
beneficiary remain subject to the right of the welfare division to recover157-15
public assistance received.157-16
Sec. 516. NRS 164.040 is hereby amended to read as follows: 164.040157-18
157-19
1. NRS 164.010 and section 513 of this act do not limit or abridge the157-20
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 necessary157-22
or proper to dispose of the matters presented by a petition, including the157-23
appointment of a temporary trustee to administer the trust in whole or in157-24
part.157-25
Sec. 517. NRS 164.050 is hereby amended to read as follows: 164.050 1. In acquiring, investing, reinvesting, exchanging,157-27
retaining, selling and managing property for the benefit of another, a157-28
fiduciary shall exercise the judgment and care under the circumstances157-29
then prevailing, which persons of prudence, discretion and intelligence157-30
exercise in the management of their own affairs, not in regard to157-31
speculation, but in regard to the permanent disposition of their money,157-32
considering the probable income as well as the probable safety of their157-33
capital. Within the limitations of the foregoing standard, and subject to any157-34
express provision or limitation contained in any particular trust instrument157-35
, agreement, court order or will, a fiduciary may acquire and retain every157-36
kind of property, real, personal or mixed, and every kind of investment,157-37
including, without limitation, bonds, debentures157-38
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 what157-41
the fiduciary knew or should have known at the time of the decision about157-42
the inherent nature and expected performance of the investment, the157-43
attributes of the portfolio, the general economy and the needs and158-1
objectives of the beneficiaries of the account as they existed at the time of158-2
the decision. Any determination of the liability of the fiduciary for the158-3
performance of his investments must be made giving consideration not158-4
only to the performance of a particular investment, but also to the158-5
performance of the portfolio as a whole.158-6
3.158-7
authorize any departure from, or variation of, the express terms or158-8
limitations set forth in any will, agreement, court order or158-9
instrument creating or defining the duties and powers. The term "legal158-10
investment" or "authorized investment," or words of similar import, as158-11
used in any such instrument, must be construed to mean any investment158-12
which is permitted by the terms of subsection 1.158-13
4. The provisions of this section govern fiduciaries acting pursuant to158-14
wills, agreements, court orders and158-15
Sec. 518. NRS 164.070 is hereby amended to read as follows: 164.070 NRS 164.070 to158-17
as the Uniform Common Trust Fund Act.158-18
Sec. 519. NRS 164.080 is hereby amended to read as follows: 164.080 1. Any bank or trust company qualified to act as fiduciary158-20
in this state, or in any other state if affiliated with a bank or trust company158-21
qualified to act as fiduciary in this state, may:158-22
(a) Establish common trust funds to furnish investments to itself and its158-23
affiliated bank or trust company as fiduciary or to itself, its affiliated bank158-24
or trust company and others, as cofiduciaries; and158-25
(b) As fiduciary or cofiduciary, invest money which it lawfully holds158-26
for investment in interests in those common trust funds, if the investment is158-27
not prohibited by the instrument, judgment, decree or order creating the158-28
fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust158-29
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 state158-31
in which it was chartered, which is not a member of the Federal Reserve158-32
System shall, in the operation of the common trust fund, comply with the158-33
regulations adopted by the supervisor of banking in the state in which it158-34
was chartered and with the regulations adopted by the commissioner of158-35
financial institutions in this state.158-36
3. The commissioner of158-37
department of business and industry may adopt regulations to carry out the158-38
provisions of NRS 164.070 to158-39
4. As used in this section, "affiliated" means two or more banks or158-40
trust companies:158-41
(a) In which at least 25 percent of their voting shares, excluding shares158-42
owned by the United States or by any company wholly owned by the159-1
United States, are directly or indirectly owned or controlled by a holding159-2
company; or159-3
(b) In which the election of a majority of the directors is controlled in159-4
any manner by a holding company.159-5
Sec. 520. NRS 164.090 is hereby amended to read as follows: 164.090 Unless ordered by a court of competent jurisdiction , the bank159-7
or trust company operating159-8
render a court accounting with regard to159-9
may, by159-10
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: 164.100 NRS 164.070 to159-13
be so interpreted and construed as to effectuate their general purpose to159-14
make uniform the law of those states which enact them.159-15
Sec. 522. NRS 164.130 is hereby amended to read as follows: 164.130 Upon159-17
or otherwise as trustee, with the concurrence of the beneficiary or159-18
beneficiaries, a159-19
supervision of the trust to any judicial district within the state, or to any159-20
court outside Nevada which accepts jurisdiction over the trust, when the159-21
convenience of beneficiaries, trustees, attorneys or other interested persons159-22
makes a transfer desirable.159-23
Sec. 523. NRS 164.520 is hereby amended to read as follows: 164.520 "Donative instrument" means a will, trust, deed, grant,159-25
conveyance, agreement, memorandum, writing or other governing159-26
document, including the terms of any institutional solicitations from which159-27
an institutional fund resulted, under which property is transferred to or held159-28
by an institution as an institutional fund.159-29
Sec. 524. NRS 165.020 is hereby amended to read as follows: 165.020 1. As used in this chapter:159-31
(a) "Affiliate" means any person directly or indirectly controlling or159-32
controlled by another person, or any person under direct or indirect159-33
common control by another person. It includes any person with whom a159-34
trustee has an express or implied agreement regarding the purchase of trust159-35
investments by each from the other, directly or indirectly.159-36
(b) "Beneficiary" includes a beneficiary under the trust, a person who is159-37
entitled to the trust capital at the termination of the trust and a surety on the159-38
bond of the trustee.159-39
(c) "Nontestamentary trustee" means a trustee serving under a trust159-40
created in this state otherwise than by a will, or such a trust administered159-41
in this state, whether the trustee was appointed by the settlor or by a court159-42
or other authority.160-1
(d) "Relative" means a spouse, ancestor, descendant, brother160-2
sister.160-3
(e) "Settlor" includes the creator of a testamentary as well as a160-4
nontestamentary trust.160-5
(f) "Testamentary trustee" means a trustee serving under a trust created160-6
by a will of a testator domiciled in this state at the time of160-7
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 other160-9
authority.160-10
(g) "Trustee" includes trustees, a corporate as well as a natural person, a160-11
successor or substitute trustee, and the successor in interest of a deceased160-12
sole trustee.160-13
2. This chapter160-14
trusts, business trusts where certificates of beneficial interest are issued to160-15
the beneficiaries, investment trusts, voting trusts, insurance trusts prior to160-16
the death of the insured, trusts in the nature of mortgages or pledges, trusts160-17
created by judgment or decree of a federal court or a state court other than160-18
the district court acting in probate matters, liquidation trusts, or trust for160-19
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: 165.030 Within 75 days after160-23
testamentary trustee160-24
160-25
admitted to probate an inventory under oath, showing by items all the trust160-26
property which160-27
160-28
Sec. 526. NRS 165.040 is hereby amended to read as follows: 165.040 1. Except as otherwise provided in subsection 3, within160-30
160-31
160-32
in which the testamentary trustee had a duty to file160-33
prescribed in NRS 165.030,160-34
160-35
trustee160-36
where the will was admitted to probate an intermediate account under oath160-37
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 the160-40
trustee, with a statement as to those known to be minors or160-41
160-42
unborn or unascertained beneficiaries, and the name of the surety or160-43
sureties on the trustee’s bond with the amount of the bond;161-1
(c) In a separate schedule, additions to trust principal during the161-2
accounting period with the dates and sources of acquisition, investments161-3
collected, sold or charged off during the accounting period, investments161-4
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 and161-6
purpose of each, and the trust principal, invested or uninvested, on hand at161-7
the end of the accounting period, reflecting the approximate market value161-8
thereof;161-9
(d) In a separate schedule , the trust income on hand at the beginning of161-10
the accounting period, and in what form held, trust income received during161-11
the accounting period, when, and from what source, trust income paid out161-12
during the accounting period, when, to whom, and for what purpose, trust161-13
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 buyer161-15
from, the trustee of trust property during the accounting period was at the161-16
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; or161-19
(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 sales161-22
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 have161-25
become due with regard to the trust property, and if due, whether paid;161-26
(g) A brief summary of the account; and161-27
(h) Such other facts as the court may by rule or court order require.161-28
2. Except as otherwise provided in subsection 3, within161-29
after the end of each161-30
life of the trust, the testamentary trustee then in office shall file with the161-31
same court an intermediate account under oath showing corresponding161-32
facts regarding the current accounting period.161-33
3. A corporate trustee is not required to file the intermediate accounts161-34
specified in subsections 1 and 2. A corporate trustee161-35
the information specified in subsection 1 in the final account for the entire161-36
time for which the trustee administered the trust.161-37
Sec. 527. NRS 165.050 is hereby amended to read as follows: 165.050 Within161-39
testamentary trust , the trustee, and in the case of the transfer of the161-40
trusteeship161-41
merger161-42
old trustee, shall file with the161-43
was admitted to probate a final account under oath, showing for the period162-1
since the filing of the last account the facts required by NRS 165.040162-2
regarding intermediate accountings, and in case of termination of the trust,162-3
the distribution of the trust property which the accountant proposes to162-4
make.162-5
Sec. 528. NRS 165.060 is hereby amended to read as follows: 165.060 Within 30 days after the distribution of the trust property by162-7
the testamentary trustee162-8
final account was filed a162-9
property which162-10
distributees. The court shall, as soon as practicable, act upon the account162-11
and discharge the trustee if the distributive account is approved.162-12
Sec. 529. NRS 165.070 is hereby amended to read as follows: 165.070 1. Every testamentary trustee who files an intermediate162-14
account in court shall , within 10 days after162-15
each known beneficiary a notice of162-16
court hearing on the account , a summary of the account with an offer to162-17
deliver the full account on demand, or if there is to be a court hearing on162-18
the account , a copy of the account.162-19
162-20
to the beneficiary personally, or to162-21
guardian or attorney of record; or162-22
162-23
162-24
to the beneficiary, guardian or attorney of record, at the last known162-25
address of the addressee.162-26
2. Any beneficiary or the trustees may petition the court for a hearing162-27
on any intermediate account, and the holding of such a hearing162-28
in the discretion of the court. In the case of the third intermediate162-29
accounting, and every 3 years thereafter, the trustee shall162-30
petition the court for a hearing on and approval of all unapproved162-31
accounts, and shall give each known beneficiary written notice of162-32
162-33
least 10 days before the day of the hearing, in the manner prescribed for162-34
the delivery of the copy of the account. The162-35
162-36
accounting162-37
filed. The notice by the trustee of the162-38
and approval of the account162-39
amount of162-40
the trustee on162-41
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 the163-2
to approve a final accounting, the testamentary trustee shall deliver to each163-3
beneficiary a copy of the account and a notice of the time and place at163-4
which the account will be presented for approval, which163-5
not be earlier than 10 days after the account was filed.163-6
may be accomplished in the same manner as with regard to the service of163-7
papers on the intermediate accounting. The notice163-8
beneficiaries of the amount of163-9
to be requested by the trustee163-10
approval of the account, and the amount of other fees which the court will163-11
then be requested to allow.163-12
Sec. 531. NRS 165.090 is hereby amended to read as follows: 165.090 1. Except as provided in subsection 2, when an intermediate163-14
or final account is presented for consideration in court , the testamentary163-15
trustee163-16
163-17
163-18
163-19
163-20
163-21
163-22
163-23
163-24
163-25
substantiate payments made163-26
administration of the trust, but shall retain possession of the vouchers and163-27
permit examination thereof by163-28
person interested in the estate.163-29
2. The court on its own motion, or upon application ex parte for163-30
good cause by any interested person, may order production for163-31
examination of vouchers, canceled checks or other documents that163-32
support an account.163-33
3. If any vouchers are lost, or for other good reason cannot be163-34
produced on settlement of an account, the payment may be proved by the163-35
oath of one competent witness. If it is proved that vouchers for a163-36
disbursement have been lost or destroyed, that it is impossible to obtain163-37
duplicates, and that the expenses were paid in good faith and were legal163-38
charges against the testamentary trust, the trustee must be allowed those163-39
expenses.163-40
Sec. 532. NRS 165.100 is hereby amended to read as follows: 165.100163-42
otherwise legally163-43
or unascertained beneficiaries , may be represented in a testamentary trust164-1
accounting by164-2
living members of the class to which they do or would belong, or by a164-3
guardian ad litem, as the court deems164-4
beneficiary is unknown, or there is doubt as to the existence of one or more164-5
persons as beneficiaries, the court shall make such provision for service of164-6
notice and representation on the accounting as it believes proper.164-7
Sec. 533. NRS 165.110 is hereby amended to read as follows: 165.110 On or before the164-9
164-10
final account , the testamentary trustee shall file an affidavit or certificate164-11
proving the timely delivery to the known beneficiaries of the documents164-12
required by this chapter or by court order. The procedure as to filing of164-13
objections, examination of the trustee and other witnesses, inspection of164-14
the trust property, adjournments, reference to a master or other164-15
representative of the court, amendment of the account164-16
matters,164-17
164-18
164-19
Sec. 534. NRS 165.120 is hereby amended to read as follows: 165.120 The approval by the court of a testamentary trustee’s account164-21
after due notice and service of papers or representation as provided in this164-22
chapter ,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 and164-25
omissions which are fully and accurately described in the account,164-26
including the then investment of the trust funds. The court may disapprove164-27
the account and surcharge the trustee for any loss caused by a breach of164-28
trust committed by him. The account may be reopened by the court on164-29
164-30
revision, if it later appears that the account is incorrect, either because of164-31
fraud or mistake. Court approvals or disapprovals of intermediate or final164-32
accounts shall be deemed final judgments insofar as the right of appeal is164-33
concerned. No account164-34
than 1 year after its approval. No beneficiary may move for the reopening164-35
of any account because of fraud more than 90 days after he discovers the164-36
existence of the fraud.164-37
Sec. 535. NRS 165.135 is hereby amended to read as follows: 165.135 The trustee of164-39
often than annually, furnish to each beneficiary who is currently entitled to164-40
receive income pursuant to the terms of the trust , to each residuary164-41
beneficiary who is then living, to each specific beneficiary then living164-42
who has not received complete distribution, and to any surety on the bond164-43
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 the165-4
dates and sources of acquisition;165-5
(b) Investments collected, sold or charged off during the accounting165-6
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 the165-10
date and purpose of each; and165-11
(e) The trust principal, invested or uninvested, on hand at the end of the165-12
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, and165-15
in what form held;165-16
(b) Trust income received during the accounting period, when165-17
from what source;165-18
(c) Trust income paid out during the accounting period, when, to whom165-19
165-20
(d) Trust income on hand at the end of the accounting period165-21
how invested;165-22
4. A statement of any unpaid claims with the reason for failure to pay165-23
them; and165-24
5. A brief summary of the account.165-25
Sec. 536. NRS 165.150 is hereby amended to read as follows: 165.150 The clerks of the district courts shall severally keep records of165-27
all trust inventories and accounts filed with their respective courts .165-28
165-29
165-30
165-31
that a trustee subject to their respective jurisdictions has failed to perform165-32
any duty placed upon him by this chapter, issue a citation or order to the165-33
trustee requiring him to perform165-34
Sec. 537. NRS 165.180 is hereby amended to read as follows: 165.180165-36
does not abridge the power of any court of competent jurisdiction to165-37
require testamentary or nontestamentary trustees to file an inventory, to165-38
account, to exhibit the trust property, or to give beneficiaries information165-39
or the privilege of inspection of trust records and papers, at times other165-40
than those165-41
165-42
court for cause shown to excuse a trustee from performing any or all of the165-43
duties imposed on him by this chapter.166-1
166-2
voluntarily166-3
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: 165.190167-3
court having jurisdiction over the accountings, as prescribed in this167-4
chapter, for an order requiring the trustee to perform the duties imposed167-5
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 hereby167-11
repealed.
167-12
LEADLINES OF REPEALED SECTIONS132.020 Determination of estates commenced before July 1, 1941;
167-14
repeal of certain statutes. 133.010 "Will" includes "codicil." 133.030 Wills of married women: Disposition of separate and167-17
community property. 134.140 "Right of representation" defined. 134.200 Vesting of wife’s estate when husband dies intestate.167-20
135.070 Chapter not retroactive. 136.080 Nuncupative will: Period of limitation. 136.270 Notice of hearing of petition for probate of foreign will. 138.030 Married woman may be appointed as executrix. 139.020 Married woman as administratrix. 141.150 Appointment of successor executor or administrator:167-26
Death and residence of deceased need not be proved again. 142.120 District judge may cite executor or administrator to show167-28
cause for further security. 148.010 Order of resort to assets for payment of debts or expenses. 148.020 Order of resort for payment of legacies. 148.030 Order of abatement of legacies. 148.040 Contribution between devisees and legatees. 149.110 Authorization of conveyance. 149.120 Petition and notice. 149.130 Hearing and order. 149.140 Effect of decree; execution of conveyance. 149.150 Authorization to exchange: Petition; notice. 150.090 First account: Filing and contents. 150.390 Applicability of provisions.168-1
151.100 Accounting upon final distribution. 151.200 Annual account: Contents. 153.030 Application for accounting: Procedure. 153.040 Petition for instructions as to administration of trust;168-5
notice of hearing. 153.045 Trustee or executor authorized to distribute property and168-7
money in divided or undivided interests and on pro rata or nonpro168-8
rata basis; agreement by beneficiary or authorization by trust or will168-9
required for distribution on nonpro rata basis. 153.110 Vacancy in trusteeship: Appointment of temporary168-11
trustee. 154.050 Deposit of residue less than $2,000 with county treasurer. 163.210 Applicability. 163.240 Applicability. 164.110 Severability. 164.120 Applicability. 165.250 Applicability.~