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

March 4, 1999

____________

Referred to Committee on Judiciary

 

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

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

1-13 and identified therein.

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

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

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

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

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

2-2 concerning the health care of another person.

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

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

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

2-6 transfer;

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

2-8 trust;

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

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

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

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

2-13 transfer at death; and

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

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

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

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

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

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

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

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

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

2-24 more remote descendant.

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

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

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

2-28 or notifying a person of a hearing.

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

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

2-31 that arises before the death of the decedent.

2-32 Sec. 11. "Codicil" means an addition to a will that may modify or

2-33 revoke one or more provisions of the will, or add one or more provisions

2-34 to the will, and is signed with the same formalities as a witnessed or

2-35 holographic will.

2-36 Sec. 12. "Community property" has the meaning ascribed to it in

2-37 NRS 123.220.

2-38 Sec. 13. "Community property with right of survivorship" has the

2-39 incidents ascribed to it in NRS 111.064.

2-40 Sec. 14. "Descendant" includes descendants of all generations. For

2-41 the purposes of this section, the relationship of parent and child at each

2-42 generation is determined by the definitions of "child" and "parent"

2-43 contained in this Title.

3-1 Sec. 15. "Designation of beneficiary" means a governing instrument

3-2 naming a beneficiary of an insurance policy or annuity, of an account

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

3-4 on death, or of a pension, profit-sharing, retirement or similar benefit

3-5 plan or other nonprobate transfer at death.

3-6 Sec. 16. "Devise," used as a noun, means a testamentary disposition

3-7 of real or personal property and, used as a verb, means to dispose of real

3-8 or personal property by will.

3-9 Sec. 17. "Devisee" means a person designated in a will to receive a

3-10 devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in

3-11 the case of a devise to an existing trust or trustee, or to a trustee of a trust

3-12 described by will, the term means the trust or trustee, and not a

3-13 beneficiary of the trust.

3-14 Sec. 18. "Disclaimant" means a person who executes a disclaimer.

3-15 The term includes a beneficiary and his guardian, personal

3-16 representative, general attorney in fact, and special attorney in fact with

3-17 power to disclaim.

3-18 Sec. 19. "Disclaimer" means a written instrument that declines,

3-19 refuses, renounces or disclaims an interest to which a beneficiary would

3-20 otherwise succeed.

3-21 Sec. 20. "Distributee" means a person who has received property of

3-22 a decedent from his personal representative other than as a creditor or

3-23 purchaser. A testamentary trustee is a distributee only to the extent of

3-24 distributed assets or increment thereto remaining in his hands. A

3-25 beneficiary of a testamentary trust to whom the trustee has distributed

3-26 property received from a personal representative is a distributee of the

3-27 personal representative. As used in this section, "testamentary trustee"

3-28 includes a trustee to whom assets are transferred by will to the extent of

3-29 the devised assets.

3-30 Sec. 21. "Estate" includes the property of the decedent or trust

3-31 whose affairs are subject to this Title as it is originally constituted and as

3-32 it exists from time to time during administration.

3-33 Sec. 22. "Estate tax" means federal estate tax, including any interest

3-34 and penalty thereon.

3-35 Sec. 23. "Executor" means a person nominated in a will and

3-36 appointed by the court to execute the provisions of the will and

3-37 administer the estate of the decedent.

3-38 Sec. 24. "Expenses of administration" means funeral expenses and

3-39 expenses actually and properly incurred by a personal representative in

3-40 the administration of an estate, plus the fees of the personal

3-41 representative, any attorney retained by him and any other consultant

3-42 engaged by him.

4-1 Sec. 25. "Family allowance" means the money allocated from the

4-2 estate by the court pursuant to NRS 146.030.

4-3 Sec. 26. "Fiduciary" includes a personal representative, guardian

4-4 and trustee.

4-5 Sec. 27. "Gift" means a gratuitous transfer of property to a recipient

4-6 for less than full market value.

4-7 Sec. 28. "Governing instrument" means:

4-8 1. A deed, will, trust, insurance policy or annuity, designated as

4-9 payable on death;

4-10 2. A security registered as transferable on death;

4-11 3. A pension, profit-sharing, retirement or similar benefit plan;

4-12 4. An instrument creating or exercising a power of appointment or a

4-13 power of attorney; or

4-14 5. A dispositive, appointive or nominative instrument of any similar

4-15 type.

4-16 Sec. 29. "Guardian" means a person who has qualified as the

4-17 guardian of a minor or incapacitated person pursuant to testamentary or

4-18 judicial appointment, but does not include a guardian ad litem.

4-19 Sec. 30. "Heirs" means persons, including the surviving spouse and

4-20 the state, who are entitled by intestate succession to the property of a

4-21 decedent.

4-22 Sec. 31. "Holographic will" means a testamentary document that

4-23 complies with the requirements of NRS 133.090.

4-24 Sec. 32. "Incapacitated person" means a person who is impaired by

4-25 reason of mental illness, mental deficiency, advanced age, disease,

4-26 weakness of mind or any other cause except minority, to the extent of

4-27 lacking sufficient understanding or capacity to make or communicate

4-28 responsible decisions.

4-29 Sec. 33. "Interest" means:

4-30 1. The whole of any property, real or personal, legal or equitable,

4-31 present or future, or any part thereof, or any other estate therein;

4-32 2. A power to appoint, consume, apply or expend property; or

4-33 3. Any other right, power, privilege or immunity relating to property.

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

4-35 creditor, beneficiary and any other person having a property right in or

4-36 claim against a trust estate or the estate of a decedent. The term includes

4-37 a person having priority for appointment as a personal representative

4-38 and other fiduciaries representing interested persons. The meaning as it

4-39 relates to particular persons must be determined according to the

4-40 particular purposes of, and matter involved in, a proceeding.

4-41 Sec. 35. "Intestate," used as a noun, means a decedent who dies

4-42 without leaving a will.

5-1 Sec. 36. "Intestate estate" includes an estate where no will has been

5-2 offered or admitted to probate as the last will and testament and an estate

5-3 where the will does not distribute the entire estate.

5-4 Sec. 37. "Inventory" means the description of assets required by

5-5 NRS 144.040.

5-6 Sec. 38. "Issue" means children, grandchildren or more remote

5-7 lineal descendants.

5-8 Sec. 39. "Joint tenants with right of survivorship" include co-owners

5-9 of property held under circumstances that entitle one or more to the

5-10 whole of the property on the death of the other or others.

5-11 Sec. 40. "Lease" includes an oil, gas or other mineral lease.

5-12 Sec. 41. "Letters" includes letters testamentary, letters of

5-13 administration, letters of administration with will annexed and letters of

5-14 special administration.

5-15 Sec. 42. "Lien" means a charge upon property for the satisfaction of

5-16 a debt, including an obligation not satisfied, a judgment, unpaid taxes

5-17 and an unpaid obligation for materials or labor.

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

5-19 Sec. 44. "Mortgage" means a conveyance, agreement or

5-20 arrangement in which property is encumbered or used as security.

5-21 Sec. 45. "Notice" means information provided pursuant to NRS

5-22 155.010, 155.020 or any other statute requiring advance information of

5-23 an opportunity, obligation or the occurrence of an event.

5-24 Sec. 46. "Oath" means a form of attestation which affirms that the

5-25 taker will faithfully perform the duties of a specified office.

5-26 Sec. 47. "Order" includes a declaration, decree or judgment by a

5-27 court and is a final judgment for all purposes, including an appeal under

5-28 NRS 155.190.

5-29 Sec. 48. "Parent" includes any person entitled to take, or who would

5-30 be entitled to take if the child died without a will, as a parent by intestate

5-31 succession from the child whose relationship is in question and excludes

5-32 any person who is a stepparent, foster parent or grandparent.

5-33 Sec. 49. "Person" includes a natural person, organization,

5-34 government or a governmental subdivision, agency or instrumentality.

5-35 Sec. 50. "Personal representative" includes an executor, an

5-36 administrator, a successor personal representative, a special

5-37 administrator and persons who perform substantially the same function

5-38 under the law governing their status.

5-39 Sec. 51. "Petition" means a verified written request to the court for

5-40 an order.

5-41 Sec. 52. "Probate," used as a noun, means a legal proceeding in

5-42 which the court has jurisdiction to administer, pay out and distribute the

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

6-2 heirs, creditors and others.

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

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

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

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

6-7 therein.

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

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

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

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

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

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

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

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

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

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

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

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

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

6-21 purchase any of the foregoing.

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

6-23 123.130.

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

6-25 includes administration, distribution and closing.

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

6-27 described in the trust instrument.

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

6-29 appointed pursuant to chapter 140 of NRS.

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

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

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

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

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

6-35 succeed a previously appointed personal representative.

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

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

6-38 to this Title.

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

6-40 inheritance tax.

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

6-42 has been offered and admitted to probate.

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

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

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

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

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

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

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

7-7 manner of an express trust.

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

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

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

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

7-12 statement.

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

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

7-15 appointed solely by reason of minority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7-33 testator.

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

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

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

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

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

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

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

7-41 statement or list must contain:

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

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

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

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

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

8-4 (e) The testator’s signature.

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

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

8-7 death.

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

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

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

8-11 dispositions made by the will.

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

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

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

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

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

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

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

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

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

8-21 as follows:

8-22 State of Nevada }

8-23 }ss.

8-24 County of }

8-25 (Date)

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

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

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

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

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

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

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

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

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

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

8-36

8-37 Affiant

8-38

8-39 Affiant

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

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

9-3

9-4 Notary Public

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

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

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

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

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

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

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

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

9-13 [same.] will.

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

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

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

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

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

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

9-20 the law of this state.

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

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

9-23 enact it.

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

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

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

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

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

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

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

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

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

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

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

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

9-36 executed.

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

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

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

9-40 making thereof; and

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

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

10-3 like import; and

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

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

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

10-7 valid.

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

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

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

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

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

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

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

10-15 ascribed to them in NRS 104.8102.]

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

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

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

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

10-20 chapter for the execution of wills.

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

10-22 meanings ascribed to them in NRS 104.8102.

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

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

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

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

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

10-28 or annulment unless otherwise:

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

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

10-31 the decree;] or

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

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

10-34 spouse had died before the testator.

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

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

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

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

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

10-40 or by his direction; or

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

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

10-43 chapter.

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

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

11-3 condition or circumstances of the testator.

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

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

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

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

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

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

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

11-11 reexecuted.

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

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

11-14 any property devised [or bequeathed] in any will previously made [shall not

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

11-16 but such property shall pass] , but the property passes by the devise , [or

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

11-18 for the specific performance or otherwise, against the [devisees or

11-19 legatees,] devisee, as might be had by law against the heirs of the testator, if

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

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

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

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

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

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

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

11-27 charge or encumbrance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12-5 testator had died intestate.

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

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

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

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

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

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

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

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

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

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

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

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

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

12-19 adopted.

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

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

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

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

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

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

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

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

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

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

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

12-31 take the estate so given by the will in the same manner as the devisee [or

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

12-33 Sec. 93. NRS 133.210 is hereby amended to read as follows:

12-34 133.210 Every devise of [land] real property in any will [shall be

12-35 construed to convey] conveys all the estate of the [devisor] testator therein

12-36 which [he] could lawfully [devise,] be devised, unless it [shall clearly

12-37 appear] clearly appears by the will that [he] the testator intended to convey

12-38 a [less] lesser estate.

12-39 Sec. 94. NRS 133.220 is hereby amended to read as follows:

12-40 133.220 Any estate, right or interest in [lands] real property acquired

12-41 by the testator after the making of [his or her will shall pass] a will passes

12-42 thereby in like manner as if it had been acquired [prior to] before the time

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

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

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

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

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

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

13-7 [.] decedent.

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

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

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

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

13-12 NRS.

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

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

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

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

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

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

13-19 2. If:

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

13-21 decedent; and

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

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

13-24 the decedent,

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

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

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

13-28 2. If the provisions of subsection 1 do not apply, the court upon the

13-29 petition of an interested person shall decide whether by preponderance of

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

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

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

13-33 for the purposes of subsection 1.

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

13-35 proceeding under subsection 2.

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

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

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

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

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

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

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

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

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

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

14-3 payment of [his] debts, in the manner provided in NRS 134.040 to 134.120,

14-4 inclusive.

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

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

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

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

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

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

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

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

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

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

14-15 representation.

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

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

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

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

14-20 representation.]

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

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

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

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

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

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

14-27 mother then living.

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

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

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

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

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

14-33 representation.] decedent.

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

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

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

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

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

14-39 then living.

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

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

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

14-43 spouse.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15-20 representation.

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

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

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

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

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

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

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

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

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

15-30 representation.

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

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

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

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

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

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

15-37 Sec. 105. NRS 134.100 is hereby amended to read as follows:

15-38 134.100 If the decedent leaves no surviving [husband or wife,] spouse,

15-39 but there [shall be] is a child or children and the lawful issue of a child or

15-40 children, the estate [shall descend and be distributed to such] goes to the

15-41 child or children and lawful issue of [such] the child or children by right of

15-42 representation as follows: To [such] the child or children , each a [child’s

15-43 part,] share and to the lawful issue of each deceased child, by right of

16-1 representation, the same [part and proportion that its] share that the parent

16-2 would have received [in case] if the parent had been living at the time of

16-3 the [intestate’s death; that is, the lawful issue of any deceased child shall

16-4 receive the part and proportion that its parent would have received had the

16-5 parent been living at the time of the intestate’s death.] death of the

16-6 decedent.

16-7 Sec. 106. NRS 134.110 is hereby amended to read as follows:

16-8 134.110 If the decedent leaves no surviving [husband or wife,] spouse,

16-9 or child or children, but there [be] is the lawful issue of a child or children,

16-10 all [of] the estate [shall descend] desends and must be distributed to the

16-11 lawful issue of [such] the child or children by right of representation, and

16-12 this rule [shall apply] applies to the lawful issue of all such children, and to

16-13 the lawful issue ad infinitum.

16-14 Sec. 107. NRS 134.120 is hereby amended to read as follows:

16-15 134.120 If the [intestate shall leave no husband, or wife,] decedent

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

16-17 to the state for educational purposes.

16-18 Sec. 108. NRS 134.160 is hereby amended to read as follows:

16-19 134.160 Kindred of the half blood [shall] inherit equally with those of

16-20 the whole blood in the same degree, unless the inheritance comes to the

16-21 [intestate] decedent by descent [, devise or gift from some one of his or her

16-22 ancestors,] or devise from an ancestor, in which case all those who are not

16-23 of the blood of [such ancestors shall be] the ancestor are excluded from the

16-24 inheritance.

16-25 Sec. 109. NRS 134.210 is hereby amended to read as follows:

16-26 134.210 Whenever [any wife] one spouse dies intestate, leaving heirs,

16-27 if the [husband] other spouse dies intestate [subsequently to his wife,] after

16-28 the first spouse, without heirs, leaving property, [his] the estate of the

16-29 second spouse to die vests in the heirs of the [wife,] first spouse to die,

16-30 subject to expenses of administration and payment of legal debts against the

16-31 estate.

16-32 Sec. 110. NRS 135.020 is hereby amended to read as follows:

16-33 135.020 Where the title to property or the devolution thereof depends

16-34 upon priority of death and there is [no sufficient] insufficient evidence that

16-35 the persons [have] died otherwise than simultaneously, the property of each

16-36 person [shall] must be disposed of as if [he] that person had survived,

16-37 except as provided otherwise in this chapter.

16-38 Sec. 111. NRS 135.030 is hereby amended to read as follows:

16-39 135.030 Where two or more beneficiaries are designated to take

16-40 successively by reason of survivorship under another person’s disposition

16-41 of property and there is [no sufficient] insufficient evidence that these

16-42 beneficiaries [have] died otherwise than simultaneously the property thus

16-43 disposed of [shall] must be divided into as many equal portions as there are

17-1 successive beneficiaries and these portions [shall] must be distributed

17-2 respectively to those who would have taken in the event that each

17-3 designated beneficiary had survived.

17-4 Sec. 112. NRS 135.040 is hereby amended to read as follows:

17-5 135.040 Where there is [no sufficient] insufficient evidence that two

17-6 joint tenants or [tenants by the entirety have] spouses holding title to

17-7 community property with right of survivorship died otherwise than

17-8 simultaneously , the property so held [shall] must be distributed one-half as

17-9 if one had survived and one-half as if the other had survived. If there are

17-10 more than two joint tenants and all of them have so died, the property thus

17-11 distributed [shall] must be in the proportion that one bears to the whole

17-12 number of joint tenants.

17-13 Sec. 113. NRS 135.050 is hereby amended to read as follows:

17-14 135.050 Where the insured and the beneficiary in a policy of life or

17-15 accident insurance have died and there is [no sufficient] insufficient

17-16 evidence that they [have] died otherwise than simultaneously , the proceeds

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

17-18 beneficiary.

17-19 Sec. 114. NRS 135.060 is hereby amended to read as follows:

17-20 135.060 Except as otherwise provided in NRS 135.050 or in a

17-21 premarital agreement between [the husband and wife] spouses which is

17-22 enforceable pursuant to chapter 123A of NRS, where [a husband and wife]

17-23 both spouses have died, leaving community property, and there is [no

17-24 sufficient] insufficient evidence that they [have] died otherwise than

17-25 simultaneously, one-half of all the community property must be distributed

17-26 as if [the husband] one spouse had survived and the other one-half thereof

17-27 must be distributed as if the [wife] other spouse had survived.

17-28 Sec. 115. NRS 135.080 is hereby amended to read as follows:

17-29 135.080 This chapter [shall] does not apply in the case of wills, living

17-30 trusts, deeds, or contracts [of insurance wherein] in which provision has

17-31 been made for distribution of property different from the provisions of this

17-32 chapter.

17-33 Sec. 116. NRS 136.010 is hereby amended to read as follows:

17-34 136.010 1. Wills may be proved and letters [testamentary or letters of

17-35 administration] granted in the county [of which the deceased] where the

17-36 decedent was a resident at the time of death, whether death occurred in that

17-37 county or elsewhere, and the district court of that county [shall have] has

17-38 exclusive jurisdiction of the settlement of such estates, whether the estate is

17-39 in one or more counties.

17-40 2. The estate of a nonresident decedent may be settled by the district

17-41 court of any county [wherein] in which any part of the estate [may be.] is

17-42 located. The district court to which application [shall first be made shall

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

18-2 nonresidents.

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

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

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

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

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

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

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

18-10 trustee in the will.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19-3 court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19-26 state.

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

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

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

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

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

19-32 issued.

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

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

19-35 must state:

19-36 (a) The jurisdictional facts;

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

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

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

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

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

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

19-43 (d) The character and estimated value of the property of the estate; [and]

20-1 (e) The name of the person for whom letters [testamentary are prayed.]

20-2 are requested, and that the person has never been convicted of a felony;

20-3 and

20-4 (f) The name of any devisee who is deceased.

20-5 2. No defect of form or in the statement of jurisdictional facts actually

20-6 existing voids the probate of a will.

20-7 Sec. 124. NRS 136.100 is hereby amended to read as follows:

20-8 136.100 1. [All petitions] A petition for the probate of a will and for

20-9 the issuance of letters must be signed by the party petitioning, or the

20-10 attorney for the petitioner, and filed with the clerk of the court, who shall

20-11 set the petition for hearing.

20-12 2. [Notice must be given as] The petitioner shall give notice of the

20-13 hearing for the period and in the manner provided in NRS 155.020 to the

20-14 heirs of the testator and the devisees [and legatees] named in the will, to all

20-15 persons named as [executors] personal representatives who are not

20-16 petitioning and to the administrator of the welfare division of the

20-17 department of human resources . [, and must state the filing of the petition,

20-18 the object, and the time for proving the will.] The notice must be

20-19 substantially in the form provided in that section.

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

20-21 136.120 If a petition for probate is presented by any person other than

20-22 the [one] personal representative named in the will , [to execute it,] or if it

20-23 is presented by [one of several of such persons] fewer than all of the

20-24 personal representatives named in the will, [citation shall issue and] the

20-25 petition must be served upon [such] the personal representatives not

20-26 joining in the petition . [, if resident within the county. The citation shall be

20-27 served at least 5 days before the hearing.]

20-28 Sec. 126. NRS 136.150 is hereby amended to read as follows:

20-29 136.150 1. If no person [shall appear] appears to contest the probate

20-30 of a will , the court may admit it to probate on the testimony of only one of

20-31 the subscribing witnesses, if [such testimony shall show] that testimony

20-32 shows that the will was executed in all particulars as required by law, and

20-33 that the testator [or testatrix] was of sound mind and had attained the age

20-34 of 18 years at the time of its execution.

20-35 2. [In all cases where the witness resides at a distance of more than 25

20-36 miles from the place where the court is held, the] An ex parte affidavit of

20-37 the witness, showing that the will was executed in all particulars as required

20-38 by law, and that the testator [or testatrix] was of sound mind and had

20-39 attained the age of 18 years at the time of its execution, [shall] must be

20-40 received in evidence and [have] has the same force and effect as if the

20-41 witness [was] were present and testified orally.

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

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

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

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

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

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

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

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

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

21-10 taken before the court.

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

21-12 as set forth in NRS 133.050.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21-28 necessary to admit the will to probate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22-2 available.

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

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

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

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

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

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

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

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

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

22-12 persons.] them.

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

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

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

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

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

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

22-19 it to probate, certified by the clerk in whose custody it may be, [shall] must

22-20 be received in evidence and be as effectual in all cases as the original will

22-21 would be if proved.

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

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

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

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

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

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

22-28 wills in other cases.

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

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

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

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

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

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

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

22-36 recorded.

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

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

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

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

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

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

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

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

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

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

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

23-6 credible witnesses.

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

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

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

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

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

23-12 be attached to the order.

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

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

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

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

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

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

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

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

23-21 136.260 1. A will duly proved, allowed and admitted to probate

23-22 outside of this state may be admitted to probate and recorded in the proper

23-23 court of any county in this state in which the testator [shall have] left any

23-24 estate.

23-25 2. When a copy of the will and the order admitting it to probate ,

23-26 [thereof,] duly certified, [shall be] are presented by the executor, [his

23-27 nominee, or by any other person interested in the will,] a nominee or any

23-28 other interested person, with a petition for probate, the [same] order and

23-29 copy must be filed , and the clerk shall set a time [must be appointed] for a

23-30 hearing thereon , and notice must be given as required by law on a petition

23-31 for the original probate of a domestic will [.] pursuant to NRS 136.100.

23-32 3. If, upon the hearing, it appears to the satisfaction of the court that

23-33 the will has been duly proved and admitted to probate outside [of] this

23-34 state, and that it was executed according to the law of the place in which

23-35 [the same] it was made, or in which the testator was at the time domiciled,

23-36 or in conformity with the laws of this state, it must be admitted to probate [,

23-37 which probate shall have] with the same force and effect as the original

23-38 probate of a domestic will.

23-39 4. [When a duly] If a certified copy of a will from any jurisdiction

23-40 where probate is not required by the laws of that jurisdiction, with the

23-41 certificate of the legal custodian of the original will that the [same] certified

23-42 copy is a true copy [,] and that the will has become operative by the laws of

23-43 that jurisdiction, [and when] or a copy of a notarial will in possession of a

24-1 notary in a foreign jurisdiction entitled to the custody [thereof (] of the will

24-2 and required by the laws of [which jurisdiction require that the will remain

24-3 in the custody of the notary),] that jurisdiction to retain custody of it, duly

24-4 certified by the notary, is presented by the [executor,] personal

24-5 representative, his nominee [, or other persons] or another interested

24-6 person to the proper court in this state, the [court shall appoint] clerk shall

24-7 set a time [and place of] for a hearing thereon, and notice [thereof shall]

24-8 must be given as [in case of an original will presented for probate.]

24-9 required by law on a petition for the original probate of a domestic will.

24-10 5. If it [appear] appears to the court that the [instrument ought to] will

24-11 should be admitted to probate in this state, as the last will and testament of

24-12 the [deceased,] decedent, the copy [shall] must be filed [and recorded,]

24-13 with the clerk, and the will [shall have] has the same effect as if originally

24-14 proved and admitted to probate in the court [.] of this state.

24-15 Sec. 137. Chapter 137 of NRS is hereby amended by adding thereto a

24-16 new section to read as follows:

24-17 An appeal from a final order determining the contest of a will is

24-18 governed by the Nevada Rules of Appellate Procedure. A party may make

24-19 any motion after the determination that is provided by the Nevada Rules

24-20 of Civil Procedure.

24-21 Sec. 138. NRS 137.010 is hereby amended to read as follows:

24-22 137.010 1. The attorney general or any interested person ,

24-23 [interested,] including a devisee [or legatee] under a former will, may

24-24 contest the will by filing written grounds of opposition to the probate

24-25 thereof at any time before the hearing of the petition for probate . [, and

24-26 thereupon a citation shall be issued] Personal notice must then be given by

24-27 a citation directed to the heirs of the decedent and to all interested persons

24-28 , [interested in the will,] including minors and [incompetents,]

24-29 incapacitated persons, wherever residing, directing them to plead to the

24-30 contest within 30 days after service of the citation [which shall be made

24-31 personally or by publication in the manner provided by the Nevada Rules

24-32 of Civil Procedure for the service of summons in civil actions.

24-33 2. Any] in the manner provided in NRS 155.050.

24-34 2. A person so served may interpose any defense or objection to the

24-35 contest by any motion authorized by the Nevada Rules of Civil Procedure

24-36 in civil actions. If the motion is granted, the court may allow the contestant

24-37 10 days within which to amend [his] the contest. If the motion is denied,

24-38 the petitioner and [others interested,] other interested persons, within 10

24-39 days after the receipt of written notice thereof, may jointly or separately

24-40 answer the contest. The times [herein mentioned] specified in this section

24-41 may be extended by the court . [or judge.]

25-1 Sec. 139. NRS 137.020 is hereby amended to read as follows:

25-2 137.020 1. [On the trial, the] In the contest, the contestant is plaintiff

25-3 and the petitioner is defendant. The written grounds of opposition [shall]

25-4 constitute a pleading and [be] are subject to the same rules governing

25-5 pleadings as in the case of complaint in [an ordinary] a civil action.

25-6 2. [Any] An issue of fact involving the competency of the decedent to

25-7 make a [last will and testament,] will, the freedom of the decedent at the

25-8 time of the execution of the will from duress, menace, fraud or undue

25-9 influence, the due execution and attestation of the will, or any other

25-10 question substantially affecting the validity of the will, [shall] must be tried

25-11 by the court unless one of the parties demands a jury. The party demanding

25-12 the jury shall advance the jury costs.

25-13 3. Upon the determination of the contest, costs [shall] must be awarded

25-14 in accordance with the provisions of chapter 18 of NRS.

25-15 Sec. 140. NRS 137.030 is hereby amended to read as follows:

25-16 137.030 [On the trial,] In the contest, the testimony as to the

25-17 declaration of a testator [shall be] is admissible if contemporaneous with

25-18 the execution of the will insofar as the [same may relate] will relates to the

25-19 testator’s intention , [of the testator, his] state of mind, [his] feelings,

25-20 competency, and the existence or nonexistence of duress and undue

25-21 influence.

25-22 Sec. 141. NRS 137.040 is hereby amended to read as follows:

25-23 137.040 If the will is contested, all the subscribing witnesses who are

25-24 present in the county and who are of sound mind must be produced and

25-25 examined , [;] or the death, absence or [insanity] incapacity of any of them

25-26 must be satisfactorily shown to the court. If none of the subscribing

25-27 witnesses resides in the county, and the evidence of none of them can be

25-28 produced, the court may admit the evidence of other witnesses to prove the

25-29 due execution of the will [;] and, as evidence of the execution, it may admit

25-30 proof of the handwriting of the testator and of any of the subscribing

25-31 witnesses.

25-32 Sec. 142. NRS 137.060 is hereby amended to read as follows:

25-33 137.060 If the court [shall be] is satisfied upon the proof taken when

25-34 heard by the court, or by the verdict of a jury [in case] if a jury is had, that

25-35 the will was duly executed by [a person] the testator, who was at the time

25-36 of sound and disposing mind and not under duress, menace, undue

25-37 influence or fraudulent representation, the court, by [decree] order in

25-38 writing, shall admit the will to probate . [, whereupon the will and decree

25-39 admitting it to probate shall be recorded together by the clerk in a book to

25-40 be provided for that purpose.]

25-41 Sec. 143. NRS 137.070 is hereby amended to read as follows:

25-42 137.070 The testimony of each subscribing witness who has testified

25-43 must be reduced to writing, signed [by him] in the form of an affidavit or

26-1 deposition and filed [, and shall be] with the court, and is admissible in

26-2 evidence in any subsequent contest of the will if the witness has died or has

26-3 permanently [removed] moved from the state.

26-4 Sec. 144. NRS 137.080 is hereby amended to read as follows:

26-5 137.080 [When] After a will has been admitted to probate , any

26-6 interested person other than a party to a contest before probate [and other

26-7 than] or a person who had actual notice of [such] the previous contest in

26-8 time to have joined therein [,] may, at any time within 3 months after

26-9 [admission of such] the order is entered admitting the will to probate,

26-10 contest the [same] admission or the validity of the will. [For that purpose

26-11 he must file in] The contestant must file with the court in which the will

26-12 was proved a petition [in writing, duly verified, containing his] containing

26-13 the allegations of the contestant against the validity of the will or against

26-14 the sufficiency of the proof, and [praying] requesting that the probate be

26-15 revoked.

26-16 Sec. 145. NRS 137.090 is hereby amended to read as follows:

26-17 137.090 Upon filing the petition, and within the time allowed for filing

26-18 the petition, a citation must be issued, directed to the [executor of the will,

26-19 or the administrator with the will annexed,] personal representative and to

26-20 all the devisees [and legatees] mentioned in the will, and the heirs, so far as

26-21 known to the petitioner, including minors and [incompetents,]

26-22 incapacitated persons, or the personal representative of any such person

26-23 who is dead, directing them to plead to the contest within 30 days after

26-24 service of the citation.

26-25 Sec. 146. NRS 137.100 is hereby amended to read as follows:

26-26 137.100 The citation [shall] must be served and proceedings had

26-27 thereunder as in the case of a contest before probate. If the jury [shall find]

26-28 finds or the court [shall decide] decides that the will is invalid or is not the

26-29 last will of the testator, the court shall enter an order revoking the probate

26-30 of the will and letters testamentary. Thereupon the powers of the [executor

26-31 or administrator with the will annexed cease;] personal representative

26-32 cease, but [he shall not be] the personal representative is not liable for any

26-33 act done in good faith [previous to] before the revocation.

26-34 Sec. 147. NRS 137.110 is hereby amended to read as follows:

26-35 137.110 If the probate is not revoked , the costs of trial must be paid

26-36 by the contestant. If the probate is revoked , the costs must be paid by the

26-37 party who resisted the revocation or out of the property of the decedent, as

26-38 the court may direct [.] in accordance with the provisions of chapter 18 of

26-39 NRS.

26-40 Sec. 148. NRS 137.130 is hereby amended to read as follows:

26-41 137.130 Failure to contest a will does not preclude the subsequent

26-42 probate of a will executed later in point of time than the one [heretofore]

26-43 previously admitted to probate.

27-1 Sec. 149. NRS 138.010 is hereby amended to read as follows:

27-2 138.010 1. If [any will shall have] a will has been admitted to

27-3 probate, the [district] court shall direct letters thereon to issue to the

27-4 [person or persons] personal representative named in the will , [to execute

27-5 the same, who may be competent to discharge the trust, and] who shall

27-6 appear and qualify.

27-7 2. No person has any power as [an executor] a personal representative

27-8 until he qualifies, except that, before letters are issued, he may pay the

27-9 funeral charges and take necessary measures for the preservation of the

27-10 estate.

27-11 Sec. 150. NRS 138.020 is hereby amended to read as follows:

27-12 138.020 1. No person is [competent] qualified to serve as an

27-13 executor [or executrix] who, at the time the will is probated:

27-14 (a) Is under the age of majority;

27-15 (b) Has been convicted of a felony;

27-16 (c) Upon proof, is adjudged by the court [incompetent] disqualified to

27-17 execute the duties of [the trust] executor by reason of drunkenness,

27-18 improvidence [, or want] or lack of integrity or understanding; or

27-19 (d) Is a bank [whose principal place of business is not] not authorized to

27-20 do business in the State of Nevada, unless it associates as coexecutor a

27-21 bank [whose principal place of business is] authorized to do business in

27-22 this state. An out-of-state bank is [competent] qualified to appoint a

27-23 substitute executor , [or executrix,] pursuant to NRS 138.045, without

27-24 forming such an association, but any natural person so appointed [shall]

27-25 must be a resident of this state.

27-26 2. If [any such person be] a disqualified person is named as the sole

27-27 executor [or executrix in any] in a will, or if all persons so named are

27-28 [incompetent, or shall renounce the trust,] disqualified or renounce their

27-29 right to act, or fail to appear and qualify, letters of administration with the

27-30 will annexed [shall] must issue.

27-31 Sec. 151. NRS 138.040 is hereby amended to read as follows:

27-32 138.040 [When] If it appears by the terms of a will that it was the

27-33 intention of the testator to commit the execution [thereof] of the will and

27-34 the administration of [his] the estate of the testator to any person as

27-35 executor, [such] that person, although not named executor, is entitled to

27-36 letters testamentary in like manner as if [he] that person had been named

27-37 executor.

27-38 Sec. 152. NRS 138.045 is hereby amended to read as follows:

27-39 138.045 1. [Any] A person who is named as executor under a will,

27-40 either alone or with another or others, who is [not incompetent by virtue of]

27-41 otherwise qualified to act under NRS 138.020, may appoint a substitute if:

27-42 (a) The person [so] named in the will is unwilling or unable to undertake

27-43 or continue the execution of the will; and

28-1 (b) The testator has not designated an alternate to serve in place of the

28-2 named executor, or [that] alternate designated in the will is unwilling or

28-3 unable to serve.

28-4 2. A person named as alternate executor who is not [incompetent by

28-5 virtue of] disqualified under NRS 138.020 may appoint a substitute if:

28-6 (a) The named alternate is unwilling or unable to undertake or continue

28-7 the execution of the will; and

28-8 (b) A named executor is [incompetent] disqualified or has not

28-9 designated a substitute within 30 days after being notified that the named

28-10 alternate is unwilling or unable to serve.

28-11 3. [Any] A qualified person who alone is named as the executor under

28-12 a will [and is not incompetent] may appoint a coexecutor if:

28-13 (a) The person [so] named is unwilling or unable to undertake or

28-14 continue the sole execution of the will; and

28-15 (b) The testator has not designated an alternate to serve in place of the

28-16 named executor, or that the named alternate is unwilling or unable to serve.

28-17 4. The substitute or coexecutor, unless otherwise disqualified under

28-18 this chapter, is entitled to letters testamentary in like manner as if [he] the

28-19 substitute or coexecutor had been named in the will.

28-20 Sec. 153. NRS 138.050 is hereby amended to read as follows:

28-21 138.050 [When] If the executor named in the will is a corporation or

28-22 national banking association that has sold its business and assets to, or has

28-23 consolidated or merged with, or is in any manner provided by law

28-24 succeeded by , another corporation or national banking association

28-25 authorized and qualified to act as executor, the court may issue letters

28-26 thereon to the successor corporation or association [.] as if the successor

28-27 were named in the will.

28-28 Sec. 154. NRS 138.060 is hereby amended to read as follows:

28-29 138.060 1. [Any person interested in a will] An interested person

28-30 may file objections in writing to the granting of letters testamentary to the

28-31 person or persons named as executors, or any of them, and [such objections

28-32 shall] those objections must be heard and determined by the court.

28-33 2. A petition may also be filed for the issuance of letters of

28-34 administration, with the will annexed, in all proper cases.

28-35 Sec. 155. NRS 138.070 is hereby amended to read as follows:

28-36 138.070 1. No executor of the will of [an executor shall, as such, be]

28-37 a deceased executor, as such, is authorized to administer the estate of the

28-38 first testator, but [,] on the death of the sole or surviving executor [or

28-39 executrix] of any last will, letters of administration with the will annexed of

28-40 the estate of the first testator [or testatrix] left unadministered [shall] must

28-41 be issued. If no executor is named in the will, or if the sole executor or all

28-42 the executors named therein are dead or [incompetent,] incapacitated, or

28-43 neglect or fail to apply for letters, or to appear and qualify, or die after the

29-1 issuance of letters and before the completion of the administration, letters

29-2 of administration with the will annexed [shall] must be granted.

29-3 2. The account of a deceased [executor or administrator] personal

29-4 representative may be [closed, his trust] settled, duties may be terminated,

29-5 and [his bondsmen] sureties may be released of liability subsequently

29-6 incurred, upon the petition of either the attorney who represented [him] the

29-7 deceased personal representative in the probate or administration

29-8 [proceedings] or upon the petition of any of [his bondsmen or] the sureties,

29-9 and upon such notice as the court [shall direct.] directs.

29-10 Sec. 156. NRS 138.080 is hereby amended to read as follows:

29-11 138.080 [When] If all the persons named as executors [shall not be]

29-12 are not appointed by the court, [such as shall be appointed shall] those

29-13 appointed have the same authority to perform every act and discharge

29-14 every [trust] duty required by the will, and their acts [shall be] are effectual

29-15 for every purpose as if all had been appointed . [, and should act together.]

29-16 Sec. 157. NRS 138.090 is hereby amended to read as follows:

29-17 138.090 1. Administrators with the will annexed [shall] have the

29-18 same authority as the executor named in the will would have had if [he

29-19 should have] the executor had qualified, and their acts [shall be] are as

29-20 effectual for every purpose, but if the power or authority conferred upon

29-21 the executor is discretionary, and is not conferred by law, it [shall not be

29-22 deemed to be] is not conferred upon an administrator with the will annexed.

29-23 2. Persons and their nominees and appointees are entitled to

29-24 appointment as administrators with the will annexed in the same order of

29-25 priority as in the appointment of administrators, except that, as to foreign

29-26 letters, [a person who is interested in the will] an interested person has

29-27 priority over one who is not.

29-28 Sec. 158. NRS 139.010 is hereby amended to read as follows:

29-29 139.010 No person [shall be] is entitled to letters of administration [:

29-30 1. Who shall be] who:

29-31 1. Is under the age of majority; [or

29-32 2. Who shall have]

29-33 2. Has been convicted of a felony; [or

29-34 3. Who, upon proof, shall be]

29-35 3. Upon proof, is adjudged by the court [incompetent to execute the

29-36 duties of the trust] disqualified by reason of drunkenness, improvidence [,

29-37 or want] or lack of integrity or understanding; or

29-38 4. [Who is] Is not a resident of the State of Nevada or which, in the

29-39 case of a banking corporation, [does not have its principal place of] is not

29-40 authorized to do business in this state or does not associate as

29-41 coadministrator a banking corporation [whose principal place of business

29-42 is] authorized to do business in this state.

30-1 Sec. 159. NRS 139.030 is hereby amended to read as follows:

30-2 139.030 The surviving partner of a decedent must not be appointed

30-3 administrator of the estate if any interested person [interested in the estate]

30-4 objects to [his] the appointment.

30-5 Sec. 160. NRS 139.040 is hereby amended to read as follows:

30-6 139.040 1. Administration of the intestate estate of a [person dying

30-7 intestate shall] decedent must be granted to [some] one or more of the

30-8 persons [hereinafter mentioned, and they shall be] mentioned in this

30-9 section, and they are respectively entitled to priority for appointment in

30-10 the following order:

30-11 (a) The surviving [husband or wife.] spouse.

30-12 (b) The children.

30-13 (c) The father or the mother.

30-14 (d) The brother or the sister.

30-15 (e) The grandchildren.

30-16 (f) Any other of the kindred entitled to share in the distribution of the

30-17 estate.

30-18 (g) Creditors who have become such during the lifetime of the deceased.

30-19 (h) The public administrator.

30-20 (i) Any of the kindred not above enumerated, within the fourth degree of

30-21 consanguinity.

30-22 (j) Any person or persons legally [competent.] qualified.

30-23 2. A person in each of the foregoing classes is entitled:

30-24 (a) To appointment, if [such person] he is a resident of the State of

30-25 Nevada or is a banking corporation [whose principal place of business is]

30-26 which is authorized to do business in this state or which associates as

30-27 coadministrator a banking corporation [whose principal place of business

30-28 is] authorized to do business in this state.

30-29 (b) To nominate a resident of the State of Nevada or a qualified banking

30-30 corporation for appointment, whether or not the nominator is a resident of

30-31 the State of Nevada or a qualified banking corporation. The nominee [shall

30-32 have] has the same priority as [his nominator. Such] the nominator. That

30-33 priority is independent of the residence or corporate qualification of the

30-34 nominator.

30-35 Sec. 161. NRS 139.050 is hereby amended to read as follows:

30-36 139.050 Administration may be granted upon petition to one or more

30-37 [competent] qualified persons, although not otherwise entitled to [the

30-38 same,] serve, at the written request of the person entitled, filed in the court.

30-39 Sec. 162. NRS 139.080 is hereby amended to read as follows:

30-40 139.080 Letters of administration may be granted to any [applicant,

30-41 though it appear] petitioner, even if it appears that there are other persons

30-42 having [better rights to the administration, when such] priority for

31-1 appointment, if the latter fail to appear and claim the issuance of letters to

31-2 themselves [.] after receiving due notice of the proceeding.

31-3 Sec. 163. NRS 139.090 is hereby amended to read as follows:

31-4 139.090 1. A petition for letters of administration must be in writing,

31-5 signed by the [applicant or his counsel,] petitioner or the attorney for the

31-6 petitioner and filed with the clerk of the court, and must state:

31-7 (a) The jurisdictional facts;

31-8 (b) The names [, ages and post office] and addresses of the heirs of the

31-9 decedent and their relationship to the decedent, so far as known to the

31-10 [applicant;] petitioner, and the age of any who is a minor;

31-11 (c) The character and estimated value of the property of the estate; and

31-12 (d) That the [applicant] person to be appointed as administrator has

31-13 never been convicted of a felony.

31-14 2. No defect of form or in the statement of jurisdictional facts actually

31-15 existing voids an order appointing an administrator or any of the

31-16 subsequent proceedings.

31-17 Sec. 164. NRS 139.100 is hereby amended to read as follows:

31-18 139.100 The clerk shall set the petition for hearing, and notice must be

31-19 given to the heirs of the decedent [named in the petition] and to the

31-20 administrator of the welfare division of the department of human resources

31-21 as provided in NRS 155.020. The notice must state the filing of the

31-22 petition, the object and the time for hearing.

31-23 Sec. 165. NRS 139.110 is hereby amended to read as follows:

31-24 139.110 [Any person] An interested person may contest the

31-25 [application] petition by filing a written opposition [thereto] on the ground

31-26 [of the incompetency of the applicant,] that the petitioner is not qualified

31-27 or may assert [his] the contestant’s own right to the administration and

31-28 [pray] request that letters be issued to [himself.] the contestant. In the

31-29 latter case, [he] the contestant must file a petition and give the notice

31-30 required for the original petition, and the court must hear the two petitions

31-31 together.

31-32 Sec. 166. NRS 139.120 is hereby amended to read as follows:

31-33 139.120 Before letters are granted , the fact of death [, which may be

31-34 proved by affidavit when the death took place outside of the state,] and that

31-35 the decedent died intestate, and that notice has been given as required in

31-36 this chapter, must be proved by the evidence of the [applicant] petitioner or

31-37 others . [; and the] The court may also examine the [applicant] petitioner or

31-38 any other person concerning the time, place and manner of death, the place

31-39 of the decedent’s residence at the time [,] of death, the character and value

31-40 of his property, and whether or not the decedent left [any] a will, and the

31-41 court may compel any person to attend as a witness for that purpose.

32-1 Sec. 167. NRS 139.130 is hereby amended to read as follows:

32-2 139.130 An entry in the minutes or in the written order appointing the

32-3 administrator [, signed by the judge,] that proof was made and that notice

32-4 had been given according to law [shall be] is conclusive evidence of the

32-5 fact of such notice.

32-6 Sec. 168. NRS 139.140 is hereby amended to read as follows:

32-7 139.140 When letters of administration have been granted to any

32-8 [other] person other than the surviving [husband or wife, or his or her]

32-9 spouse or the spouse’s nominee, or the child, [the] father, mother, brother

32-10 or sister of the [intestate,] decedent, any one of them , if otherwise

32-11 qualified, may obtain the revocation of the letters by presenting to the

32-12 [district] court a petition [praying] requesting the revocation, and that

32-13 letters of administration be issued to [him or her.] the petitioner.

32-14 Sec. 169. NRS 139.150 is hereby amended to read as follows:

32-15 139.150 1. [When such] If a petition for revocation is filed, [the

32-16 clerk shall give] notice [,] must be given as in the case of an original

32-17 [application, and shall issue] petition, and the petitioner shall serve a

32-18 citation [to] on the administrator to appear and answer the petition at the

32-19 time appointed for the hearing. The citation must be served on the

32-20 administrator in accordance with NRS 155.050 at least 10 days before

32-21 the date of the hearing.

32-22 2. At the time appointed, upon proof that the citation, together with a

32-23 copy of the petition, has been duly served and notice given as [above

32-24 required,] required in subsection 1, the court shall take evidence upon the

32-25 petition, and if the right of the [applicant] petitioner is established, and he

32-26 is [competent,] qualified, letters of administration [shall] must be granted

32-27 to him and the letters of the former administrator revoked. The former

32-28 administrator shall promptly file an accounting in accordance with NRS

32-29 150.080.

32-30 Sec. 170. NRS 139.160 is hereby amended to read as follows:

32-31 139.160 The surviving spouse, or nominee of the surviving spouse,

32-32 when letters of administration have been granted to a child, parent, brother

32-33 or sister of the [intestate;] decedent, or any of [such] those relatives, when

32-34 letters have been granted to any other of them, may assert [his] the prior

32-35 right [,] of the spouse or nominee, and obtain letters of administration, and

32-36 have the previous letters [before granted] revoked in the manner prescribed

32-37 in NRS 139.150.

32-38 Sec. 171. NRS 139.170 is hereby amended to read as follows:

32-39 139.170 The court [, in its discretion,] may refuse to grant letters of

32-40 administration as provided in this chapter to any person or to the nominee

32-41 of any person who had actual notice of the first [application] petition and

32-42 an opportunity to contest [the same.] it.

33-1 Sec. 172. NRS 140.010 is hereby amended to read as follows:

33-2 140.010 The [district judge] court shall appoint a special administrator

33-3 to collect and take charge of the estate of the [deceased,] decedent, in

33-4 whatever county or counties the [same] estate may be found, and to

33-5 exercise such other powers as may be necessary to preserve the estate:

33-6 1. [When there shall be] If there is a delay in granting letters

33-7 testamentary or letters of administration, from any cause.

33-8 2. [When] If letters are granted irregularly.

33-9 3. [When] If no sufficient bond is filed as required by [law.] the court.

33-10 4. [When] If no petition is filed for letters.

33-11 5. [When] If an executor or administrator dies or is suspended or

33-12 removed, and the circumstances of the estate require the immediate

33-13 appointment of a personal representative.

33-14 6. If there may be no assets subject to administration but good cause

33-15 exists for the appointment of a personal representative of the decedent.

33-16 7. In any other proper case.

33-17 Sec. 173. NRS 140.020 is hereby amended to read as follows:

33-18 140.020 1. The appointment of a special administrator may be made

33-19 at chambers [,] or in open court, and without notice or upon such notice to

33-20 such [of the persons interested in the estate] interested persons as the court

33-21 [or judge may deem] deems reasonable, and [shall] must be made by entry

33-22 upon the minutes of the court or by written order signed and filed, which

33-23 [shall] must specify the powers to be exercised by the special administrator.

33-24 2. Upon the filing of the order , [being entered,] and after the person

33-25 appointed has given bond [as] if fixed by the [judge,] court, the clerk shall

33-26 issue special letters of administration, with a [certified] copy of the order

33-27 attached . [, to the person appointed.]

33-28 3. In making the appointment of a special administrator , the [district

33-29 judge shall] court may give preference to the person or persons entitled to

33-30 letters testamentary or letters of administration, but no appeal [shall be

33-31 allowed] may be taken from the appointment.

33-32 Sec. 174. NRS 140.030 is hereby amended to read as follows:

33-33 140.030 Before letters issue to a person as a special administrator [he]

33-34 , the person must:

33-35 1. Give bond in such sum as the court [or judge may direct,] directs,

33-36 with sureties to the satisfaction of the court , [or judge,] conditioned for the

33-37 faithful performance of [his duties ;] the duties, unless the court waives

33-38 bond; and

33-39 2. Take the usual oath [and have the same endorsed on his letters.

33-40 Thereupon the clerk shall issue special letters of administration to him.] of

33-41 office.

34-1 Sec. 175. NRS 140.040 is hereby amended to read as follows:

34-2 140.040 1. A special administrator shall:

34-3 (a) Collect and preserve for the executor or administrator when

34-4 appointed all the goods, chattels and [debts] receivables of the deceased,

34-5 and all incomes, rents, issues, profits, claims and demands of the estate.

34-6 (b) Take charge and management of the real property and enter upon

34-7 and preserve it from damage, waste and injury.

34-8 2. A special administrator may:

34-9 (a) For all necessary purposes, commence, maintain or defend [suits]

34-10 actions and other legal proceedings as [an administrator.] a personal

34-11 representative.

34-12 (b) Without prior order of the court, sell any perishable property of the

34-13 estate, as provided in NRS 148.170.

34-14 (c) Exercise such other powers as [may] have been conferred [upon him]

34-15 by the order of appointment.

34-16 (d) Obtain leave of the court to borrow money or to lease or mortgage

34-17 [or execute a deed of trust upon] real property in the same manner as [a

34-18 general] an executor or administrator.

34-19 3. A special administrator is not liable:

34-20 (a) To [an action by] any creditor on any claim against the estate; or

34-21 (b) [To pay] For any claim against the deceased except [for] a claim

34-22 involving wrongful death, personal injury or property damage [where] if

34-23 the estate contains no assets other than a policy of liability insurance.

34-24 Sec. 176. NRS 140.050 is hereby amended to read as follows:

34-25 140.050 1. If any property in [charge] the control or possession of a

34-26 special administrator is subject to a mortgage [, lien or deed of trust,] or

34-27 lien to secure the payment of money, and there is danger that the holder of

34-28 the security may enforce or foreclose the [same,] encumbrance, and the

34-29 value of the property exceeds [in value] the amount of the obligation

34-30 thereon, then, upon petition of the special administrator or [of anyone

34-31 interested in the estate] an interested person and upon such notice as the

34-32 court [or judge shall deem] deems proper, the court [or judge] may

34-33 authorize or direct the special administrator to [pay the interest due] make

34-34 one or more payments on all or any part of the amount so secured.

34-35 2. The order may also direct that interest not yet accrued be paid as it

34-36 becomes due, and the order shall remain in effect and cover such future

34-37 interest unless and until for good cause set aside or modified by the court

34-38 upon petition and notice, in the same manner as [a general] an executor or

34-39 administrator.

34-40 Sec. 177. NRS 140.060 is hereby amended to read as follows:

34-41 140.060 1. [When] If a special administrator is appointed pending

34-42 determination of a contest of a will instituted [prior to the probate thereof,]

34-43 before it is admitted to probate, or pending an appeal from an order

35-1 appointing, suspending or removing an executor or administrator, the

35-2 special administrator [shall have] has the same powers, duties and

35-3 obligations as [a general] an executor or administrator, and the letters of

35-4 administration issued to him [shall] must recite that the special

35-5 administrator is appointed with [the powers of a general administrator.]

35-6 those powers.

35-7 2. If a special administrator has been appointed, and thereafter a

35-8 proceeding to contest a will [prior to the probate thereof] before it is

35-9 admitted to probate has been instituted, the court shall [make] enter an

35-10 order [providing that] granting to the special administrator [shall thereafter

35-11 have] the additional powers, duties and obligations of [a general] an

35-12 executor or administrator and requiring [that he give] such additional bond

35-13 as the court deems proper. The order is not appealable . [, and from the

35-14 time of the approving and filing of any additional bond as may be required,

35-15 the special administrator shall have the powers, duties and obligations of a

35-16 general administrator.]

35-17 Sec. 178. NRS 140.070 is hereby amended to read as follows:

35-18 140.070 [When] If letters testamentary or letters of administration

35-19 [shall be granted on the estate of the deceased,] are granted, the powers of

35-20 [the] a special administrator [shall] cease, and [he shall forthwith] the

35-21 special administrator shall immediately deliver to the executor or

35-22 administrator all the property and effects of the deceased in [his hands,] the

35-23 possession of the special administrator and the executor or administrator

35-24 may prosecute to final judgment any [suit] action commenced by the

35-25 special administrator.

35-26 Sec. 179. NRS 140.080 is hereby amended to read as follows:

35-27 140.080 [The] A special administrator shall also render an account,

35-28 under oath, of [his] the proceedings in like manner as other administrators

35-29 are required to do , [;] but if a person serving as special administrator is

35-30 appointed the succeeding [general] administrator or the executor, the

35-31 accounting otherwise due from [him as] the special administrator may be

35-32 included in [his] the first accounting as [general] administrator or executor.

35-33 Sec. 180. Chapter 141 of NRS is hereby amended by adding thereto

35-34 the provisions set forth as sections 181 and 182 of this act.

35-35 Sec. 181. Letters of special administration may be in substantially

35-36 the following form, after properly entitling the court:

35-37 In the Matter of the Estate of )

35-38 ) Case No.

35-39 )

35-40 deceased. ) Letters of Special Administration

35-41 )

36-1 On _____ (day) _____ (month) _____ (year), the court entered an order

36-2 (admitting the decedent’s will to probate and) appointing       (name)      

36-3 as special administrator of the decedent’s estate. The order includes:

36-4 [ ] a directive for the establishment of a blocked account for sums in

36-5 excess of $__;

36-6 [ ] a directive for the posting of bond in the sum of $___; or

36-7 [ ] a directive for both the establishment of a blocked account for

36-8 sums in excess of $___ and the posting of bond in the sum of $___.

36-9 The special administrator, after being duly qualified, may act and has

36-10 the authority and duties of special administrator.

36-11 In testimony of which, I have this date signed these letters and affixed

36-12 the seal of the court.

36-13 CLERK OF THE COURT

36-14 By

36-15 Deputy Clerk (date)

36-16 OATH

36-17 I, ______________________________________, whose mailing

36-18 address is __________________________________________, solemnly

36-19 affirm that I will faithfully perform according to law the duties of special

36-20 administrator, and that all matters stated in any petition or paper filed

36-21 with the court by me are true of my own knowledge or, if any matters are

36-22 stated on information and belief, I believe them to be true.

36-23

36-24 Special Administrator

36-25 SUBSCRIBED AND AFFIRMED before me this _____ day
36-26 of ______________, ____.

36-27 CLERK OF COURT

36-28 By

36-29 Deputy Clerk

36-30 (or)

36-31 NOTARY PUBLIC

36-32 County of __________ State of

36-33 Sec. 182. After receipt of notice of a proceeding to suspend or

36-34 remove a person as personal representative, the person shall not act

36-35 except to account, correct malfeasance or misfeasance of administration,

36-36 or preserve the estate. If removal is ordered, the court shall also order the

36-37 disposition or transfer of the assets remaining in the name or under the

36-38 control of the personal representative being removed.

36-39 Sec. 183. NRS 141.010 is hereby amended to read as follows:

36-40 141.010 Letters testamentary, letters of administration with the will

36-41 annexed, letters of special administration, and letters of administration

37-1 [shall] must be signed by the clerk and [shall be] under the seal of the

37-2 court.

37-3 Sec. 184. NRS 141.020 is hereby amended to read as follows:

37-4 141.020 Letters testamentary may be in substantially the following

37-5 form , [(] after properly entitling the court [and cause): "The last will of

37-6 ................, deceased, having been duly admitted to probate in our court,

37-7 ................, who is named therein, was by our court on the ..... day of ........,

37-8 ........, duly appointed executor, who, having qualified as such, is hereby

37-9 authorized to act by virtue thereof. In testimony whereof, I have officially

37-10 signed these letters and affixed hereto the seal of the court, this ..... day of

37-11 ........, ........"] :

37-12 In the Matter of the Estate of )

37-13 ) Case No.

37-14 )

37-15 deceased. ) Letters Testamentary

37-16 )

37-17 On _____ (day) _____ (month) _____ (year), the court entered an

37-18 order admitting the decedent’s will to probate and appointing

      (name)       as executor of the decedent’s estate. The order includes:

37-19 [ ] a directive for the establishment of a blocked account for sums in

37-20 excess of $___; or

37-21 [ ] a directive for the posting of a bond in the sum of $_____, or both.

37-22 The executor, after being duly qualified, may act and has the authority

37-23 and duties of an executor.

37-24 In testimony of which, I have this date signed these letters and affixed

37-25 the seal of the court.

37-26 CLERK OF THE COURT

37-27 By

37-28 Deputy Clerk (date)

37-29 OATH

37-30 I,____________________________________, whose mailing address

37-31 is _______________________________________, solemnly affirm that I

37-32 will faithfully perform according to law the duties of executor, and that

37-33 all matters stated in any petition or paper filed with the court by me are

37-34 true of my own knowledge or, if any matters are stated on information

37-35 and belief, I believe them to be true.

37-36

37-37 Executor

37-38 SUBSCRIBED AND AFFIRMED before me this ______ day
37-39 of ______________, ____.

38-1 CLERK OF COURT

38-2 By

38-3 Deputy Clerk

38-4 (or)

38-5 NOTARY PUBLIC

38-6 County of __________ State of

38-7 Sec. 185. NRS 141.030 is hereby amended to read as follows:

38-8 141.030 Letters of administration with the will annexed may be in

38-9 substantially [in] the following form , [(] after properly entitling the court

38-10 [and cause): "The last will of ................, deceased, having been duly

38-11 admitted to probate in our court, and there being no executor named in the

38-12 will (or as the case may be), ................ was by our court, on the ..... day of

38-13 ........, ........, duly appointed as administrator with the will annexed, and

38-14 who, having duly qualified as such, is hereby authorized to act by virtue

38-15 thereof. In testimony whereof, I have officially signed these letters and

38-16 affixed hereto the seal of the court, this ..... day of ........, ........"] :

38-17 In the Matter of the Estate of )

38-18 ) Case No.

38-19 )

38-20 deceased. ) Letters of Administration With Will Annexed

38-21 )

38-22 On _____ (day) _____ (month) _____ (year), the court entered an

38-23 order admitting the decedent’s will to probate and appointing

      (name)       as administrator with will annexed of the decedent’s

38-24 estate. The order includes:

38-25 [ ] a directive for the establishment of a blocked account for sums in

38-26 excess of $__;

38-27 [ ] a directive for the posting of bond in the sum of $___; or

38-28 [ ] a directive for both the establishment of a blocked account for

38-29 sums in excess of $___ and the posting of bond in the sum of $___.

38-30 The administrator with the will annexed, after being duly qualified,

38-31 may act and has the authority and duties of administrator with will

38-32 annexed.

38-33 In testimony of which, I have this date signed these letters and affixed

38-34 the seal of the court.

38-35 CLERK OF THE COURT

38-36 By

38-37 Deputy Clerk (date)

39-1 OATH

39-2 I,________________________________________, whose mailing

39-3 address is _________________________________________, solemnly

39-4 affirm that I will faithfully perform according to law the duties of

39-5 administrator with the will annexed, and that all matters stated in any

39-6 petition or paper filed with the court by me are true of my own knowledge

39-7 or, if any matters are stated on information and belief, I believe them to

39-8 be true.

39-9

39-10 Administration With Will Annexed

39-11 SUBSCRIBED AND AFFIRMED before me this ______ (day) of

39-12 ______________(month) of ____(year).

39-13 CLERK OF COURT

39-14 By

39-15 Deputy Clerk

39-16 (or)

39-17 NOTARY PUBLIC

39-18 County of __________ State of

39-19 Sec. 186. NRS 141.040 is hereby amended to read as follows:

39-20 141.040 Letters of administration may be in substantially the following

39-21 form , [(] after properly entitling the court [and cause): "This is to certify

39-22 that, by order of the above-named court and entered on the ..... day of ........,

39-23 ........, ................ was appointed administrat ........ (or special administrat

39-24 .....) of the estate of ................, deceased, by virtue of which these letters

39-25 are issued this ..... day of ........, ........, he having duly qualified. Witness my

39-26 official signature, with the seal of the court affixed."] :

39-27 In the Matter of the Estate of )

39-28 ) Case No.

39-29 )

39-30 deceased. ) Letters of Administration

39-31 )

39-32 On _____ (day) _____ (month) _____ (year), the court entered
39-33 an order appointing       (name)       as administrator of the decedent’s

39-34 estate. The order includes:

39-35 [ ] a directive for the establishment of a blocked account for sums in

39-36 excess of $__;

39-37 [ ] a directive for the posting of bond in the sum of $___; or

39-38 [ ] a directive for both the establishment of a blocked account for

39-39 sums in excess of $___ and the posting of bond in the sum of $___.

39-40 The administrator, after being duly qualified, may act and has the

39-41 authority and duties of administrator.

40-1 In testimony of which, I have this date signed these letters and affixed

40-2 the seal of the court.

40-3 CLERK OF THE COURT

40-4 By

40-5 Deputy Clerk (date)

40-6 OATH

40-7 I,______________________________________, whose mailing

40-8 address is ______________________________________, solemnly

40-9 affirm that I will faithfully perform according to law the duties of

40-10 administrator, and that all matters stated in any petition or paper filed

40-11 with the court by me are true of my own knowledge or, if any matters are

40-12 stated on information and belief, I believe them to be true.

40-13

40-14 Administrator

40-15 SUBSCRIBED AND AFFIRMED before me this ______ (day) of

40-16 ______________ (month) of ____(year).

40-17 CLERK OF COURT

40-18 By

40-19 Deputy Clerk

40-20 (or)

40-21 NOTARY PUBLIC

40-22 County of __________ State of

40-23 Sec. 187. NRS 141.050 is hereby amended to read as follows:

40-24 141.050 If, after granting letters of administration on the ground of

40-25 intestacy, a will of the [deceased shall be] decedent is duly proved and

40-26 allowed by the court, the letters of administration [shall] must be revoked

40-27 and the power of the administrator [shall cease,] ceases, and [he] the

40-28 administrator shall render an account of his administration within such

40-29 time as the court [shall direct.] directs. In such a case, the executor of the

40-30 will, or the administrator with the will annexed, [shall be] is entitled to

40-31 demand, [sue] maintain an action for and collect all the goods, chattels

40-32 and effects of the deceased, remaining unadministered, and may prosecute

40-33 to final judgment any suit commenced by or against the administrator

40-34 before the revocation of [his] that administrator’s letters.

40-35 Sec. 188. NRS 141.060 is hereby amended to read as follows:

40-36 141.060 [In case any] If one of several [executors or administrators]

40-37 personal representatives of the same estate to whom letters [shall] have

40-38 been granted [shall die, become lunatic, be convicted of a felony,] dies,

40-39 becomes incapacitated or disqualified, or otherwise [become] becomes

40-40 incapable of executing the [trust, or, in case] duties of the office, or if the

40-41 letters [testamentary or letters of administration shall be] are revoked or

40-42 annulled according to law with respect to [any one executor or

41-1 administrator,] one personal representative, the remaining [executor or

41-2 administrator] personal representative shall proceed and complete the

41-3 [execution of the will or administration.] administration of the estate.

41-4 Sec. 189. NRS 141.070 is hereby amended to read as follows:

41-5 141.070 If all the [executors or administrators] personal

41-6 representatives die or from any cause become incapable of executing the

41-7 [trust,] duties of their office, or the authority of all of them is revoked or

41-8 annulled according to law, the [district] court shall direct letters [of

41-9 administration with the will annexed, or otherwise, to be issued to the

41-10 surviving husband or wife, next of kin or others, in the same manner as

41-11 directed in relation to original letters of administration. The administrator

41-12 so appointed shall give bond in like penalty, with like sureties and

41-13 conditions as required of administrators, and shall have the same authority.]

41-14 to be issued according to the priority established in NRS 139.040. The

41-15 successor personal representative shall post such bond as the court may

41-16 require.

41-17 Sec. 190. NRS 141.080 is hereby amended to read as follows:

41-18 141.080 [An executor or administrator] A personal representative may

41-19 resign [his] the appointment at any time, by a writing filed [in the district]

41-20 with the court, to take effect upon the settlement of [his] the accounts. If,

41-21 however, by reason of any delay in [such] the settlement or for any other

41-22 cause, the circumstances of the estate or the rights of those interested

41-23 therein require it, the court, at any time after the tendering of the

41-24 resignation, may revoke the letters of [such executor or administrator and

41-25 appoint in his stead an administrator, either special or general, or with the

41-26 will annexed,] the personal representative and appoint a successor

41-27 personal representative in the same manner as is directed in relation to

41-28 original letters . [of administration.] The liability of the [outgoing executor

41-29 or administrator] previous personal representative or of the sureties on [his

41-30 bond shall not in any manner be] the bond of the personal representative is

41-31 not discharged, released or affected by [such] the resignation or

41-32 appointment, but [shall continue until the executor or administrator]

41-33 continues until the personal representative has delivered up all the estate

41-34 to the [person whom the court shall appoint to receive the same.] successor

41-35 and filed an accounting in accordance with NRS 150.080, and the

41-36 accounting has been approved by the court.

41-37 Sec. 191. NRS 141.090 is hereby amended to read as follows:

41-38 141.090 [Whenever a district judge] If a court has reason to believe,

41-39 from [his] its own knowledge or from credible information, that [any

41-40 executor or administrator:] a personal representative:

41-41 1. Has wasted, converted to [his] the personal representative’s own

41-42 use [,] or mismanaged, or is about to waste or convert to [his] the personal

42-1 representative’s own use, the property of the estate committed to [his

42-2 charge; or] the personal representative’s charge;

42-3 2. Has committed or is about to commit any wrong or fraud upon the

42-4 estate; [or]

42-5 3. Has become [incompetent] disqualified to act; [or]

42-6 4. Has wrongfully neglected the estate; or

42-7 5. Has unreasonably delayed the performance of necessary acts in any

42-8 particular as [executor or administrator; he shall,] personal
42-9 representative,

42-10 the court may, by an order entered upon the minutes , [of the court,]

42-11 suspend the powers of the [executor or administrator] personal

42-12 representative until the matter can be investigated [.] , or take such other

42-13 action as it deems appropriate under the circumstances.

42-14 Sec. 192. NRS 141.100 is hereby amended to read as follows:

42-15 141.100 During the suspension of the powers of [an executor or an

42-16 administrator,] a personal representative, as provided in NRS 141.090 [,

42-17 the district court or judge,] and 142.110, the court, if the condition of the

42-18 estate requires , [it,] may appoint a special administrator to take charge of

42-19 [the effects of the estate, who shall give bond and account as other special

42-20 administrators are required to do.] the estate. The special administrator

42-21 must post such bond as the court may require.

42-22 Sec. 193. NRS 141.110 is hereby amended to read as follows:

42-23 141.110 1. [When the suspension has been made,] If an order of

42-24 suspension is entered, the clerk shall issue a citation, reciting the order of

42-25 suspension, to the [executor or administrator] personal representative to

42-26 appear before the court at a time [therein to be] stated, as fixed by the court

42-27 , [or judge,] to show cause why [his] the letters of the personal

42-28 representative should not be revoked.

42-29 2. The citation [shall] must be served [by the sheriff or other person,]

42-30 as provided in [the Nevada Rules of Civil Procedure for service of

42-31 process.] NRS 155.050.

42-32 3. If the [executor or administrator] personal representative has

42-33 absconded or [concealed himself or has removed or absented himself from]

42-34 has left the state, the citation may be served by leaving a copy with [his]

42-35 the personal representative’s attorney of record, if [he is] available, or in

42-36 such manner as the court may direct, and the court [shall have] has

42-37 jurisdiction to proceed as if the citation had been personally served.

42-38 Sec. 194. NRS 141.120 is hereby amended to read as follows:

42-39 141.120 [Any person] An interested person may appear at the hearing

42-40 and file allegations in writing, showing that the [executor or administrator]

42-41 personal representative should be removed. [The allegations shall be heard

42-42 and determined by the court.]

43-1 Sec. 195. NRS 141.130 is hereby amended to read as follows:

43-2 141.130 1. If the [executor or administrator] personal representative

43-3 fails to appear [in obedience to] as required by the citation, or if [he] the

43-4 personal representative appears and the court is satisfied that good grounds

43-5 exist for [his removal, his letters shall] removal, the letters of the personal

43-6 representative must be revoked, and new letters [of administration granted

43-7 anew, as the case may require.] must issue.

43-8 2. In proceedings for the removal of [an executor or administrator,] a

43-9 personal representative, the court may compel [his] the attendance of the

43-10 personal representative by [attachment or other] proper process, and may

43-11 require [him] the personal representative to answer questions, on oath,

43-12 [touching his] relating to the administration, and, upon [his] refusal to do

43-13 so, may commit [him] the personal representative to jail until [he] the

43-14 personal representative obeys or may revoke [his] the letters, or both.

43-15 Sec. 196. NRS 141.140 is hereby amended to read as follows:

43-16 141.140 All acts of [an executor or administrator, as such,] a personal

43-17 representative before the revocation of [his letters testamentary or letters of

43-18 administration, shall be] the letters of the personal representative are as

43-19 valid, [to] for all intents and purposes, as if [he] the personal

43-20 representative had continued lawfully to execute the duties of [his trust.]

43-21 the office.

43-22 Sec. 197. NRS 142.010 is hereby amended to read as follows:

43-23 142.010 1. Before letters [testamentary or letters of administration]

43-24 may be issued to [the executor or administrator he shall] a personal

43-25 representative, the personal representative must take and subscribe an

43-26 oath or affirmation, before a person authorized to administer oaths, that

43-27 [he] the personal representative will perform according to law the duties of

43-28 [executor or administrator.] a personal representative. The oath must be

43-29 filed [and recorded] by the clerk.

43-30 2. The oath of a corporation appointed as [executor or administrator] a

43-31 personal representative may be taken and subscribed by [its president or

43-32 vice president, trust officer, or secretary or treasurer,] an authorized

43-33 representative upon its behalf . [, and the oath of a banking corporation

43-34 may be taken and subscribed by any of the above-named officers, or by its

43-35 cashier, trust officer, assistant trust officer, manager, branch manager or

43-36 other authorized officer.]

43-37 Sec. 198. NRS 142.020 is hereby amended to read as follows:

43-38 142.020 1. [Except as provided in subsection 6, the] The requirement

43-39 of a bond of [an executor, administrator or successor executor or

43-40 administrator] a personal representative is discretionary with the court.

43-41 Whether a bond is expressly required by the will or not, the court may:

43-42 (a) Require a bond if it determines a bond is desirable; or

44-1 (b) Dispense with the requirement of a bond if it determines a bond is

44-2 unnecessary.

44-3 2. The bond must be conditioned so that the [executor or administrator]

44-4 personal representative will faithfully execute the duties of the [trust]

44-5 office according to law, and the bond must be [recorded] filed by the clerk.

44-6 3. Personal assets of an estate may be deposited with a domestic

44-7 [banking or trust corporation] financial institution upon such terms as may

44-8 be prescribed by order of the court having jurisdiction of the estate. The

44-9 deposit is subject to the further order of the court. The bond of the

44-10 [executor or administrator] personal representative may be reduced

44-11 accordingly. The personal representative shall file with the clerk the

44-12 acknowledgment of an authorized representative of the financial

44-13 institution that holds the assets deposited, which may be in the following

44-14 form:

44-15 PROOF OF BLOCKED ACCOUNT

44-16 The undersigned affirms that ____________________________, as

44-17 personal representative of the estate of

44-18 ______________________________, deceased, has established an

44-19 account, number ___, entitled "______," in the amount of $_____.

44-20 The undersigned acknowledges that this account bears a

44-21 blocked/frozen designation, and that no money may be removed without

44-22 first presenting an order from the court authorizing the withdrawal.

44-23 Dated on ___________(date), By:

44-24 Title:

44-25 4. During the pendency of the administration, any person, including a

44-26 creditor, having an interest in [the] an estate whose value exceeds $10,000

44-27 may [make a written demand that the executor, administrator or any

44-28 successor submit a bond. Upon receipt of the demand, the executor,

44-29 administrator or any successor shall refrain from exercising any powers,

44-30 except those necessary to preserve the estate, until the bond is filed. The

44-31 executor, administrator or any successor is not required to file a bond in an

44-32 amount which is greater than the amount of the claim of the person having

44-33 an interest in the estate. The court may, upon the petition of the executor,

44-34 administrator or any successor, dispense with the requirement of a bond.]

44-35 file a petition requesting that the personal representative submit

44-36 additional bond. Upon the filing of the petition, the clerk shall set it for

44-37 hearing, and the petitioner shall give notice for the period and in the

44-38 manner provided in NRS 155.010. Upon hearing the petition, the court

44-39 may require the personal representative to file additional bond in the

45-1 amount of the claim of the petitioner, unless it determines that bond

45-2 should be dispensed with or set in a different amount.

45-3 5. The amount of the bond is the estimated value of all personal

45-4 property plus income for 1 year from both real and personal property,

45-5 unless the amount of the bond is expressly mentioned in the will, changed

45-6 by the court [,] or required pursuant to subsection 4.

45-7 6. If a banking corporation, as defined in NRS 657.016, or trust

45-8 company, as defined in NRS 669.070, doing business in this state is

45-9 appointed [executor or administrator] the personal representative of the

45-10 estate of a [deceased,] decedent, no bond is required [of the executor or

45-11 administrator,] unless otherwise specifically required by the court.

45-12 Sec. 199. NRS 142.030 is hereby amended to read as follows:

45-13 142.030 The bond [shall not be] is not void upon the first recovery, but

45-14 may be sued upon from time to time by any person aggrieved in [his or her]

45-15 that person’s own name until the whole penalty is exhausted.

45-16 Sec. 200. NRS 142.035 is hereby amended to read as follows:

45-17 142.035 If [an executor or administrator] a personal representative is

45-18 required by a court pursuant to the provisions of this [Title] chapter to

45-19 provide security in the form of cash or a bond, stipulation or other

45-20 undertaking with one or more sureties, each surety for that security submits

45-21 [himself] to the jurisdiction of the court which ordered the security, and

45-22 irrevocably appoints the clerk of that court as [his] the agent upon whom

45-23 any papers affecting [his] the surety’s liability on the security may be

45-24 served. The liability of the surety may be enforced on [motion] petition

45-25 without the necessity of an independent action. The [motion] petition and

45-26 such notice of the [motion] hearing upon the petition as the court

45-27 prescribes may be served on the clerk of the court, who shall [forthwith]

45-28 mail copies to the surety [if his address is known.] at the surety’s last

45-29 known address.

45-30 Sec. 201. NRS 142.040 is hereby amended to read as follows:

45-31 142.040 [1. In all cases when bonds are required by this Title,] If a

45-32 bond is required under this chapter, the sureties must justify on oath

45-33 before the [judge] court or clerk [of a court having a seal,] or before a

45-34 notary public, or a justice of the peace of the county, to the effect that they

45-35 are householders, or freeholders, within this state, and worth the amount for

45-36 which they become surety, over and above all just debts and liabilities,

45-37 exclusive of property exempt from execution. The justification must be

45-38 signed by the sureties and certified by the person taking the justification,

45-39 and endorsed on or attached to and filed with the bond.

45-40 [2. Upon filing, the clerk shall enter in the register of actions the date

45-41 and amount of the bond and the name or names of the surety or sureties

45-42 thereon. In the event of the loss of the bond, the entry so made is prima

45-43 facie evidence of the due execution of the bond as required by law.

46-1 3. When the whole penal sum of the bond exceeds $2,000 sureties may

46-2 go thereon for any sum not less than $500, so that the whole be equal to

46-3 two sufficient sureties for the whole penal sum.]

46-4 Sec. 202. NRS 142.050 is hereby amended to read as follows:

46-5 142.050 1. Before [the district judge] a court approves any bond

46-6 required [by this Title he may, of his] under this chapter, it may, on its

46-7 own motion, or at any time after the approval of a bond upon [motion of

46-8 any person interested in the estate,] petition of an interested person,

46-9 supported by affidavit that any one or all of the sureties is or are not worth

46-10 as much as justified to, order a citation to issue, requiring the surety or

46-11 sureties to appear before [him] the court at a particular time and place to

46-12 testify [touching his or their] relating to the property and its value. The

46-13 [judge] court shall, at the time the citation is issued, cause a notice or

46-14 subpoena to issue to the [executor or administrator] personal

46-15 representative requiring his appearance at the return of the citation.

46-16 2. Upon the return of the citation , the [judge must swear] court shall

46-17 question the surety and such witnesses as may be produced [touching]

46-18 concerning the property [and its value] of the surety or sureties [.] and its

46-19 value. If, upon such investigation, the [judge] court is satisfied that the

46-20 bond is insufficient, [he] it may require sufficient additional security within

46-21 such time as [may be reasonable.] it may set.

46-22 Sec. 203. NRS 142.060 is hereby amended to read as follows:

46-23 142.060 If sufficient security is not given within the time fixed by the

46-24 [judge’s] court’s order, or such further time as the [judge may give,] court

46-25 may allow, the right of the [executor or administrator to the administration

46-26 shall cease] personal representative to administer the estate ceases and the

46-27 person next entitled to the administration [on] of the estate, who will

46-28 [execute] post a sufficient bond, [shall] must be appointed to the

46-29 administration.

46-30 Sec. 204. NRS 142.070 is hereby amended to read as follows:

46-31 142.070 [When] If it is expressly provided in the will of a decedent

46-32 that no bond [shall] may be required of the [executor or executrix, letters

46-33 testamentary] personal representative, letters may issue without any bond

46-34 [having been given; but an executor or executrix,] being given, but a

46-35 personal representative to whom letters have been issued without bond [,]

46-36 may, at any time afterward, [whenever it shall be] if it is shown for any

46-37 cause to be necessary or proper, be required to provide and file a bond as in

46-38 other cases.

46-39 Sec. 205. NRS 142.080 is hereby amended to read as follows:

46-40 142.080 1. [Whenever any person interested in an estate shall

46-41 discover] If an interested person discovers that the sureties of [any

46-42 executor or administrator] a personal representative have become or are

46-43 becoming insolvent, or that [they or] any one [have or] of them has

47-1 removed from, or [are or] is about to remove from the state, or that from

47-2 any other cause the bond is insufficient, [such person may apply by petition

47-3 to the district judge praying] the interested person may file a petition with

47-4 the court requesting that further security be given.

47-5 2. If it comes to the knowledge of the [judge] court that the bond is for

47-6 any cause insufficient [he may, of his] , it may, on its own motion, without

47-7 any [application,] petition, require further security.

47-8 3. A personal representative or his counsel, if either becomes aware

47-9 of facts causing a need therefor, shall petition the court for an order ex

47-10 parte increasing a bond to the total appraised value of personal property

47-11 on hand plus 1 year’s estimated income from real and personal property.

47-12 In an accounting, if a bond has been posted, a separate paragraph must

47-13 be included describing the total bond posted, the appraised value of

47-14 personal property on hand plus the estimated annual income from real

47-15 and personal property and a statement of any additional bond thereby

47-16 required.

47-17 Sec. 206. NRS 142.090 is hereby amended to read as follows:

47-18 142.090 1. If the court [or judge] is satisfied from [the] a petition for

47-19 additional bond or otherwise believes that the matter requires

47-20 investigation, a citation must be issued to the [executor or administrator

47-21 requiring him] personal representative requiring the personal

47-22 representative to appear before the [judge] court at a designated time and

47-23 place, to show cause why [he] the personal representative should not give

47-24 further security. The citation must be served on the [executor or

47-25 administrator personally, at least 5 days before the return day. If he has

47-26 absconded or cannot be found, it may be served by leaving a copy of it at

47-27 his residence, or by such publication as the court or judge may order.]

47-28 personal representative pursuant to NRS 155.050.

47-29 2. On the return of the citation or at such other time as the [judge]

47-30 court may appoint, [he] it shall proceed to hear the matter , and if it

47-31 satisfactorily appears that the security, from any cause, is insufficient, [he

47-32 shall make] it shall enter an order requiring the [executor or administrator]

47-33 personal representative to give further security, or to file a new bond in the

47-34 usual form, within a reasonable time, not less than 5 nor more than 30 days.

47-35 Sec. 207. NRS 142.100 is hereby amended to read as follows:

47-36 142.100 If sufficient security or additional security is not given within

47-37 the time fixed by the [judge’s] court’s order , the right of the [executor or

47-38 administrator to the administration shall cease,] personal representative to

47-39 administer the estate ceases, and the person next entitled to administer the

47-40 estate, who will [execute] post a sufficient bond, must be appointed. If

47-41 letters have already been issued to the [executor or administrator, the same

47-42 shall] personal representative, the letters must be revoked and [his

47-43 authority shall thereupon cease.] the authority of the personal

48-1 representative thereupon ceases. The person next entitled to administer the

48-2 estate, who [shall execute] will post a proper bond, [shall] must be

48-3 appointed, upon giving the [same notice required of other executors and

48-4 administrators, as the case may be.] notice required by NRS 155.010.

48-5 Sec. 208. NRS 142.110 is hereby amended to read as follows:

48-6 142.110 [When]

48-7 1. If a petition is presented [praying that an executor or administrator]

48-8 requesting that a personal representative be required to give further

48-9 security, and [when it also shall be] if it is also alleged on oath or

48-10 affirmation that the [executor or administrator] personal representative is

48-11 wasting the property of the estate, the [judge] court may, by order, suspend

48-12 [his] the powers of the personal representative until the matter can be

48-13 heard and determined.

48-14 2. If an order of suspension is entered, the personal representative is

48-15 restrained as provided in section 182 of this act. After the suspension, the

48-16 personal representative must be cited to show cause and the matter must

48-17 be heard and determined pursuant to NRS 141.130.

48-18 Sec. 209. NRS 142.130 is hereby amended to read as follows:

48-19 142.130 [When] If a surety of [an executor or administrator] a

48-20 personal representative desires to be released from responsibility on

48-21 account of future acts, [he may make application to the court, or a judge

48-22 thereof,] the surety may petition the court for relief. The court [or judge]

48-23 shall cite the [executor or administrator] personal representative to appear

48-24 at a designated time and place and give other security. If the [executor or

48-25 administrator has absconded, left or removed from the state, or if he]

48-26 personal representative cannot be found after due diligence and inquiry,

48-27 the citation may be served by leaving a copy of it at [his] the residence of

48-28 the personal representative, or by serving the attorney of the personal

48-29 representative, or by such publication as the court [or judge may order, all

48-30 in accordance with] orders pursuant to the provisions of NRS 143.190.

48-31 Sec. 210. NRS 142.140 is hereby amended to read as follows:

48-32 142.140 If the [executor or administrator] personal representative

48-33 neglects or refuses to give new sureties, to the satisfaction of the [judge,]

48-34 court, on the return of the citation, the court [or judge] being satisfied the

48-35 citation has been served, or within such reasonable time as the [judge shall

48-36 allow,] court allows, not exceeding 5 days [,] unless the surety [or sureties

48-37 petitioning shall consent] petitioning consents to a longer extension of

48-38 time, the court [or judge] shall revoke the letters granted.

48-39 Sec. 211. NRS 142.150 is hereby amended to read as follows:

48-40 142.150 If new sureties [be] are given to the satisfaction of the [judge,

48-41 he shall thereupon make] court, it shall thereupon enter an order that the

48-42 surety [or sureties] who applied for relief [shall not be] is not liable for any

49-1 subsequent act, default [,] or misconduct of the [executor or administrator.]

49-2 personal representative.

49-3 Sec. 212. Chapter 143 of NRS is hereby amended by adding thereto a

49-4 new section to read as follows:

49-5 A statute of limitations running on a cause of action belonging to a

49-6 decedent, that was not barred as of the date of death, does not bar the

49-7 cause of action sooner than 4 months after the death. A cause of action

49-8 that, but for this section, would be barred less than 4 months after the

49-9 death of the decedent is barred after 4 months unless the running of the

49-10 statute is tolled under other law.

49-11 Sec. 213. NRS 143.010 is hereby amended to read as follows:

49-12 143.010 [When] If there are two [executors or administrators]

49-13 personal representatives, the acts of one alone [shall be] are valid if the

49-14 other is absent from the state, or for any cause is laboring under any legal

49-15 disability, and [when] if there are more than two, the acts of a majority

49-16 [shall be] are sufficient.

49-17 Sec. 214. NRS 143.020 is hereby amended to read as follows:

49-18 143.020 [The executor or administrator shall have] Except as

49-19 otherwise provided in NRS 146.010, a personal representative has a right

49-20 to the possession of all the real, as well as personal, property of the

49-21 [deceased] decedent and may receive the rents and profits of the [real]

49-22 property until the estate [shall be] is settled, or until delivered over by order

49-23 of the [district] court to the heirs or devisees, and shall make a reasonable

49-24 effort to keep in good tenantable repair all houses, buildings and [fences]

49-25 appurtenances thereon which are under [his control.] the control of the

49-26 personal representative.

49-27 Sec. 215. NRS 143.030 is hereby amended to read as follows:

49-28 143.030 1. [The executor or administrator] A personal

49-29 representative shall take into [his] possession all the estate of the

49-30 [deceased,] decedent, real and personal, except that exempted as provided

49-31 in this Title, and shall collect all [debts] receivables due the [deceased or

49-32 to] decedent or the estate.

49-33 2. For the purpose of bringing [suits] actions to quiet title or for

49-34 partition of the estate, the possession of the [executor or administrator]

49-35 personal representative shall be deemed the possession of the heirs or

49-36 devisees. The possession of heirs or devisees [shall be] is subject, however,

49-37 to the possession of the [executor or administrator] personal representative

49-38 for all other purposes.

49-39 Sec. 216. NRS 143.035 is hereby amended to read as follows:

49-40 143.035 1. [An executor or administrator] A personal representative

49-41 shall use reasonable diligence in performing [his] the duties of the personal

49-42 representative and in pursuing the administration of the estate.

50-1 2. [An executor or administrator] A personal representative in charge

50-2 of an estate that has not been closed shall:

50-3 (a) Within 6 months after [his] the personal representative’s

50-4 appointment, where no federal estate tax return is required to be filed for

50-5 the estate; or

50-6 (b) Within 15 months after [his] the personal representative’s

50-7 appointment, where a federal estate tax return is required to be filed for the

50-8 estate,

50-9 file with the [district] court a report explaining why the estate has not been

50-10 closed.

50-11 3. Upon receiving the report, the [court] clerk shall set a time and place

50-12 for a hearing of the report . [, not later than 30 days nor sooner than 15 days

50-13 after receiving it. At least 10 days before the hearing, the executor or

50-14 administrator] The personal representative shall send a copy of the report

50-15 and shall give notice of the hearing, [by registered or certified mail,] for the

50-16 period and in the manner provided in NRS 155.010, to:

50-17 (a) Each person whose interest is affected as an heir [, devisee or

50-18 legatee;] or devisee; and

50-19 (b) The welfare division of the department of human resources, if the

50-20 welfare division has filed a claim against the estate.

50-21 4. At the hearing, the court shall determine whether or not the

50-22 [executor or administrator] personal representative has used reasonable

50-23 diligence in [his] the administration of the estate, and if [he] the personal

50-24 representative has not, the court may:

50-25 (a) Subject to the provisions of NRS 143.037:

50-26 (1) Prescribe the time within which the estate must be closed; or

50-27 (2) Allow the [executor or administrator] personal representative

50-28 additional time for closing and order a subsequent report; or

50-29 (b) Revoke the letters of the [executor or administrator,] personal

50-30 representative, appoint a successor and prescribe a reasonable time within

50-31 which the successor shall close the estate.

50-32 Sec. 217. NRS 143.037 is hereby amended to read as follows:

50-33 143.037 1. Except as otherwise provided in this section, [an executor

50-34 or administrator] a personal representative shall close an estate within 18

50-35 months after [his] appointment.

50-36 2. If a claim against the estate is in litigation or in summary

50-37 determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of

50-38 NRS 147.130 or the amount of federal estate tax has not been determined,

50-39 the court, upon petition of a devisee, [legatee,] creditor or heir, shall order

50-40 that:

50-41 (a) A certain amount of money, or certain other assets, be retained by

50-42 the [executor or administrator] personal representative to:

50-43 (1) Satisfy the claim or tax ; [,] and

51-1 (2) Pay any fees or costs related to the claim or tax, including [, but

51-2 not limited to,] fees for appraisals, attorney’s fees and court costs; and

51-3 (b) The remainder of the estate be distributed.

51-4 3. If a contest of the will or a proceeding to determine heirship is

51-5 pending, the court which appointed the [executor or administrator:]

51-6 personal representative:

51-7 (a) Shall order that a certain amount of money, or certain other assets,

51-8 be retained and the remainder of the estate distributed; or

51-9 (b) May, for good cause shown, order that the entire distributable estate

51-10 be retained pending disposition of the contest or proceeding.

51-11 Sec. 218. NRS 143.040 is hereby amended to read as follows:

51-12 143.040 1. [When there was a partnership existing between the

51-13 testator or intestate,] If a partnership existed between the decedent, at the

51-14 time of [his] death, and any other person, the surviving partner [shall have

51-15 the right to] may continue in possession of the effects of the partnership

51-16 and [to] settle its business, but the [interests of the deceased shall] interest

51-17 of the decedent must be included in the inventory and appraised as [other

51-18 property.] an asset of the estate.

51-19 2. The surviving partner shall proceed to settle the affairs of the

51-20 partnership without delay, and shall account to the [executor or

51-21 administrator,] personal representative and pay over such balance as may

51-22 be, from time to time, payable to [him as the representative of his testator

51-23 or intestate.] the estate of the decedent.

51-24 3. Upon the [application of the executor or administrator the court or

51-25 judge] petition of the personal representative, the court may, whenever it

51-26 may appear necessary, order the surviving partner to render an [account,]

51-27 accounting, and in case of neglect or refusal , may, after notice, compel it

51-28 by [attachment; and the executor or administrator] any lawful process, and

51-29 the personal representative may maintain against [him] the surviving

51-30 partner any action which the [deceased] decedent could have maintained.

51-31 4. Upon any sale of a partnership interest , the surviving partner may

51-32 be a bidder.

51-33 Sec. 219. NRS 143.050 is hereby amended to read as follows:

51-34 143.050 After notice given as provided in NRS 155.010 or in such

51-35 other manner as [may be directed by the court or judge thereof,] the court

51-36 directs, the court may authorize the [executor or administrator] personal

51-37 representative to continue the operation of the decedent’s business to such

51-38 an extent and subject to such restrictions as may seem to the court to be for

51-39 the best interest of the estate and [those interested therein.] any interested

51-40 persons.

51-41 Sec. 220. NRS 143.060 is hereby amended to read as follows:

51-42 143.060 Actions for the recovery of any property, real or personal, or

51-43 for the possession thereof, or to quiet title thereto, or to determine any

52-1 adverse claim thereon, and all actions founded upon contracts, may be

52-2 maintained by and against [executors and administrators] a personal

52-3 representative in all cases in which the [same] actions might have been

52-4 maintained by or against [their respective testators or intestates; and all

52-5 judgments quieting title to real property, entered prior to February 7, 1921,

52-6 in actions instituted and maintained by executors or administrators, shall

52-7 have the same force and effect after the lapse of 10 years from the entry

52-8 thereof, unless sooner set aside, as judgments entered in like actions

52-9 instituted and maintained by the heirs or devisees of their respective

52-10 testators or intestates.] the decedent.

52-11 Sec. 221. NRS 143.070 is hereby amended to read as follows:

52-12 143.070 1. [Executors or administrators may maintain actions] A

52-13 personal representative may commence or maintain an action against any

52-14 person [or persons who shall have] who has wasted, destroyed, taken,

52-15 carried away or converted [to his or their own use,] the goods of the

52-16 [testator or intestate in his lifetime.] decedent.

52-17 2. [They] A personal representative may also commence or maintain

52-18 [actions] an action for trespass committed on the real property of the

52-19 [deceased] decedent while living.

52-20 Sec. 222. NRS 143.080 is hereby amended to read as follows:

52-21 143.080 Any person or [his personal representatives shall have] the

52-22 personal representative has a right of action against the [executor or

52-23 administrator of any testator or intestate] personal representative of a

52-24 decedent who, in [his lifetime, shall have] the lifetime of the decedent

52-25 wasted, destroyed, [taken,] took, carried away or converted [to his own use]

52-26 the goods or chattels of [any such] that person, or committed any trespass

52-27 on the real property of [such] that person.

52-28 Sec. 223. NRS 143.090 is hereby amended to read as follows:

52-29 143.090 [Any executor or administrator may, in his own name,] A

52-30 successor personal representative may, for the use and benefit of all

52-31 [parties interested in the estate maintain actions] interested persons,

52-32 maintain an action on the bond of [any former executor or administrator] a

52-33 former personal representative of the same estate.

52-34 Sec. 224. NRS 143.100 is hereby amended to read as follows:

52-35 143.100 If any person, before the granting of letters [testamentary or

52-36 letters of administration, shall convert to his own use, take or alienate]

52-37 converts, takes or alienates any of the [moneys,] money, goods, chattels or

52-38 effects of [any deceased person, he shall stand] a decedent, that person is

52-39 chargeable and [be] liable to an action by the [executor or administrator of

52-40 the estate] personal representative for double the value of the property so

52-41 converted, taken or alienated, to be recovered for the benefit of the estate.

53-1 Sec. 225. NRS 143.110 is hereby amended to read as follows:

53-2 143.110 1. If [any executor or administrator, heir, devisee, legatee,

53-3 creditor or other person interested in the estate of any deceased person shall

53-4 complain, on oath, to the district judge] a personal representative or other

53-5 interested person alleges in a petition to the court that any person has, or

53-6 is suspected to have, concealed, converted , [to his own use,] conveyed

53-7 away or otherwise disposed of any [moneys,] money, goods, chattels or

53-8 effects of the [deceased,] decedent, or that [he has in his] the person has

53-9 possession or knowledge of any deeds, conveyances, bonds, contracts or

53-10 other writings which contain evidence of, or tend to disclose the right, title

53-11 or interest of the [deceased] decedent in or to any real or personal property,

53-12 or any claim or demand, or any last will of the [deceased, the judge]

53-13 decedent, the court may cause [such] that person to be cited to appear

53-14 before the [district] court to answer, upon oath, upon the matter of the

53-15 [complaint.] petition.

53-16 2. If the person [be] is not in the county where letters have been

53-17 granted, [he] the person may be cited and examined either before the

53-18 [district] court of the county where [he] the person may be found, or before

53-19 the court issuing the citation. If [such] the person appears, and [shall be] is

53-20 found innocent, his necessary expenses [shall] must be allowed out of the

53-21 estate.

53-22 Sec. 226. NRS 143.120 is hereby amended to read as follows:

53-23 143.120 1. If the person so cited [should refuse] refuses to appear

53-24 and submit to examination or to testify [touching] concerning the matter of

53-25 the complaint, the court may commit the person to the county jail, there to

53-26 remain confined until [he shall obey] the person obeys the order of the

53-27 court or [be] is discharged according to law.

53-28 2. If, upon examination, it [shall appear] appears that the person has

53-29 concealed, converted , [to his own use,] smuggled, conveyed away, or in

53-30 any manner disposed of any [moneys,] money, goods or chattels of the

53-31 [deceased,] decedent, or that [he has in his] the person has possession or

53-32 [under his] control of any deeds, conveyances, bonds, contracts [,] or other

53-33 writings [,] which contain evidence of, or tend to disclose the right, title,

53-34 interest or claim of the [deceased] decedent to any real or personal

53-35 property, claim or demand, or any last will of the [deceased, the district]

53-36 decedent, the court may [make] enter an order requiring the person to

53-37 deliver any such property or effects to the [executor or administrator]

53-38 personal representative at such time as the court may fix. [Should the

53-39 person fail] If the person fails to comply with the order , the court may

53-40 commit [him] the person to the county jail until the order [shall be] is

53-41 complied with or the person is discharged according to law.

53-42 3. The order of the court for the delivery of [such property shall be] the

53-43 property is prima facie evidence of the right of the [executor or

54-1 administrator] personal representative to the property in any action that

54-2 may be brought for [the recovery thereof,] its recovery, and any judgment

54-3 recovered [therein shall] must be for double the value of the property, and

54-4 damages in addition thereto equal to the value of [such] the property.

54-5 4. In addition to the examination of the party, witnesses may be

54-6 produced and examined on either side.

54-7 Sec. 227. NRS 143.130 is hereby amended to read as follows:

54-8 143.130 The [district judge, upon the complaint on oath of any

54-9 executor or administrator, may cause any person who shall have been

54-10 entrusted by the executor or administrator] court, upon the petition of a

54-11 personal representative, may require any person entrusted by the

54-12 personal representative with any part of the estate of the decedent to

54-13 appear before the court and render on oath a full [account] accounting of

54-14 any money, goods, chattels, bonds, accounts, or other papers or effects

54-15 belonging to the estate which [shall] have come into [his] the possession of

54-16 the person in trust for the [executor or administrator.] personal

54-17 representative. If the person so cited [shall fail or refuse] fails or refuses to

54-18 appear and render the [account, he may be proceeded against,] accounting,

54-19 the court may proceed against the person as provided in NRS 143.120.

54-20 Sec. 228. NRS 143.140 is hereby amended to read as follows:

54-21 143.140 1. If a debtor of the decedent is unable to pay all [his] debts,

54-22 the [executor or administrator,] personal representative, with the approval

54-23 of the court, may give [him] the person a discharge upon such terms as may

54-24 appear to the court to be for the best interest of the estate.

54-25 2. A compromise may also be authorized by the court when it appears

54-26 to be just and for the best interest of the estate.

54-27 3. The court may also authorize the [executor or administrator,]

54-28 personal representative, on such terms and conditions as may be approved

54-29 by it, to extend or renew, or in any manner modify the terms of, any

54-30 obligation owing to or running in favor of the decedent or [his estate.] the

54-31 estate of the decedent.

54-32 4. To obtain approval or authorization the [executor or administrator

54-33 shall file a verified petition with the clerk] personal representative shall

54-34 file a petition showing the advantage of the settlement, compromise,

54-35 extension, renewal or modification. The clerk shall set the petition for

54-36 hearing by the court, and [notice thereof shall be given] the petitioner shall

54-37 give notice for the period and in the manner required by NRS 155.010.

54-38 Sec. 229. NRS 143.150 is hereby amended to read as follows:

54-39 143.150 1. If the [deceased, in his lifetime,] decedent conveyed any

54-40 real property or any rights or interests therein, with intent to defraud [his]

54-41 creditors or to avoid any obligation, debt or duty owed another, or so

54-42 conveyed [such] the property that by law the deeds of conveyance are void

54-43 as against creditors, or made a gift of property in [view] contemplation of

55-1 death, and there is a deficiency of assets in the hands of the [executor or

55-2 administrator, the latter, on application] personal representative to pay all

55-3 the expenses and debts of the estate, the personal representative, on

55-4 petition of any creditor, shall commence and prosecute to final judgment

55-5 any proper action for the recovery of the [same] property for the benefit of

55-6 the creditors.

55-7 2. The [executor or administrator] personal representative may also,

55-8 for the benefit of the creditors, [sue] maintain an action for and recover all

55-9 goods, chattels, rights or credits, or their value, which may have been so

55-10 fraudulently conveyed by the [deceased in his lifetime,] decedent, whatever

55-11 may have been the manner of fraudulent conveyance.

55-12 Sec. 230. NRS 143.160 is hereby amended to read as follows:

55-13 143.160 1. [An executor or administrator shall not be] A personal

55-14 representative is not bound to [sue] maintain an action for the estate [, as

55-15 mentioned in] , pursuant to NRS 143.150, for the benefit of the creditors,

55-16 unless a creditor [or creditors of the deceased:

55-17 (a) Make application therefor;] of the decedent:

55-18 (a) Files a petition; and

55-19 (b) [Pay] Pays the costs and expense of the litigation or [give] gives

55-20 such security [therefor as the court or judge shall direct.] as the court

55-21 directs.

55-22 2. All real property so recovered [shall] must be sold for the payment

55-23 of debts in the same manner as prescribed in this Title for sales of real

55-24 property by [executors or administrators.] personal representatives.

55-25 3. The proceeds of all goods, chattels, rights or credits so received

55-26 [shall] , after reimbursement of costs and expenses of litigation advanced

55-27 by the creditor, must be applied in payment of debts in the same manner as

55-28 other personal property in the hands of [the executor or administrator.] a

55-29 personal representative.

55-30 Sec. 231. NRS 143.165 is hereby amended to read as follows:

55-31 143.165 1. On petition of [any person who appears to have an

55-32 interest in the estate,] an interested person, the court by temporary order

55-33 may restrain a personal representative from performing specified acts of

55-34 administration, disbursement or distribution, or exercising any powers or

55-35 discharging any duties of [his] the office, or [make] enter any other order

55-36 to secure proper performance of [his duty,] the duties of the office, if it

55-37 appears to the court that the personal representative otherwise may take

55-38 some action that would jeopardize unreasonably the interest of the

55-39 petitioner or of some other interested person. A person with whom the

55-40 personal representative may transact business may be made a party [.] to

55-41 the temporary order.

55-42 2. The matter must be set for hearing within 10 days after [issuance]

55-43 entry of the temporary order unless the parties otherwise agree. Notice as

56-1 the court directs must be given by the petitioner to the personal

56-2 representative and [his] the attorney of record [,] of the personal

56-3 representative, if any, and to any other party named [defendant in the

56-4 petition.

56-5 3. As used in this section:

56-6 (a) "Person" includes, without limitation, a government, governmental

56-7 agency or political subdivision of a government.

56-8 (b) "Personal representative" includes, without limitation, an executor,

56-9 an administrator, a successor personal representative, a special

56-10 administrator and persons who perform substantially the same function

56-11 under the law governing their status.] as a party in the temporary order.

56-12 Sec. 232. NRS 143.170 is hereby amended to read as follows:

56-13 143.170 [No executor or administrator shall] A personal

56-14 representative shall not directly or indirectly purchase any property of the

56-15 estate [he represents.] represented by the personal representative.

56-16 Sec. 233. NRS 143.175 is hereby amended to read as follows:

56-17 143.175 [Executors and administrators may, without court approval,

56-18 deposit or invest funds of the estate in:

56-19 1. United States treasury notes, bills or bonds;

56-20 2. Negotiable commercial paper, not exceeding 180 days maturity, of

56-21 prime quality as defined by a nationally recognized organization which

56-22 rates such securities;

56-23 3. Bankers’ acceptances;

56-24 4. Savings accounts or certificates of deposit in national banks, banks

56-25 chartered by the State of Nevada, federal savings and loan associations or

56-26 savings and loan associations chartered by the State of Nevada; or

56-27 5. Any other investment in which an executor or administrator is

56-28 authorized by law or by a will to invest moneys or funds under his control.]

56-29 1. A personal representative may, with court approval:

56-30 (a) Invest the property of the estate, make loans and accept security

56-31 therefor, in the manner and to the extent authorized by the court; and

56-32 (b) Exercise options of the estate to purchase or exchange securities

56-33 or other property.

56-34 2. A personal representative may, without prior approval of the

56-35 court, invest the property of the estate in:

56-36 (a) Savings accounts in a bank or savings and loan association in this

56-37 state, to the extent that the deposit is insured by the Federal Deposit

56-38 Insurance Corporation;

56-39 (b) Interest-bearing obligations of, or fully guaranteed by, the United

56-40 States;

56-41 (c) Interest-bearing obligations of the United States Postal Service or

56-42 the Federal National Mortgage Association;

57-1 (d) Interest-bearing obligations of this state or of a county, city or

57-2 school district of this state;

57-3 (e) Money-market mutual funds that are invested only in obligations

57-4 listed in paragraphs (a) to (d), inclusive; or

57-5 (f) Any other investment authorized by the will of the decedent.

57-6 Sec. 234. NRS 143.180 is hereby amended to read as follows:

57-7 143.180 1. Subject to such regulations as may be prescribed by the

57-8 Federal Housing Administrator, [executors and administrators are

57-9 authorized:

57-10 (a) To make] a personal representative may:

57-11 (a) Make such loans and advances of credit, and purchases of

57-12 obligations representing the loans and advances of credit, as are eligible for

57-13 insurance by the Federal Housing Administrator, and [to] obtain such

57-14 insurance.

57-15 (b) [To make] Make such loans secured by mortgage on real property as

57-16 are eligible for insurance by the Federal Housing Administrator, and [to]

57-17 obtain such insurance.

57-18 (c) [To purchase,] Purchase, invest in, and dispose of notes or bonds

57-19 secured by mortgage insured by the Federal Housing Administrator,

57-20 securities of national mortgage associations, and debentures issued by the

57-21 Federal Housing Administrator.

57-22 2. No law of this state prescribing the nature, amount or form of

57-23 security or requiring security upon which loans or advances of credit may

57-24 be made, or prescribing or limiting interest rates upon loans or advances of

57-25 credit, or prescribing or limiting the period for which loans or advances of

57-26 credit may be made, [shall apply] applies to loans, advances of credit or

57-27 purchases made pursuant to subsection 1.

57-28 3. All above-described loans, advances of credit, and purchases of

57-29 obligations [heretofore] made and insured pursuant to the terms of the

57-30 National Housing Act before October 1, 1999, are hereby validated and

57-31 confirmed.

57-32 Sec. 235. NRS 143.185 is hereby amended to read as follows:

57-33 143.185 [Executors and administrators] A personal representative may

57-34 purchase, invest in, and dispose of:

57-35 1. Farm loan bonds, consolidated farm loan bonds, debentures,

57-36 consolidated debentures and other obligations issued by federal land banks

57-37 and federal intermediate credit banks under the authority of the Federal

57-38 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

57-39 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 [to

57-40 2259, inclusive, as now or hereafter] et seq., as amended; and

57-41 2. Bonds, debentures, consolidated debentures and other obligations

57-42 issued by banks for cooperatives under the authority of the Farm Credit Act

57-43 of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm

58-1 Credit Act of 1971, 12 U.S.C. §§ 2001 [to 2259, inclusive, as now or

58-2 hereafter] et seq., as amended.

58-3 Sec. 236. NRS 143.187 is hereby amended to read as follows:

58-4 143.187 1. [An executor or administrator] A personal representative

58-5 holding certificates of stock in [such] that capacity may hold [such] the

58-6 stock in the name of a nominee without mention [thereof] in the stock

58-7 certificate or registration books, if:

58-8 (a) The [executor’s or administrator’s] records of the personal

58-9 representative and all reports and [accounts he] accountings the personal

58-10 representative renders clearly show [such] the holding and the facts

58-11 regarding [such holding;] it; and

58-12 (b) The nominee deposits with the [executor or administrator] personal

58-13 representative a signed statement of the true interest of the [executor or

58-14 administrator.

58-15 2. An executor or administrator] personal representative.

58-16 2. A personal representative is personally liable for any loss to the

58-17 estate resulting from any act of the nominee in connection with stock so

58-18 held.

58-19 Sec. 237. NRS 143.190 is hereby amended to read as follows:

58-20 143.190 1. Before letters [testamentary, or letters of administration,

58-21 or letters of administration with the will annexed,] are delivered to [any

58-22 executor or administrator, he] a personal representative, the personal

58-23 representative shall file with the county clerk of the county in which the

58-24 administration of the estate is pending a written statement containing [his]

58-25 the name and [his] permanent address [, which] of the personal

58-26 representative. The permanent address may, from time to time, be changed

58-27 [by him] by filing with the county clerk a written statement giving [his] the

58-28 changed address. [His] The permanent address shall be deemed to be that

58-29 contained in the last statement so filed by [him.] the personal

58-30 representative.

58-31 2. The taking of his oath of office by [an executor or by an

58-32 administrator, or by an administrator with the will annexed, representative

58-33 shall be deemed to be and is the equivalent of] a personal representative

58-34 constitutes an appointment [by him] of the county clerk of the county in

58-35 which the administration of the estate is pending to be [his] the true and

58-36 lawful attorney, upon whom all legal process in any action or proceeding

58-37 against the [executor or administrator] personal representative may be

58-38 served, with the same legal force and effect as if served upon [him] the

58-39 personal representative personally within the State of Nevada.

58-40 3. Service of process may be made by mailing by registered or certified

58-41 mail a copy of the process , [(] and if the process is a summons, there must

58-42 be attached thereto a copy of the complaint certified by the clerk or the

58-43 plaintiff’s attorney , [)] directly to the [executor or administrator] personal

59-1 representative at the address contained in the statement filed [by him.] with

59-2 the clerk. This service is sufficient personal service upon the [executor or

59-3 administrator] personal representative if proof of [such] the service is filed

59-4 [in the office of the county] with the clerk.

59-5 4. The court in which the action is pending may order such

59-6 continuances as may be necessary to afford the [defendant] personal

59-7 representative reasonable opportunity to defend the action.

59-8 5. The foregoing method of service is cumulative, and does not prevent

59-9 the personal service of process upon the [defendant] personal

59-10 representative within the State of Nevada.

59-11 Sec. 238. NRS 143.200 is hereby amended to read as follows:

59-12 143.200 No action to which [an executor or administrator or

59-13 administrator with the will annexed] a personal representative is a party

59-14 [shall abate] abates by reason of the death, disqualification, resignation or

59-15 removal of [such executor or administrator,] the personal representative,

59-16 but the person who is appointed, qualifies and is acting as [his successor

59-17 shall,] the successor must, upon motion, be substituted as a party to the

59-18 action.

59-19 Sec. 239. NRS 143.210 is hereby amended to read as follows:

59-20 143.210 In actions brought by or against [executors it shall not be]

59-21 personal representatives, it is not necessary to join those as parties who

59-22 have not qualified.

59-23 Sec. 240. NRS 144.010 is hereby amended to read as follows:

59-24 144.010 1. Every [executor or administrator] personal representative

59-25 shall make and [return to the court,] file with the clerk, within 60 days after

59-26 [his] appointment, unless the court [shall extend] extends the time, a true

59-27 inventory and appraisement or record of value of all the estate of the

59-28 [deceased which] decedent that has come to [his] the possession or

59-29 knowledge [.] of the personal representative.

59-30 2. The personal representative, within 10 days after filing the

59-31 inventory with the clerk, shall mail a copy to all the interested heirs of an

59-32 intestate estate, or to the devisees of a testate estate, or to both interested

59-33 heirs and devisees, if a contest of the will of the decedent is pending.

59-34 Proof of the mailing of the copies must be made and filed in the

59-35 proceeding.

59-36 Sec. 241. NRS 144.020 is hereby amended to read as follows:

59-37 144.020 1. [The executor or administrator] A personal

59-38 representative may engage a qualified and disinterested appraiser to

59-39 ascertain the fair market value, as of the decedent’s death, of any asset the

59-40 value of which is subject to reasonable doubt. Different persons may be

59-41 engaged to appraise different kinds of assets included in the estate.

59-42 2. Any such appraiser is entitled to a reasonable compensation for [his]

59-43 the appraisal and may be paid the compensation by the [executor or

60-1 administrator] personal representative out of the estate at any time after

60-2 completion of the appraisal.

60-3 3. [Where] If there is no reasonable doubt as to the value of assets,

60-4 such as money, deposits in banks, bonds, policies of life insurance , or

60-5 securities for money or evidence of indebtedness, [when the same] and the

60-6 asset is equal in value to [money, the executor or administrator] cash, the

60-7 personal representative shall file a verified record of value in lieu of the

60-8 appraisement.

60-9 4. If it appears beyond reasonable doubt that there will be no need to

60-10 sell assets of the estate to pay the debts of the estate or expenses of

60-11 administration, or to divide assets for distribution in kind to the devisees

60-12 or heirs, the personal representative may petition the court for an order

60-13 allowing a verified record of value to be filed in lieu of the appraisement,

60-14 and the court may enter such an order with or without notice.

60-15 Sec. 242. NRS 144.025 is hereby amended to read as follows:

60-16 144.025 1. [The executor or administrator] A personal

60-17 representative may engage a certified public accountant or other expert in

60-18 valuation to ascertain the fair market value, as of the date of the death of

60-19 the decedent, of the interest of the decedent in a corporation, partnership,

60-20 limited-liability company or other [association.] artificial person.

60-21 2. [Any such] The certified public accountant or expert in valuation is

60-22 entitled to a reasonable compensation for his services and may be paid the

60-23 compensation by the [executor or administrator] personal representative

60-24 out of the estate at any time after completion of the report of the valuation.

60-25 Sec. 243. NRS 144.030 is hereby amended to read as follows:

60-26 144.030 1. Before proceeding [to the execution of his duty, each] ,

60-27 an appraiser, certified public accountant or expert in valuation shall certify

60-28 [that he will] a willingness to truly, honestly and impartially appraise or

60-29 value the property according to [the best of his] that person’s best

60-30 knowledge and ability. The certification must be contained in the appraisal

60-31 or valuation or filed with the court.

60-32 2. [He] The appraiser, certified public accountant or expert in

60-33 valuation, shall then proceed to appraise the property of the estate. Each

60-34 item with [an assessed] a value of more than [$100] $500 must be set down

60-35 separately with the value thereof in dollars and cents in figures opposite

60-36 [to] each item.

60-37 3. [Any] An appraiser, certified public accountant or expert in

60-38 valuation who directly or indirectly purchases any property of an estate ,

60-39 [which he has appraised or valued,] without full disclosure to and approval

60-40 by the court, is guilty of a misdemeanor. A sale made in violation of the

60-41 provisions of this subsection is void.

61-1 Sec. 244. NRS 144.040 is hereby amended to read as follows:

61-2 144.040 1. [The inventory shall] An inventory must include all the

61-3 estate of the [deceased,] decedent, wherever situated [.] , that is subject to

61-4 the jurisdiction of the court.

61-5 2. The inventory [shall] must contain:

61-6 (a) All the estate of the [deceased,] decedent, real and personal.

61-7 (b) A statement of all [debts,] receivables, partnerships, and other

61-8 interests, bonds, mortgages, notes, and other securities for the payment of

61-9 money, belonging to the [deceased,] decedent, specifying the name of the

61-10 debtor in each security, the date, the sum originally payable, [the

61-11 endorsements thereon, if any,] any endorsements with their dates, and the

61-12 sum which, in the judgment of the appraiser, may be collectible on each

61-13 debt, interest or security.

61-14 (c) Mortgages of any kind on the real and personal property of the

61-15 estate.

61-16 3. The inventory [shall] must also show:

61-17 (a) So far as can be ascertained, what portion of the estate is community

61-18 property and what portion is the separate property of the [deceased.]

61-19 decedent.

61-20 (b) An account of all [moneys] money belonging to the deceased

61-21 [which] that has come [to the hands of the executor or administrator.] into

61-22 the possession of the personal representative.

61-23 Sec. 245. NRS 144.050 is hereby amended to read as follows:

61-24 144.050 The naming of [any] a person as [executor] personal

61-25 representative in a will [shall] does not operate as a discharge of any just

61-26 [debt] receivable or demand which was due the testator [had against such

61-27 person, but the debt or demand shall] from that person, but the receivable

61-28 or demand must be included in the inventory and the person named as

61-29 [executor shall be liable for the same as for so much money in his hands

61-30 when the debt or demand] personal representative is liable for it when it

61-31 becomes due, unless it [be] is proved that [he] the personal representative

61-32 had not, [either at that time or at any time] then or thereafter, any means

61-33 [wherewith] with which to pay [such debt] the receivable or demand, or

61-34 such part [thereof] as may remain unpaid, and that [such] the inability did

61-35 not arise from any fraud committed by [him,] the personal representative,

61-36 but any commissions allowed [shall] must be applied toward payment of

61-37 the [debts or demands.] receivable or demand.

61-38 Sec. 246. NRS 144.060 is hereby amended to read as follows:

61-39 144.060 The discharge or [bequest in a will of any debt] devise in a

61-40 will of a receivable or demand [of] due the testator [against] from any

61-41 person named as [executor in his] personal representative in the will, or

61-42 [against] from any other person, [shall not be] is not valid against the

61-43 creditors of the [deceased, but shall] decedent, but must be construed as a

62-1 specific bequest only of [such debt] the receivable or demand. The amount

62-2 [thereof shall] must be included in the inventory and , [shall,] if necessary,

62-3 be applied in payment of [his debts.] claims of creditors of the decedent. If

62-4 not necessary for that purpose, it [shall] must be disposed of in the same

62-5 manner as other specific [legacies or bequests.] devises.

62-6 Sec. 247. NRS 144.070 is hereby amended to read as follows:

62-7 144.070 [The executor or administrator] A personal representative

62-8 shall take and subscribe an oath, before any person authorized to administer

62-9 oaths, that the inventory contains a true statement of all the estate of the

62-10 [deceased] decedent which has come [to his] into the possession or of

62-11 which [he] the personal representative has knowledge, and particularly of

62-12 all money belonging to the [deceased,] decedent, and of all just claims of

62-13 the [deceased] decedent, against the [executor or administrator.] personal

62-14 representative. The oath must be endorsed upon or annexed to the

62-15 inventory.

62-16 Sec. 248. NRS 144.080 is hereby amended to read as follows:

62-17 144.080 If [an executor or administrator shall neglect or refuse to

62-18 return] a personal representative neglects or refuses to file the inventory

62-19 within the time prescribed [or such further time as the court or judge, for

62-20 good cause, allow,] by law or extended by the court, the court may, upon

62-21 such notice as it [may prescribe,] deems appropriate, revoke the letters

62-22 [testamentary or letters of administration, and the executor or administrator

62-23 shall be] of the personal representative, and the personal representative is

62-24 liable on his bond for any injuries sustained by the estate through his

62-25 neglect.

62-26 Sec. 249. NRS 144.090 is hereby amended to read as follows:

62-27 144.090 1. [Whenever any property,] If property not mentioned in

62-28 [any inventory that has been made, comes to] an inventory filed with the

62-29 clerk comes into the possession or knowledge of the [executor or

62-30 administrator, he shall return] personal representative, the personal

62-31 representative shall file a supplementary inventory of [such] that property

62-32 within 20 days after [the discovery thereof,] its discovery, in the same

62-33 manner as an original inventory.

62-34 2. The court may enforce the [making] filing of a supplementary

62-35 inventory as [an original.] provided in NRS 144.080.

62-36 Sec. 250. Chapter 145 of NRS is hereby amended by adding thereto

62-37 the provisions set forth as sections 251 and 252 of this act.

62-38 Sec. 251. If at any time after the entry of an order for the summary

62-39 administration of an estate it appears that the gross value of the estate

62-40 exceeds $200,000 as of the death of the decedent, the personal

62-41 representative shall petition the court for an order revoking summary

62-42 administration. The court may, if deemed advisable considering the

62-43 nature, character and obligations of the estate, provide in its order

63-1 revoking summary administration that regular administration of the

63-2 estate may proceed unabated upon providing such portions of the regular

63-3 proceedings and notices as were dispensed with by the order for summary

63-4 administration.

63-5 Sec. 252. 1. Upon the filing of a final account and petition for

63-6 distribution of an estate for which summary administration was ordered,

63-7 the notice of hearing, the account and petition, together with notice of

63-8 the amount agreed or requested as attorney’s fees, must be given to the

63-9 persons entitled thereto.

63-10 2. The petitioner shall give notice of hearing for the period and in

63-11 the manner provided in NRS 155.010.

63-12 Sec. 253. NRS 145.020 is hereby amended to read as follows:

63-13 145.020 All proceedings taken under this chapter, whether or not the

63-14 decedent left a will, must be originated by a [verified] petition for letters

63-15 testamentary or letters of administration containing:

63-16 1. Jurisdictional information;

63-17 2. A description of the property of the decedent, including [, without

63-18 limitation,] the character and estimated value of the property; [and

63-19 3. A list of each heir, next of kin, legatee and devisee of the decedent.

63-20 This list must include, without limitation, the name, age, address and

63-21 relationship to the decedent of any such person.]

63-22 3. The names and residences of the heirs and devisees of the

63-23 decedent and the age of any who is a minor and the relationship of each

63-24 heir and devisee to the decedent, so far as known to the petitioner; and

63-25 4. A statement that the person to be appointed as personal

63-26 representative has never been convicted of a felony.

63-27 Sec. 254. NRS 145.030 is hereby amended to read as follows:

63-28 145.030 Notice of a petition for the probate of a will and the issuance

63-29 of letters [testamentary or for letters of administration] must be given as

63-30 provided in NRS 155.010 . [, and the notice to creditors and to the

63-31 administrator of the welfare division of the department of human resources

63-32 must be given as provided in NRS 155.020.]

63-33 Sec. 255. NRS 145.040 is hereby amended to read as follows:

63-34 145.040 [When] If it is made to appear to the court that the gross value

63-35 of the estate does not exceed $200,000, the court may, if deemed advisable

63-36 considering the nature , [and] character and obligations of the estate [and

63-37 the obligations thereof, make] , enter an order for a summary

63-38 administration of the estate.

63-39 Sec. 256. NRS 145.050 is hereby amended to read as follows:

63-40 145.050 The order for a summary administration of the estate must:

63-41 1. Dispense with all regular proceedings and further notices, except for

63-42 the [notice] notices required by NRS 145.030 [and notice of application for

64-1 attorney’s fees;] , 145.070, 145.090, 147.010 and section 252 of this act;

64-2 and

64-3 2. Provide that an inventory and appraisement or record of value be

64-4 [made and returned to the court.] filed with the clerk.

64-5 Sec. 257. NRS 145.060 is hereby amended to read as follows:

64-6 145.060 1. Creditors of the estate must file their claims, due or to

64-7 become due, with the clerk, within 60 days after the mailing [,] to the

64-8 creditors for those required to be mailed, or 60 days after the first

64-9 publication of the notice to creditors pursuant to NRS 155.020, and within

64-10 10 days thereafter the [executor or administrator shall act on the claims

64-11 filed and present them in 3 days thereafter to the judge for his action.]

64-12 personal representative shall allow or reject the claims filed.

64-13 2. Any claim which is not filed within the 60 days is barred forever,

64-14 except that if it is made to appear, by the affidavit of the claimant or by

64-15 other proof to the satisfaction of the court, that the claimant did not have

64-16 notice as provided in NRS 155.020, the claim may be filed at any time

64-17 before the filing of the final account.

64-18 3. Every claim which is filed as provided in this section [,] and allowed

64-19 by the [executor or administrator, and approved by the judge,] personal

64-20 representative, must then, and not until then, be ranked as an

64-21 acknowledged debt of the estate and be paid in the course of

64-22 administration, except that payment of small debts in advance may be made

64-23 pursuant to subsection 3 of NRS 150.230.

64-24 4. If a claim filed by the welfare division of the department of human

64-25 resources is rejected by the [executor or administrator,] personal

64-26 representative, the state welfare administrator [or his designated

64-27 representative] may, within 20 days after receipt of the written notice of

64-28 rejection, petition the [district judge] court for summary determination of

64-29 the claim. A petition for summary determination must be filed with the

64-30 clerk , [of the court,] who shall set the petition for hearing, and the

64-31 petitioner shall give notice [must be given] for the period and in the

64-32 manner required by NRS 155.010. Allowance of the claim by the [judge]

64-33 court is sufficient evidence of its correctness , and it must be paid as if

64-34 previously allowed by the [executor or administrator.] personal

64-35 representative.

64-36 Sec. 258. NRS 145.070 is hereby amended to read as follows:

64-37 145.070 All sales of real property, [where] if summary administration

64-38 is ordered, [shall] must be made upon notice given and in the manner

64-39 required by [this Title for sales of real property.] chapter 148 of NRS.

64-40 Sec. 259. NRS 145.080 is hereby amended to read as follows:

64-41 145.080 [1.] The administration of the estate may be closed and

64-42 distribution made at any time after the expiration of the time for the [judge]

64-43 personal representative to act on the claims, [when it shall appear] if it

65-1 appears to the court that all the debts of the estate, expenses and charges of

65-2 administration and allowances to the family, if any, have been paid, and the

65-3 estate is in condition to be finally settled.

65-4 [2. The court or judge must be satisfied that proper notice of

65-5 appointment and, where applicable, for sales, as provided in NRS 145.070,

65-6 have been given before decreeing distribution of the estate and discharging

65-7 the executor or administrator.]

65-8 Sec. 260. Chapter 146 of NRS is hereby amended by adding thereto a

65-9 new section to read as follows:

65-10 If an order is entered setting apart a homestead, a certified copy of the

65-11 order must be recorded in the office of the county recorder of the county

65-12 in which the property is located.

65-13 Sec. 261. NRS 146.005 is hereby amended to read as follows:

65-14 146.005 The provisions of this chapter are inapplicable to the extent

65-15 that they are inconsistent with the provisions of a premarital agreement

65-16 between the [deceased and his] decedent and the surviving spouse which is

65-17 enforceable pursuant to chapter 123A of NRS.

65-18 Sec. 262. NRS 146.010 is hereby amended to read as follows:

65-19 146.010 Except as provided in NRS 125.510, [when any] if a person

65-20 dies leaving a surviving spouse or a minor child or minor children, the

65-21 surviving spouse, minor child or minor children are entitled to remain in

65-22 possession of the homestead and of all the wearing apparel and provisions

65-23 [on hand] in the possession of the family, and all [of] the household

65-24 furniture, and are also entitled to a reasonable provision for their support,

65-25 to be allowed by the court.

65-26 Sec. 263. NRS 146.020 is hereby amended to read as follows:

65-27 146.020 Upon the [return] filing of the inventory or at any time

65-28 thereafter during the administration [, the court or judge, of his own motion,

65-29 or on application,] of the estate, the court, on its own motion or upon

65-30 petition by an interested person, shall set apart for the use of the family of

65-31 the [deceased] decedent all of the personal property which is exempt by

65-32 law from execution, and shall set apart the homestead, as designated by the

65-33 general homestead law then in force, whether [such] the homestead has

65-34 theretofore previously been selected as required by law, or not, and the

65-35 property thus set apart [shall not be] is not subject to administration.

65-36 Sec. 264. NRS 146.030 is hereby amended to read as follows:

65-37 146.030 1. If the whole property exempt by law is set apart and is not

65-38 sufficient for the support of the surviving spouse, minor child or minor

65-39 children, the court shall make such reasonable allowance out of the estate

65-40 as is necessary for the maintenance of the family according to their

65-41 circumstances during the progress of the [settlement] administration of the

65-42 estate, which, in case of an insolvent estate, [shall] may not be longer than

65-43 1 year after granting letters of administration.

66-1 2. If the surviving spouse or any minor child has a reasonable

66-2 maintenance derived from other property, and there are other persons

66-3 entitled to a family allowance, the allowance [shall] must be granted only

66-4 to those who do not have [not] such maintenance, or [such] the allowance

66-5 may be apportioned in such manner as may be just.

66-6 Sec. 265. NRS 146.040 is hereby amended to read as follows:

66-7 146.040 [Any] An allowance made by the court [or judge] in

66-8 accordance with the provisions of this chapter [shall] must be paid by the

66-9 [executor or administrator] personal representative in preference to all

66-10 other charges, except funeral charges, expenses of last illness and expenses

66-11 of administration. This may, in the discretion of the court [or judge]

66-12 granting it, take effect from the death of the decedent.

66-13 Sec. 266. NRS 146.050 is hereby amended to read as follows:

66-14 146.050 1. If the homestead was selected by [the husband and wife,]

66-15 spouses, or either of them, during their [coverture,] marriage, and recorded

66-16 while both were living, as provided in chapter 115 of NRS, it vests, on the

66-17 death of either spouse, absolutely in the survivor, unless vesting is

66-18 otherwise required pursuant to subsection 2 of NRS 115.060.

66-19 2. If no homestead was so selected, [but] a homestead [is] may be set

66-20 apart by the court [for a limited period] to the family of the decedent [, as

66-21 provided in this chapter, it] for a limited period if deemed advisable

66-22 considering the needs and resources of the family and the nature,

66-23 character and obligations of the estate. The duration of the homestead

66-24 must be designated in the order setting it apart and may not extend

66-25 beyond the lifetime of the surviving spouse or the minority of any child of

66-26 the decedent, whichever is longer. A homestead so set apart then vests,

66-27 subject to [this] the setting apart:

66-28 (a) If set apart from [his] the separate property [,] of the decedent, in the

66-29 heirs or devisees of the decedent.

66-30 (b) If set apart from community property, one-half in the surviving

66-31 spouse [,] and one-half in the devisees of the decedent, or if no

66-32 [testamentary] disposition is made , then entirely in the surviving spouse.

66-33 3. [If the homestead is set apart by the court for a limited period of

66-34 time, such period must be designated in the order and must not extend

66-35 beyond the lifetime of the surviving spouse or the minority of any child or

66-36 children of the decedent, whichever is longer.

66-37 4.] In either case referred to in subsection 1 or 2, the homestead is not

66-38 subject to the payment of any debt or liability existing against the spouses,

66-39 or either of them, at the time of death of either, [except it be secured by

66-40 lawful liens thereon.] unless the debt or liability is secured by a mortgage

66-41 or lien.

67-1 Sec. 267. NRS 146.070 is hereby amended to read as follows:

67-2 146.070 1. [When] If a person dies leaving an estate [,] the gross

67-3 value of which , after deducting any encumbrances , does not exceed

67-4 $50,000, and there is a surviving spouse or minor child or minor children of

67-5 the [deceased,] decedent, the estate must not be administered upon, but the

67-6 whole [thereof,] estate, after directing such payments as may be deemed

67-7 just, must be, by an order for that purpose, assigned and set apart for the

67-8 support of the surviving spouse or minor child or minor children, or for the

67-9 support of the minor child or minor children, if there is no surviving

67-10 spouse. Even [though] if there is a surviving spouse, the court may, after

67-11 directing such payments, set aside the whole of the estate to the minor child

67-12 or minor children, if it is in their best interests.

67-13 2. [When] If there is no surviving spouse or minor child of the

67-14 [deceased] decedent and the gross value of a decedent’s estate, after

67-15 deducting any encumbrances, does not exceed $50,000, upon good cause

67-16 shown [therefor, the judge may] , the court shall order that the estate

67-17 [must] not be administered upon , but the whole [thereof must] estate be

67-18 assigned and set apart [:

67-19 First:] in the following order:

67-20 (a) To the payment of funeral expenses, expenses of last illness, money

67-21 owed to the department of human resources as a result of payment of

67-22 benefits for Medicaid [,] and creditors, if there are any; and

67-23 [Second:]

67-24 (b) Any balance remaining to the claimant or claimants entitled thereto

67-25 pursuant to [the] a valid will of the decedent, and if there is no valid will,

67-26 pursuant to intestate succession.

67-27 3. [All proceedings] Proceedings taken under this section, whether or

67-28 not the decedent left a valid will, must not begin until at least 30 days after

67-29 the death of the decedent and must be originated by a [verified] petition

67-30 containing:

67-31 (a) A specific description of all [of] the decedent’s property.

67-32 (b) A list of all the liens and [encumbrances] mortgages of record at the

67-33 date of [his] the decedent’s death.

67-34 (c) An estimate of the value of the property.

67-35 (d) A statement of the debts of the decedent so far as known to the

67-36 petitioner.

67-37 (e) The names [, ages] and residences of the [decedent’s heirs, devisees

67-38 and legatees.

67-39 The petition may include a prayer that if the court finds the gross value of

67-40 the estate, less encumbrances, does not exceed $50,000, the estate be set

67-41 aside as provided in this section.] heirs and devisees of the decedent and

67-42 the age of any who is a minor and the relationship of the heirs and

67-43 devisees to the decedent, so far as known to the petitioner.

68-1 4. The clerk shall set the petition for hearing and the petitioner shall

68-2 give notice of the petition and hearing in the manner provided in NRS

68-3 155.010 to the decedent’s heirs [, devisees and legatees] and devisees and

68-4 to the state welfare administrator. If a complete copy of the petition is not

68-5 enclosed with the notice, the notice must include a statement setting forth to

68-6 whom the estate is being set aside.

68-7 5. No court or clerk’s fees may be charged for the filing of any petition

68-8 in, or order of court thereon, or for any certified copy of the petition or

68-9 order in an estate not exceeding $2,500 in value.

68-10 6. If the court finds that the gross value of the estate, less

68-11 encumbrances, does not exceed the sum of $50,000, the court may direct

68-12 that the estate be distributed to the father or mother of [any] a minor heir or

68-13 [legatee,] devisee, with or without the filing of any bond, or to a custodian

68-14 under chapter 167 of NRS, or may require that a general guardian be

68-15 appointed and that the estate be distributed to the guardian, with or without

68-16 bond , as in the discretion of the court [seems] is deemed to be in the best

68-17 interests of the minor. The court may direct the manner in which the money

68-18 may be used for the benefit of the minor.

68-19 Sec. 268. NRS 146.080 is hereby amended to read as follows:

68-20 146.080 1. [When] If a decedent leaves no real property, nor interest

68-21 therein , nor mortgage or lien thereon, in this state, and the gross value of

68-22 the decedent’s property in this state, over and above any amounts due to the

68-23 decedent for services in the Armed Forces of the United States, does not

68-24 exceed $20,000, a person who has a right to succeed to the property of the

68-25 decedent [, a person who is the sole beneficiary under the last will and

68-26 testament of the decedent] under the laws of succession for a decedent

68-27 who died intestate or under the valid will of a decedent who died testate,

68-28 on behalf of all persons entitled to succeed to the property claimed, or the

68-29 state welfare administrator or public administrator on behalf of the state

68-30 or others entitled to the property, may, 40 days after the death of the

68-31 decedent, without procuring letters of administration or awaiting the

68-32 probate of the will, collect any money due the decedent, receive the

68-33 property of the decedent, and have any evidences of interest, indebtedness

68-34 or right transferred to [him] the claimant upon furnishing the person,

68-35 representative, corporation, officer or body owing the money, having

68-36 custody of the property or acting as registrar or transfer agent of the

68-37 evidences of interest, indebtedness or right, with an affidavit showing the

68-38 right of the affiant or affiants to receive the money or property or to have

68-39 the evidence transferred.

68-40 2. An affidavit made pursuant to this section must state:

68-41 (a) The affiant’s name and address, and that the affiant is entitled by law

68-42 to succeed to the property claimed;

69-1 (b) That the decedent was a resident of Nevada at the time of [his]

69-2 death;

69-3 (c) That the gross value of the decedent’s property in this state, except

69-4 amounts due to the decedent for services in the Armed Forces of the United

69-5 States, does not exceed $20,000, and that the property does not include any

69-6 real property nor interest therein , nor mortgage or lien thereon;

69-7 (d) That at least 40 days have elapsed since the death of the decedent;

69-8 (e) That no [application or] petition for the appointment of a personal

69-9 representative is pending or has been granted in any jurisdiction;

69-10 (f) That all debts of the decedent, including funeral and burial expenses ,

69-11 and money owed to the department of human resources as a result of the

69-12 payment of benefits for Medicaid, have been paid or provided for;

69-13 (g) A description of the personal property and the portion claimed;

69-14 (h) That the affiant has given written notice, by personal service or by

69-15 certified mail, identifying [his] the affiant’s claim and describing the

69-16 property claimed, to every person whose right to succeed to the decedent’s

69-17 property is equal or superior to that of the affiant, and that at least 14 days

69-18 have elapsed since the notice was served or mailed;

69-19 (i) That the affiant is personally entitled, or the department of human

69-20 resources is entitled, to full payment or delivery of the property claimed or

69-21 is entitled to payment or delivery on behalf of and with the written authority

69-22 of all other successors who have an interest in the property; and

69-23 (j) That the affiant acknowledges [that he understands] an

69-24 understanding that filing a false affidavit constitutes a felony in this state.

69-25 3. If the affiant:

69-26 (a) Submits an affidavit which does not meet the requirements of

69-27 subsection 2 or which contains statements which are not entirely true, any

69-28 money or property [he] the affiant receives is subject to all debts of the

69-29 decedent.

69-30 (b) Fails to give notice to other successors as required by subsection 2,

69-31 any money or property [he] the affiant receives is held by [him] the affiant

69-32 in trust for all other successors who have an interest in the property.

69-33 4. A person who receives an affidavit containing the information

69-34 required by subsection 2 is entitled to rely upon [such] that information,

69-35 and if [he] the person relies in good faith, [he] the person is immune from

69-36 civil liability for actions based on that reliance.

69-37 5. Upon receiving proof of the death of the decedent and an affidavit

69-38 containing the information required by this section:

69-39 (a) A transfer agent of any security shall change the registered

69-40 ownership of the security claimed from the decedent to the person claiming

69-41 to succeed to ownership of that security.

69-42 (b) A governmental agency required to issue certificates of ownership or

69-43 registration to personal property shall issue a new certificate of ownership

70-1 or registration to the person claiming to succeed to ownership of the

70-2 property.

70-3 6. If any property of the estate not exceeding $20,000 is located in a

70-4 state which requires an order of a court for the transfer of the property, or if

70-5 [it] the estate consists of stocks or bonds which must be transferred by an

70-6 agent outside this state, any person qualified under the provisions of

70-7 subsection 1 to have the stocks or bonds or other property transferred [to

70-8 him] may do so by obtaining a court order directing the transfer. The

70-9 person desiring the transfer must file a [verified petition in a court of

70-10 competent jurisdiction] petition, which may be ex parte, containing:

70-11 (a) A specific description of all [of] the property of the decedent.

70-12 (b) A list of all the liens and [encumbrances] mortgages of record at the

70-13 date of the decedent’s death.

70-14 (c) An estimate of the value of the property of the decedent.

70-15 (d) The names, ages of any minors, and residences of the decedent’s

70-16 heirs and [legatees.] devisees.

70-17 (e) A [prayer requesting] request for the court to issue an order

70-18 directing the transfer of the stocks or bonds or other property if the court

70-19 finds the gross value of the estate does not exceed $20,000.

70-20 (f) An attached copy of the executed affidavit made pursuant to

70-21 subsection 2.

70-22 If the court finds that the gross value of the estate does not exceed $20,000

70-23 and the person requesting the transfer is entitled to it, the court may [issue]

70-24 enter an order directing the transfer.

70-25 Sec. 269. NRS 147.010 is hereby amended to read as follows:

70-26 147.010 [An executor or administrator] A personal representative

70-27 shall publish and mail notice to creditors in the manner provided in NRS

70-28 155.020.

70-29 Sec. 270. NRS 147.020 is hereby amended to read as follows:

70-30 147.020 If [an executor or administrator] a personal representative

70-31 dies, resigns or is removed after the expiration of the time for the

70-32 publication or mailing of notice to creditors, [his] the successor need not

70-33 give any further notice to creditors.

70-34 Sec. 271. NRS 147.030 is hereby amended to read as follows:

70-35 147.030 After the notice to creditors has been mailed or published, a

70-36 copy , [thereof,] with the affidavit of publication or, if notice is mailed,

70-37 with [proof] a certificate of mailing, must be filed with the clerk . [of the

70-38 court.]

70-39 Sec. 272. NRS 147.040 is hereby amended to read as follows:

70-40 147.040 1. [All persons having claims,] A person having a claim,

70-41 due or to become due, against the [deceased] decedent must file [their

70-42 claims] his claim with the clerk [of the court] within 90 days after the

71-1 mailing [,] for those required to be mailed, or 90 days after the first

71-2 publication of the notice to creditors pursuant to NRS 155.020.

71-3 2. A creditor who receives a notice to creditors by mail pursuant to

71-4 subsection 5 of NRS 155.020 must file a claim with the clerk within 30

71-5 days after the mailing or 90 days after the first publication of notice to

71-6 creditors pursuant to NRS 155.020, whichever is sooner.

71-7 3. If a claim is not filed with the clerk within [90 days after the first

71-8 publication or mailing of the notice,] the time allowed by subsection 1 or

71-9 2, the claim is forever barred, but [when] if it is made to appear, by the

71-10 affidavit of the claimant or by other proof to the satisfaction of the court,

71-11 that the claimant did not have notice as provided in NRS 155.020 [,] or

71-12 actual notice of the administration of the estate, the claim may be filed at

71-13 any time before the filing of the final account.

71-14 4. The period of 90 days prescribed by this section is reduced to 60

71-15 days if summary administration is granted under chapter 145 of NRS.

71-16 Sec. 273. NRS 147.050 is hereby amended to read as follows:

71-17 147.050 1. If [the executor or administrator] a personal

71-18 representative is a creditor of the decedent [he shall file his] , the claim

71-19 must be filed with the clerk , who must present it for allowance or rejection

71-20 to the [judge.] court. Its allowance by the [judge] court is sufficient

71-21 evidence of its correctness, and it must be paid as other claims in due

71-22 course of administration.

71-23 2. If the [judge] court rejects the claim, action thereon may be [had

71-24 against the executor or administrator as such by the claimant,] brought by

71-25 the personal representative as claimant against the estate, and summons

71-26 must be served upon the [judge, who] court, which shall appoint an

71-27 attorney, at the expense of the estate, to defend the action. If the claimant

71-28 fails to recover , he must pay all costs, including [defendant’s] reasonable

71-29 attorney’s fees [,] for the estate, to be fixed by the court.

71-30 Sec. 274. NRS 147.060 is hereby amended to read as follows:

71-31 147.060 1. If a judge of the district court files or presents a claim

71-32 against [any] the estate of a [deceased person,] decedent, the administration

71-33 of which is pending before [him, such] that judge , the judge must

71-34 designate, in writing, some other district judge [of the district court of the

71-35 State of Nevada,] who, upon presentation of the claim [to him, shall be] , is

71-36 vested with power to approve or reject it.

71-37 2. In case of its rejection by the [executor or administrator or by such]

71-38 designated judge, the claimant has the same right to [sue] bring an action

71-39 for its recovery as other persons whose claims are rejected.

71-40 Sec. 275. NRS 147.070 is hereby amended to read as follows:

71-41 147.070 1. [Every] A claim for an amount of $250 or more filed with

71-42 the clerk must be supported by the affidavit of the claimant that:

72-1 (a) The amount is justly due (or if the claim is not yet due, that the

72-2 amount is a just demand and will be due on the ..... day of ........).

72-3 (b) No payments have been made thereon which are not credited.

72-4 (c) There are no offsets to the amount demanded to the knowledge of the

72-5 claimant or other affiant.

72-6 2. Every claim filed with the clerk must contain the mailing address of

72-7 the claimant. Any written notice mailed by [an executor or administrator] a

72-8 personal representative to the claimant at the address furnished is proper

72-9 notice.

72-10 3. When the affidavit is made by any other person than the claimant,

72-11 the reasons why it is not made by the claimant must be set forth in the

72-12 affidavit.

72-13 4. The oath may be taken before any person authorized to administer

72-14 oaths.

72-15 5. The amount of interest must be computed and included in the

72-16 statement of the claim and the rate of interest determined.

72-17 6. The court may, [in its discretion,] for good cause shown, allow a

72-18 defective claim or affidavit to be corrected or amended on application

72-19 made at any time before the filing of the final account [.] , but an

72-20 amendment may not be made to increase the amount of a claim after the

72-21 time for filing a claim has expired.

72-22 Sec. 276. NRS 147.080 is hereby amended to read as follows:

72-23 147.080 1. If [the claim be] a claim is founded upon a bond, bill,

72-24 note or other instrument, the original instrument need not be filed, but a

72-25 copy, with all endorsements, [may] must be attached to the statement of the

72-26 claim and filed therewith.

72-27 2. If [the claim be] a claim is secured by mortgage [, deed of trust, or

72-28 other evidence of lien, it, or] or lien, a certified copy [from a record, shall]

72-29 of the mortgage or lien must be attached to the claim and filed [therewith.]

72-30 with the clerk.

72-31 Sec. 277. NRS 147.090 is hereby amended to read as follows:

72-32 147.090 [1. No statute of limitations running on a cause of action

72-33 belonging to a decedent which had not been barred as of the date of his

72-34 death bars a cause of action surviving the death of the decedent sooner than

72-35 4 months after the death. A cause of action which, but for this section,

72-36 would have been barred less than 4 months after death, is barred after 4

72-37 months, unless tolled.

72-38 2.] A claim which is barred by the statute of limitations must not be

72-39 allowed or approved by [the executor or administrator, or by the judge.

72-40 When a claim is presented to a judge for his allowance or approval, he may,

72-41 in his discretion, examine the claimant and others on oath and hear any

72-42 legal evidence touching the validity of the claim.] a personal

72-43 representative or by the court. No claim [,] which has been [allowed,]

73-1 timely filed is affected by the statute of limitations, pending the

73-2 administration of the estate.

73-3 Sec. 278. NRS 147.100 is hereby amended to read as follows:

73-4 147.100 [If an action be]

73-5 1. Except as otherwise ordered by the court for good cause shown, an

73-6 action or proceeding pending against [the deceased] a decedent at the time

73-7 of his [or her death, the plaintiff, in like manner, shall file his claim with the

73-8 clerk, and no recovery shall be held in the action unless proof be made of

73-9 such filing.] death may not be continued against the decedent’s personal

73-10 representative unless:

73-11 (a) A claim is first filed as provided in this chapter;

73-12 (b) The claim is rejected in whole or in part; and

73-13 (c) Within 60 days after notice of rejection is given, the claimant who

73-14 is the plaintiff applies to the court in which the action or proceeding is

73-15 pending for an order substituting the personal representative in the

73-16 action or proceeding. This requirement applies only if the notice of

73-17 rejection contains a statement that the claimant has 60 days within which

73-18 to apply for an order of substitution.

73-19 2. No recovery may be allowed in an action against property in the

73-20 estate of a decedent unless proof is made of compliance with this section.

73-21 Sec. 279. NRS 147.110 is hereby amended to read as follows:

73-22 147.110 1. Within 15 days after the time for filing claims has

73-23 expired, as provided in this chapter, the [executor or administrator]

73-24 personal representative shall examine all claims filed and shall either

73-25 endorse on each claim [his] an allowance or rejection, with the day and the

73-26 year thereof, or shall file a notice of allowance or rejection with the date

73-27 and the year thereof, and [such] the notice of allowance or rejection [shall]

73-28 must be attached to the claim allowed or rejected [.

73-29 2. Within 5 days after the 15 days specified in subsection 1, the

73-30 executor or administrator shall present all claims allowed by him to the

73-31 district judge for his approval or rejection.

73-32 3. If an executor or administrator shall refuse or neglect] and filed with

73-33 the clerk.

73-34 2. If a personal representative refuses or neglects to endorse on a

73-35 claim [his] an allowance or rejection within 15 days, as specified in this

73-36 section, or [shall] does not file a notice of allowance or rejection, the claim

73-37 shall be deemed rejected, but the [executor or administrator] personal

73-38 representative may, nevertheless, allow the claim at any time before the

73-39 filing of the final account.

73-40 3. A personal representative need not allow or reject a claim that was

73-41 not timely filed unless the court otherwise orders.

74-1 Sec. 280. NRS 147.120 is hereby amended to read as follows:

74-2 147.120 All claims [, when] approved by the [judge, shall] personal

74-3 representative or the court must be ranked among the acknowledged debts

74-4 of the estate, to be paid in due course of administration.

74-5 Sec. 281. NRS 147.130 is hereby amended to read as follows:

74-6 147.130 1. [When] If a claim is rejected by the [executor or

74-7 administrator or the district judge,] personal representative or the court, in

74-8 whole or in part, the [holder] claimant must be immediately notified by the

74-9 [executor or administrator, and the holder] personal representative, and

74-10 the claimant must bring suit in the proper court against the [executor or

74-11 administrator] personal representative within 60 days after the notice [,] or

74-12 file a timely petition for summary determination pursuant to subsection 2,

74-13 whether the claim is due or not, or the claim is forever barred. [If the holder

74-14 of a claim resides out of the county, he may] A claimant must be informed

74-15 of the rejection of [his] the claim by written notice forwarded to [his post

74-16 office] the claimant’s mailing address by registered or certified mail.

74-17 2. If a claim filed by the welfare division of the department of human

74-18 resources is rejected by the [executor or administrator,] personal

74-19 representative, the state welfare administrator [or his designated

74-20 representative] may, within 20 days after receipt of the written notice of

74-21 rejection, petition the [district judge] court for summary determination of

74-22 the claim. A petition for summary determination must be filed with the

74-23 clerk , [of the court,] who shall set the petition for hearing, and notice must

74-24 be given for the period and in the manner required by NRS 155.010.

74-25 Allowance of the claim by the [judge] court is sufficient evidence of its

74-26 correctness , and it must be paid as if previously allowed by the [executor

74-27 or administrator.] personal representative.

74-28 3. In any [suit] action brought upon a claim rejected in whole or in

74-29 part by the [executor or administrator, if the executor or administrator]

74-30 personal representative, if he resides out of the state [,] or has departed

74-31 from the state, or cannot, after due diligence, be found within the state, or

74-32 conceals himself to avoid the service of summons, the summons, together

74-33 with a copy of the complaint, must be mailed directly to the last address

74-34 given by [the executor or administrator,] him, with a copy to the attorney

74-35 for the estate, and proof of the mailing must be filed with the [county clerk

74-36 of the county] clerk where the administration of the estate is pending. This

74-37 service is the equivalent of personal service upon the [executor or

74-38 administrator, but the defendant] personal representative, but he has 30

74-39 days from the date of [such] service within which to answer.

74-40 4. If the [defendant] personal representative defaults after such

74-41 service, the default is sufficient grounds for his removal as [executor or

74-42 administrator] personal representative by the court without notice. Upon

74-43 petition and notice, in the manner provided for an application for letters of

75-1 administration, an administrator or an administrator with the will annexed

75-2 must be appointed by the court and, upon his qualification as such, letters

75-3 of administration or letters of administration with the will annexed must be

75-4 issued.

75-5 Sec. 282. NRS 147.140 is hereby amended to read as follows:

75-6 147.140 The time during which there [shall be] is a vacancy in the

75-7 administration [shall] must not be included in any limitations prescribed in

75-8 this [Title.] chapter, except as otherwise provided in NRS 147.020.

75-9 Sec. 283. NRS 147.150 is hereby amended to read as follows:

75-10 147.150 No holder of a claim against an estate [shall] may maintain an

75-11 action thereon unless the claim is first filed with the clerk [,] and the claim

75-12 is rejected in whole or in part, except in the following case: An action may

75-13 be brought by the holder of a mortgage [or lien] to enforce the [same]

75-14 mortgage against the property of the estate subject thereto [where] if all

75-15 recourse against any other property of the estate is expressly waived in the

75-16 complaint.

75-17 Sec. 284. NRS 147.160 is hereby amended to read as follows:

75-18 147.160 1. [Whenever the executor or administrator or the district

75-19 judge shall act upon any claim that may be filed, he] A personal

75-20 representative who, or a court which, acts upon a filed claim shall

75-21 endorse on the claim the amount [he is willing to allow.

75-22 2. Should] offered to be allowed.

75-23 2. If the creditor [refuse] refuses to accept the amount offered to be

75-24 allowed in satisfaction of [his claim, he] the claim, the creditor shall

75-25 recover no costs in any action [which he may bring] brought on the claim

75-26 against the [executor or administrator] personal representative unless he

75-27 [shall recover] recovers a greater amount than that offered to be allowed.

75-28 Sec. 285. NRS 147.170 is hereby amended to read as follows:

75-29 147.170 1. If the [executor or administrator] personal representative

75-30 doubts the correctness of any claim filed [or presented he] , the personal

75-31 representative may enter into an agreement in writing with the claimant to

75-32 refer the matter in controversy to some disinterested person, as a master, to

75-33 be approved by the court [or a judge thereof, which] , and the agreement

75-34 and approval [shall] must be filed with the clerk . [, who shall thereupon]

75-35 The court shall enter an order referring the matter in controversy to the

75-36 person so selected [; or,] , or if the parties consent, [a reference may be

75-37 made to] the matter may be heard by the court.

75-38 2. The master must hear and determine the matter and make [his report

75-39 thereon] a report to the court.

75-40 3. The same proceedings [shall] must be had in all respects , and the

75-41 master [shall have] has the same powers, [be] is entitled to the same

75-42 compensation and is subject to the same control as in other cases of

75-43 reference.

76-1 4. The court may remove the master, appoint another , [in his place,]

76-2 set aside or confirm [his] the report, and adjudge costs, as in actions against

76-3 [executors or administrators,] personal representatives, and the judgment

76-4 of the court thereon [shall be] is as valid and effectual, in all respects, as if

76-5 the [same] judgment had been [rendered in a suit] entered in an action

76-6 commenced by ordinary process . [; but the report of the master, if

76-7 confirmed, merely establishes or rejects the claim, the same as if it had

76-8 been allowed or rejected by the executor or administrator or judge.]

76-9 Sec. 286. NRS 147.180 is hereby amended to read as follows:

76-10 147.180 1. After the time for the presentation of claims has expired,

76-11 the [executor or administrator,] personal representative, with the approval

76-12 of the court, may compromise any claim against the estate or any [suit]

76-13 action brought against the [executor or administrator] personal

76-14 representative as such by the transfer of specific assets of the estate or

76-15 otherwise.

76-16 2. To obtain such approval, the [executor or administrator] personal

76-17 representative shall file a [verified] petition with the clerk showing the

76-18 advantage of the compromise.

76-19 3. The clerk shall set the petition for hearing [by the court, and] , and

76-20 the personal representative shall give notice thereof [shall be given] for

76-21 the period and in the manner required by NRS 155.010.

76-22 4. If, under this section, the court authorizes the transfer of real

76-23 property of the estate, conveyances [shall] must be executed by the

76-24 [executor or administrator] personal representative in the same manner as

76-25 provided in NRS 148.280, and [such conveyances shall] have the same

76-26 force and effect as conveyances executed pursuant to that section.

76-27 5. A certified copy of the order authorizing the transfer must be

76-28 recorded in the office of the recorder of the county in which the real

76-29 property, or any portion thereof, [lies.] is located.

76-30 Sec. 287. NRS 147.190 is hereby amended to read as follows:

76-31 147.190 [When] If a judgment [has been] is recovered with costs

76-32 against [any executor or administrator, the executor or administrator shall

76-33 be personally liable for the costs, but they shall] a personal representative,

76-34 the costs must be allowed [him in his administration accounts, unless it

76-35 shall appear] to the personal representative from the accounts of the

76-36 administration, unless it appears that the [suit] action or proceeding in

76-37 which the costs were taxed [shall have been] was prosecuted or resisted by

76-38 the personal representative without cause.

76-39 Sec. 288. NRS 147.200 is hereby amended to read as follows:

76-40 147.200 1. The effect of [any] a judgment rendered against [any

76-41 executor or administrator upon any claim] a personal representative upon

76-42 a claim for money against the estate of [his testator or intestate shall only

76-43 be] the decedent is only to establish the claim in the same manner as if it

77-1 had been allowed by the [executor or administrator and the district judge,]

77-2 personal representative, and the judgment [shall] must be that the

77-3 [executor or administrator] personal representative pay, in due course of

77-4 administration, the amount ascertained to be due.

77-5 2. A certified copy of the judgment [shall] must be filed in the estate

77-6 proceedings.

77-7 3. No execution [shall] may issue upon the judgment, nor [shall] does

77-8 it create any lien upon the property of the estate, nor give the judgment

77-9 creditor any priority of payment.

77-10 4. This section does not apply to a judgment of foreclosure of a [lien.]

77-11 mortgage.

77-12 Sec. 289. NRS 147.210 is hereby amended to read as follows:

77-13 147.210 1. [When any] If a judgment has been [rendered] entered

77-14 against the [deceased in his or her] decedent in the decedent’s lifetime , no

77-15 execution [shall issue thereon after his or her death;] may issue after death,

77-16 but a certified copy of the judgment [shall] must be attached to the

77-17 statement of claim filed with the clerk and [shall] must be acted on as any

77-18 other claim.

77-19 2. If an execution has been [actually] levied upon any property of the

77-20 [deceased in his] decedent in the decedent’s lifetime , the [same] property

77-21 may be sold for the satisfaction [thereof,] of the judgment, and the officer

77-22 making the sale shall account to the [executor or administrator] personal

77-23 representative for any surplus in his hands.

77-24 3. The lien of an attachment may be converted into the lien of a

77-25 judgment on property in the estate subject to the lien of the attachment,

77-26 with the same priority:

77-27 (a) If the judgment debtor dies after entry of judgment; or

77-28 (b) If judgment is entered after the death of the defendant,

77-29 in the action in which the property was attached.

77-30 Sec. 290. NRS 147.220 is hereby amended to read as follows:

77-31 147.220 All claims paid bear interest from date of filing at a rate equal

77-32 to the prime rate at the largest bank in Nevada, as ascertained by the

77-33 commissioner of financial institutions, on January 1 or July 1, as the case

77-34 may be, immediately preceding the date of filing, plus 2 percent, unless a

77-35 different rate is applicable by contract or otherwise. The rate of interest

77-36 must be adjusted accordingly on each January 1 and July 1 thereafter until

77-37 the amount of the [lien] claim is paid.

77-38 Sec. 291. NRS 147.230 is hereby amended to read as follows:

77-39 147.230 No [executor or administrator shall be] personal

77-40 representative is chargeable upon any special promise to [answer] assume

77-41 liability for damages or to pay the debts of the [deceased out of his own

77-42 estate,] decedent from his own assets, unless the agreement for that

77-43 purpose, or some memorandum or note thereof, is in writing and signed by

78-1 [such executor or administrator,] the personal representative, or by some

78-2 other person by him thereunto specially authorized.

78-3 Sec. 292. Chapter 148 of NRS is hereby amended by adding thereto

78-4 the provisions set forth as sections 293 to 297, inclusive, of this act.

78-5 Sec. 293. If a person who is bound by contract in writing to convey

78-6 or transfer property dies before making the conveyance or transfer, and

78-7 the decedent, if living, could have been compelled to make the

78-8 conveyance or transfer, the court in which proceedings are pending for

78-9 the administration of the estate of the decedent may enter an order

78-10 directing the personal representative to convey or transfer the property to

78-11 the persons entitled thereto.

78-12 Sec. 294. 1. The personal representative, or the person claiming to

78-13 be entitled to the conveyance or transfer, may file with the clerk a petition

78-14 setting forth the facts upon which the claim is predicated.

78-15 2. The clerk shall set the petition for hearing, and the petitioner shall

78-16 give notice for the period and in the manner required by NRS 155.010.

78-17 Sec. 295. 1. At the time appointed, the court, upon proof that due

78-18 notice of the hearing has been given, shall hear the petition and any

78-19 objection that has filed or is presented.

78-20 2. If the court is satisfied that the conveyance or transfer should be

78-21 made, it shall enter an order directing the personal representative to

78-22 execute the conveyance or transfer to the person entitled thereto.

78-23 3. If the transaction relates to real property, a certified copy of the

78-24 order must be recorded with the deed in the office of the county recorder

78-25 of the county in which the real property is located.

78-26 Sec. 296. 1. The order is prima facie evidence of the correctness of

78-27 the proceedings and of the authority of the personal representative to

78-28 make the conveyance or transfer, and after its entry, the person entitled

78-29 to the conveyance or transfer has a right to the possession of the property

78-30 contracted for, and to hold the property according to the terms of the

78-31 intended conveyance or transfer, in like manner as if it had been

78-32 conveyed or transferred to the order.

78-33 2. The personal representative shall execute the conveyance or

78-34 transfer according to the directions of the order, and the court may

78-35 enforce its execution by process. The conveyance or transfer passes title

78-36 to the property contracted for as fully as if the contracting party had

78-37 executed it while living.

78-38 Sec. 297. If it appears advantageous to the estate to exchange any

78-39 property of the estate for other property, the court may authorize the

78-40 exchange, upon petition of the personal representative or of an interested

78-41 person. The clerk shall set the petition for hearing, and the petitioner

78-42 shall give notice of the hearing for the period and in the manner required

78-43 by NRS 155.010.

79-1 Sec. 298. NRS 148.050 is hereby amended to read as follows:

79-2 148.050 In selling property to pay debts, [legacies,] devises, family

79-3 allowance or expenses, there [shall be] is no priority between personal and

79-4 real property. When a sale of property of the estate is necessary for any

79-5 such purpose, or when it is for the advantage, benefit and best interests of

79-6 the estate and [those interested therein] any interested persons that any

79-7 property of the estate be sold, the [executor or administrator] personal

79-8 representative may sell the [same,] property, either at public auction or

79-9 private sale, using his discretion as to which property to sell first, except as

79-10 otherwise provided [by NRS 148.010 and 148.020.] in sections 344 and

79-11 384 of this act.

79-12 Sec. 299. NRS 148.060 is hereby amended to read as follows:

79-13 148.060 1. Except as otherwise provided [by] in NRS 148.170 and

79-14 148.180 [,] and in summary administration under chapter 145 of NRS,

79-15 all sales of property must be reported to the court and confirmed by the

79-16 court before the title to the property passes. [The report must be verified.]

79-17 The report and a petition for confirmation of the sale must be made within

79-18 30 days after each sale.

79-19 2. The clerk shall set the petition for hearing by the court , and the

79-20 petitioner shall give notice thereof for the period and in the manner

79-21 required by NRS 155.010, or for such a period and in such manner as may

79-22 be ordered by the court.

79-23 Sec. 300. NRS 148.070 is hereby amended to read as follows:

79-24 148.070 [Any person interested in the estate] An interested person

79-25 may file written objections to the confirmation of the sale and may be heard

79-26 thereon, and may produce witnesses in support of [his] the objections.

79-27 Before an order is made confirming a sale , it must be proved to the

79-28 satisfaction of the court that notice of the sale was given as prescribed by

79-29 this [Title,] chapter, and the order of confirmation must show that such

79-30 proof was made.

79-31 Sec. 301. NRS 148.080 is hereby amended to read as follows:

79-32 148.080 [When] If property is directed by the will to be sold, or

79-33 authority is given in the will to sell the property, the [executor] personal

79-34 representative may sell [the same] it either at public auction or private sale,

79-35 and with or without notice, as [he] the personal representative may

79-36 determine, but [he] the personal representative must make a return of sales

79-37 and obtain confirmation [thereof] as in other cases. In either case , no title

79-38 passes unless the sale is confirmed by the court , [;] but the necessity of the

79-39 sale, or its advantage or benefit to the estate or [those interested therein]

79-40 interested persons need not be shown. If directions are given in the will as

79-41 to the mode of selling, or the particular property to be sold, [such] those

79-42 directions must be observed.

80-1 Sec. 302. NRS 148.090 is hereby amended to read as follows:

80-2 148.090 If the [executor or administrator] personal representative

80-3 neglects or refuses to sell any property of the estate when it is necessary or

80-4 when it is for the advantage, benefit and best interests of the estate and

80-5 [those interested therein, or when the executor] interested persons, or if the

80-6 personal representative is directed by the will to sell the [same, any

80-7 person] property, an interested person may petition the court for an order

80-8 requiring the [executor or administrator] personal representative to sell.

80-9 The clerk shall set the petition for hearing by the court, and the petitioner

80-10 shall give notice [thereof must be given to the executor or administrator] to

80-11 the personal representative by citation served at least 5 days before the

80-12 hearing.

80-13 Sec. 303. NRS 148.100 is hereby amended to read as follows:

80-14 148.100 If there is [any] neglect or misconduct in the proceedings of

80-15 the [executor or administrator] personal representative in relation to any

80-16 sale by which [any person interested in the estate] an interested person

80-17 suffers damage, the person aggrieved may recover [the same] damages in

80-18 an action upon the bond of the [executor or administrator] personal

80-19 representative or otherwise.

80-20 Sec. 304. NRS 148.110 is hereby amended to read as follows:

80-21 148.110 1. The [executor or administrator] personal representative

80-22 may enter into a written contract with any bona fide agent, broker , or

80-23 multiple group of agents or brokers to secure a purchaser for any real

80-24 property of the estate, and by that contract , the [executor or administrator]

80-25 personal representative may grant an exclusive right to sell and shall

80-26 provide for the payment to the agent, broker , or multiple group of agents

80-27 or brokers, out of the proceeds of a sale to any purchaser secured pursuant

80-28 to the contract, of a commission, the amount of which must be fixed and

80-29 allowed by the court upon confirmation of the sale. [When] If the sale is

80-30 confirmed to the purchaser , the contract is binding and valid as against the

80-31 estate for the amount so allowed by the court.

80-32 2. By the execution of any such contract no personal liability [attaches

80-33 to the executor or administrator,] is incurred by the personal

80-34 representative, and no liability of any kind is incurred by the estate unless

80-35 [an actual] a sale is made and confirmed by the court.

80-36 3. The commission must not exceed:

80-37 (a) Ten percent for unimproved real property.

80-38 (b) Seven percent for improved real property.

80-39 Sec. 305. NRS 148.120 is hereby amended to read as follows:

80-40 148.120 When an offer is presented for confirmation by the court,

80-41 other offerors may submit higher bids and the court may confirm the

80-42 highest bid. Upon confirmation, the real estate commission [may] must be

80-43 divided between the listing agent and the agent, if any, who procured the

81-1 purchaser to whom the sale was confirmed, in accordance with the listing

81-2 agreement.

81-3 Sec. 306. NRS 148.130 is hereby amended to read as follows:

81-4 148.130 1. [When] If real or personal property is sold [, which] that

81-5 is subject to a mortgage [, deed of trust,] or other lien which is a valid claim

81-6 against the estate, the purchase money must be applied , after paying the

81-7 necessary expenses of the sale [, first,] :

81-8 (a) First, to the payment and satisfaction of the mortgage [, deed of

81-9 trust,] or other lien [, and the] ; and

81-10 (b) The residue, if any, in due course of administration.

81-11 2. The application of the purchase money to the satisfaction of the

81-12 mortgage [, deed of trust,] or other lien must be made without delay, and

81-13 the property is subject to [such mortgage, deed of trust,] the mortgage or

81-14 other lien until the purchase money has been [actually] so applied.

81-15 Sec. 307. NRS 148.140 is hereby amended to read as follows:

81-16 148.140 The purchase money, or so much thereof as [may be] is

81-17 sufficient to pay [such mortgage, deed of trust,] the mortgage or other lien,

81-18 with interest, and any lawful costs and charges thereon, may be paid to the

81-19 clerk [of the court,] if the mortgagee or other lienholder cannot be found,

81-20 whereupon the mortgage [, deed of trust,] or other lien upon the property

81-21 [shall cease,] ceases, and the purchase money must be paid over by the

81-22 clerk [of the court] without delay, in payment of the expenses of sale, and

81-23 in satisfaction of the obligation [to secure which] secured by the mortgage

81-24 [, deed of trust,] or other lien, [was taken,] and the surplus, if any, at once

81-25 returned to [the executor or administrator,] personal representative unless,

81-26 for good cause shown, after notice to the executor or administrator, the

81-27 court otherwise directs.

81-28 Sec. 308. NRS 148.150 is hereby amended to read as follows:

81-29 148.150 At [any] a sale of real or personal property upon which there

81-30 is a mortgage [, deed of trust,] or lien, the holder thereof may become the

81-31 purchaser, and [his] the receipt for the amount due [him] to the holder from

81-32 the proceeds of the sale is a payment pro tanto.

81-33 Sec. 309. NRS 148.160 is hereby amended to read as follows:

81-34 148.160 1. [It shall be lawful for an executor or administrator to] A

81-35 personal representative may sell the equity of the estate in any property

81-36 which is subject to [any encumbrance, and to] a mortgage or lien and sell

81-37 the [same] property subject to the [encumbrance and to the debt thereby

81-38 secured,] mortgage or lien, upon such proceedings as are [herein]

81-39 prescribed in this chapter for the sale of like property.

81-40 2. [In the event that] If a claim has been filed upon the debt secured by

81-41 the mortgage or lien, no such sale [shall] may be confirmed unless the

81-42 holder of the claim , [shall,] by a signed and acknowledged instrument [,]

82-1 filed in the matter of the estate, [release] releases the estate from all

82-2 liability upon the claim.

82-3 Sec. 310. NRS 148.170 is hereby amended to read as follows:

82-4 148.170 Perishable property and other personal property which will

82-5 depreciate in value if not disposed of promptly, or which will incur loss or

82-6 expense by being kept, and so much other personal property as may be

82-7 necessary to provide the family allowance pending the receipt of other

82-8 sufficient [funds,] money, may be sold without notice, and title [shall pass]

82-9 passes without confirmation , [;] but the [executor, administrator or special

82-10 administrator] personal representative is responsible for the actual value of

82-11 the property unless [, after making a sworn return, and on a proper

82-12 showing, the court shall approve the sale.] he obtains an order approving

82-13 the sale before the closing of the estate.

82-14 Sec. 311. NRS 148.180 is hereby amended to read as follows:

82-15 148.180 1. [Stocks and bonds may be sold and title thereto passed

82-16 without the necessity of confirmation, upon obtaining an order of the court.

82-17 2. A petition for such an order shall be filed with the clerk who shall

82-18 set the same for hearing by the court and shall give notice thereof for the

82-19 period and in the manner required by NRS 155.010, but the court or judge

82-20 may order the notice to be given for a shorter period or dispensed with.

82-21 3. The order shall fix the terms and conditions of sale and may

82-22 dispense with notice of sale when the minimum selling price is fixed, or

82-23 when the securities are to be sold upon an established stock or bond

82-24 exchange.] If the sale of securities is authorized by will or by consent of

82-25 the devisees or heirs to whom the securities are to be distributed, the

82-26 securities may be sold without notice, and title passes without

82-27 confirmation, if the securities are sold upon an established securities

82-28 exchange.

82-29 2. All other securities may be sold upon obtaining an order of the

82-30 court. Upon the filing of a petition requesting such an order, the clerk

82-31 shall set the matter for hearing and the petitioner shall give notice for the

82-32 period and in the manner required by NRS 155.010, but the court may

82-33 shorten the period or dispense with notice.

82-34 Sec. 312. NRS 148.190 is hereby amended to read as follows:

82-35 148.190 1. Except as otherwise provided [by] in NRS 148.080,

82-36 148.170 and 148.180 and in summary administration under chapter 145 of

82-37 NRS, [the executor or administrator] a personal representative may sell

82-38 personal property of the estate only after [he has caused notice to be

82-39 published at least 10 days before the sale in one or more issues of] notice is

82-40 published in a newspaper published in the county where the proceedings

82-41 are pending, if there is such a newspaper [;] , and if not, then in one having

82-42 general circulation in the county [.] , for 2 weeks, consisting of three

82-43 publications 1 week apart, before the day of the sale or, in the case of a

83-1 private sale, before the day on or after which the sale is to be made. For

83-2 good cause shown, the court may decrease the number of publications to

83-3 one and shorten the time for publication to a period not less than 8 days.

83-4 The notice shall include [the time and place of sale, and] a brief description

83-5 of the property to be sold [.] , a place where bids or offers will be received,

83-6 and a day on or after which the sale will be made.

83-7 2. Public sales [must] may be made at the courthouse door, at some

83-8 other public place, at the residence of the decedent or at a place designated

83-9 by the [executor or administrator;] personal representative, but no sale

83-10 may be made of any personal property which is not [present] available for

83-11 inspection at the time of sale, unless the court [shall otherwise order.]

83-12 otherwise orders.

83-13 Sec. 313. NRS 148.200 is hereby amended to read as follows:

83-14 148.200 Personal property may be sold for cash [,] or upon [a] credit.

83-15 Sec. 314. NRS 148.220 is hereby amended to read as follows:

83-16 148.220 1. Notice of the time and place of sale of real property must

83-17 be published in a newspaper published in the county in which the [land]

83-18 property, or some portion [thereof lies,] of the property, is located, if there

83-19 is one so published [(if none,] , and if not, then in such paper as the court

83-20 [or judge may direct)] directs, for 2 weeks, being [3] three publications, 1

83-21 week apart, before the day of sale [,] or, in the case of a private sale, before

83-22 the day on or after which the sale is to be made. For good cause shown,

83-23 the court may decrease the number of publications to one and shorten

83-24 the time for publication to a period not less than 8 days.

83-25 2. [When, however,] If it appears from the inventory and appraisement

83-26 that the value of the property to be sold does not exceed [$500, the

83-27 executor or administrator may, in his discretion,] $5,000, the personal

83-28 representative may dispense with the publication [,] and , in lieu thereof ,

83-29 post a notice of the time and place of sale in [3] three of the most public

83-30 places in the county [,] in which the [land] property, or some portion

83-31 [thereof lies,] of the property, is located, for 2 weeks before the day of the

83-32 sale [,] or, in the case of a private sale, before the day on or after which the

83-33 sale is to be made.

83-34 3. The property proposed to be sold must be described with common

83-35 certainty in the notice.

83-36 Sec. 315. NRS 148.230 is hereby amended to read as follows:

83-37 148.230 1. [Sales] A sale at public auction must be made in the

83-38 county in which the [land lies, and if it lies] real property is located, and if

83-39 it is located in two or more counties, it may be sold in either. The sale must

83-40 be made between the hours of 9 a.m. and [the setting of the sun on the same

83-41 day, and must be made] 5 p.m. on the day named in the notice of sale,

83-42 unless the [same] sale is postponed.

84-1 2. If, at the time appointed for the sale, the [executor or administrator

84-2 deems it for the interest of all persons concerned therein] personal

84-3 representative determines that the [same] sale should be postponed, [he

84-4 may postpone] it may be postponed from time to time, not [exceeding in

84-5 all] to exceed 3 months. In case of a postponement, notice [thereof] must be

84-6 given by a public declaration at the time and place first appointed for the

84-7 sale.

84-8 Sec. 316. NRS 148.240 is hereby amended to read as follows:

84-9 148.240 1. [In the case] The notice of a private sale [, the notice]

84-10 must state a place where bids or offers will be received, and a day on or

84-11 after which the sale will be made, which [day] must be at least [15 days

84-12 from] 2 weeks after the first publication or posting of the notice, and the

84-13 sale [must] may not be made before that day, [but] and must be made

84-14 within 1 year thereafter , [;] but if it is shown that it will be for the best

84-15 interests of the estate, the court [or judge] may, by an order, decrease the

84-16 number of publications and shorten the time of notice, which [shall] may

84-17 not, however, be less than [1 week,] 8 days, and may provide that the sale

84-18 may be made on or after a day less than [15] 2 weeks, but not less than 8

84-19 days [from] after the first publication or posting of the notice, in which

84-20 case the notice of sale and the sale may be made to correspond with [such]

84-21 the order.

84-22 2. The bids or offers must be in writing, and may be left at the place

84-23 designated in the notice or delivered to the [executor or administrator

84-24 personally, or may be filed in the office of the clerk of the court where the

84-25 proceedings are pending,] personal representative personally at any time

84-26 after the first publication or posting of the notice and before the making of

84-27 the sale.

84-28 Sec. 317. NRS 148.260 is hereby amended to read as follows:

84-29 148.260 [No]

84-30 1. Except as otherwise provided in subsection 2, no sale of real

84-31 property at private sale [shall] may be confirmed by the court unless the

84-32 court is satisfied that the sum offered represents the fair market value of the

84-33 property sold, nor unless [such] the real property has been appraised within

84-34 1 year [of] before the time of [such] sale. If it has not been appraised, a

84-35 new appraisement must be had, as in the case of an original appraisement of

84-36 an estate. This may be done at any time before the sale or confirmation

84-37 thereof.

84-38 2. If the personal representative is the sole devisee or heir of the

84-39 estate, or if all devisees or heirs consent in writing to sale without an

84-40 appraisal, the requirement of an appraisal may be dispensed with and the

84-41 personal representative may rely on the assessed value of the property for

84-42 taxation in obtaining confirmation of the sale.

85-1 Sec. 318. NRS 148.270 is hereby amended to read as follows:

85-2 148.270 1. [Upon] At the hearing , the court [must examine into]

85-3 shall consider the necessity for the sale, or the advantage, benefit and

85-4 interest of the estate in having the sale made, and must examine the return

85-5 and [witnesses] the evidence in relation to the sale.

85-6 2. If it appears to the court that good reason existed for the sale, that

85-7 the sale was legally made and fairly conducted, and complied with the

85-8 requirements of NRS 148.260, that the sum bid is not disproportionate to

85-9 the value, and it does not appear that a sum exceeding the bid by at least 5

85-10 percent if the bid is not more than $100,000, or by at least $5,000 if the bid

85-11 is $100,000 or more, may be obtained, the court shall [make] enter an order

85-12 confirming the sale and directing conveyances to be executed [; otherwise]

85-13 otherwise, it shall vacate the sale . [and direct another to be had, of which]

85-14 If the court directs that the property be resold, notice must be given and

85-15 the sale in all respects conducted as if no previous sale had taken place.

85-16 3. [But if] If a written offer of 5 percent or $5,000 more in amount than

85-17 that named in the return is made to the court by a responsible person, as

85-18 provided in subsection 2, and the bid complies with all provisions of the

85-19 law, the court may accept the offer and confirm the sale to that person,

85-20 order a new sale or conduct a public auction in open court.

85-21 4. If a higher bid is received at the time of a hearing to confirm the

85-22 sale, the court may continue the hearing if it finds that the original

85-23 bidder was not notified of the hearing and might desire to increase his

85-24 bid, but failure to notify the original bidder or to continue the hearing is

85-25 not grounds to void an order confirming a sale.

85-26 Sec. 319. NRS 148.280 is hereby amended to read as follows:

85-27 148.280 1. [Conveyances must thereupon] If a sale is confirmed, a

85-28 conveyance must be executed to the purchaser by the [executor or

85-29 administrator, and they] personal representative. The conveyance must

85-30 refer to the order confirming sale and [directing conveyances to be

85-31 executed,] a certified copy of [which] the order must be recorded in the

85-32 office of the recorder of the county in which the [land] property, or any

85-33 portion thereof [lies.] , is located.

85-34 2. [Conveyances so made convey] A conveyance so made conveys all

85-35 the right, title, interest and estate of the decedent in the [premises] property

85-36 at the time of his death , [;] and if [prior to] before the sale, by operation of

85-37 law or otherwise, the estate has acquired any right, title or interest in the

85-38 [premises,] property other than or in addition to that of the decedent at the

85-39 time of his death, [such] that right, title or interest also passes by [such

85-40 conveyances.] the conveyance.

85-41 Sec. 320. NRS 148.290 is hereby amended to read as follows:

85-42 148.290 1. If a sale is made upon [a] credit, the [executor or

85-43 administrator must] personal representative shall take the note or notes of

86-1 the purchaser for the unpaid portion of the purchase money, with a

86-2 mortgage [or deed of trust] on the property to secure their payment.

86-3 2. The mortgage [or deed of trust] may contain a provision for release

86-4 of parts of the property if the court approves the provision.

86-5 Sec. 321. NRS 148.300 is hereby amended to read as follows:

86-6 148.300 If, after the confirmation, the purchaser neglects or refuses to

86-7 comply with the terms of the sale, the court, on motion of the [executor or

86-8 administrator,] personal representative, and after notice to the purchaser,

86-9 may vacate the order of confirmation and order a resale of the property. If

86-10 the amount realized on [such] the resale does not cover the bid and the

86-11 expenses of the previous sale, [such] the purchaser is liable to the estate for

86-12 the deficiency.

86-13 Sec. 322. NRS 148.310 is hereby amended to read as follows:

86-14 148.310 [An executor or administrator] A personal representative who

86-15 fraudulently sells any real property of a decedent contrary to or otherwise

86-16 than under the provisions of this [Title] chapter is liable [in] for double the

86-17 value of the [land] property sold, as liquidated damages, to be recovered in

86-18 an action by the person having an estate of inheritance therein.

86-19 Sec. 323. NRS 148.320 is hereby amended to read as follows:

86-20 148.320 The periods of limitation prescribed in NRS 11.270 [shall]

86-21 apply to all actions for the recovery of any property sold by [an executor or

86-22 administrator] a personal representative in accordance with the provisions

86-23 of this [Title,] chapter, and to all actions to set aside such a sale.

86-24 Sec. 324. NRS 148.330 is hereby amended to read as follows:

86-25 148.330 If a decedent, at the time of [his] death, was [possessed of] a

86-26 party to a contract for the purchase of [real property, his] property, the

86-27 interest in [such] the property and under [such] the contract may be sold by

86-28 [his executor or administrator,] the personal representative in the same

86-29 manner as if [he] the decedent had died seised of [such] the property, and

86-30 the same proceedings may be had for that purpose as are prescribed in this

86-31 chapter for the sale of property of which he died seised, except as

86-32 [hereinafter provided.] otherwise provided in this chapter.

86-33 Sec. 325. NRS 148.340 is hereby amended to read as follows:

86-34 148.340 1. The sale must be made subject to all payments which are

86-35 due at the time of sale or which may thereafter become due on the contract,

86-36 and if there are any, the sale must not be confirmed by the court until the

86-37 purchaser executes a bond to the [executor or administrator] personal

86-38 representative for the benefit and indemnity of himself and of the persons

86-39 entitled to the interest of the decedent in the [lands] property so contracted

86-40 for, in double the whole amount of payments then due and thereafter to

86-41 become due on the contract, with such sureties as the court [or judge shall

86-42 approve.] approves.

87-1 2. The bond must be conditioned that the purchaser will make all

87-2 payments for the property which are then due or which become due after

87-3 the date of the sale, and will fully indemnify the [executor or administrator]

87-4 personal representative and the persons so entitled against all demands,

87-5 cost, charges and expenses by reason of any covenant or agreement

87-6 contained in the contract.

87-7 3. A bond need not be given [when] if no claim has been made against

87-8 the estate upon the contract and time for filing or presenting claims has

87-9 expired, nor [when] if the holder of the claim , [shall,] by a signed and

87-10 acknowledged instrument filed in the matter of the estate, [release] releases

87-11 the estate from all liability upon the claim.

87-12 Sec. 326. NRS 148.350 is hereby amended to read as follows:

87-13 148.350 Upon the confirmation of the sale, the [executor or

87-14 administrator must] personal representative shall execute to the purchaser

87-15 an assignment of the contract, which vests in the purchaser, [his] and the

87-16 heirs and assigns [,] of the purchaser, all the right, title and interest of the

87-17 estate, or of the persons entitled to the interest of the decedent, in the

87-18 property sold at the time of the sale, and the purchaser has the same rights

87-19 and remedies against the [vendor of the land] seller of the property as the

87-20 decedent would have had if [he were] living.

87-21 Sec. 327. NRS 148.360 is hereby amended to read as follows:

87-22 148.360 1. To enter into an agreement to sell or to give an option to

87-23 purchase a mining claim , [or claims,] or real property worked as a mine,

87-24 belonging to the estate of a decedent, the [executor or administrator, or any

87-25 person interested in the estate,] personal representative, or an interested

87-26 person, shall file a [verified] petition describing the property in question,

87-27 stating the terms and general conditions of the proposed agreement or

87-28 option, showing the advantage or advantages that may accrue to the estate

87-29 from entering into it, and [praying for] requesting an order authorizing or

87-30 directing its execution.

87-31 2. The clerk shall set the petition for hearing [by the court, and notice

87-32 thereof shall be given] , and the petitioner shall give notice for the period

87-33 and in the manner provided in NRS 155.010.

87-34 Sec. 328. NRS 148.370 is hereby amended to read as follows:

87-35 148.370 1. At the time appointed, the court, upon proof that due

87-36 notice of the hearing has been given, shall proceed to hear the petition and

87-37 any objection thereto that may have been filed or presented , [;] and if, after

87-38 a [full] hearing, the court is satisfied that it will be to the advantage of the

87-39 estate to enter into the proposed agreement, it shall [make] enter an order

87-40 [authorizing and] directing the [executor or administrator] personal

87-41 representative to enter into [such] the agreement of sale or to give [such]

87-42 the option to purchase.

88-1 2. The order may prescribe the terms and conditions of the agreement

88-2 or option.

88-3 3. A certified copy of the order [shall] must be recorded in the office

88-4 of the county recorder of every county in which the [land] property affected

88-5 by the agreement or option, or any portion thereof, [lies.] is located.

88-6 Sec. 329. NRS 148.380 is hereby amended to read as follows:

88-7 148.380 1. [At the time of making the order, the court shall] The

88-8 order must fix the amount of such additional bond as [it] the court

88-9 determines should be given by the [executor or administrator, who shall not

88-10 be] personal representative, who is not entitled to receive any of the

88-11 proceeds from the agreement or option until the bond is given and

88-12 approved.

88-13 2. When the order is [made, the executor or administrator] entered, the

88-14 personal representative shall execute, acknowledge and deliver an

88-15 agreement or option to purchase containing the conditions specified in the

88-16 order and setting forth therein that it is made by authority of the order, and

88-17 giving the date of the order.

88-18 Sec. 330. NRS 148.390 is hereby amended to read as follows:

88-19 148.390 If the purchaser or option holder neglects or refuses to comply

88-20 with the terms of the agreement or option, the court, on [motion of the

88-21 executor or administrator,] petition of the personal representative, and

88-22 after notice to the purchaser or option holder, shall [make] enter an order

88-23 canceling the agreement or option [; but such cancellation shall] , but the

88-24 cancellation does not affect any liability [therefore] previously created.

88-25 Sec. 331. NRS 148.400 is hereby amended to read as follows:

88-26 148.400 [When] If the terms of [such] an agreement to sell or option

88-27 to purchase have been complied with by the purchaser or option holder, and

88-28 all payments have been made according to the terms thereof, the [executor

88-29 or administrator must] personal representative shall make a return [of his

88-30 proceedings] to the court and petition for [a confirmation thereof, and

88-31 thereupon notice shall] confirmation. Notice must be given, a hearing had,

88-32 an order made by the court confirming or refusing to confirm the

88-33 proceedings and conveyances executed, in the same manner and with like

88-34 effect as in the case of the sale of [any] real property.

88-35 Sec. 332. Chapter 149 of NRS is hereby amended by adding thereto a

88-36 new section to read as follows:

88-37 1. The personal representative or an interested person may petition

88-38 the court to enter an order:

88-39 (a) If the decedent died in possession of, or holding title to, property

88-40 and the property or an interest in it is claimed by another.

88-41 (b) If the decedent died having a claim to property and another holds

88-42 title to or is in possession of the property.

89-1 2. The petition must state the facts upon which it is based and the

89-2 name and address of each person entitled to notice of the petition.

89-3 3. Upon the filing of the petition, the clerk shall set it for hearing and

89-4 the petitioner shall give notice of the hearing, at least 30 days before the

89-5 time set, to:

89-6 (a) All interested persons, in the manner provided in NRS 155.010.

89-7 (b) Each person claiming an interest in, or having title to or

89-8 possession of the property, and any other person whose right, title or

89-9 interest in or to the property would be affected by the granting of the

89-10 petition, in the manner provided in NRS 155.040.

89-11 (c) Any other person, in the manner directed by the court.

89-12 4. An interested person may request time for filing a response to the

89-13 petition, for discovery, or for other preparation for the hearing, and the

89-14 court may grant a continuance for a reasonable time.

89-15 5. The court shall not grant a petition under this section if it

89-16 determines that the matter should be determined by a civil action.

89-17 6. A person having or claiming title to or an interest in the property

89-18 which is the subject of the petition may, at or before the hearing, object

89-19 to the hearing if the petition is filed in a court which is not the proper

89-20 court under other law for the trial of a civil action seeking the same relief

89-21 and, if the ground for the objection is established, the court shall not

89-22 grant the petition.

89-23 7. If a civil action is pending with respect to the subject matter of the

89-24 petition and jurisdiction was obtained in the court where that action is

89-25 pending before the petition was filed, upon request of a party to the civil

89-26 action, the court shall stay action on the petition until the conclusion of

89-27 the civil action, but the court need not stay action if it determines that the

89-28 civil action was filed for the purpose of delay.

89-29 8. Except as otherwise provided in subsection 5, 6 or 7, if the court is

89-30 satisfied that a conveyance, transfer, delivery or other disposition should

89-31 be made, the court shall enter an order directing the personal

89-32 representative or other person having title to or possession of the property

89-33 to convey, transfer or deliver it to the person entitled thereto or granting

89-34 other appropriate relief.

89-35 9. If an order is entered pursuant to subsection 8:

89-36 (a) The order is prima facie evidence of the correctness of the

89-37 proceedings and of the personal representative or other person to execute

89-38 the conveyance or transfer.

89-39 (b) The person entitled under the order has the right to possession of

89-40 the property, and the right to hold the property, according to the terms of

89-41 the order as if the property had been conveyed or transferred.

90-1 (c) The personal representative or other person to whom the order is

90-2 directed shall execute the conveyance or transfer according to the terms

90-3 of the order.

90-4 (d) A conveyance or transfer by the personal representative passes title

90-5 to the property as fully as if the decedent had executed it while living.

90-6 Sec. 333. NRS 149.010 is hereby amended to read as follows:

90-7 149.010 1. [Whenever it shall appear] If it appears to be to the

90-8 advantage of the estate to borrow money upon a note or notes, [either]

90-9 unsecured or to be secured by a security agreement or other lien upon the

90-10 personal property of the decedent [,] or any part thereof, or to be secured

90-11 by a mortgage [or deed of trust] upon the real property of the decedent [,]

90-12 or any part thereof, or to mortgage or [give a deed of trust upon, or to]

90-13 create a security interest or other lien upon [, such] the property or any part

90-14 thereof, in order to pay the debts of the decedent, or [legacies,] devises, or

90-15 expenses or charges of administration, or to pay, reduce, extend or renew

90-16 [some] a security interest or agreement or lien or mortgage [or deed of trust

90-17 already subsisting] existing upon property of the estate, and as often as

90-18 occasion [therefor shall arise] arises in the administration of the estate, the

90-19 court may [authorize, empower and] direct the [executor or administrator]

90-20 personal representative to borrow the money and to execute such note or

90-21 notes [,] and, in a proper case, to execute such mortgage, [or deed of trust,]

90-22 or to give other security by way of security interest or other lien, or may

90-23 authorize, in a proper case, the execution of an extension agreement.

90-24 2. [When] If property of the estate consists of an undivided fractional

90-25 interest in real or personal property, and it [shall appear] appears to be to

90-26 the advantage of the estate to borrow money in order to improve, utilize,

90-27 operate or preserve [such] the property jointly with the other co-owner or

90-28 co-owners, or in order to pay, reduce, extend or renew some security

90-29 interest or agreement, lien [, mortgage or deed of trust already subsisting

90-30 upon all such] or mortgage existing upon the property, including the other

90-31 undivided interest or interests therein, the court may [authorize, empower

90-32 and] direct the [executor or administrator] personal representative to

90-33 borrow the money required for [such] those purposes and to join with the

90-34 owner or owners of the other undivided interest or interests in the property,

90-35 or their duly authorized representatives or agents, in the execution of such

90-36 joint and several note or notes as may be necessary, and to join with the

90-37 owner or owners of the other undivided interest or interests in the property,

90-38 or their duly authorized representatives or agents, in the execution of such

90-39 security agreement, lien [, mortgage or deed of trust] or mortgage as may

90-40 be required to secure the payment of [such] the note or notes.

90-41 [3. To obtain such orders, the proceedings to be taken and the effect

90-42 thereof shall be as provided in NRS 149.020 to 149.050, inclusive.]

91-1 Sec. 334. NRS 149.020 is hereby amended to read as follows:

91-2 149.020 1. The [executor or administrator, or any person interested

91-3 in the estate,] personal representative or an interested person shall file a

91-4 [verified] petition showing:

91-5 (a) The particular purpose or purposes for which the order is sought.

91-6 (b) The necessity for or advantage to accrue from entry of the order.

91-7 (c) The amount of money proposed to be raised, if any.

91-8 (d) The rate of interest to be paid.

91-9 (e) The length of time the note or notes are to run.

91-10 (f) A general description of the property proposed to be mortgaged or

91-11 subjected to [such deed of trust,] the security agreement or other lien.

91-12 2. The clerk shall set the petition for hearing [by the court. Notice] and

91-13 the petitioner shall give notice of the hearing [shall be given] in the

91-14 manner required by NRS 155.010 or as the court by order may require.

91-15 Sec. 335. NRS 149.030 is hereby amended to read as follows:

91-16 149.030 1. At the time appointed, the court, upon proof that due

91-17 notice of the hearing has been given, shall proceed to hear the petition and

91-18 any objection [thereto] that may have been filed or presented . [; and if,] If,

91-19 after a [full] hearing, the court is satisfied that it will be to the advantage of

91-20 the estate, it shall [make] enter an order [authorizing and] directing the

91-21 [executor or administrator] personal representative to borrow the money

91-22 and to execute [such] the note or notes, and, in a proper case, to execute

91-23 [such mortgage or deed of trust, or to] the mortgage or give other security

91-24 by way of security interest or other lien.

91-25 2. The court may direct that a lesser amount than that named in the

91-26 petition be borrowed, and may prescribe the maximum rate of interest and

91-27 the period of the loan, [and may direct in what coin or currency it shall be

91-28 paid,] and require that the interest and the whole or any part of the principal

91-29 be paid, from time to time, out of the whole estate or any part thereof, and

91-30 that the personal property to be subject to the security agreement or other

91-31 lien, or any [buildings] improvements on the premises to be mortgaged [or

91-32 subject to the deed of trust, shall be] , are insured for the further security of

91-33 the lender, and the premiums paid from the assets of the estate.

91-34 3. A certified copy of the order [shall] must be recorded in the office

91-35 of the county recorder of every county in which the [land] property affected

91-36 by the order, or any portion thereof, [lies.] is located.

91-37 Sec. 336. NRS 149.040 is hereby amended to read as follows:

91-38 149.040 The [executor or administrator] personal representative shall

91-39 execute, acknowledge and deliver the mortgage [, or deed of trust,] or other

91-40 security, as directed, setting forth therein that it is made by authority of the

91-41 order, giving the date of the order. The note or notes and mortgage [, or

91-42 deed of trust,] or other security [, shall] must be signed by the [executor or

92-1 administrator] personal representative as such, and [shall] create no

92-2 personal liability against [the person so signing.] him.

92-3 Sec. 337. NRS 149.050 is hereby amended to read as follows:

92-4 149.050 1. [Every mortgage,] A mortgage or security agreement [or

92-5 deed of trust] so made [shall be] is effectual to mortgage or subject to the

92-6 security agreement [or to the deed of trust] all right, title, interest and estate

92-7 which the decedent had in the property described therein at the time of his

92-8 death or [prior thereto] previously and any right, title or interest in the

92-9 property acquired by the estate of [such] the decedent, by operation of law

92-10 or otherwise, since the time of his death.

92-11 2. Jurisdiction of the court to administer the estate of [such decedent

92-12 shall be] the decedent is effectual to vest the court with jurisdiction to

92-13 [make] enter the order for the note or notes [,] and mortgage [,] or security

92-14 agreement [or deed of trust, and such jurisdiction shall conclusively inure] ,

92-15 and the jurisdiction conclusively inures to the benefit of the mortgagee

92-16 named in the mortgage [,] or the secured party named in the security

92-17 agreement [or the trustee and beneficiary named in the deed of trust, his or

92-18 their] and the heirs, successors and assigns [.] of the secured party.

92-19 3. No omission, error or irregularity in the proceedings [shall impair or

92-20 invalidate the same] impairs or invalidates them or the note or notes [,

92-21 mortgage,] or mortgage or security agreement [or deed of trust] given in

92-22 pursuance thereof, and the mortgagee [,] or secured party [or the trustee

92-23 and beneficiary, their] and the heirs, successors and assigns [, shall] of the

92-24 secured party, have and possess the same rights and remedies on the note

92-25 or notes [,] and mortgage [,] or security agreement [or deed of trust] as if it

92-26 had been made by the decedent [prior to] before his death, except that ,

92-27 upon any foreclosure or sale under the mortgage [,] or security agreement ,

92-28 [or deed of trust,] if the proceeds of the sale of the encumbered property are

92-29 insufficient to pay the note or notes, the mortgage [,] or security agreement

92-30 , [or deed of trust,] and the costs or expenses of sale, no judgment [shall]

92-31 may be had or allowed [,] except in cases where the note or notes [,

92-32 mortgage,] or mortgage or security agreement [or deed of trust were] was

92-33 given to pay, reduce, extend or renew a lien [or mortgage,] , mortgage or

92-34 security agreement [or deed of trust subsisting] existing at the time of the

92-35 death of the decedent and the indebtedness secured thereby was an allowed

92-36 and approved claim against the estate, in which case the part of the

92-37 indebtedness remaining unsatisfied must be classed and paid with other

92-38 allowed claims against the estate.

92-39 Sec. 338. NRS 149.060 is hereby amended to read as follows:

92-40 149.060 [Whenever it shall appear] If it appears to be to the advantage

92-41 of the estate to lease any real property of the decedent, and as often as

92-42 occasion [therefor shall arise] arises in the administration of the estate, the

93-1 court may [authorize and] direct the [executor or administrator] personal

93-2 representative to execute [such] the lease.

93-3 Sec. 339. NRS 149.070 is hereby amended to read as follows:

93-4 149.070 1. To obtain such an order the [executor or administrator, or

93-5 any person interested in the estate,] personal representative or an

93-6 interested person shall file a [verified] petition, showing the advantage to

93-7 accrue from giving the lease, a general description of the property proposed

93-8 to be leased, and the term, rental and general conditions of the proposed

93-9 lease.

93-10 2. The clerk shall set the petition for hearing [by the court. Notice] ,

93-11 and the petitioner shall give notice of the hearing [shall be given] in the

93-12 manner required by NRS 155.010 or as the court by order may require.

93-13 Sec. 340. NRS 149.080 is hereby amended to read as follows:

93-14 149.080 1. At the time appointed, the court shall hear the petition and

93-15 any objection [thereto] that may have been presented , [;] and if the court is

93-16 satisfied that it will be to the advantage of the estate, it shall [make] enter

93-17 an order [authorizing and] directing the [executor or administrator to make

93-18 such] personal representative to make the lease.

93-19 2. The order [shall] must set forth the minimum rental or royalty and

93-20 the period of the lease, which [shall] must be for such time as the court may

93-21 authorize, except as otherwise [herein] provided in subsection 5 with

93-22 respect to a lease for the purpose of production of minerals, oil, gas or

93-23 other hydrocarbon substances or natural steam.

93-24 3. The order may authorize other terms and conditions, including, with

93-25 respect to a lease for the purpose of production of minerals, oil, gas, or

93-26 other hydrocarbon substances or natural steam, a provision for the payment

93-27 of rental and royalty to a depositary, and for the appointment of a common

93-28 agent to represent the interest of all the lessors, and, if the lease is for the

93-29 purpose of production of oil, gas or other hydrocarbon substances or

93-30 natural steam, including a provision for the payment of a compensatory

93-31 royalty in lieu of rental and in lieu of drilling and producing operations on

93-32 the [land] property covered by the lease, and including a provision

93-33 empowering the lessee to enter into any agreement with lessees, operators

93-34 or owners of other [lands] property for the purpose of bringing about the

93-35 cooperative development and operation of all or parts of the field of which

93-36 the leased [land] property is a part, or for the development and operation of

93-37 all or parts of the field as a unit.

93-38 4. If the lease covers additional property owned by other persons or an

93-39 undivided interest of the decedent, or other interest of the decedent less

93-40 than the entire ownership in the property, it may provide for division of

93-41 rental and royalty in the proportion that the [land] property or interest of

93-42 each owner bears to the total area of the [land] property or total interests

93-43 covered by [such] the lease.

94-1 5. A lease for the purpose of production of minerals, oil, gas or other

94-2 hydrocarbon substances or natural steam may be for a fixed period, and so

94-3 long thereafter as minerals, oil, gas or other hydrocarbon substances or

94-4 natural steam are produced in paying quantities from the property leased or

94-5 mining or drilling operations are conducted thereon, and, if the lease

94-6 provides for the payment of a compensatory royalty, so long as [such] the

94-7 compensatory royalty is paid, and, if the [land] property covered by the

94-8 lease is included in an agreement with lessees, operators or owners of other

94-9 [lands] property for cooperative development or unit operation of a larger

94-10 area including the leased [lands,] property, so long as oil, gas or other

94-11 hydrocarbon substances or natural steam are produced in paying quantities

94-12 from any of the [lands] property included in any such agreement or drilling

94-13 operations are conducted thereon.

94-14 6. A certified copy of the order [shall] must be recorded in the office

94-15 of the county recorder of every county in which the leased [land,] property,

94-16 or any portion thereof, [lies.] is located.

94-17 Sec. 341. NRS 149.090 is hereby amended to read as follows:

94-18 149.090 1. The [executor or administrator] personal representative

94-19 shall execute, acknowledge and deliver the lease as directed, setting forth

94-20 therein that it is made by authority of the order, giving the date of the order.

94-21 2. [Every] A lease so made [shall be] is effectual to [demise and let the

94-22 premises] lease the property described, at the rent, for the term and upon

94-23 the conditions therein prescribed.

94-24 3. Jurisdiction of the court to administer the estate of the decedent

94-25 [shall be] is effectual to vest the court with jurisdiction to [make] enter the

94-26 order for the lease, and [such jurisdiction shall conclusively inure] that

94-27 jurisdiction conclusively inures to the benefit of the lessee, his heirs,

94-28 successors and assigns.

94-29 4. No [omissions,] omission, error or irregularity in the proceedings

94-30 [shall impair or invalidate the same] impairs or invalidates them or the

94-31 lease made in pursuance thereof.

94-32 Sec. 342. NRS 149.100 is hereby amended to read as follows:

94-33 149.100 [The executor or administrator] A personal representative

94-34 may lease [real] property without an order of court [when] if the tenancy is

94-35 from month to month, or for a term not to exceed 1 year.

94-36 Sec. 343. Chapter 150 of NRS is hereby amended by adding thereto

94-37 the provisions set forth as sections 344, 345 and 346 of this act.

94-38 Sec. 344. 1. If a testator makes provision by will, or designates

94-39 property to be appropriated, for the payment of debts, the expenses of

94-40 administration or family allowances, they must be paid according to that

94-41 provision or out of the property thus appropriated, to the extent that the

94-42 provision or property is sufficient.

95-1 2. To the extent the provision or property is insufficient, any portion

95-2 of the estate not disposed of by the will must be appropriated for that

95-3 purpose. To the extent that is not sufficient, the property given to

95-4 residuary devisees, and thereafter all other property devised, is liable for

95-5 those obligations in proportion to the value or amount of the respective

95-6 devises, but specific devises are exempt from that liability if exemption

95-7 appears to the court necessary to carry out the intent of the testator and

95-8 there is other sufficient property.

95-9 Sec. 345. Until all remaining property is delivered pursuant to an

95-10 order of final distribution, a personal representative shall file with the

95-11 court, annually, an account showing the income he has received, what

95-12 expenditures he has made, what property has been disbursed, or sold and

95-13 at what price, and the nature and value of the property remaining on

95-14 hand.

95-15 Sec. 346. A supplementary account of any receipts and

95-16 disbursements by the personal representative since the filing of his final

95-17 account must be filed before or at the time of making a final distribution,

95-18 unless the distribution is only of real property. A settlement of the

95-19 supplementary account, together with an estimate of the expense of

95-20 closing the estate, must be entered by the court and included in the order.

95-21 The court may order notice of the settlement of the supplementary

95-22 account.

95-23 Sec. 347. NRS 150.010 is hereby amended to read as follows:

95-24 150.010 The [executor or administrator shall] personal representative

95-25 must be allowed all necessary expenses in the [care and management, as

95-26 well as settlement,] administration and settlement of the estate, and fees

95-27 for [his services such fees] services as provided by law [; but when the

95-28 deceased shall, by his will, make] , but if the decedent by will makes some

95-29 other provision for the compensation of [his executor,] the personal

95-30 representative, this shall be deemed a full compensation for [such] those

95-31 services, unless the [executor] personal representative files a renunciation,

95-32 in writing, of all claim for the compensation provided by the will.

95-33 Sec. 348. NRS 150.020 is hereby amended to read as follows:

95-34 150.020 1. [When] If no compensation is provided by the will, or the

95-35 [executor] personal representative renounces all claims thereto, [he] fees

95-36 must be allowed [commissions] upon the whole amount of the estate which

95-37 has been accounted for [by him,] , less liens and encumbrances, as

95-38 follows:

95-39 (a) For the first $15,000, at the rate of 4 percent.

95-40 (b) For the next $85,000, at the rate of 3 percent.

95-41 (c) For all above $100,000, at the rate of 2 percent.

95-42 2. The same [commissions] fees must be allowed to [administrators.]

95-43 the personal representative if there is no will.

96-1 3. If there are two or more [executors or administrators,] personal

96-2 representatives, the compensation must be apportioned among them by the

96-3 court according to the services actually rendered by each.

96-4 [4. In all cases an additional allowance may be made by the court for

96-5 services in regard to the real property when it appears that the services are

96-6 just and reasonable.]

96-7 Sec. 349. NRS 150.030 is hereby amended to read as follows:

96-8 150.030 Such further allowances may be made as the court [may deem]

96-9 deems just and reasonable for any extraordinary services, such as:

96-10 1. Management, sales or mortgages of real or personal property.

96-11 2. Contested or litigated claims against the estate.

96-12 3. The adjustment and payments of extensive or complicated estate

96-13 taxes.

96-14 4. Litigation in regard to the property of the estate.

96-15 5. The carrying on of the decedent’s business pursuant to an order of

96-16 the court.

96-17 6. Such other litigation or special services as may be necessary for the

96-18 [executor or administrator] personal representative to prosecute, defend or

96-19 perform.

96-20 Sec. 350. NRS 150.040 is hereby amended to read as follows:

96-21 150.040 [All contracts between an executor or administrator and an

96-22 heir, devisee or legatee] A contract between a personal representative and

96-23 an heir or devisee for a higher compensation than that allowed by NRS

96-24 150.020 and 150.030 [shall be] is void.

96-25 Sec. 351. NRS 150.050 is hereby amended to read as follows:

96-26 150.050 1. [Any executor, administrator or special administrator] A

96-27 personal representative, at any time after the issuance of letters

96-28 [testamentary or of administration,] and upon such notice to the interested

96-29 persons [interested in the estate] as the court [or a judge thereof shall

96-30 require,] requires, may apply to the court for an allowance upon his

96-31 [commissions.] fees.

96-32 2. On the hearing, the court shall [make] enter an order allowing him

96-33 such portion of [his commission,] the fees, for services rendered up to that

96-34 time, as the court deems proper, and the portion so allowed may be

96-35 [thereupon] charged against the estate.

96-36 Sec. 352. NRS 150.060 is hereby amended to read as follows:

96-37 150.060 1. Attorneys for [executors, administrators and special

96-38 administrators] personal representatives are entitled to reasonable

96-39 compensation for their services, to be paid out of the decedent’s estate. The

96-40 amount must be fixed by agreement between the [executor, administrator or

96-41 special administrator] personal representative and the attorney, subject to

96-42 approval by the court, after [application,] petition, notice and hearing [,] as

96-43 provided in subsection 2. If the [executor, administrator or special

97-1 administrator] personal representative and the attorney fail to reach

97-2 agreement, or if the attorney is also the [executor, administrator or special

97-3 administrator,] personal representative, the amount must be determined

97-4 and allowed by the court. The [application] petition must contain specific

97-5 and detailed information supporting the entitlement to compensation,

97-6 including:

97-7 (a) Reference to time and hours;

97-8 (b) The nature and extent of services rendered;

97-9 (c) Claimed ordinary and extraordinary services;

97-10 (d) The complexity of the work required; and

97-11 (e) Other information considered to be relevant to a determination of

97-12 entitlement.

97-13 2. The [applicant] clerk shall set the petition for hearing, and the

97-14 petitioner shall give notice of [his application and the hearing thereof to the

97-15 executor, administrator or special administrator] the petition to the

97-16 personal representative if he is not the [applicant] petitioner and to all

97-17 known heirs [, devisees. and legatees.] in an intestacy proceeding and

97-18 devisees in a will proceeding. The notice must be [sent by registered or

97-19 certified mail at least 10 days before the hearing.] given for the period and

97-20 in the manner provided in NRS 155.010. If a complete copy of the

97-21 [application] petition is not attached to the notice, the notice must include a

97-22 statement of the amount of the fee which the court will be requested to

97-23 approve or allow.

97-24 3. On similar [application,] petition, notice and hearing, the court may

97-25 make an allowance to an attorney for services rendered up to a certain time

97-26 during the proceedings.

97-27 4. [Any heir, devisee or legatee] An heir or devisee may file objections

97-28 to [an application made] a petition filed pursuant to this section, and the

97-29 objections must be considered at the hearing.

97-30 5. Except as otherwise provided in this subsection, an attorney for

97-31 minor, absent , unborn, incapacitated or nonresident heirs is entitled to

97-32 compensation primarily out of the estate of the distributee so represented

97-33 by him in those cases and to such extent as may be determined by the court.

97-34 If the court finds that all or any part of the services performed by the

97-35 attorney for the minor, absent , unborn, incapacitated or nonresident heirs

97-36 was of value to the decedent’s entire estate as such and not of value only to

97-37 [the minor, absent or nonresident] those heirs, the court shall order that all

97-38 or part of the attorney’s fee be paid to the attorney out of the [funds] money

97-39 of the decedent’s entire estate as a general [administration] administrative

97-40 expense of the estate. The amount of these fees must be determined in the

97-41 same manner as the other attorney’s fees provided for in this section.

98-1 Sec. 353. NRS 150.070 is hereby amended to read as follows:

98-2 150.070 1. [Every executor and administrator shall be chargeable in

98-3 his own account with the whole of the estate of the deceased which should

98-4 come to his] A personal representative is accountable for the whole estate

98-5 that comes into the possession of the personal representative at the value

98-6 of the appraisement contained in the inventory, except as otherwise

98-7 provided in this Title, and [with] for all the interest, profit and income of

98-8 the estate.

98-9 2. [No executor or administrator shall be] A personal representative is

98-10 not accountable for any debts due the deceased that remain uncollected

98-11 without his fault.

98-12 3. [He] A personal representative shall not make profit by the increase

98-13 nor suffer loss by the decrease or destruction of any part of the estate

98-14 without his fault. [He] The personal representative shall account for the

98-15 excess when [he shall sell] any part of the estate is sold for more than the

98-16 [appraisement,] inventoried value and, if any [be] assets are sold for less

98-17 than [the appraisement, he shall not be] that value, the personal

98-18 representataive is not responsible for the loss if the sale has been made

98-19 according to law.

98-20 Sec. 354. NRS 150.080 is hereby amended to read as follows:

98-21 150.080 [1. Whenever] If required by the court , [or a judge thereof,

98-22 either] upon its [or his] own motion [,] or upon the [application of any

98-23 person interested in the estate, the executor or administrator must render

98-24 and] petition of an interested person, a personal representative shall file

98-25 with the clerk [a] the first, verified account, showing:

98-26 [(a)] 1. The amount of money received and expended by him.

98-27 [(b)] 2. The claims filed or presented against the estate, giving the

98-28 name of each claimant, the nature of his claim, when it became due or will

98-29 become due, whether it was allowed or rejected by him , or not yet acted

98-30 upon.

98-31 [(c)] 3. All other matters necessary to show the condition of the estate.

98-32 [2. If he neglects or refuses to appear and render such account after

98-33 having been duly cited, an attachment may be issued against him and such

98-34 accounting compelled, or his letters may be revoked, or both, in the

98-35 discretion of the court or judge.]

98-36 Sec. 355. NRS 150.100 is hereby amended to read as follows:

98-37 150.100 1. If the [executor or administrator] personal representative

98-38 fails to [render and file his] file the first account within the time specified

98-39 in NRS [150.090,] 150.080, the court [or judge] shall order a citation to

98-40 issue requiring [him] the personal representative to file the account by a

98-41 time to be stated in the citation, as fixed by the court , [or judge,] or appear

98-42 and show cause why [he] the personal representative should not be

98-43 compelled to file the account.

99-1 2. If [he] the personal representative fails to file the account by the

99-2 time stated, or show cause why [he should] not, the court, by attachment or

99-3 other proper process, may compel [him] the personal representative to file

99-4 such an account or may revoke [his letters, in the discretion of the court,]

99-5 the letters, or both, and like action may be [had] taken in reference to any

99-6 subsequent account [he] the personal representative may be [ordered]

99-7 required to file.

99-8 Sec. 356. NRS 150.110 is hereby amended to read as follows:

99-9 150.110 1. [Whenever] If all the property of an estate [shall have]

99-10 has been sold or there [shall be sufficient funds in his hands] is money

99-11 available for the payment of all debts due by the estate, and the estate [be]

99-12 is in a proper condition to be closed, the [executor or administrator shall

99-13 render and file his] personal representative shall file a final account and

99-14 [pray for] request a settlement of his administration.

99-15 2. If [he] the personal representative neglects to [render and file his]

99-16 file a final account , the same proceedings may be had as prescribed in this

99-17 chapter in regard to the first account to be filed by [him,] the personal

99-18 representative, and all the provisions relative to the first account, and the

99-19 notice and settlement thereof , [shall] apply to [his] the account for final

99-20 settlement.

99-21 Sec. 357. NRS 150.120 is hereby amended to read as follows:

99-22 150.120 [Whenever] If the authority of [an executor or administrator

99-23 shall cease or shall be] a personal representative ceases or is revoked for

99-24 any reason, [he] the personal representative may be cited by the court to

99-25 account, at the instance of the person succeeding to the administration of

99-26 the same estate, in like manner as [he] the personal representative might

99-27 have been by any interested person [interested in the estate during the time

99-28 he was executor or administrator.] during the term of the appointment.

99-29 Sec. 358. NRS 150.130 is hereby amended to read as follows:

99-30 150.130 1. If [the executor or administrator] a personal

99-31 representative dies or becomes [incompetent, his] incapacitated, the

99-32 accounts may be presented to the court by [his] the personal representative

99-33 or guardian [to, and settled by, the court in which the estate of which he

99-34 was executor or administrator is being administered, and, upon] of the

99-35 former personal representative. Upon petition of [the successor of the

99-36 deceased or incompetent executor or administrator,] a successor to the

99-37 decedent or incapacitated personal representative, the court shall compel

99-38 the personal representative or guardian [of the deceased or incompetent

99-39 executor or administrator to render] to file an account of the administration

99-40 . [of his testator or intestate, and must] The court shall settle such an

99-41 account as in other cases.

99-42 2. In the absence of a personal representative or guardian of the

99-43 [deceased or incompetent executor or administrator,] decedent or

100-1 incapacitated personal representative, the court may compel [the attorney

100-2 for the deceased or incompetent executor or administrator to render] an

100-3 attorney to file an account of the administration [of the deceased or

100-4 incompetent executor or administrator] to the extent that the attorney has

100-5 information or records available [to him] for that purpose. The account of

100-6 the attorney need not be verified. A fee [shall] must be allowed the attorney

100-7 by the court for this extraordinary service.

100-8 Sec. 359. NRS 150.140 is hereby amended to read as follows:

100-9 150.140 If the [executor or administrator absconds or conceals

100-10 himself,] personal representative absconds, or if, after reasonable

100-11 diligence, he cannot be found , so that a citation cannot be personally

100-12 served, and [shall neglect] the personal representative neglects to file an

100-13 account within 20 days after the time fixed for that purpose, [his letters

100-14 shall] the letters must be revoked.

100-15 Sec. 360. NRS 150.150 is hereby amended to read as follows:

100-16 150.150 1. [Except as provided in subsection 6, in rendering his

100-17 account, the executor or administrator shall produce vouchers for all

100-18 payments he may have made, which vouchers shall be filed and remain in

100-19 court, and he may be examined on oath touching such payments, and also

100-20 touching any property and effects of the deceased, and the disposition

100-21 thereof.

100-22 2. When any voucher shall be required for other purposes, it may be

100-23 withdrawn on leaving a certified copy on file.

100-24 3. Where the account is accompanied by a report of an accountant, or

100-25 an accountant, upon the hearing of any account, testifies that all

100-26 expenditures of $20 or more made by the executor or administrator during

100-27 the accounting period are supported by vouchers, it shall not be necessary

100-28 to produce or file the vouchers in court. The provisions of this subsection

100-29 are applicable only when the accountant has been appointed or is approved

100-30 by the court for such purpose.

100-31 4. If any vouchers be] A personal representative need not file

100-32 vouchers with the court to substantiate payments made in the

100-33 administration of the estate, but shall retain possession of the vouchers

100-34 and permit their examination by the court or an interested person.

100-35 2. The court, on its own motion or on application ex parte for good

100-36 cause by an interested person, may order production for examination

100-37 and audit the vouchers that support an account specified in the order.

100-38 3. If any vouchers are lost, or for other good reason cannot be

100-39 produced on settlement of an account, the payment may be proved by the

100-40 oath of one competent witness. If it is proven that vouchers for any

100-41 disbursements have been lost or destroyed, that it is impossible to obtain

100-42 duplicates, and that the [items] expenses were paid in good faith and were

101-1 legal charges against the estate, the [executor or administrator shall]

101-2 personal representative must be allowed [such items.

101-3 5. He may be allowed any item of expenditure not exceeding $20 for

101-4 which no voucher is produced, if it is supported by his uncontradicted oath

101-5 positive to the fact of payment, specifying when, where and to whom it was

101-6 made; but the total amount of such allowances in all his accounts must not

101-7 exceed $500.

101-8 6. A corporate executor or administrator is not required to file

101-9 vouchers with the court to substantiate payments made in the administration

101-10 of the estate, but shall retain possession of such vouchers and permit

101-11 examination thereof by any party interested in the estate or the court.] those

101-12 expenses.

101-13 Sec. 361. NRS 150.160 is hereby amended to read as follows:

101-14 150.160 1. [When] If an account [is rendered and set for settlement

101-15 by the court, notice thereof must be given] and a petition for settlement

101-16 thereof is filed, the clerk shall set the petition for hearing and the

101-17 petitioner shall give notice for the period and in the manner required by

101-18 NRS 155.010.

101-19 2. If the account is for a final settlement and a petition for the final

101-20 distribution of the estate is filed with the account, the notice of settlement

101-21 must so state, and on the settlement of the account, distribution of the estate

101-22 to those entitled thereto may be [had immediately.] made as soon as

101-23 possible.

101-24 Sec. 362. NRS 150.170 is hereby amended to read as follows:

101-25 150.170 1. [Any person interested in the estate] An interested person

101-26 may appear and file written [exceptions] objections to the account and

101-27 contest [the same.] it.

101-28 2. Upon the hearing, the [executor or administrator] personal

101-29 representative may be examined [on oath touching] under oath

101-30 concerning the account and the property and effects of the decedent and

101-31 the disposition thereof.

101-32 3. All matters, including allowed claims, not [passed upon on]

101-33 addressed in the settlement of any former account , and not reduced to

101-34 judgment, may be contested for cause shown.

101-35 Sec. 363. NRS 150.180 is hereby amended to read as follows:

101-36 150.180 1. If [there be] a minor is interested in the estate who has no

101-37 legally appointed guardian, the court may appoint [some] a disinterested

101-38 attorney to represent him who [, on behalf of the minor,] may contest the

101-39 account as any other interested person [having an interest] might contest it.

101-40 2. The court may also appoint an attorney to represent unborn,

101-41 incapacitated or absent heirs and devisees . [and legatees.]

101-42 3. All matters, including allowed claims not [passed upon on]

101-43 addressed in the settlement of any former account, or [on making a decree]

102-1 in entering an order of sale, may be contested by interested [parties]

102-2 persons for cause shown.

102-3 4. [Any] An attorney so appointed [shall] must be paid [a reasonable

102-4 compensation out of the estate, which payment shall be an expense of

102-5 administration of the estate. The amount of such fee shall be determined by

102-6 the court.] as provided in NRS 150.060.

102-7 Sec. 364. NRS 150.190 is hereby amended to read as follows:

102-8 150.190 No account [shall] may be allowed by the court until it [be] is

102-9 first proved that the notice required by this chapter has been given, and the

102-10 order [or decree shall] must show that such proof was made to the

102-11 satisfaction of the court . [and shall be] The order is conclusive evidence of

102-12 the fact.

102-13 Sec. 365. NRS 150.200 is hereby amended to read as follows:

102-14 150.200 [At the time any] If an account comes before the court for

102-15 allowance [, if] and there are no [exceptions] objections filed by any

102-16 interested person , [interested in the estate,] and the account is made to

102-17 appear to the court to be correct and according to law, the court [may] shall

102-18 allow and confirm the account.

102-19 Sec. 366. NRS 150.210 is hereby amended to read as follows:

102-20 150.210 [The] An order settling and allowing [the] an account, when it

102-21 becomes final, is conclusive against all interested persons [interested in the

102-22 estate, saving, however, to persons] , but a person under legal disability [,]

102-23 has the right to move for cause to reopen and examine the account, or to

102-24 proceed by action against the [executor or administrator] personal

102-25 representative or his sureties at any time before final distribution , [;] and

102-26 in any such action [such] , the order is prima facie evidence of the

102-27 correctness of the account.

102-28 Sec. 367. NRS 150.220 is hereby amended to read as follows:

102-29 150.220 The debts and charges of the estate must be paid in the

102-30 following order:

102-31 1. Expenses of administration.

102-32 2. Funeral expenses.

102-33 [2.] 3. The expenses of the last [sickness.

102-34 3.] illness.

102-35 4. Family allowance.

102-36 [4.] 5. Debts having preference by laws of the United States.

102-37 [5.] 6. Money owed to the department of human resources as a result

102-38 of the payment of benefits for Medicaid.

102-39 [6.] 7. Wages to the extent of $600, of each employee of the decedent,

102-40 for work done or personal services rendered within 3 months before the

102-41 death of the employer. If there is not sufficient money with which to pay all

102-42 such labor claims in full, the money available must be distributed among

102-43 the claimants in accordance with the amounts of their respective claims.

103-1 [7.] 8. Judgments rendered against the deceased in his lifetime, and

103-2 mortgages in order of their date. The preference given to a mortgage [must

103-3 only extend] extends only to the proceeds of the property mortgaged. If the

103-4 proceeds of [such] that property are insufficient to pay the mortgage, the

103-5 part remaining unsatisfied must be classed with other demands against the

103-6 estate.

103-7 [8.] 9. All other demands against the estate.

103-8 Sec. 368. NRS 150.230 is hereby amended to read as follows:

103-9 150.230 1. The [executor or administrator] personal representative

103-10 shall, as soon as [he has sufficient funds in his hands,] sufficient money is

103-11 available, upon receipt of a sworn statement of the amount due and without

103-12 any formal action upon creditors’ claims, pay the funeral expenses, the

103-13 expenses of the last [sickness,] illness, the allowance made to the family of

103-14 the [deceased,] decedents, money owed to the department of human

103-15 resources as a result of payment of benefits for Medicaid and wage claims

103-16 to the extent of $600 of each employee of the decedent for work done or

103-17 personal services rendered within 3 months before the death of the

103-18 employer, but [he] may retain [in his hands] the necessary expenses of

103-19 administration.

103-20 2. [He] The personal representative is not obliged to pay any other

103-21 debt or any [legacy] devise until the payment is ordered by the court.

103-22 3. [He] The personal representative may, before court approval or

103-23 order, pay any of the decedent’s debts amounting to $500 or less if:

103-24 (a) Claims for payment thereof [are] have been properly filed in the

103-25 proceedings;

103-26 (b) The debts are [justly] legally due; and

103-27 (c) The estate is solvent.

103-28 In settling the account of the estate, the court shall allow any such payment

103-29 if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise,

103-30 the [executor or administrator] personal representative is personally liable

103-31 to any person sustaining loss or damage as a result of [such] the payment.

103-32 4. Funeral expenses and expenses of a last [sickness] illness are debts

103-33 payable out of the estate of the [deceased spouse] decedent and must not be

103-34 charged to the community share of a surviving spouse, whether or not the

103-35 surviving spouse is financially able to pay [such] those expenses and

103-36 whether or not the surviving spouse or any other person is also liable

103-37 therefor.

103-38 Sec. 369. NRS 150.235 is hereby amended to read as follows:

103-39 150.235 [Where any] If a trust, life estate or estate for years is created

103-40 by [or under] a will to continue after distribution, the income received by

103-41 the [executor or administrator] personal representative from the securities

103-42 or other property which [,] upon distribution [,] will comprise the trust

103-43 estate, or in which [such] the life estate or estate for years is created,

104-1 [shall,] during the administration of the estate and until the property is

104-2 distributed to the trustee or other person entitled thereto, belong to the

104-3 estate and may be applied to payment of the debts, expenses and charges of

104-4 the estate unless the will otherwise directs.

104-5 Sec. 370. NRS 150.240 is hereby amended to read as follows:

104-6 150.240 1. Upon the settlement of any account of the [executor or

104-7 administrator,] personal representative after the time to file [or present]

104-8 claims has expired, the court shall order the payment of the debts as the

104-9 circumstances of the estate permit. If there [are] is not sufficient [funds]

104-10 money to pay all of the debts, the order [shall] must specify the sum to be

104-11 paid to each creditor.

104-12 2. No creditor of any one class [shall] may receive any payment until

104-13 all those of a preferred class are fully paid , [;] and if the estate is

104-14 insufficient to pay all debts of any one class, each creditor of that class

104-15 must be paid a dividend in proportion to [his] that creditor’s claim.

104-16 3. If the property of the estate is exhausted by the payment ordered,

104-17 [such account shall constitute] the account constitutes a final account, and

104-18 the [executor or administrator shall be] personal representative is entitled

104-19 to his discharge [on producing and] upon filing the necessary [vouchers

104-20 and] proof showing that he has complied with the order.

104-21 Sec. 371. NRS 150.250 is hereby amended to read as follows:

104-22 150.250 1. If there is [any] a claim not due, or any contingent or

104-23 disputed claims against the estate, the amount thereof, or such part of the

104-24 [same] amount as the holder would be entitled to if the claim were due,

104-25 established or absolute, must be paid [into court,] to the clerk and there

104-26 remain, to be paid over to the holder when [he] the holder becomes entitled

104-27 thereto [;] or, if [he] the holder fails to establish [his] a claim, to be paid

104-28 over or distributed as the circumstances of the estate require.

104-29 2. If a creditor whose claim has been allowed but is not yet due appears

104-30 and assents to a deduction therefrom of the legal interest for the time the

104-31 claim has yet to run, he is entitled to be paid accordingly.

104-32 3. The payments provided for in this section are not to be made [when]

104-33 if the estate is insolvent unless a pro rata distribution is ordered.

104-34 Sec. 372. NRS 150.260 is hereby amended to read as follows:

104-35 150.260 1. [Whenever] If an order [shall be made] is entered by the

104-36 court for the payment of creditors, the [executor or administrator shall be]

104-37 personal representative is personally liable to each creditor for the amount

104-38 of his claim, or the dividends thereon, and execution may be issued upon

104-39 [such] the order as upon a judgment in any other action, in favor of each

104-40 creditor, and the same proceedings may be had under the execution as if it

104-41 had been issued upon a judgment.

104-42 2. The [executor or administrator shall also be] personal

104-43 representative is also liable on his bond to each creditor.

105-1 Sec. 373. NRS 150.270 is hereby amended to read as follows:

105-2 150.270 [When] After the accounts of the [executor or administrator]

105-3 personal representative have been settled and an order [made] entered for

105-4 the payment of debts and distribution of the estate, no creditor whose claim

105-5 was not included in the order for payment has any right to call upon the

105-6 creditors who have been paid, nor upon the heirs [, devisees or legatees,] or

105-7 devisees to contribute to the payment of [his claim;] the claim, but if the

105-8 [executor or administrator] personal representative has failed to give the

105-9 notice to creditors, as prescribed by law, [such] that creditor may recover

105-10 on the bond of the [executor or administrator] personal representative the

105-11 amount for which [his] the claim would properly have been allowed.

105-12 Sec. 374. NRS 150.280 is hereby amended to read as follows:

105-13 150.280 1. [When the whole of] If all the debts and liabilities of an

105-14 estate have been paid, and the estate is in a condition to be closed, the court

105-15 shall [proceed to] direct the payment of [legacies] devises and the

105-16 distribution of the estate among those entitled as provided in chapter 151 of

105-17 NRS.

105-18 2. If the estate is not in a condition to be closed, the court shall

105-19 [proceed to] direct the payment of [legacies] devises and the distribution of

105-20 the estate among those entitled at such time as it thereafter may be in a

105-21 condition to be closed.

105-22 Sec. 375. NRS 150.290 is hereby amended to read as follows:

105-23 150.290 NRS 150.290 to [150.390, inclusive, shall be known and]

105-24 150.380, inclusive, may be cited as the Federal Estate Tax Apportionment

105-25 Law.

105-26 Sec. 376. NRS 150.300 is hereby amended to read as follows:

105-27 150.300 [Except where the context otherwise requires, as] As used in

105-28 NRS 150.290 to [150.390, inclusive:

105-29 1. "Estate tax" means federal estate tax, including any interest and

105-30 penalty thereon.

105-31 2.] 150.380, inclusive, unless the context otherwise requires:

105-32 1. "Gross estate" or "estate" means all property included for federal

105-33 estate tax purposes in determining the federal estate tax pursuant to the

105-34 federal estate tax law.

105-35 [3.] 2. "Person interested in the estate" means any person who receives

105-36 or is the beneficiary of any property transferred pursuant to a transfer which

105-37 is subject to a tax imposed by any federal estate tax law, now existing or

105-38 hereafter enacted.

105-39 Sec. 377. NRS 150.310 is hereby amended to read as follows:

105-40 150.310 [Whenever] If it appears upon any accounting, or in any

105-41 appropriate action or proceeding, that [an executor, administrator,] a

105-42 personal representative, trustee or other fiduciary has paid or may be

105-43 required to pay an estate tax to the Federal Government under the

106-1 provisions of any federal estate tax law, now existing or hereafter enacted,

106-2 upon or with respect to any property required to be included in the gross

106-3 estate of a decedent under the provisions of any such law, the amount of the

106-4 tax [shall] must be equitably prorated among the persons interested in the

106-5 estate, whether residents or nonresidents of this state, to whom [such] the

106-6 property was, is or may be transferred or to whom any benefit accrues,

106-7 except:

106-8 1. Where a testator otherwise directs in his will.

106-9 2. Where by written instrument executed inter vivos direction is given

106-10 for apportionment among the beneficiaries of taxes assessed upon the

106-11 specific fund dealt with in [such inter vivos] the instrument.

106-12 Sec. 378. NRS 150.330 is hereby amended to read as follows:

106-13 150.330 1. The proration [shall] must be made by the court having

106-14 jurisdiction [in probate] of any property in the estate in the proportion [, as

106-15 near as may be,] that the value of the property, interest or benefit of each

106-16 such person bears to the total value of the property, interest and benefits

106-17 received by all such persons interested in the estate.

106-18 2. In making a proration, allowances [shall] must be made for any

106-19 exemptions granted by the act imposing the tax and for any deductions

106-20 allowed by [such] that act for the purpose of arriving at the value of the net

106-21 estate.

106-22 3. Any exemption or deduction allowed by reason of the relationship of

106-23 any person to the decedent or by reason of the charitable purposes of the

106-24 gift [shall inure] inures to the benefit of the person bearing [such] the

106-25 relationship or receiving [such] the charitable gift; except that [when] , if

106-26 an interest is subject to a prior present interest which is not allowable as a

106-27 deduction, the estate tax apportionable against the present interest [shall]

106-28 must be paid from principal.

106-29 4. [Any] A deduction for property previously taxed and [any] a credit

106-30 for gift taxes or taxes of a foreign country paid by the decedent or his estate

106-31 [shall inure] inures to the proportionate benefit of all persons liable to

106-32 apportionment.

106-33 5. [Any] A credit for inheritance, succession or estate taxes or taxes in

106-34 the nature thereof in respect to property or interests includable in the gross

106-35 estate [shall inure] inures to the benefit of the persons or interests

106-36 chargeable with the payment of [such] the taxes to the extent or in

106-37 proportion that the tax paid or payable reduces the estate tax.

106-38 6. To the extent that property passing to or in trust for a surviving

106-39 spouse does not constitute an allowable deduction solely by reason of an

106-40 inheritance tax or other death tax imposed upon and deductible from such

106-41 property, it [shall] must not be included in the computation provided for in

106-42 subsection 1 , and to that extent , no apportionment [shall] may be made

106-43 against [such] that property.

107-1 7. The values used for federal estate tax purposes [shall be] are the

107-2 values used as the basis for apportionment.

107-3 8. [Whenever] If the court finds that it is inequitable to apportion

107-4 interest and penalties in the same manner as the principal of the estate tax

107-5 by reason of special circumstances , it may direct apportionment of interest

107-6 and penalties in a manner different from principal.

107-7 Sec. 379. NRS 150.350 is hereby amended to read as follows:

107-8 150.350 1. [In all cases in which] If any property required to be

107-9 included in the gross estate does not come into the possession of the

107-10 [executor or administrator,] personal representative, he shall [be entitled,

107-11 and it shall be his duty, to] recover from whoever is in possession, or from

107-12 the persons interested in the estate, the proportionate amount of the tax

107-13 payable by the persons interested in the estate with which [such] the

107-14 persons interested in the estate are chargeable. The [probate] court may

107-15 direct the payment of [such amount of tax by such persons to the executor

107-16 or administrator.] that amount by those persons to the personal

107-17 representative.

107-18 2. The provisions of subsection 1 [shall also be applicable] also apply

107-19 to persons in possession of or interested in real or personal property located

107-20 in or subject to administration in another state and required to be included

107-21 in the gross estate of a resident of this state, unless [such] the other state

107-22 refuses to enforce [such] the apportionment, in which case apportionment

107-23 may be made in accordance with the law which would be applied by [such]

107-24 the other state.

107-25 3. [Any] A person interested in the estate from whom apportionment

107-26 [shall be] is required under subsections 1 and 2 [shall] must also be

107-27 charged with the amount of reasonable expenses, including [executor’s,

107-28 administrator’s] the personal representative’s and attorney’s fees, in

107-29 connection with the determination of the tax and the apportionment thereof.

107-30 [Such expenses shall] Those expenses must be determined and collected in

107-31 like manner as the tax.

107-32 Sec. 380. NRS 150.360 is hereby amended to read as follows:

107-33 150.360 1. The [probate] court, upon making a determination as

107-34 provided in NRS 150.290 to [150.390,] 150.380, inclusive, shall [make a

107-35 decree or] enter an order directing the [executor, administrator] personal

107-36 representative or other fiduciary to charge the determined amounts against

107-37 the persons against whom the tax has been prorated insofar as [he] the

107-38 personal representative or other fiduciary is in possession of property or

107-39 interests of [such] those persons against whom the charge may be made,

107-40 and summarily directing all other persons against whom the tax has been

107-41 prorated or who are in possession of property or interests of [such] those

107-42 persons to make payment of [such] the determined amounts to [such

107-43 executor, administrator] the personal representative or other fiduciary.

108-1 2. [Such decrees or] The orders may be preliminary, intermediate or

108-2 final.

108-3 3. If the [executor, administrator] personal representative or other

108-4 fiduciary holds property of a person liable to apportionment which is

108-5 insufficient to satisfy the determined amount, the court may direct that the

108-6 balance [shall] be paid by the person liable.

108-7 4. If it appears that the [executor, administrator] personal

108-8 representative or other fiduciary cannot recover the amount apportioned

108-9 against any person, [any] the amount not recovered [shall] must be charged

108-10 in such manner as the court may determine.

108-11 5. If an overpayment is made the court may direct appropriate

108-12 reimbursement.

108-13 Sec. 381. NRS 150.370 is hereby amended to read as follows:

108-14 150.370 The court shall retain jurisdiction until the purposes of NRS

108-15 150.290 to [150.390,] 150.380, inclusive, have been accomplished.

108-16 Sec. 382. Chapter 151 of NRS is hereby amended by adding thereto

108-17 the provisions set forth as sections 383 to 386, inclusive, of this act.

108-18 Sec. 383. 1. Except as otherwise provided in subsection 2 or in the

108-19 will, a personal representative may distribute property and money:

108-20 (a) In divided or undivided interests; and

108-21 (b) With or without proration.

108-22 2. Each affected beneficiary must agree before any property or

108-23 money is distributed without proration, unless the will authorizes a

108-24 personal representative to distribute property and money without

108-25 proration.

108-26 Sec. 384. The property of a testator, except as otherwise provided in

108-27 this Title, must be resorted to for the payment of devises in the following

108-28 order:

108-29 1. The property which is expressly appropriated by the will for the

108-30 specific devise.

108-31 2. Property not disposed of by the will.

108-32 3. Property which is devised to a residuary devisee.

108-33 Sec. 385. Unless a different intention is expressed in the will,

108-34 abatement takes place in any class only as between devises of that class,

108-35 and devises to a spouse or to kindred are chargeable only after devises to

108-36 persons not related to the testator.

108-37 Sec. 386. If property given by will to persons other than the

108-38 residuary devisees is sold for the payment of debts or expenses or family

108-39 allowances, all the devisees shall contribute in proportion to their

108-40 respective interests to the devisee whose devise has been sold, and the

108-41 court, when distribution is made, shall settle the amount of the several

108-42 liabilities and order the amount each person is liable to contribute to be

109-1 withheld from that person’s distributive share for the purpose of the

109-2 contribution.

109-3 Sec. 387. NRS 151.005 is hereby amended to read as follows:

109-4 151.005 [1.] Subject to the rights of creditors and taxing authorities,

109-5 [competent successors] distributees may agree among themselves to alter

109-6 the interests, shares or amounts to which they are entitled under the terms

109-7 of the will of the decedent, or under the laws of intestacy, in any way that

109-8 they provide in a written [contract] agreement executed by all who are

109-9 affected by its provisions. The personal representative shall abide by the

109-10 terms of the [contract] agreement subject to his obligation to administer the

109-11 estate for the benefit of creditors, to pay all taxes and costs of

109-12 administration, and to carry out the responsibilities of [his] the office for

109-13 the benefit of any [successors] distributees of the decedent who are not

109-14 parties. Personal representatives of the estate of decedents are not required

109-15 to [see to] oversee the performance of trusts if the trustee thereof is another

109-16 person who is willing to accept the trust. Accordingly, trustees of a

109-17 testamentary trust are [successors] distributees for the purposes of this

109-18 section. This section does not relieve trustees of any duties owed to

109-19 beneficiaries of trusts.

109-20 [2. As used in this section:

109-21 (a) "Personal representative" includes, without limitation, an executor,

109-22 an administrator, a successor personal representative, a special

109-23 administrator and persons who perform substantially the same function

109-24 under the law governing their status.

109-25 (b) "Successors" means persons, other than creditors, who are entitled to

109-26 property of a decedent under the terms of his will or pursuant to this Title.]

109-27 Sec. 388. NRS 151.010 is hereby amended to read as follows:

109-28 151.010 1. At any time after the lapse of 3 months from the issuing

109-29 of letters [testamentary or letters of administration, the executor or

109-30 administrator,] , the personal representative or any heir [, devisee or

109-31 legatee,] or devisee, or the assignee, grantee or successor in interest of any

109-32 heir [, devisee or legatee,] or devisee, may petition the court to distribute a

109-33 [legacy, devise or] share of the estate, or any portion thereof, to any person

109-34 entitled thereto, upon [such] the person giving a bond, with approved

109-35 security, for the payment of [such] the person’s proportion of the debts of

109-36 the estate.

109-37 2. The court may dispense with a bond if it [be] is made to appear that

109-38 the [same] bond is unnecessary.

109-39 Sec. 389. NRS 151.020 is hereby amended to read as follows:

109-40 151.020 [When the petitioner is not the executor or administrator,

109-41 notice of the application shall be given to the executor or administrator

109-42 personally, and to all persons interested in the estate, in the same manner

109-43 that notice is required to be given by NRS 155.010, or as the court may

110-1 direct.] The clerk shall set the petition for hearing and the petitioner shall

110-2 give notice for the period and in the manner provided in NRS 155.010.

110-3 Sec. 390. NRS 151.030 is hereby amended to read as follows:

110-4 151.030 The [executor or administrator, not petitioning, or any person

110-5 interested in the estate, may appear and resist the application, or any other

110-6 heir, devisee or legatee may make a similar application for himself or

110-7 herself.] personal representative, if not the petitioner, or an interested

110-8 person, may object to the petition, or an heir or devisee may submit a

110-9 similar petition.

110-10 Sec. 391. NRS 151.040 is hereby amended to read as follows:

110-11 151.040 1. Subject to the provisions of [subsections 3 and 4, if, on

110-12 the hearing,] subsection 3, if it appears at the hearing that the estate [is but

110-13 little indebted] has little debt and that the share or shares of the party or

110-14 parties petitioning may be allowed [,] without injury to the creditors of the

110-15 estate, the court shall [make a decree] enter an order in conformity [to the

110-16 prayer of the applicant or applicants.] with the request of the petitioner or

110-17 petitioners.

110-18 2. The [decree] order may direct the [executor or administrator]

110-19 personal representative to deliver to the petitioner or petitioners the whole

110-20 portion of the estate to which [he, she or they may be] each is entitled, or a

110-21 part [only thereof.

110-22 3. Each of the petitioners shall first execute and deliver to the executor

110-23 or administrator a bond in such sum as shall be designated by the court or

110-24 judge, and with sureties to be approved by the judge.] of the portion, if

110-25 there is sufficient property remaining in the estate to satisfy the debts or

110-26 if there is filed with the court an assumption of liability for a contingent

110-27 or disputed debt as provided in subsection 3. The court may impose any

110-28 other conditions it determines are just, including a requirement that a

110-29 distributee give a security interest in all or part of the property distributed

110-30 or give bond in an amount determined by the court. The bond [shall be

110-31 made] must be payable to the [executor or administrator] personal

110-32 representative and conditioned for the payment by the [heir, devisee or

110-33 legatee,] distributee, whenever required, of his [or her] proportion of the

110-34 debts of the estate.

110-35 [4. The court may dispense with a bond if it be made to appear that the

110-36 same is unnecessary.]

110-37 3. As a condition of an order under subsection 2, if directed by the

110-38 court, each heir or devisee shall file with the court a signed and

110-39 acknowledged agreement assuming personal liability for the contingent

110-40 or disputed debt and consenting to jurisdiction in this state for the

110-41 enforcement of the debt if it becomes absolute or established. The

110-42 personal liability of each heir or devisee does not exceed the fair market

110-43 value on the date of distribution of the property distributed less the

111-1 amount of any liens or encumbrances. If there is more than one heir or

111-2 devisee, their personal liability is joint and several.

111-3 Sec. 392. NRS 151.050 is hereby amended to read as follows:

111-4 151.050 1. [Whenever any] If a bond or other security has been

111-5 executed and delivered as prescribed in NRS 151.040, and the [executor or

111-6 administrator shall ascertain] personal representative ascertains that it is

111-7 necessary for the settlement of the estate to require the payment of any part

111-8 of the money thereby secured, he shall petition the court for an order

111-9 requiring the payment and cause a citation to be issued and served upon the

111-10 [party bound, requiring him or her,] parties bound, requiring them, at a

111-11 time and place, not more than 10 days after the date of the citation, to be

111-12 stated therein, to appear and show cause why the order [shall] should not

111-13 be made.

111-14 2. [At the hearing, the] The court, if satisfied of the necessity for [such]

111-15 the payment to be made, shall [make] enter an order [accordingly,]

111-16 designating the amount and giving a time in which it shall be paid.

111-17 3. If the money [be] is not paid within the time allowed, an action may

111-18 be maintained by the [executor or administrator] personal representative

111-19 on the bond [.] or other security.

111-20 4. Similar proceedings may be [had against a distributee when]

111-21 initiated against an heir or devisee if no bond or other security is given.

111-22 Sec. 393. NRS 151.060 is hereby amended to read as follows:

111-23 151.060 If, in the execution of the [decree, any partition be] order,

111-24 partition is necessary between two or more of the parties, it [shall] must be

111-25 made in the manner prescribed in chapter 152 of NRS.

111-26 Sec. 394. NRS 151.070 is hereby amended to read as follows:

111-27 151.070 The costs of proceedings for a partial distribution [shall] must

111-28 be paid by the [applicant,] heir or devisee or, if there are more than one,

111-29 [shall be apportioned equally] must be prorated among them.

111-30 Sec. 395. NRS 151.080 is hereby amended to read as follows:

111-31 151.080 1. [When an executor or administrator] If a personal

111-32 representative files his final account [,] with a petition [praying for]

111-33 requesting the allowance and confirmation thereof, he may also include in

111-34 the petition a [prayer] request for the distribution of the estate. Upon the

111-35 settlement and allowance of the final account, the court may also [decree]

111-36 order a distribution of the residue of the estate, if any, among the persons

111-37 who are by law entitled [.] thereto.

111-38 2. If a final account [be] is settled and allowed without [a decree] an

111-39 order of distribution, the [executor or administrator, or any heir, devisee or

111-40 legatee,] personal representative, or an heir or devisee, or an assignee or

111-41 grantee of [any heir, devisee or legatee,] an heir or devisee, at any time

111-42 thereafter, may petition the court for [a decree] an order distributing the

111-43 estate.

112-1 Sec. 396. NRS 151.090 is hereby amended to read as follows:

112-2 151.090 1. When a petition for final distribution is filed, the clerk

112-3 shall set the petition for hearing and the petitioner shall give notice [of the

112-4 hearing of the petition to all persons individually entitled to notice as] for

112-5 the period and in the manner provided in NRS 155.010.

112-6 2. The court may order such further notice as it [may deem] deems

112-7 proper.

112-8 Sec. 397. NRS 151.110 is hereby amended to read as follows:

112-9 151.110 1. [Where] After the accounts of [an executor or

112-10 administrator] a personal representative have been settled and [a decree]

112-11 an order for the distribution of the estate [made] entered by the court, the

112-12 [executor or administrator] personal representative shall, without any

112-13 unnecessary delay, distribute the estate remaining [in his hands]

112-14 undistributed as directed by the [decree.] order.

112-15 2. In the [decree,] order, the court shall name the persons and the

112-16 proportion or parts to which each [shall be] is entitled, and [such person

112-17 shall have] that person has the right to demand and recover [his or her] a

112-18 respective share from the [executor or administrator,] personal

112-19 representative or any other person having [the same in] possession [.] of it.

112-20 3. The [executor or administrator] personal representative shall, within

112-21 10 days after the entry of [a decree] an order of distribution conveying any

112-22 real property, record a certified copy of the order with the county recorder

112-23 of the county in which the [decree] order was entered [a certified copy of

112-24 the decree.] and of any other county in which the real property, or any

112-25 portion of it, is located.

112-26 Sec. 398. NRS 151.120 is hereby amended to read as follows:

112-27 151.120 No gift or grant shall be deemed to have been made as an

112-28 advancement unless:

112-29 1. So expressed in the gift or grant; [or]

112-30 2. Charged in writing by the [deceased] decedent as an advancement;

112-31 or

112-32 3. Acknowledged in writing by the donee to be such.

112-33 Sec. 399. NRS 151.130 is hereby amended to read as follows:

112-34 151.130 1. Any property [, real or personal, that may have been]

112-35 given by a decedent during the [deceased in his or her] lifetime of the

112-36 decedent as an advancement to [any donee, shall] a donee must be

112-37 considered as part of the estate [of the intestate,] for the sole purpose of

112-38 computing the respective shares of the distributees and [shall] must be

112-39 taken by [such] the donee toward his [or her] share of the estate of the

112-40 [deceased.] decedent.

112-41 2. If the amount of the advancement [shall exceed] exceeds the share of

112-42 the heir or devisee so advanced, the heir [shall be] or devisee is excluded

112-43 from any further portion in the distribution and division of the estate, but he

113-1 [or she shall not be] is not required to refund any part of the advancement.

113-2 If the amount so received [shall be] is less than his [or her] share, he [or she

113-3 shall be] is entitled to as much more as will give [the heir his or her] him

113-4 his full share of the estate of the [deceased.] decedent.

113-5 Sec. 400. NRS 151.140 is hereby amended to read as follows:

113-6 151.140 If the value of the advancement [shall be] is expressed in the

113-7 conveyance, or in the charge thereof made by the [deceased,] decedent, or

113-8 in the acknowledgment of the [party] person receiving it, [it shall be

113-9 considered of] that value must be used in the distribution and division of

113-10 the estate . [; otherwise it shall] Otherwise, the value must be estimated

113-11 according to its value when given, as nearly as [the same] can be

113-12 ascertained.

113-13 Sec. 401. NRS 151.150 is hereby amended to read as follows:

113-14 151.150 If [any child,] a child or other lineal descendant so advanced

113-15 [, shall die] dies before the person making the advancement, leaving issue,

113-16 the advancement [shall] must be taken into consideration in the distribution

113-17 and division of the estate as if the advancement had been made directly to

113-18 [such] the issue.

113-19 Sec. 402. NRS 151.160 is hereby amended to read as follows:

113-20 151.160 All questions as to advancements made, or alleged to have

113-21 been made, by [the deceased to any] a decedent to heirs or devisees may be

113-22 heard and determined by the court, and [shall] must be specified in the

113-23 [decree] order distributing the estate, and in the warrant to the

113-24 commissioners [,] provided for in NRS 152.050, and the final [decree]

113-25 order of the court [shall be] is binding on all [parties interested in the

113-26 estate, with right, however,] interested persons, subject to the right of any

113-27 party to appeal from a final [decree of the court to the supreme court.]

113-28 order.

113-29 Sec. 403. NRS 151.170 is hereby amended to read as follows:

113-30 151.170 [When] If property is assigned or distributed to a person who

113-31 cannot be found or who refuses to accept the [same] property or to give a

113-32 proper voucher therefor, or to a minor or [incompetent] incapacitated

113-33 person who has no legal guardian to receive the [same,] property, or person

113-34 authorized to receipt therefor, and the [same] property or any part thereof

113-35 consists of money, the [executor or administrator] personal representative

113-36 may deposit the money, in the name of the assignee or distributee, with the

113-37 county treasurer of the county in which the proceedings are pending . [,

113-38 who] The county treasurer shall give a receipt for the [same, and be]

113-39 money and is liable upon [his] the official bond of the county treasurer

113-40 therefor. The receipt [shall be deemed and] must be received by the court [,

113-41 or judge thereof,] as a voucher in favor of the [executor or administrator]

113-42 personal representative with the same force and effect as if executed by

113-43 [such] the assignee or distributee.

114-1 Sec. 404. NRS 151.180 is hereby amended to read as follows:

114-2 151.180 If [the] an assignee or distributee is a nonresident minor or

114-3 [insane or incompetent person,] incapacitated person who has a guardian

114-4 of his estate legally appointed under the laws of [any] a foreign jurisdiction,

114-5 the distribution of [such] the assignee’s or distributee’s share may be made

114-6 to [such] the legally appointed guardian, whose receipt therefor, together

114-7 with a certificate of [his] appointment issued under the seal of the court by

114-8 the clerk of the court appointing [him,] the guardian, when filed with the

114-9 clerk of the court in which [such] the assignment or distribution was

114-10 ordered, [shall be deemed and] must be received by the court [, or a judge

114-11 thereof,] as a complete receipt and voucher in favor of the [executor or

114-12 administrator.] personal representative.

114-13 Sec. 405. NRS 151.190 is hereby amended to read as follows:

114-14 151.190 1. [When] If personal property remains in the [hands of the

114-15 executor or administrator] possession of a personal representative

114-16 unclaimed for 1 year, or [when] if the distributee refuses to accept or give a

114-17 proper receipt for the property, or is a minor or [incompetent]

114-18 incapacitated person and has no legally qualified guardian of his estate,

114-19 and it appears to the court that it is for the benefit of those interested, or if

114-20 the [executor or administrator] personal representative desires his

114-21 discharge and it appears to the court that no injury will result to those

114-22 interested, the court shall order the property to be sold.

114-23 2. The proceeds, after deducting such expenses of sale as may be

114-24 allowed by the court, must be paid into the [county] state treasury. The

114-25 depositor must take from the treasurer [duplicate receipts, one of which he

114-26 must file in the office of the auditor, and the other] a receipt, which must

114-27 be filed with the court.

114-28 Sec. 406. NRS 151.210 is hereby amended to read as follows:

114-29 151.210 [1. When] If any person appears and claims the money paid

114-30 into the state treasury, the court making the distribution [must] shall inquire

114-31 into [such] the claim, and, if satisfied of his right thereto, [must grant him a

114-32 certificate] shall enter an order to that effect [, under its seal.

114-33 2. Upon presentation of the certificate, the auditor must draw his

114-34 warrant on the treasurer for the amount.] to present to the state treasurer.

114-35 Sec. 407. NRS 151.220 is hereby amended to read as follows:

114-36 151.220 [Where] If a specific [legacy] devise of personal property is

114-37 for life only, the life tenant must sign and deliver to the remainderman [,]

114-38 or, if there [be] is none, to the personal representative, an inventory of the

114-39 property, [expressing that the same] acknowledging that it is in [his] the

114-40 life tenant’s custody for life only, and that, on [his decease,] death, it is to

114-41 be delivered to the remainderman.

115-1 Sec. 408. NRS 151.230 is hereby amended to read as follows:

115-2 151.230 1. [When the] If an estate has been fully administered, and

115-3 it is shown by the [executor or administrator,] personal representative, by

115-4 the production of satisfactory [vouchers, that he has paid] receipts, that all

115-5 sums of money due [from him, and delivered up, on the order of the court,]

115-6 and all the property of the estate has been distributed to the persons

115-7 entitled [, and has performed] to it and all acts lawfully required [of him,]

115-8 have been performed, the court shall [make a decree discharging him and

115-9 his] enter an order discharging sureties from all liability thereafter to be

115-10 incurred.

115-11 2. The court may excuse the filing of a receipt on a proper showing

115-12 that the personal representative is unable, after reasonable effort, to

115-13 obtain a receipt and that the property has been delivered to or is in the

115-14 possession of the distributee or creditor.

115-15 3. The provisions of this section do not bar a successful appellant from

115-16 [a decree] an order for the distribution of an estate from the recovery of

115-17 any property distributed to an [heir, devisee or legatee] heir or devisee

115-18 pursuant to the [decree.] order.

115-19 Sec. 409. NRS 151.240 is hereby amended to read as follows:

115-20 151.240 1. Except as otherwise provided in subsection 2, the final

115-21 settlement of an estate does not prevent:

115-22 (a) The reopening of the estate for the purpose of administering other

115-23 property which has been discovered or for correcting errors made in the

115-24 description of the property administered.

115-25 (b) The subsequent issuance of letters [testamentary or letters of

115-26 administration] if it becomes necessary or proper for any cause [,] that

115-27 letters should again be issued.

115-28 2. In the absence of fraud, an estate must not be reopened based upon

115-29 the discovery of:

115-30 (a) A will, if the estate was administered as if the decedent had died

115-31 intestate; or

115-32 (b) A will dated later than the will that was probated.

115-33 Sec. 410. NRS 151.250 is hereby amended to read as follows:

115-34 151.250 [Any] An heir, devisee, [legatee,] creditor or other interested

115-35 person [interested] may petition for the reopening of [the] an estate upon

115-36 the grounds provided in NRS 151.240. The petition must set forth the

115-37 names of all heirs, devisees [, legatees] and creditors and their addresses, if

115-38 known. If the address is unknown to the petitioner, he shall state that fact in

115-39 the petition. [Where an address is unknown, notice must be served as

115-40 provided in the Nevada Rules of Civil Procedure.] The clerk shall set the

115-41 petition for hearing and the petitioner shall give notice for the period and

115-42 in the manner required by NRS 155.010.

116-1 Sec. 411. NRS 151.260 is hereby amended to read as follows:

116-2 151.260 Upon hearing the petition, if good cause is shown, the court

116-3 may:

116-4 1. Reopen the estate.

116-5 2. Order the administration of other property which has been

116-6 discovered.

116-7 3. [Make] Enter any necessary orders to correct errors made in the

116-8 description of the estate previously administered.

116-9 [No] In the absence of fraud, no proceedings may be taken by the court

116-10 after the reopening of an estate except as necessary to administer other

116-11 property which has been discovered or to correct errors made in the

116-12 description of the estate previously administered. Any orders [or decrees]

116-13 of the court made necessary by the reopening of the estate must be

116-14 designated as supplemental orders . [or decrees.]

116-15 Sec. 412. NRS 152.010 is hereby amended to read as follows:

116-16 152.010 [When] If two or more heirs [, devisees or legatees] or

116-17 devisees are entitled to the distribution of undivided interests in any [real or

116-18 personal] property of the decedent, and they have not agreed among

116-19 themselves, before distribution, to a partition, allotment or other division

116-20 thereof, any one or more of them or the [executor or administrator,]

116-21 personal representative, at the request of any one or more of them, may

116-22 petition the court to make such partition, allotment or division of the

116-23 property as will be equitable and will avoid the distribution of undivided

116-24 interests.

116-25 Sec. 413. NRS 152.020 is hereby amended to read as follows:

116-26 152.020 Partition may be made as provided in this chapter, although

116-27 some of the original heirs [, devisees or legatees] or devisees may have

116-28 assigned or conveyed their share to other persons, and [such shares shall]

116-29 those shares must be partitioned to the person holding [the same] them in

116-30 the same manner as they would have been to the heirs [, devisees or

116-31 legatees] or devisees had they not transferred their shares.

116-32 Sec. 414. NRS 152.030 is hereby amended to read as follows:

116-33 152.030 1. [To secure such partition, any] A person interested in the

116-34 partition may file a petition stating the necessary facts, particularly

116-35 describing the property to be partitioned and the person or persons

116-36 interested in the property.

116-37 2. Upon filing the petition, a citation [shall] must issue to all persons

116-38 interested [who shall reside in this state, or their guardians, and to agents,

116-39 attorneys or guardians, if there be any in this state, or such as reside out of

116-40 this state,] to appear and show cause why [a decree] an order of partition

116-41 should not be made as [prayed for.] requested.

116-42 3. The citation [shall specify:

116-43 (a) The] must specify the estate and the party petitioning for partition.

117-1 [(b) The time and place for hearing the petition, not more than 20 days

117-2 from its date.]

117-3 4. The citation must be served [5] in the manner provided in NRS

117-4 155.050 at least 10 days before the hearing [, at the time specified in the

117-5 citation, or at such further time] or for such other period as the court may

117-6 [continue the hearing.] order.

117-7 5. Upon proof [, to the satisfaction of the court,] that the citation has

117-8 been properly served , [as above required,] the court shall proceed to hear

117-9 the petition and the allegation and proofs of the respective parties, and

117-10 [decree] enter an order accordingly.

117-11 Sec. 415. NRS 152.040 is hereby amended to read as follows:

117-12 152.040 Before any partition [shall] may be made, as provided in this

117-13 chapter, guardians [shall] must be appointed for all minor [and insane] ,

117-14 unborn or incapacitated persons interested in the estate to be divided, and

117-15 an attorney [shall] may be appointed for all nonresident or absent heirs or

117-16 other persons interested.

117-17 Sec. 416. NRS 152.050 is hereby amended to read as follows:

117-18 152.050 1. [When] If the property to be partitioned is entirely

117-19 personal property, the court [or judge] shall appoint three competent,

117-20 disinterested persons as commissioners for that purpose, who shall be

117-21 sworn by any person authorized to administer oaths to faithfully and

117-22 impartially discharge their duties.

117-23 2. A certified copy of the order appointing them, attached to a certified

117-24 copy of the [decree] order fixing the shares to which the respective parties

117-25 are entitled must be given to them as their warrant, and their oath must be

117-26 endorsed thereon.

117-27 3. [When] If the property to be divided is real property, or partly real

117-28 and partly personal, one of the three commissioners must be a [practical]

117-29 licensed professional land surveyor.

117-30 4. Upon consent of the parties, and [when] if the court considers it

117-31 proper and just, the court may appoint one commissioner only, who has the

117-32 same authority and is governed by the same rules as if three were

117-33 appointed.

117-34 Sec. 417. NRS 152.060 is hereby amended to read as follows:

117-35 152.060 If the real property to be partitioned [shall be] is in different

117-36 counties, the court , [or judge,] if deemed proper, may appoint

117-37 commissioners for each county, and, in [such] that case, the property in

117-38 each county [shall] must be divided separately, as if there were no other

117-39 estate to be partitioned , [;] but the commissioners first appointed shall,

117-40 unless otherwise directed by the court, make division of the real property

117-41 wherever situated in this state.

118-1 Sec. 418. NRS 152.070 is hereby amended to read as follows:

118-2 152.070 The commissioners shall notify all persons interested in the

118-3 partition, their guardians, agents or attorneys, of the time when they will

118-4 proceed to make partition, [which time shall be as reasonable after their

118-5 appointment as circumstances will admit,] or the court, in the order of

118-6 appointment, may fix the time.

118-7 Sec. 419. NRS 152.090 is hereby amended to read as follows:

118-8 152.090 The several shares in the real and personal property [shall]

118-9 must be set out to each individual in proportion to his [or her] right, and the

118-10 real property by metes, bounds or such description that the [same] property

118-11 can be easily distinguished. If two or more of the parties request to have

118-12 their shares set out so as to be held in common and undivided, [such] those

118-13 shares may be so partitioned.

118-14 Sec. 420. NRS 152.100 is hereby amended to read as follows:

118-15 152.100 [When] If any tract of land or tenement [shall be] is of greater

118-16 value than [either] one party’s share in the estate to be divided, and cannot

118-17 be divided without injury to the [same,] property, it may be set off by the

118-18 commissioners to any one of the parties [,] who will accept it and pay, or

118-19 secure to be paid, to one or more of the others interested, such sum or sums

118-20 as the commissioners [shall] award to make the partition equal, and the

118-21 commissioners shall make their award accordingly [; but such partition

118-22 shall] , but the partition may not be established by the court until the sums

118-23 so awarded [shall be] are paid to the parties entitled to [the same,] them, or

118-24 secured to their satisfaction.

118-25 Sec. 421. NRS 152.110 is hereby amended to read as follows:

118-26 152.110 1. [When] If it cannot otherwise be fairly divided, the whole

118-27 or any part of the property [, real or personal,] may be recommended by the

118-28 commissioners to be sold, and if the report [be] is confirmed, the court may

118-29 order a sale by the [executor or administrator] personal representative or

118-30 by a commissioner appointed for that purpose, and distribute the proceeds.

118-31 2. The sale [shall] must be conducted, reported upon and confirmed in

118-32 the same manner and under the same rules as in ordinary cases of sales of

118-33 [land by an executor or administrator under this Title.] real property or

118-34 personal property, as the case may be, by a personal representative under

118-35 chapter 148 of NRS.

118-36 Sec. 422. NRS 152.120 is hereby amended to read as follows:

118-37 152.120 1. When partition of real property among heirs [, devisees or

118-38 legatees shall be] or devisees is required, and such real property [shall be]

118-39 is in common and undivided with the real property of any other person, the

118-40 commissioners shall first divide and sever the property of the [deceased]

118-41 decedent from the property in which it lies in common, and such division,

118-42 so made and established by the court, [shall be] is binding upon all the

118-43 interested persons . [interested.]

119-1 2. The court may authorize the [executor or administrator] personal

119-2 representative to bring [suit] an action for such partition when deemed

119-3 necessary.

119-4 Sec. 423. NRS 152.140 is hereby amended to read as follows:

119-5 152.140 1. The commissioners, within a reasonable time [after they

119-6 have finished their work, shall make a report of their proceedings and of the

119-7 partition made by them, and file the same with the clerk of the court.] shall

119-8 file their report of partition.

119-9 2. Within 15 days after the report is filed any [person] interested

119-10 person may file [exceptions] an objection to the report, particularly

119-11 specifying the grounds of objection. A copy of the [exceptions shall]

119-12 objection must be served upon the commissioners and all parties interested

119-13 in the partition, their guardians, agents or attorneys , [in the county,] with a

119-14 notice to [such] those persons that the [excepting] objecting party will, at a

119-15 [certain time to be mentioned,] time certain, not later than 20 days after the

119-16 filing of the [exceptions,] objection move the court to set aside the report,

119-17 and for a new partition.

119-18 3. At the time specified, or at such other time as the court may [sit,] set,

119-19 the court shall proceed to hear the objection to the report , [and

119-20 exceptions,] and may hear proof by any party [,] and, for sufficient reasons,

119-21 the court may set aside the report and recommit the partition to the same

119-22 commissioners, or appoint others, or may modify or confirm the report.

119-23 4. If no [exceptions shall be] objection is filed to the report within the

119-24 time [above specified, the court, on the expiration of the 15 days, or at any

119-25 time thereafter, if] specified and the report appears to be just and correct

119-26 and all the proceedings regular, the court shall [confirm] enter an order

119-27 confirming the report . [, and when the report shall be finally confirmed the

119-28 decree of confirmation and the report shall be recorded by the clerk, and

119-29 the] The court shall order proper conveyance to be made by the respective

119-30 parties to one another, or may [, if for any reason necessary,] appoint a

119-31 commissioner to make [such] the conveyance or conveyances, which, when

119-32 acknowledged and recorded, [shall effectually pass the] is sufficient to

119-33 convey title.

119-34 Sec. 424. NRS 152.150 is hereby amended to read as follows:

119-35 152.150 [When any real] If particular property cannot be divided

119-36 without prejudice or inconvenience to the owners, the court may assign the

119-37 whole to one or more of the parties entitled to shares therein, who will

119-38 accept and pay to the other parties interested their just proportion of the

119-39 true value thereof, or secure the same to their satisfaction [,] or, in case of

119-40 the minority or incapacity of [such] the other party or parties, to the

119-41 satisfaction of the guardian of [such] the minor or [minors.] incapacitated

119-42 person. The true value of the property [shall] must be ascertained and

120-1 reported by the commissioners or appraisers appointed specially for that

120-2 purpose.

120-3 Sec. 425. NRS 152.160 is hereby amended to read as follows:

120-4 152.160 The expenses of partition [shall] must be equitably

120-5 apportioned by the court among the parties, but each party must pay his

120-6 own attorney’s fees [.] , unless otherwise ordered by the court for good

120-7 cause.

120-8 Sec. 426. NRS 152.170 is hereby amended to read as follows:

120-9 152.170 The allotment made by the court [shall control] controls upon

120-10 proceedings for distribution, unless modified for good cause upon

120-11 reasonable notice, and the proceedings leading to [such] the allotment may

120-12 be reviewed upon appeal from the [decree] order of distribution.

120-13 Sec. 427. Chapter 153 of NRS is hereby amended by adding thereto

120-14 the provisions set forth as sections 428 and 429 of this act.

120-15 Sec. 428. 1. A trustee or beneficiary may petition the court

120-16 regarding any aspect of the affairs of the trust, including:

120-17 (a) Determining the existence of the trust;

120-18 (b) Determining the construction of the trust instrument;

120-19 (c) Determining the existence of an immunity, power, privilege, right

120-20 or duty;

120-21 (d) Determining the validity of a provision of the trust;

120-22 (e) Ascertaining beneficiaries and determining to whom property is to

120-23 pass or be delivered upon final or partial termination of the trust, to the

120-24 extent not provided in the trust instrument;

120-25 (f) Settling the accounts and reviewing the acts of the trustee,

120-26 including the exercise of discretionary powers;

120-27 (g) Instructing the trustee;

120-28 (h) Compelling the trustee to report information about the trust or

120-29 account, to the beneficiary;

120-30 (i) Granting powers to the trustee;

120-31 (j) Fixing or allowing payment of the trustee’s compensation, or

120-32 reviewing the reasonableness of his compensation;

120-33 (k) Appointing or removing a trustee;

120-34 (l) Accepting the resignation of a trustee;

120-35 (m) Compelling redress of a breach of the trust;

120-36 (n) Approving or directing the modification or termination of the

120-37 trust;

120-38 (o) Approving or directing the combination or division of trusts; and

120-39 (p) Amending or conforming the trust instrument in the manner

120-40 required to qualify the estate of a decedent for the charitable estate tax

120-41 deduction under federal law, including the addition of mandatory

120-42 requirements for a charitable-remainder trust.

121-1 2. A petition under this section must state the grounds of the petition

121-2 and the name and address of each interested person, including the

121-3 attorney general if the petition relates to a charitable trust, and the relief

121-4 sought by the petition. Except as otherwise provided in this chapter, the

121-5 clerk shall set the petition for hearing and the petitioner shall give notice

121-6 for the period and in the manner provided in NRS 155.010. The court

121-7 may order such further notice to be given as may be proper.

121-8 Sec. 429. The trustee may, upon petition of a beneficiary or the

121-9 guardian of a beneficiary, be ordered to appear at a hearing and render

121-10 an account. The trustee must be served with a citation in the manner

121-11 provided in NRS 155.050. Unless otherwise ordered by the court, the

121-12 citation must be served at least 30 days before the day of the hearing. The

121-13 petition may not be denied unless an account has been filed with the

121-14 court within 1 year before the petition is filed.

121-15 Sec. 430. NRS 153.010 is hereby amended to read as follows:

121-16 153.010 The provisions of [NRS 153.020, 153.030 and 153.040 shall]

121-17 this chapter govern fiduciaries acting under trusts, wills and court orders in

121-18 estate proceedings, whether the [same have] estate has been distributed [,]

121-19 or proceedings are now pending . [, or may hereafter be filed.]

121-20 Sec. 431. NRS 153.020 is hereby amended to read as follows:

121-21 153.020 [1. Where any] If a trust, life estate [,] or estate for years

121-22 [has been] is created by or under any will to continue after distribution, the

121-23 [district] court does not lose jurisdiction of the estate by final distribution ,

121-24 but [, except as provided in this subsection,] retains jurisdiction of it [to

121-25 settle the accounts under the trusts, life tenancies, or estates for years and

121-26 for] until the distribution of the residue to those entitled to it. The

121-27 distribution may be upon petition of the trustee, his successor in interest, or

121-28 of any person entitled to share in the distribution. [The court may transfer

121-29 supervision of the trust to another court within or outside this state as

121-30 provided in NRS 164.130.

121-31 2. Any trustee of any trust created by any will, or appointed to execute

121-32 any trust created by any will, may, from time to time, pending the execution

121-33 of his trust, petition for the settlement of his accounts as trustee before the

121-34 district court in which the will was probated in the manner provided for the

121-35 settlement of the accounts of executors and administrators.

121-36 3. The trustee shall, for that purpose, present to the court a verified

121-37 petition setting forth the accounts in detail, with a report showing the

121-38 condition of the trust estate and his verified statement giving names and

121-39 post office addresses, if known, of the beneficiaries. Upon the filing

121-40 thereof, the clerk shall fix a day for the hearing and the trustee shall give

121-41 notice of the hearing in the manner prescribed by NRS 155.010. The notice

121-42 must set forth the name of the trust estate, the trustee, and the day

122-1 appointed for the settlement of the account. The court, or a judge thereof,

122-2 may order such further notice to be given as may be proper.

122-3 4. The trustee of any trust created by a will or appointed to execute any

122-4 trust created by a will shall, at the termination of the trust, petition for the

122-5 settlement of his accounts as trustee in the manner provided in chapter 165

122-6 of NRS.]

122-7 Sec. 432. NRS 153.050 is hereby amended to read as follows:

122-8 153.050 1. [Wherever] If by law, or by the terms of [any] an

122-9 instrument creating a life estate [,] or an estate for years, the tenant is

122-10 required to account for [his] use of the property of [which he is tenant,] the

122-11 estate, then the provisions of this chapter concerning accounting by a

122-12 trustee [shall] apply to the life tenant and tenant for years, and, after [his]

122-13 death, to [his executor and administrator.] the personal representative.

122-14 2. [Where] If no obligation to account during his tenancy is imposed

122-15 upon the tenant, nevertheless such of the provisions of this chapter as apply

122-16 to accounting by [the executors and administrators of a trustee shall] a

122-17 trustee apply to the [executors and administrators] personal

122-18 representatives of the tenant, to the extent of determining the residue of the

122-19 estate.

122-20 Sec. 433. NRS 153.060 is hereby amended to read as follows:

122-21 153.060 [Whenever a] If a petition is filed for distribution of the

122-22 residue of the trust estate, estate for life [,] or estate for years to those

122-23 entitled thereto [shall be petitioned for,] , the clerk shall set the petition for

122-24 hearing and the petitioner shall give notice of the hearing [of the petition

122-25 shall be given for the time] for the period and in the manner provided in

122-26 NRS [151.090 upon petitions for distribution.] 155.010.

122-27 Sec. 434. NRS 153.080 is hereby amended to read as follows:

122-28 153.080 [A decree rendered] An order entered under the provisions of

122-29 this chapter, when it becomes final, [shall be] is conclusive upon all

122-30 interested persons , [in interest,] whether or not they are competent or in

122-31 being.

122-32 Sec. 435. NRS 153.090 is hereby amended to read as follows:

122-33 153.090 1. [Any] A person named or designated as a trustee in a will

122-34 may, at any time before distribution of any of the estate to him, decline to

122-35 act as trustee, and an order of court [shall thereupon be made] must be

122-36 entered accepting the resignation , [;] but the declination of any person who

122-37 has qualified as trustee [shall] may not be accepted by the court unless [the

122-38 same shall be in writing and filed in the matter of the estate in the court in

122-39 which the administration is pending, and notice shall be given thereof, as is

122-40 required upon a petition for letters of administration.] a petition to accept

122-41 the declination is filed in the proceeding for administration of the estate.

122-42 Upon the filing of the petition, the clerk shall set it for hearing and the

123-1 petitioner shall give notice to all interested persons for the period and in

123-2 the manner provided in NRS 155.010.

123-3 2. In accepting a declination , the court may [make] enter and enforce

123-4 any order which may be necessary for the preservation of the estate.

123-5 Sec. 436. NRS 153.100 is hereby amended to read as follows:

123-6 153.100 1. The court in which the administration is pending [shall

123-7 have power,] may, at any time before final distribution [, to appoint some

123-8 fit and proper] of the trust, appoint a qualified person to fill [any] a

123-9 vacancy in the office of trustee under the will, whether resulting from

123-10 death, declination, resignation, removal or otherwise, if the appointment is

123-11 necessary to carry out the trust. A person who is named in the will to fill

123-12 the vacancy has priority for appointment.

123-13 2. The appointment may be made by the court upon the [written

123-14 application of any person interested in the trust, filed in the probate

123-15 proceedings, and shall be made only after notice to all parties interested in

123-16 the trust given as required upon a petition for the probate of a will.] petition

123-17 of an interested person. Upon the filing of the petition, the clerk shall set

123-18 it for hearing and the petitioner shall give notice to all interested persons

123-19 for the period and in the manner provided in NRS 155.010.

123-20 3. The court may appoint a temporary trustee without notice if

123-21 necessary to preserve the trust estate.

123-22 Sec. 437. NRS 153.120 is hereby amended to read as follows:

123-23 153.120 The court may [, in its discretion, require the] require a

123-24 person appointed [under NRS 153.100 or 153.110,] as trustee, before

123-25 acting as a trustee, to give a bond as is required of a [person appointed

123-26 administrator.] personal representative. If a bond is required , the trustee

123-27 [shall] must be allowed the cost of the bond [.] out of the trust estate.

123-28 Sec. 438. Chapter 154 of NRS is hereby amended by adding thereto a

123-29 new section to read as follows:

123-30 If a personal representative, on order of the court, pays over or delivers

123-31 to the state treasurer property which has become escheatable to the state,

123-32 the receipt or certificate of the state treasurer evidencing the payment or

123-33 delivery must be filed with the clerk of the district court in the county in

123-34 which the estate is being administered or is located. Upon the filing of the

123-35 receipt or certificate, the personal representative is released from all

123-36 further liability relating to the property.

123-37 Sec. 439. NRS 154.010 is hereby amended to read as follows:

123-38 154.010 [Estates shall escheat to and be] An estate escheats to and is

123-39 vested in the State of Nevada for educational purposes if any person dies or

123-40 has died, within this state, seised of any real or personal estate, and leaving

123-41 no heirs, representatives [, devisees or legatees] or devisees capable of

123-42 inheriting or holding the [same,] estate, and in all cases where there is no

123-43 owner of [such] the estate capable of holding [the same.] it. Any balance

124-1 remaining in a retired employee’s or beneficiary’s individual account under

124-2 the public employees’ retirement system is not an estate within the meaning

124-3 of this chapter.

124-4 Sec. 440. NRS 154.020 is hereby amended to read as follows:

124-5 154.020 1. [Whenever] If the attorney general [shall be informed, or

124-6 shall have] is informed, or has reason to believe, that any real or personal

124-7 [estate] property has become escheatable to this state for the reasons

124-8 specified in NRS 154.010, or that any such [estate] property has, for any

124-9 other reason, become escheatable, [he] the attorney general shall file an

124-10 information [in] on behalf of the state in the district court of the county

124-11 where [such estate,] the property, or any part thereof, is [situated.] located.

124-12 2. The information [shall] must set forth:

124-13 (a) A description of the [estate.] property.

124-14 (b) The name of the person last lawfully seised.

124-15 (c) The name of the [terre-tenant and] persons holding, possessing or

124-16 claiming the [estate,] property, if known.

124-17 (d) The facts and circumstances [in consequence of which the estate is

124-18 claimed to have become escheated.] giving rise to the claim for

124-19 escheatment.

124-20 3. The information [shall] must allege that [by reason thereof] the State

124-21 of Nevada has by law right to [such estate.] the property.

124-22 Sec. 441. NRS 154.030 is hereby amended to read as follows:

124-23 154.030 1. Upon the filing of the information, the court shall order

124-24 that a citation be issued to the person or persons [and bodies politic or

124-25 corporate] alleged in the information to hold, possess or claim the [estate,]

124-26 property, requiring them to appear and show cause why the [estate]

124-27 property should not vest in the State of Nevada. [The citation shall] Unless

124-28 the court otherwise orders, the citation must be made returnable [within

124-29 the time allowed by law in other civil actions.] at least 20 days after its

124-30 service.

124-31 2. The court may also, if deemed advisable, order the citation to be

124-32 published in a newspaper published in the county [,] where the

124-33 administration is pending, if any , [;] and, if none, then in some newspaper

124-34 in this state.

124-35 Sec. 442. NRS 154.040 is hereby amended to read as follows:

124-36 154.040 1. After the filing of an information as provided in NRS

124-37 154.020, and upon [motion] petition of the attorney general, either before

124-38 or after answer, upon notice to the person or persons holding, possessing

124-39 or claiming the [estate,] property, if known, the [district] court may, on

124-40 sufficient cause therefor being shown, appoint a receiver to take charge of

124-41 the real estate or personal property, other than money, mentioned in the

124-42 information, and receive the rents and profits of the [same] property until

124-43 the title of the property [shall be] is finally settled.

125-1 2. The receiver shall, before entering upon his duties, execute a bond to

125-2 the State of Nevada in a sum to be fixed by the court, with sureties to be

125-3 approved by the [judge,] court, conditioned to perform faithfully the duties

125-4 of the trust and to account fully to the person finally [adjudged] determined

125-5 to be entitled to the property. [Such] That person may maintain an action

125-6 on the bond for any default or damage.

125-7 Sec. 443. NRS 154.060 is hereby amended to read as follows:

125-8 154.060 1. All persons [and bodies politic or corporate,] named in

125-9 the information [as terre-tenants or claimants to the estate,] may appear and

125-10 plead to the proceedings, and may traverse or deny the facts stated in the

125-11 information [(] and the title of the state to the estate [therein mentioned)]

125-12 at any time on or before the return day of the citation.

125-13 2. Any other person claiming an interest in the [estate] property may

125-14 appear and be made a defendant, and plead as stated in subsection 1 by

125-15 [motion] petition for that purpose [made in open court] filed within the

125-16 time allowed for pleading.

125-17 3. If any person [shall appear and plead] appears and pleads as stated

125-18 in subsections 1 and 2, denying the title [set up] claimed by the state, or

125-19 [traverse] traverses any material fact set forth in the information, or issue or

125-20 issues of fact to be made up, the matter [shall] must proceed as other civil

125-21 actions on issues of fact.

125-22 4. A survey may be ordered, as in other civil actions, [when] if the

125-23 boundary is called into question.

125-24 Sec. 444. NRS 154.080 is hereby amended to read as follows:

125-25 154.080 1. Upon any judgment [rendered by any] entered by a court

125-26 of competent jurisdiction, escheating real property to the state, on [motion]

125-27 petition of the attorney general, or on [motion of any executor or

125-28 administrator having charge] petition of a personal representative of the

125-29 estate, the court shall, or the court may upon its own motion, [make] enter

125-30 an order that the real property be sold by the sheriff of the county where the

125-31 property is situated, at public sale, after giving notice of the time and place

125-32 of sale as is provided in cases of sale of property under execution.

125-33 2. The sheriff shall, within 10 days after the sale, [make] submit a

125-34 report thereof to the court. Upon the hearing of the report , the court may

125-35 examine the report and any witnesses, and if the proceedings were unfair,

125-36 or the sum bid is disproportionate to the value of the property sold, or if it

125-37 appears that a sum exceeding the bid by at least [10] 5 percent may be

125-38 obtained, the court may vacate the sale and direct another sale to be

125-39 conducted in all respects as if no previous sale had taken place.

125-40 3. If an offer of [10] 5 percent more in amount than that named in the

125-41 report is made to the court in writing by a responsible person, the court may

125-42 accept that offer and confirm the sale, or order a new sale.

126-1 4. If it appears to the court that the sale was legally made and fairly

126-2 conducted, and that the sum bid is not disproportionate to the value of the

126-3 property sold, and that a sum in excess of [10 percent of] 5 percent more

126-4 than the bid cannot be obtained, or [,] if an increased bid was accepted by

126-5 the court, the court shall [make] enter an order confirming the sale and

126-6 directing the sheriff, in the name of the state, to execute to the purchaser a

126-7 conveyance of the property sold. The conveyance vests in the purchaser all

126-8 [of] the right and title of the state therein.

126-9 5. The sheriff shall, out of the proceeds of the sale, pay the costs of the

126-10 proceedings incurred on behalf of the state, including the expenses of

126-11 making the sale, and also an attorney’s fee, if additional counsel was

126-12 employed in the proceedings, to be fixed by the court . [, not exceeding 15

126-13 percent of the amount of the sale.] The sheriff shall deposit the remaining

126-14 proceeds in the state treasury for credit to the fund for escheated estates.

126-15 Sec. 445. NRS 154.105 is hereby amended to read as follows:

126-16 154.105 1. The state treasurer may sell at a public sale [personal]

126-17 property in [his] the custody of the state treasurer which has escheated to

126-18 the state. The state treasurer shall cause public notice of the sale to be

126-19 given. Any money received from the sale must be deposited in the state

126-20 treasury for credit to the fund for escheated estates.

126-21 2. The [executor or administrator having charge] personal

126-22 representative of an estate shall sell any [real or personal] property and

126-23 transmit the proceeds of the sale to the state treasurer for credit to the fund

126-24 for escheated estates unless the state treasurer authorizes transmittal of the

126-25 property.

126-26 Sec. 446. NRS 154.120 is hereby amended to read as follows:

126-27 154.120 1. If, within 6 years after any judgment escheating property

126-28 to the state, any person claims any money or [any real or personal] property

126-29 vested in the state by the judgment, the person may file a petition in the

126-30 district court of Carson City, stating the nature of the claim, with an

126-31 appropriate [prayer] request for the relief demanded.

126-32 2. A copy of the petition must be served upon the attorney general

126-33 before or at the time of filing. Within 20 days after service, the attorney

126-34 general shall appear in the proceeding and plead or answer the petition. If,

126-35 after examining all the facts, the attorney general is convinced that the state

126-36 has no legal defense against the petition, [he] the attorney general may,

126-37 with the consent of the court, confess judgment on behalf of the state.

126-38 3. If judgment is not confessed, the petition is at issue on the 20th day

126-39 after its filing, and may be heard by the court on that day, or at such future

126-40 day as the court may order.

126-41 4. Upon the hearing, the court shall examine the claim and hear the

126-42 allegations and evidence. If the court finds that the person is entitled to any

126-43 money , it shall, by judgment, order the state controller to draw his warrant

127-1 in favor of the claimant upon the state treasurer for the sum specified in the

127-2 order, but without interest, income or cost of any kind to the state. A

127-3 certified copy of the judgment and order directing the state controller to

127-4 draw [his] a warrant for money is a sufficient voucher [for him] to do so.

127-5 5. If any [real or personal] property is the subject of the trial, and the

127-6 court finds the claimant entitled to it, the court shall [decree] enter an

127-7 order accordingly. The [decree] order divests the interests of the state in or

127-8 to the property, but no interest, income or other cost of any kind may be

127-9 taxed against the state.

127-10 6. If any [real or personal] property has been sold as provided in this

127-11 chapter after the judgment of [escheatal,] escheat, the petitioner is entitled

127-12 to the proceeds of the sale less the cost of the sale without any interest,

127-13 income or other cost to the state of any kind, in lieu of the [real or personal]

127-14 property, and the court shall [decree] enter an order accordingly.

127-15 7. All persons, except [infants and persons of unsound mind,] minors

127-16 and incapacitated persons who fail to appear and file their petitions within

127-17 the time limited in subsection 1, are barred forever. [Infants and persons of

127-18 unsound mind have the right to] Minors and incapacitated persons may

127-19 appear and file their petitions at any time within 5 years after their

127-20 respective disabilities are removed.

127-21 Sec. 447. NRS 154.150 is hereby amended to read as follows:

127-22 154.150 1. A person desiring to acquire title to any individual item or

127-23 [parcel of land] real property which has escheated to the state must proceed

127-24 by [application] petition to the director of the state department of

127-25 conservation and natural resources on forms obtainable at his office and in

127-26 the manner described in NRS 154.150 to 154.180, inclusive.

127-27 2. [When applying] A petition for unimproved real [estate] property

127-28 outside of approved townsites [, no application will] may not be accepted

127-29 for a parcel of land less than the smallest legal subdivision (40 acres) unless

127-30 the area in its entirety is less than 40 acres. In such a case , that portion of

127-31 the subdivision [shall] must be described and disposed of on one

127-32 [application,] petition unless, in the discretion of the director of the state

127-33 department of conservation and natural resources, it is found that the

127-34 remaining portion could be disposed of within a reasonable length of time,

127-35 and would not become an isolated tract. He [could] may then accept an

127-36 application for a portion of the tract, [provided that a survey be] if a survey

127-37 is made and a plat submitted on tracing cloth [(24² x 32² )] , 24 inches by

127-38 32 inches, on which [would be] is set forth an accurate [metes and bounds]

127-39 description of the property [,] by metes and bounds, with at least one

127-40 corner of the property tied to a point on the United States public land

127-41 surveys.

128-1 Sec. 448. NRS 154.160 is hereby amended to read as follows:

128-2 154.160 The [application] petition must be accompanied by:

128-3 1. The purchase price in the amount of the [applicant’s] petitioner’s

128-4 offer for the real [estate] property desired.

128-5 2. A sufficient sum to cover the cost of advertising.

128-6 3. [An application] A fee of $5.

128-7 Sec. 449. NRS 154.170 is hereby amended to read as follows:

128-8 154.170 1. The director of the state department of conservation and

128-9 natural resources shall issue a receipt to the [applicant] petitioner for the

128-10 amount deposited in his trust and shall without any unnecessary delay cause

128-11 notice of the [application] petition to be given in the following manner:

128-12 (a) By posting one of the notices in a conspicuous place in the office of

128-13 the director of the state department of conservation and natural resources.

128-14 (b) By posting one of the notices at a conspicuous place at the property.

128-15 (c) By publishing a notice in a newspaper in the county in which the

128-16 [land applied for is situate] real property is located at least once each week

128-17 for 4 consecutive weeks prior to the date of sale.

128-18 2. The notice [shall] must contain:

128-19 (a) The name of the deceased owner in which was vested the title before

128-20 death, if known.

128-21 (b) A description of the property as contained in the [application.]

128-22 petition.

128-23 (c) The amount of the offer contained in the [application.] petition.

128-24 (d) A statement that the property will be sold to the highest bidder,

128-25 specifying the time and place of the sale and that the transaction must be

128-26 handled in legal tender of the United States or a certified check.

128-27 3. The director of the state department of conservation and natural

128-28 resources [shall have the power to] may reject any or all bids.

128-29 Sec. 450. NRS 154.180 is hereby amended to read as follows:

128-30 154.180 The person to whom the title passes [shall bear] must pay the

128-31 cost of advertising and the application fee. When the title passes to a person

128-32 other than the person who made the [application,] petition, the original

128-33 [applicant shall] petitioner must be reimbursed all moneys deposited by

128-34 him.

128-35 Sec. 451. Chapter 155 of NRS is hereby amended by adding thereto

128-36 the provisions set forth as sections 452 to 455, inclusive, of this act.

128-37 Sec. 452. If a petition, notice, objection, consent, waiver or other

128-38 paper may be filed, a true and correct facsimile of it may be filed, if the

128-39 original is filed within a reasonable time.

128-40 Sec. 453. In accordance with the provisions of NRS 33.010 and the

128-41 Nevada Rules of Civil Procedure, and upon such terms and conditions as

128-42 the court deems just and appropriate, the court may issue a temporary

129-1 restraining order or an injunction to preserve and protect assets of the

129-2 estate or trust.

129-3 Sec. 454. Unless otherwise ordered by the court, an appeal pursuant

129-4 to NRS 155.190 does not stay any order or proceeding in the estate or

129-5 trust. The court may grant a stay, pending the appeal, of an order from

129-6 which the appeal was taken, upon such bond, undertaking or conditions

129-7 as it deems just or appropriate.

129-8 Sec. 455. 1. If through inadvertence or mistake an order entered

129-9 fails to state correctly the order made by the court, and the inadvertence

129-10 or mistake is brought to the attention of the court by petition or the court

129-11 acts on its own motion, the court may enter an order nunc pro tunc

129-12 correcting the previous order.

129-13 2. The order nunc pro tunc must be in the form of an amended order

129-14 and bear the caption "Amended Order of ....." The body of the amended

129-15 order must be identical to the order being corrected, except for the

129-16 correction, and conclude with language substantially as follows: "This is

129-17 an order nunc pro tunc correcting the previous order of .... dated ....."

129-18 3. If the order to be amended is many pages in length, the court may

129-19 cause to be filed a document captioned "Amendment to Order of ...."

129-20 which addresses only the correction, together with sufficient language to

129-21 identify the correction, and concludes with the same language as an

129-22 amended order. Such an amendment to an order must be accompanied

129-23 by a verified petition, or an affidavit of counsel, specifying the reasons

129-24 for the correction.

129-25 4. The original order may not be physically changed, but must be

129-26 used in conjunction with the order nunc pro tunc correcting it. In

129-27 making corrections in the amendment document a complete clause or

129-28 sentence must be stricken and replaced, even if the only change is to

129-29 correct a single word or figure.

129-30 Sec. 456. NRS 155.010 is hereby amended to read as follows:

129-31 155.010 1. Except as otherwise provided in a specific statute relating

129-32 to the kind of notice required or otherwise ordered by the court in a

129-33 particular instance, a petitioner shall cause notice of the time and place of

129-34 the hearing of a petition to be given to [a] each interested person and to

129-35 every other person entitled to notice pursuant to this Title or his attorney if

129-36 he has appeared by attorney or requested that notice be sent to his attorney.

129-37 Notice must be given:

129-38 (a) By mailing a copy thereof at least 10 days before the time set for the

129-39 hearing by certified, registered or ordinary first-class mail addressed to the

129-40 person being notified at the post office address given in his demand for

129-41 notice, if any, or at his office or place of residence, if known, or by

129-42 personally delivering a copy thereof to the person being notified at least 10

129-43 days before the time set for the hearing; or

130-1 (b) If the address or identity of the person is not known and cannot be

130-2 ascertained with reasonable diligence, by publishing at least once a week

130-3 for 3 consecutive weeks a copy thereof in a newspaper having general

130-4 circulation in the county where the hearing is to be held, the last publication

130-5 of which must be at least 10 days before the date set for the hearing.

130-6 2. The court, for good cause shown, may provide for a different

130-7 method or time of giving notice for any hearing [.] , or may dispense with

130-8 the notice otherwise required to be given to a person under this Title.

130-9 3. Proof of the giving of notice must be made on or before the hearing

130-10 and filed in the proceeding.

130-11 4. A person entitled to notice may, in writing, waive notice of the

130-12 hearing of a petition.

130-13 Sec. 457. NRS 155.020 is hereby amended to read as follows:

130-14 155.020 1. Notice of a petition for the probate of a will and the

130-15 issuance of letters [testamentary or for letters of administration] and the

130-16 notice to creditors must be given to:

130-17 (a) The persons respectively entitled thereto, including the state welfare

130-18 administrator, as provided in NRS 155.010; and

130-19 (b) The public, including creditors whose names and addresses are not

130-20 readily ascertainable, by publication on three dates of publication before

130-21 the hearing, and if the newspaper is published more than once each week ,

130-22 there must be at least 10 days from the first to last dates of publication,

130-23 including both the first and last days.

130-24 2. Every publication required by this section must be made in a

130-25 newspaper [printed] published in the county where the proceedings are

130-26 pending, but if there is not such a newspaper, then in one having general

130-27 circulation in that county.

130-28 3. The notice of the hearing upon the petition to administer the estate

130-29 must be in substantially the following form:

130-30 NOTICE OF THE HEARING UPON THE PETITION TO

130-31 ADMINISTER THE ESTATE

130-32 Notice is hereby given that ................................ has filed in this court a

130-33 petition for the probate of a will and for letters testamentary, or for letters

130-34 of administration, of the estate of ................................, deceased, and a

130-35 hearing has been set for the .......... day of ................, 19......, at .......... (a.m.

130-36 or p.m.) at the courthouse of the above-entitled court. All persons interested

130-37 in the estate are notified to appear and show cause why the petition should

130-38 not be granted.

130-39 Dated

131-1 4. As soon as practicable after appointment, [every executor or

131-2 administrator] a personal representative shall, in addition to publishing the

131-3 notice to creditors, mail a copy of the notice to those creditors whose names

131-4 and addresses are readily ascertainable as of the date of first publication of

131-5 the notice and who have not already filed a claim. The notice must be in

131-6 substantially the following form:

131-7 NOTICE TO CREDITORS

131-8 Notice is hereby given that the undersigned has been appointed and

131-9 qualified by the (giving the title of the court and the date of appointment) as

131-10 [executor or administrator (as the case may be)] personal representative of

131-11 the estate of ................................, deceased. All creditors having claims

131-12 against the estate are required to file the claims with the clerk of the court

131-13 within .......... (60 or 90) days after the mailing or the first publication (as

131-14 the case may be) of this notice.

131-15 Dated

131-16 5. If before the last day for the filing of a creditor’s claim under NRS

131-17 147.040, the personal representative discovers the existence of a creditor

131-18 who was not readily ascertainable at the time of first publication of the

131-19 notice to creditors, the personal representative shall immediately mail a

131-20 copy of the notice to the creditor.

131-21 Sec. 458. NRS 155.030 is hereby amended to read as follows:

131-22 155.030 1. At any time after the issuance of letters [testamentary or

131-23 letters of administration upon] in the estate of [any decedent, any person

131-24 interested in the estate or the property thereof, or the attorney for that

131-25 person,] a decedent, an interested person or his attorney may serve upon

131-26 the [executor or administrator or upon the attorney for the executor or

131-27 administrator,] personal representative or his attorney, and file with the

131-28 clerk of the court wherein administration of the estate is pending, a written

131-29 request stating that he desires special notice and a copy of any [of the

131-30 following matters,] further filings, steps or proceedings in the

131-31 administration of the estate . [:

131-32 (a) Filing of returns of sales, leases or mortgages of any property of the

131-33 estate, and for confirmation thereof.

131-34 (b) Filing of accounts.

131-35 (c) Filing of petitions for any purpose.

131-36 (d) Filing of reports explaining why estates have not been closed.]

131-37 2. The request must state the post office address of the [person]

131-38 requester or his attorney, and thereafter a brief notice of the filing of any

131-39 [such] returns, petitions, accounts , [or] reports , or other proceedings,

131-40 together with a copy of the filing, must be addressed to that person or his

131-41 attorney, at his stated [post office] mailing address, and deposited with the

132-1 United States Postal Service with the postage thereon prepaid, within 2

132-2 days after [the filing of the return, petition or account;] each is filed, or

132-3 personal service of [such notices] the notice may be made on the person or

132-4 his attorney within the 2 days, and the personal service is equivalent to

132-5 deposit in the post office, and proof of mailing or of personal service must

132-6 be filed with the clerk before the hearing of the [petition, return or

132-7 account.] proceeding.

132-8 3. If, upon the hearing, it appears to the satisfaction of the court that

132-9 the notice has been regularly given, the court shall so find in its order [or

132-10 judgment and the judgment] and the order is final and conclusive upon all

132-11 persons.

132-12 4. An interested person in a testamentary trust or its property, or the

132-13 attorney for that person, may serve upon the trustee or his attorney, and

132-14 file with the clerk of the court wherein administration of the trust is

132-15 pending, a written request stating that he desires notice of the filing of

132-16 accounts and petitions in connection with the trust. The provisions of

132-17 subsections 2 and 3 apply to such a request.

132-18 5. On the filing of an inventory or a supplementary inventory, the

132-19 personal representative shall mail a copy to each person who has

132-20 requested special notice.

132-21 Sec. 459. NRS 155.040 is hereby amended to read as follows:

132-22 155.040 [Whenever] If personal notice is required by this Title to be

132-23 given to any person in the matter of an estate [,] or testamentary trust, and

132-24 no other mode of giving notice is prescribed, it [shall] must be given by

132-25 citation [, which shall be] issued by the clerk [, under the seal of the court,]

132-26 and directed to the person to be served, and [commanding] must command

132-27 the person to appear before the court [or judge, as the case may be,] at a

132-28 time and place to be named in the citation. The nature or character of the

132-29 proceedings [shall] must be briefly stated in the [body thereof.] citation,

132-30 and a copy of the petition, if any, must be attached.

132-31 Sec. 460. NRS 155.060 is hereby amended to read as follows:

132-32 155.060 [When] If no other time is specially prescribed, a citation

132-33 [shall] must be served at least [2] 10 days before the [return day.] day of

132-34 the hearing, but the court may, for good cause shown, shorten the time to

132-35 no less than 1 full judicial day before the day of the hearing.

132-36 Sec. 461. NRS 155.070 is hereby amended to read as follows:

132-37 155.070 [When] If publication is required, [such publication shall] the

132-38 publication must be made daily, or otherwise, as often during the

132-39 prescribed period as the newspaper is regularly issued, unless otherwise

132-40 provided in this Title. The court , [or judge,] however, may prescribe [a

132-41 less number of] less publications during the period for publication, and the

132-42 court [or judge] may, for good cause shown, extend or shorten any of the

132-43 times prescribed in this Title.

133-1 Sec. 462. NRS 155.080 is hereby amended to read as follows:

133-2 155.080 All proofs of publication or other mode or modes of giving

133-3 notice or serving papers may be made by the certificate or affidavit of any

133-4 person competent to be a witness . [, which] The certificate or affidavit

133-5 must be filed, and constitutes prima facie evidence of publication or service

133-6 . [, as the case may be.] Proof of service may also be made [by any means]

133-7 in any manner permitted by the Nevada Rules of Civil Procedure.

133-8 Sec. 463. NRS 155.090 is hereby amended to read as follows:

133-9 155.090 All notices required to be given by this Title may be given by

133-10 the clerk of the court without an order from the [judge for the same;] court,

133-11 and, when so given, for the time and in the manner required by law, they

133-12 [shall be] are as legal and valid as though made upon an order from [such

133-13 judge.] the court. If use of a citation is authorized or required by statute,

133-14 the citation may be issued by the clerk of the court on the request of a

133-15 party or his attorney, without a court order, unless an order is expressly

133-16 required by the statute.

133-17 Sec. 464. NRS 155.110 is hereby amended to read as follows:

133-18 155.110 1. A transcript from the minutes of court, or a copy of the

133-19 signed order of the court, showing the appointment of any person as

133-20 [executor or administrator,] personal representative, together with the

133-21 certificate of the clerk [, under his hand and the seal of the court that such]

133-22 that the person has given bond , if required, and has been qualified, and

133-23 that letters [testamentary or letters of administration] have been issued to

133-24 him, and have not been revoked, [shall have] has the same effect in

133-25 evidence as the letters themselves.

133-26 2. A copy of the letters, with like certificate, [shall have] has the same

133-27 effect.

133-28 Sec. 465. NRS 155.120 is hereby amended to read as follows:

133-29 155.120 [When a decree is rendered,] If an order is entered setting

133-30 apart a homestead, a certified copy of the [decree] order shall be recorded

133-31 in the office of the county recorder of the county where the property is

133-32 located.

133-33 Sec. 466. NRS 155.140 is hereby amended to read as follows:

133-34 155.140 [When, upon any proceeding in an estate,]

133-35 1. In a proceeding involving the estate of a decedent or a

133-36 testamentary trust:

133-37 (a) Interests to be affected must be described in pleadings that give

133-38 reasonable information to owners by name or class, by reference to the

133-39 instrument creating the interest or in another appropriate manner.

133-40 (b) An order binding the sole holder or all co-holders of a power of

133-41 revocation or presently exercisable general power of appointment,

133-42 including a power of amendment, binds other persons to the extent their

134-1 interests, as objects, takers in default or otherwise, are subject to the

134-2 power.

134-3 (c) To the extent there is no conflict of interest between them or

134-4 among persons represented:

134-5 (1) An order binding a guardian of the estate binds the person

134-6 whose estate he controls.

134-7 (2) An order binding a guardian of the person binds the ward if no

134-8 separate guardian of his estate has been appointed.

134-9 (3) An order binding a trustee binds beneficiaries of the trust in a

134-10 proceeding to probate a will establishing or adding to the trust, to review

134-11 the acts or accounts of a previous fiduciary, or involving creditors or

134-12 other third parties.

134-13 (4) An order binding a personal representative binds persons

134-14 interested in the undistributed assets of the estate of a decedent in an

134-15 action or proceeding by or against the estate.

134-16 (d) If there is no conflict of interest and no guardian of the estate has

134-17 been appointed, a parent may represent his minor child.

134-18 (e) An unborn or unascertained person who is not otherwise

134-19 represented is bound by an order to the extent his interest is adequately

134-20 represented by another person having a substantially identical interest in

134-21 the proceeding.

134-22 (f) Notice as prescribed by this Title must be given to every interested

134-23 person or to one who can bind an interested person under subsection (b),

134-24 (c) or (d). Notice may be given both to a person and to another who can

134-25 bind him.

134-26 (g) Notice is given to unborn or unascertained persons who are not

134-27 represented under subsection (b), (c) or (d) by giving notice to all known

134-28 persons whose interest in the proceeding is substantially identical to that

134-29 of the unborn or unascertained persons.

134-30 (h) At any stage of a proceeding, the court may appoint a guardian ad

134-31 litem or an attorney to represent the interest of a minor, an incapacitated,

134-32 unborn or unascertained person, or a persona whose identity or address

134-33 is unknown, if the court determines that representation of the interest

134-34 would otherwise be inadequate. If not precluded by conflict of interest, a

134-35 guardian ad litem or an attorney may be appointed to represent several

134-36 persons or interests. The court shall set out its reasons for appointing a

134-37 guardian ad litem or an attorney as a part of the record of the

134-38 proceeding.

134-39 2. If an attorney has been appointed for minors or [others interested in

134-40 the estate, such] other interested persons, the attorney, until another may

134-41 be appointed, shall represent the person or persons for whom he has been

134-42 appointed in all subsequent proceedings.

135-1 Sec. 467. NRS 155.150 is hereby amended to read as follows:

135-2 155.150 1. All issues of fact in matters of an estate [shall] must be

135-3 disposed of in the same manner as is by law provided upon the trial of

135-4 issues of fact in a common law action [.] , but all matters must be tried by

135-5 the court except as otherwise provided in NRS 137.020.

135-6 2. All questions of cost may be determined by the court, and execution

135-7 may issue therefor in accordance with the order of the court.

135-8 Sec. 468. NRS 155.160 is hereby amended to read as follows:

135-9 155.160 1. An interested person may appear and make a response

135-10 or objection in writing at or before the hearing.

135-11 2. An interested person may appear and make a response or

135-12 objection orally at the hearing. The court may hear and determine the

135-13 response or objection at the hearing or grant a continuance to allow the

135-14 response or objection to be made in writing.

135-15 3. If the court is not in session at the time set for the hearing of any

135-16 matter concerning the settlement of the [estates of deceased persons,] estate

135-17 of a decedent, anyone opposing the [application] petition therein made may

135-18 file objections thereto with the clerk.

135-19 Sec. 469. NRS 155.170 is hereby amended to read as follows:

135-20 155.170 The testimony of a witness or witnesses in other counties of

135-21 this state, or in other [states or territories,] jurisdictions of the United

135-22 States, or in foreign countries, may be taken by deposition as provided in

135-23 the Nevada Rules of Civil Procedure. [When a commission issues ex parte,

135-24 no cross-interrogatories shall be necessary.]

135-25 Sec. 470. NRS 155.180 is hereby amended to read as follows:

135-26 155.180 [When not] Except as otherwise specially provided in this

135-27 Title, all the provisions of law and the Nevada Rules of Civil Procedure

135-28 regulating proceedings in civil cases apply in matters of [estate,] probate,

135-29 when appropriate, or [the same] may be applied as auxiliary to the

135-30 provisions of this Title. The Nevada Rules of Appellate Procedure

135-31 regulating appeals in civil cases apply to appeals taken pursuant to NRS

135-32 155.190.

135-33 Sec. 471. NRS 155.190 is hereby amended to read as follows:

135-34 155.190 In addition to any order [or decree] from which an appeal is

135-35 expressly permitted by this Title, an appeal may be taken to the supreme

135-36 court within 30 days after its entry [,] from an order : [or decree:]

135-37 1. Granting or revoking letters testamentary or letters of administration.

135-38 2. Admitting a will to probate or revoking the probate thereof.

135-39 3. Setting aside an estate claimed not to exceed $50,000 in value.

135-40 4. Setting apart property as a homestead, or claimed to be exempt from

135-41 execution.

135-42 5. Granting or modifying a family allowance.

136-1 6. Directing or authorizing the sale or conveyance or confirming the

136-2 sale of property.

136-3 7. Settling an account of [an executor, administrator] a personal

136-4 representative or trustee.

136-5 8. Instructing or appointing a trustee.

136-6 9. Instructing or directing [an executor or administrator.] a personal

136-7 representative.

136-8 10. Directing or allowing the payment of a debt, claim, [legacy] devise

136-9 or attorney’s fee.

136-10 11. Determining heirship or the persons to whom distribution must be

136-11 made or trust property must pass.

136-12 12. Distributing property.

136-13 13. Refusing to make any order mentioned in this section or any

136-14 decision wherein the amount in controversy equals or exceeds, exclusive of

136-15 costs, [$1,000.] $5,000.

136-16 14. Granting or denying a motion to enforce the liability of a surety

136-17 filed pursuant to NRS 142.035.

136-18 15. Granting an order for conveyance or transfer pursuant to section

136-19 332 of this act.

136-20 Sec. 472. NRS 155.200 is hereby amended to read as follows:

136-21 155.200 An appeal by [an executor or administrator] a personal

136-22 representative who has given an official bond as provided in this Title

136-23 [shall be] is complete and effectual without an undertaking on appeal.

136-24 Sec. 473. NRS 155.210 is hereby amended to read as follows:

136-25 155.210 1. Upon an appeal, the [appellate] supreme court may [, in

136-26 its discretion,] reverse, affirm or modify the [judgment, order or decree]

136-27 order appealed from, and as to any or all of the parties, and order a

136-28 remittitur as in other cases, and may order costs to be paid by any party to

136-29 the proceeding, or out of the estate, as justice may require.

136-30 2. Execution for costs may issue out of the district court.

136-31 Sec. 474. NRS 155.220 is hereby amended to read as follows:

136-32 155.220 [When] If an order [or decree appointing an executor or

136-33 administrator shall be] appointing a personal representative is reversed on

136-34 appeal, all lawful acts in administration [upon] of the estate performed by

136-35 [such executor or administrator, if he shall have qualified, shall be] him are

136-36 as valid as if [such order or decree] the order had been affirmed.

136-37 Sec. 475. NRS 159.179 is hereby amended to read as follows:

136-38 159.179 1. [Each] An account made and filed by a guardian of the

136-39 estate or special guardian who is authorized to manage the ward’s property

136-40 [shall] must include the following information:

136-41 (a) The period [of time] covered by the account.

136-42 (b) All cash receipts and disbursements during the period covered by the

136-43 account.

137-1 (c) All claims filed and the action taken thereon.

137-2 (d) Any changes in the ward’s property due to sales, exchanges,

137-3 investments, acquisitions, gifts, mortgages or other transactions which have

137-4 increased, decreased or altered the ward’s property holdings as reported in

137-5 the original inventory or the preceding account.

137-6 (e) Such other information as the guardian considers necessary to show

137-7 the condition of the affairs of the ward.

137-8 2. If the account is for the estates of two or more wards it must show

137-9 the interest of each ward in the receipts, disbursements and property.

137-10 3. Receipts or vouchers for all expenditures must be [filed with the

137-11 account or produced at the hearing, unless excused by law or by the court.

137-12 The court may dispense with the necessity of filing receipts or vouchers

137-13 under the same circumstances] retained for examination under the

137-14 procedures provided [for] in NRS 150.150.

137-15 Sec. 476. Chapter 163 of NRS is hereby amended by adding thereto

137-16 the provisions set forth as sections 477 to 483, inclusive, of this act.

137-17 Sec. 477. Except as otherwise specifically provided in the trust

137-18 instrument, a person who holds a power to appoint or distribute income

137-19 or principal to or for the benefit of others, individually or as trustee, may

137-20 not use the power to discharge his legal obligations.

137-21 Sec. 478. 1. If a trustee commits or threatens to commit a breach

137-22 of trust, a beneficiary or cotrustee of the trust may maintain a proceeding

137-23 for any of the following purposes that is appropriate:

137-24 (a) To compel the trustee to perform his duties.

137-25 (b) To enjoin the trustee from committing the breach of trust.

137-26 (c) To compel the trustee to redress the breach of trust by payment of

137-27 money or otherwise.

137-28 (d) To appoint a receiver or temporary trustee to take possession of the

137-29 trust property and administer the trust.

137-30 (e) To remove the trustee.

137-31 (f) To set aside acts of the trustee.

137-32 (g) To reduce or deny compensation of the trustee.

137-33 (h) To impose an equitable lien or a constructive trust on trust

137-34 property.

137-35 (i) To trace trust property that has been wrongfully disposed of and

137-36 recover the property or its proceeds.

137-37 2. The provision of remedies in subsection 1 does not preclude resort

137-38 to any other appropriate remedy provided by statute or common law.

137-39 3. A proceeding under this section must be commenced by filing a

137-40 petition under NRS 164.010 and section 512 of this act.

138-1 Sec. 479. A trustee has the powers provided in the trust instrument,

138-2 expressed by law or granted by the court upon petition, as necessary or

138-3 appropriate to accomplish a purpose of the trust, but the court may not

138-4 grant a power expressly prohibited by the trust instrument.

138-5 Sec. 480. A third person who acts in good faith is not bound to

138-6 ensure the proper application of trust property paid or delivered to a

138-7 trustee.

138-8 Sec. 481. Upon such terms and conditions as are just and proper,

138-9 the court may order termination and distribution of a trust before the

138-10 time provided in the trust instrument, if administration or continued

138-11 administration of the trust is no longer feasible or economical. A petition

138-12 for such an order may be filed by an interested person under NRS

138-13 164.010 and section 512 of this act.

138-14 Sec. 482. 1. Except as otherwise provided in subsection 2 or in the

138-15 trust, a trustee may distribute property and money:

138-16 (a) In divided or undivided interests; and

138-17 (b) With or without proration.

138-18 2. Each affected beneficiary must consent before property or money

138-19 is distributed without proration, unless the trust specifically authorizes

138-20 the trustee to make that distribution.

138-21 Sec. 483. 1. A trust may refer to a written statement or list to

138-22 dispose of items of tangible personal property not otherwise specifically

138-23 disposed of by the trust, other than money, evidences of indebtedness,

138-24 documents of title, securities and property used in a trade or business.

138-25 2. To be admissible as evidence of the intended disposition, the

138-26 statement or list must contain:

138-27 (a) The date of its execution.

138-28 (b) A title indicating its purpose.

138-29 (c) A reference to the trust to which it relates.

138-30 (d) A reasonably certain description of the items to be disposed of and

138-31 the beneficiaries.

138-32 (e) The signature of the settlor.

138-33 3. The statement or list may be:

138-34 (a) Referred to as a writing to be in existence at the death of the

138-35 settlor.

138-36 (b) Prepared before or after the execution of the trust instrument.

138-37 (c) Altered by the settlor after its preparation.

138-38 (d) A writing which has no significance apart from its affect upon the

138-39 dispositions made by the trust.

138-40 Sec. 484. NRS 163.003 is hereby amended to read as follows:

138-41 163.003 A trust is created only if:

138-42 1. The settlor properly manifests an intention to create a trust; and

139-1 2. There is trust property [.] , except as otherwise provided in NRS

139-2 163.230.

139-3 Sec. 485. NRS 163.010 is hereby amended to read as follows:

139-4 163.010 NRS 163.010 to [163.210,] 163.200, inclusive, may be cited

139-5 as the Uniform Trusts Act.

139-6 Sec. 486. NRS 163.020 is hereby amended to read as follows:

139-7 163.020 As used in NRS 163.010 to [163.210,] 163.200, inclusive,

139-8 unless the context or subject matter otherwise requires:

139-9 1. "Affiliate" means any person directly or indirectly controlling or

139-10 controlled by another person, or any person under direct or indirect

139-11 common control with another person. It includes any person with whom a

139-12 trustee has an express or implied agreement regarding the purchase of trust

139-13 investments by each from the other, directly or indirectly, except a broker

139-14 or stock exchange.

139-15 2. "Relative" means a spouse, ancestor, descendant, brother or sister.

139-16 3. "Trust" means an express trust only.

139-17 4. "Trustee" means the person holding property in trust and includes

139-18 trustees, a corporate as well as a natural person and a successor or

139-19 substitute trustee.

139-20 Sec. 487. NRS 163.050 is hereby amended to read as follows:

139-21 163.050 No trustee [shall] may directly or indirectly buy or sell any

139-22 property for the trust from or to itself or an affiliate , [;] or from or to a

139-23 director, officer [,] or employee of [such] the trustee or of an affiliate , [;]

139-24 or from or to a relative, employer, partner [,] or other business associate of

139-25 a trustee, except with the prior approval of the [district] court having

139-26 jurisdiction of the trust estate . [and of the accounting thereof.]

139-27 Sec. 488. NRS 163.060 is hereby amended to read as follows:

139-28 163.060 1. Except as otherwise provided in subsection 2 [,] or

139-29 authorized by the trust instrument, a trustee shall not as trustee of one trust

139-30 sell property to itself as trustee of another trust except with the approval of

139-31 the [district] court having jurisdiction of the trust estate . [and of the

139-32 accounting thereof.]

139-33 2. A bank or other corporate trustee which is subject to regulation by

139-34 state or federal authorities may sell a security which is listed on a regulated

139-35 stock exchange or sold over the counter by the National Association of

139-36 Securities Dealers and is held by it as fiduciary in one account to itself as

139-37 fiduciary in another account if the transaction is fair to the beneficiaries of

139-38 both accounts and is not otherwise expressly prohibited by a particular

139-39 statute.

139-40 Sec. 489. NRS 163.070 is hereby amended to read as follows:

139-41 163.070 [No] Except as otherwise authorized by the trust instrument

139-42 or order of the court, a corporate trustee shall not purchase for a trust

140-1 shares of its own stock, or its bonds or other securities, or the stock, bonds

140-2 or other securities of an affiliate.

140-3 Sec. 490. NRS 163.100 is hereby amended to read as follows:

140-4 163.100 Unless it is otherwise provided by the trust instrument [, or an

140-5 amendment thereof,] or by court order, all powers of a trustee [shall be] are

140-6 attached to the office and [shall not be] are not personal.

140-7 Sec. 491. NRS 163.110 is hereby amended to read as follows:

140-8 163.110 1. Unless it is otherwise provided by the trust instrument [,

140-9 or an amendment thereof,] or by court order, any power vested in three or

140-10 more trustees may be exercised by a majority of [such trustees; but no] the

140-11 trustees. A trustee who has not joined in exercising a power [shall be] is

140-12 not liable to the beneficiaries or to others for the consequences of [such

140-13 exercise, nor shall] the exercise of power and a dissenting trustee [be] is

140-14 not liable for the consequences of an act in which [he joins] that trustee

140-15 joined at the direction of the majority trustees, if he expressed his dissent in

140-16 writing to any of his cotrustees at or before the time of [such] the joinder.

140-17 2. [Nothing in this section shall] This section does not excuse a

140-18 cotrustee from liability for inactivity in the administration of the trust nor

140-19 for failure to attempt to prevent a breach of trust.

140-20 3. Except as otherwise authorized in the trust instrument or by order

140-21 of the court, a power vested in two trustees may only be exercised by

140-22 unanimous action.

140-23 4. If the trustees cannot exercise a power vested in them in a manner

140-24 permitted by this section, an interested person may petition the court for

140-25 appropriate instructions pursuant to NRS 164.010 and section 512 of this

140-26 act.

140-27 Sec. 492. NRS 163.120 is hereby amended to read as follows:

140-28 163.120 1. [Whenever a trustee shall make a contract which is within

140-29 his powers as trustee, or a predecessor trustee shall have made such a

140-30 contract, and a cause of action shall arise thereon, the party in whose favor

140-31 the cause of action has accrued may sue the trustee in his representative

140-32 capacity, and any judgment rendered in such action in favor of the plaintiff

140-33 shall be collectible out of the trust property. In such an action the plaintiff

140-34 need not prove that the trustee could have secured reimbursement from the

140-35 trust fund if he had paid the plaintiff’s claim.

140-36 2. No judgment shall be rendered] A claim based on a contract

140-37 entered into by a trustee in the capacity of representative, or on an

140-38 obligation arising from ownership or control of trust property, may be

140-39 asserted against the trust by proceeding against the trustee in the capacity

140-40 of representative, whether or not the trustee is personally liable on the

140-41 claim.

140-42 2. A judgment may not be entered in favor of the plaintiff in [such]

140-43 the action unless [he] the plaintiff proves that within 30 days after [the

141-1 beginning of such] filing the action, or within 30 days after the filing of a

141-2 report of an early case conference if one is required, whichever is longer,

141-3 or within such other time as the court may fix, and more than 30 days [prior

141-4 to] before obtaining the judgment, [he] the plaintiff notified each of the

141-5 beneficiaries known to the trustee who then had a present interest, or in the

141-6 case of a charitable trust , the attorney general and any corporation which is

141-7 a beneficiary or agency in the performance of [such] the charitable trust, of

141-8 the existence and nature of the action. [Such notice shall] The notice must

141-9 be given by mailing copies [thereof in postpaid envelopes addressed to the

141-10 parties to be notified] to the beneficiaries at their last known addresses.

141-11 The trustee shall furnish the plaintiff a list of the [parties] beneficiaries to

141-12 be notified, and their addresses, within 10 days after written demand

141-13 therefor, and notification of the persons on [such list shall constitute] the

141-14 list constitutes compliance with the duty placed on the plaintiff by this

141-15 section. Any beneficiary, or in the case of charitable trusts the attorney

141-16 general and any corporation which is a beneficiary or agency in the

141-17 performance of [such] the charitable trust, may intervene in [such] the

141-18 action and contest the right of the plaintiff to recover.

141-19 3. [The plaintiff may also hold the trustee who made the contract

141-20 personally liable on such contract, if the contract does not exclude such

141-21 personal liability.] Except as otherwise provided in this chapter or in the

141-22 contract, a trustee is not personally liable on a contract properly entered

141-23 into in the capacity of representative in the course of administration of

141-24 the trust unless the trustee fails to reveal the representative capacity or

141-25 identify the trust in the contract. The addition of the word "trustee" or the

141-26 words "as trustee" after the signature of a trustee to a contract [shall be

141-27 deemed] are prima facie evidence of an intent to exclude the trustee from

141-28 personal liability.

141-29 Sec. 493. NRS 163.140 is hereby amended to read as follows:

141-30 163.140 1. [Where] If a trustee or his predecessor has [incurred

141-31 personal liability for a tort] committed a tort in the course of his

141-32 administration [,] of the trust, the trustee in [his representative] the

141-33 capacity of representative may be sued and collection had from the trust

141-34 property, if the court [shall determine in such] determines in the action

141-35 that:

141-36 (a) The tort was a common incident of the kind of business activity in

141-37 which the trustee or his predecessor was properly engaged for the trust; [or]

141-38 (b) That, although the tort was not a common incident of such activity,

141-39 neither the trustee nor his predecessor, nor any officer or employee of the

141-40 trustee or his predecessor, was guilty of personal fault in incurring the

141-41 liability; or

141-42 (c) That, although the tort did not fall within [paragraphs (a) and (b)

141-43 above,] paragraph (a) or (b), it increased the value of the trust property.

142-1 If the tort is within [paragraphs (a) or (b) above,] paragraph (a) or (b),

142-2 collection may be had of the full amount of damage proved , [;] and if the

142-3 tort is within paragraph (c) above, collection may be had only to the extent

142-4 of the increase in the value of the trust property.

142-5 2. In an action against the trustee in [his representative] the capacity of

142-6 representative under this section , the plaintiff need not prove that the

142-7 trustee could have secured reimbursement from the trust fund if [he] trustee

142-8 had paid the plaintiff’s claim.

142-9 3. [No judgment shall be rendered] A judgment may not be entered in

142-10 favor of the plaintiff in [such] the action unless he proves that , within 30

142-11 days after [the beginning of] filing the action, or within 30 days after the

142-12 filing of a report of an early case conference if one is required,

142-13 whichever is longer, or within such other period as the court may fix, and

142-14 more than 30 days [prior to] before obtaining the judgment, he notified

142-15 each of the beneficiaries known to the trustee who then had a present

142-16 interest of the existence and nature of the action. [Such notice shall] The

142-17 notice must be given by mailing copies [thereof in postpaid envelopes

142-18 addressed to such] to the beneficiaries at their last known addresses. The

142-19 [trustees] trustee shall furnish the plaintiff a list of [such] the beneficiaries

142-20 and their addresses, within 10 days after written demand therefor, and

142-21 notification of the persons on [such list shall constitute] the list constitutes

142-22 compliance with the duty placed on the plaintiff by this section. Any

142-23 beneficiary may intervene in [such] the action and contest the right of the

142-24 plaintiff to recover.

142-25 4. [The] Subject to the rights of exoneration or reimbursement

142-26 provided in NRS 163.130, the trustee may also be held personally liable for

142-27 any tort committed by him, or by his agents or employees in the course of

142-28 their employments [, subject to the rights of exoneration or reimbursement

142-29 provided in NRS 163.130.

142-30 5. Nothing in this section shall be construed to] only if the trustee,

142-31 agent or employee is personally at fault.

142-32 5. This section does not change the existing law with regard to the

142-33 liability of trustees of charitable trusts for torts of themselves or their

142-34 employees.

142-35 Sec. 494. NRS 163.160 is hereby amended to read as follows:

142-36 163.160 1. The settlor of [any] a trust affected by NRS 163.010 to

142-37 [163.210,] 163.200, inclusive, may, by provision in the instrument creating

142-38 the trust if the trust was created by a writing, or by oral statement to the

142-39 trustee at the time of the creation of the trust if the trust was created orally,

142-40 or by an amendment of the trust if the settlor reserved the power to amend

142-41 the trust, relieve his trustee from any or all of the duties, restrictions, and

142-42 liabilities which would otherwise be imposed upon him by NRS 163.010 to

142-43 [163.210, inclusive;] 163.200, inclusive, or alter or deny to his trustee any

143-1 or all of the privileges and powers conferred upon the trustee by NRS

143-2 163.010 to [163.210, inclusive;] 163.200, inclusive, or add duties,

143-3 restrictions, liabilities, privileges, or powers, to those imposed or granted

143-4 by NRS 163.010 to [163.210, inclusive;] 163.200, inclusive, but no act of

143-5 the settlor [shall relieve] relieves a trustee from the duties, restrictions, and

143-6 liabilities imposed upon him by NRS 163.030, 163.040 and 163.050.

143-7 2. Except as otherwise provided in subsections 1 and 3, a trustee may

143-8 be relieved of liability for breach of trust by provisions of the trust

143-9 instrument.

143-10 3. A provision of the trust instrument is not effective to relieve a

143-11 trustee of liability:

143-12 (a) For breach of trust committed intentionally, with gross negligence,

143-13 in bad faith, or with reckless indifference to the interest of a beneficiary;

143-14 or

143-15 (b) For any profit that he derives from a breach of trust.

143-16 Sec. 495. NRS 163.170 is hereby amended to read as follows:

143-17 163.170 [Any] A beneficiary of a trust affected by NRS 163.010 to

143-18 [163.210,] 163.200, inclusive, may, if of full legal capacity and acting upon

143-19 full information, by written instrument delivered to the trustee, relieve the

143-20 trustee as to [such] that beneficiary from any or all of the duties,

143-21 restrictions, and liabilities which would otherwise be imposed on the trustee

143-22 by NRS 163.010 to [163.210,] 163.200, inclusive, except as to the duties,

143-23 restrictions, and liabilities imposed by NRS 163.030, 163.040 and 163.050.

143-24 [Any such] The beneficiary may release the trustee from liability to [such

143-25 beneficiary] him for past violations of any of the provisions of NRS

143-26 163.010 to [163.210,] 163.200, inclusive.

143-27 Sec. 496. NRS 163.180 is hereby amended to read as follows:

143-28 163.180 A court [of competent jurisdiction] may, for cause shown and

143-29 upon notice to the beneficiaries, relieve a trustee from any or all of the

143-30 duties and restrictions which would otherwise be placed upon [him] the

143-31 trustee by NRS 163.010 to [163.210,] 163.200, inclusive, or wholly or

143-32 partly excuse a trustee who has acted honestly and reasonably from liability

143-33 for violation of the provisions of NRS 163.010 to [163.210,] 163.200,

143-34 inclusive.

143-35 Sec. 497. NRS 163.190 is hereby amended to read as follows:

143-36 163.190 If a trustee violates any of the provisions of NRS 163.010 to

143-37 [163.210,] 163.200, inclusive, he may be removed and denied

143-38 compensation in whole or in part , [;] and any beneficiary, cotrustee [,] or

143-39 successor trustee may treat the violation as a breach of trust.

143-40 Sec. 498. NRS 163.200 is hereby amended to read as follows:

143-41 163.200 NRS 163.010 to [163.210, inclusive, shall] 163.200,

143-42 inclusive, must be so interpreted and construed as to effectuate their

143-43 general purpose to make uniform the law of those states which enact them.

144-1 Sec. 499. NRS 163.230 is hereby amended to read as follows:

144-2 163.230 1. A devise , [or bequest,] the validity of which is

144-3 determinable by the law of this state, may be made by a will to a trustee or

144-4 trustees of a trust established or created by the testator , or by the testator

144-5 and some other person or persons , or by some other person or persons , [(]

144-6 including a funded or unfunded life insurance trust, although the [trustor]

144-7 settlor has reserved any or all rights of ownership of the insurance contracts

144-8 , [),] if the trust is identified in the testator’s will and the terms are set forth

144-9 in a written instrument [(] other than a will , [)] executed before or

144-10 concurrently with the execution of the testator’s will, or in the valid last

144-11 will of a person who has predeceased the testator , [(] regardless of the

144-12 existence, size or character of the corpus of the trust . [).]

144-13 2. The devise [or bequest] is not invalid because the trust is amendable

144-14 or revocable, or both, or because the trust was amended after the execution

144-15 of the will or after the death of the testator.

144-16 3. Unless the testator’s will provides otherwise, the property so devised

144-17 : [or bequeathed:]

144-18 (a) Shall not be deemed to be held under a testamentary trust of the

144-19 testator but is a part of the trust to which it is given; and

144-20 (b) Must be administered and disposed of in accordance with the

144-21 provisions of the instrument or will setting forth the terms of the trust,

144-22 including any amendments thereto made before the death of the testator , [(]

144-23 regardless of whether made before or after the execution of testator’s will ,

144-24 [)] or any modifications or amendments whenever made, which are made

144-25 pursuant to the Charitable Trust Act of 1971, and, if the testator’s will so

144-26 provides, including any amendments to the trust made after the death of the

144-27 testator.

144-28 4. A revocation or termination of the trust before the death of the

144-29 testator causes the devise [or bequest] to lapse.

144-30 Sec. 500. NRS 163.275 is hereby amended to read as follows:

144-31 163.275 1. A fiduciary may invest and reinvest, as [the fiduciary] he

144-32 deems advisable:

144-33 [1.] (a) In stocks , [(] common or preferred , [),] bonds, debentures,

144-34 notes, mortgages or other securities in or outside the United States;

144-35 [2.] (b) In insurance contracts on the life of any beneficiary or of any

144-36 person in whom a beneficiary has an insurable interest, or in annuity

144-37 contracts for any beneficiary;

144-38 [3.] (c) In any real or personal property;

144-39 [4.] (d) In investment trusts;

144-40 [5.] (e) In participations in common trust funds; [and

144-41 6.] (f) In securities of any corporation, trust, association or fund:

144-42 [(a)] (1) Which is engaged, or proposes to engage, in the business of

144-43 investing, reinvesting, owning, holding or trading in securities;

145-1 [(b)] (2) Whose assets are invested principally in cash or in securities

145-2 of other issuers; and

145-3 [(c)] (3) Which is registered as an investment company with the

145-4 Securities and Exchange Commission [.

145-5 7.] and

145-6 (g) Generally in such property as the fiduciary deems advisable, even

145-7 though [such] the investment is not of the character approved by applicable

145-8 law but for this section.

145-9 2. A fiduciary may delegate the authority to invest, but he is not

145-10 thereby relieved of any liability that exists in the absence of delegation.

145-11 Sec. 501. NRS 163.290 is hereby amended to read as follows:

145-12 163.290 A fiduciary may form a corporation , limited liability

145-13 company or other entity , and transfer, assign and convey to [such] the

145-14 corporation , limited liability company or entity all or any part of the estate

145-15 or of any trust property in exchange for the stock, securities or obligations

145-16 of [any such corporation] the corporation, limited liability company or

145-17 entity, and continue to hold [such] the stock and securities and obligations.

145-18 Sec. 502. NRS 163.295 is hereby amended to read as follows:

145-19 163.295 A fiduciary may continue any farming operation received by

145-20 the fiduciary pursuant to the will , trust or other instrument and do any and

145-21 all things deemed advisable by the fiduciary in the management and

145-22 maintenance of such farm and the production and marketing of crops and

145-23 dairy, poultry, livestock, orchard and the forest products, including , but not

145-24 limited to , the following powers:

145-25 1. To operate the farm with hired labor, tenants or sharecroppers;

145-26 2. To lease or rent the farm for cash or for a share of the crops;

145-27 3. To purchase or otherwise acquire farm machinery and equipment

145-28 and livestock;

145-29 4. To construct, repair and improve farm buildings of all kinds needed,

145-30 in the fiduciary’s judgment, for the operation of the farm;

145-31 5. To make or obtain loans or advances at the prevailing rate or rates of

145-32 interest for farm purposes such as for production, harvesting or marketing,

145-33 or for the construction, repair or improvement of farm buildings, or for the

145-34 purchase of farm machinery, equipment or livestock;

145-35 6. To employ approved soil conservation practices in order to

145-36 conserve, improve and maintain the fertility and productivity of the soil;

145-37 7. To protect, manage and improve the timber and forest on the farm

145-38 and sell the timber and forest products when it is to the best interest of the

145-39 estate;

145-40 8. To ditch, dam and drain damp or wet fields and areas of the farm

145-41 when and where needed;

146-1 9. To engage in the production of livestock, poultry or dairy products,

146-2 and to construct such fences and buildings and plant such pastures and

146-3 crops as may be necessary to carry on such operations;

146-4 10. To market the products of the farm; and

146-5 11. In general, to employ good husbandry in the farming operation.

146-6 Sec. 503. NRS 163.315 is hereby amended to read as follows:

146-7 163.315 In dealing with one or more fiduciaries, a fiduciary may:

146-8 1. Sell property, real or personal, to, or exchange property with, the

146-9 trustee of any trust which the decedent or the settlor or [his] the settlor’s

146-10 spouse or any child of [his] the settlor has created, for such estates and

146-11 upon such terms and conditions as to sale price, terms of payment and

146-12 security as to the fiduciary seem advisable. The fiduciary has no duty to

146-13 follow the proceeds of any such sale.

146-14 2. Borrow money for such periods of time and upon such terms and

146-15 conditions as to rates, maturities, renewals and securities as the fiduciary

146-16 deems available from any trust created by the decedent, [his spouse or any

146-17 child of his,] or the spouse or child of the decedent, for the purpose of:

146-18 (a) Paying debts of the decedent, taxes, the costs of the administration of

146-19 the estate [,] and like charges against the estate, or any part thereof; or

146-20 (b) Discharging the liability of any fiduciary thereof. A fiduciary may

146-21 mortgage, pledge or otherwise encumber such portion of the estate or any

146-22 trust as may be required to [secure such] obtain the loan or loans and to

146-23 renew [such] the loans.

146-24 Sec. 504. NRS 163.320 is hereby amended to read as follows:

146-25 163.320 A fiduciary may:

146-26 1. Borrow money for such periods of time and upon such terms and

146-27 conditions as to rates, maturities, renewals and security as the fiduciary

146-28 deems advisable, including the power of a corporate fiduciary to borrow

146-29 from its own banking department, for the purpose of paying debts, taxes or

146-30 other charges against the estate or any trust, or any part thereof;

146-31 2. [Mortgage,] Provide a guarantee by the trust or mortgage, pledge

146-32 or otherwise encumber such portion of the estate or any trust as may be

146-33 required to [secure such] obtain the loan or loans; and

146-34 3. Renew existing loans either as maker or endorser.

146-35 Sec. 505. NRS 163.400 is hereby amended to read as follows:

146-36 163.400 A fiduciary may:

146-37 1. Make payments in money, or in property in lieu of money, to or for a

146-38 minor or [incompetent] incapacitated person in any one or more of the

146-39 following ways:

146-40 (a) Directly to [such] the minor or [incompetent.] incapacitated person.

146-41 (b) To apply directly in payment for the support, maintenance, education

146-42 and medical, surgical, hospital or other institutional care of [such] the

146-43 minor or [incompetent.] incapacitated person.

147-1 (c) To the legal or natural guardian of [such] the minor or

147-2 [incompetent.] incapacitated person.

147-3 (d) To any other person, whether or not appointed guardian of the

147-4 person by any court, who has, in fact, the care and custody of the person of

147-5 [such] the minor or [incompetent.] incapacitated person.

147-6 2. The fiduciary has no duty to see to the application of the payments

147-7 so made, if the fiduciary exercised due care in the selection of the person,

147-8 including the minor or [incompetent,] incapacitated person, to whom

147-9 [such] the payments were made, and the receipt of [such person shall be]

147-10 that person is full acquittance to the fiduciary.

147-11 Sec. 506. NRS 163.440 is hereby amended to read as follows:

147-12 163.440 As used in NRS 163.420 to 163.550, inclusive, unless

147-13 otherwise indicated, section references are to the [Federal] Internal

147-14 Revenue Code of [1954,] 1986, as in effect on January 1, [1971,] 1999, and

147-15 include future amendments to such sections and corresponding provisions

147-16 of future [Internal Revenue Laws.] federal internal revenue laws.

147-17 Sec. 507. NRS 163.520 is hereby amended to read as follows:

147-18 163.520 1. In the administration of any private foundation trust, split

147-19 interest trust or charitable trust which is subject to the provisions of the

147-20 Internal Revenue Code of [1954,] 1986, as in effect on January 1, [1971,]

147-21 1999, the following acts are prohibited:

147-22 (a) Engaging in any act or "self-dealing , " [(] as defined in Section

147-23 4941(d) [)] , which would give rise to any liability for the tax imposed by

147-24 Section 4941(a);

147-25 (b) Retaining any "excess business holdings , " [(] as defined in Section

147-26 4943(c) [)] , which would give rise to any liability for the tax imposed by

147-27 Section 4943(a);

147-28 (c) Making any investments which would jeopardize the carrying out of

147-29 any of the exempt purposes of the trust within the meaning of Section 4944,

147-30 so as to give rise to any liability for the tax imposed by Section 4944(a);

147-31 and

147-32 (d) Making any "taxable expenditures , " [(] as defined in Section

147-33 4945(d) [)] , which would give rise to any liability for the tax imposed by

147-34 Section 4945(a).

147-35 2. This section does not apply to those split interest trusts or amounts

147-36 of such split interest trusts which are not subject to the prohibitions

147-37 applicable to private foundations by reason of the provisions of Section

147-38 4947.

147-39 Sec. 508. NRS 163.540 is hereby amended to read as follows:

147-40 163.540 1. [Any district court of the State of Nevada] A court of this

147-41 state having jurisdiction over any trust to which NRS 163.420 to 163.550,

147-42 inclusive, apply may amend any trust instrument to conform to the

147-43 provisions of NRS 163.420 to 163.550, inclusive.

148-1 2. Any such amendment [shall] must be effected by the [trustee’s]

148-2 trustee filing a [verified petition with the district court and paying the same

148-3 fee therefor as is required by the clerk of that district for the filing of a civil

148-4 complaint. The] petition with the court. The clerk of the court shall set a

148-5 date for the hearing of the petition, and the trustee shall cause notice of the

148-6 hearing of the petition [shall] to be:

148-7 (a) Personally served on the [trustor or trustors of such] settlor or

148-8 settlors of the trust, if living, and on all named beneficiaries of [such] the

148-9 trust, if any, [at least 10 days before the time of the hearing, by handing a

148-10 copy of the notice to the trustor or trustors, to the beneficiaries’ guardian or

148-11 attorneys of record, or mailed by registered or certified mail, with return

148-12 receipt requested, to the trustor or trustors, and the beneficiaries or their

148-13 guardians or attorneys of record, at the last known address of the addressee;

148-14 and

148-15 (b) Posted at the courthouse at least 10 days prior to the time for

148-16 hearing, or published for at least once a week for 3 successive weeks in

148-17 such newspaper as the court or judge orders. There shall be] for the period

148-18 and in the manner provided in NRS 155.010;

148-19 (b) Published on three dates of publication before the hearing, and if

148-20 the newspaper is published more than once each week, there must be at

148-21 least 10 days [between the date of last publication and the time of hearing;]

148-22 from the first to last date of publication, including both the first and the

148-23 last days; and

148-24 (c) Delivered, together with a copy of the petition, to the attorney

148-25 general of the State of Nevada at the time of the filing of the petition.

148-26 3. At the hearing of [such verified] the petition, the court [or judge]

148-27 may authorize the trustee to amend, revise, delete or add provisions to the

148-28 trust [articles] instrument to conform to NRS 163.420 to 163.550,

148-29 inclusive, [in order] to avoid the penalties and liabilities described in

148-30 Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the [trustor

148-31 or trustors of such] settlor or settlors of the trust are living and competent

148-32 to act, [his or their] written consent of the settlor or settlors must first be

148-33 obtained.

148-34 Sec. 509. NRS 163.570 is hereby amended to read as follows:

148-35 163.570 A trustee may:

148-36 1. Join with a decedent’s surviving spouse [, the executor of the

148-37 decedent’s will, or the administrator] or the personal representative of the

148-38 decedent’s estate in the execution and filing of a joint income tax return for

148-39 any period before the decedent’s death for which the decedent had not filed

148-40 an income tax or gift tax return on gifts made by the spouse;

148-41 2. Consent to treat such gifts as having been made one-half by the

148-42 decedent for any period before his death; and

148-43 3. Pay such taxes thereon as are chargeable to the decedent.

149-1 Sec. 510. Chapter 164 of NRS is hereby amended by adding thereto

149-2 the provisions set forth as sections 511, 512 and 513 of this act.

149-3 Sec. 511. Except as otherwise provided in section 513 of this act, the

149-4 clerk shall set a petition authorized by this chapter for hearing, and the

149-5 petitioner shall give notice to all interested persons for the period and in

149-6 the manner provided in NRS 155.010. The notice must state the filing of

149-7 the petition, the object and the time of the hearing. For the purposes of

149-8 this section, "interested person" means a settlor, trustee, beneficiary or

149-9 any other person to whom the court directs that notice be given.

149-10 Sec. 512. 1. The court has exclusive jurisdiction of proceedings

149-11 initiated by the petition of an interested person concerning the internal

149-12 affairs of a nontestamentary trust. Proceedings which may be maintained

149-13 under this section are those concerning the administration and

149-14 distribution of trusts, the declaration of rights and the determination of

149-15 other matters involving trustees and beneficiaries of trusts, including

149-16 petitions with respect to a nontestamentary trust for any appropriate

149-17 relief provided with respect to a testamentary trust in section 428 of this

149-18 act.

149-19 2. A petition under this section may be filed in conjunction with a

149-20 petition under NRS 164.010 or at any time after the court has assumed

149-21 jurisdiction under that section.

149-22 3. Upon the hearing, the court shall enter such order as it deems

149-23 appropriate. The order is final and conclusive as to all matters

149-24 determined and is binding in rem upon the trust estate and upon the

149-25 interests of all beneficiaries, vested or contingent, except that appeal to

149-26 the supreme court may be taken from the order within 30 days after

149-27 notice of its entry by filing notice of appeal with the clerk of the district

149-28 court. The appellant shall mail a copy of the notice to each person who

149-29 has appeared of record.

149-30 4. A proceeding under this section does not result in continuing

149-31 supervisory proceedings. The administration of the trust must proceed

149-32 expeditiously in a manner consistent with the terms of the trust, without

149-33 judicial intervention or the order, approval or other action of any court,

149-34 unless the jurisdiction of the court is invoked by an interested person or

149-35 exercised as provided by other law.

149-36 Sec. 513. 1. The trustee or an interested person may petition the

149-37 court to enter an order:

149-38 (a) If the trustee is in possession of, or holds title to, property and the

149-39 property or an interest in it is claimed by another.

149-40 (b) If the trustee has a claim to property and another holds title to or

149-41 is in possession of the property.

149-42 (c) If property of the trust is subject to a claim of a creditor of the

149-43 settlor of the trust.

150-1 2. The court shall not grant a petition under this section if it

150-2 determines that the matter should be determined by civil action.

150-3 3. The petition must state facts showing that it is authorized under

150-4 this section, the grounds of the petition, and the name and address of

150-5 each person entitled to notice of the petition.

150-6 4. Upon the filing of the petition, the clerk shall set it for hearing and

150-7 the petitioner shall give notice of the hearing, at least 30 days before the

150-8 time set, to:

150-9 (a) All interested persons, including the attorney general if the petition

150-10 relates to a charitable trust, in the manner provided in NRS 155.010.

150-11 (b) Each person claiming an interest in, or having title to or

150-12 possession of the property, and any other person whose right, title or

150-13 interest in or to the property would be affected by the granting of the

150-14 petition, in the manner provided in NRS 155.040.

150-15 (c) Any other person, and in the manner, directed by the court.

150-16 5. Except as otherwise provided in subsection 2, if the court is

150-17 satisfied that a conveyance, transfer, delivery or other disposition should

150-18 be made, the court shall enter an order directing the trustee or other

150-19 person having title to or possession of the property to convey, transfer or

150-20 deliver it to the person entitled thereto or granting other appropriate

150-21 relief.

150-22 6. Any person aggrieved by an order entered pursuant to this section

150-23 may appeal to the supreme court within 30 days after the notice of the

150-24 entry of the order by filing a notice of appeal with the clerk of the district

150-25 court. The appellant shall mail a copy of the notice to each person who

150-26 has appeared of record.

150-27 Sec. 514. NRS 164.010 is hereby amended to read as follows:

150-28 164.010 1. Upon petition of any person appointed as trustee of an

150-29 express trust by any written instrument other than a will, or upon petition of

150-30 [any] a settlor or beneficiary of the trust, the district court of the county

150-31 [wherein] in which the trustee resides or [has his place of] conducts

150-32 business , or in which the trust has been domiciled, shall consider the

150-33 application to confirm the appointment of the trustee and specify the

150-34 manner in which [he shall] the trustee must qualify. Thereafter the [district

150-35 court shall have] court has jurisdiction of the trust as a proceeding in rem.

150-36 2. [Upon petition of any person appointed as trustee of an express trust

150-37 by any will, or upon petition of any beneficiary of the trust, the district

150-38 court in which the will was probated shall consider the application to

150-39 confirm the appointment of the trustee and specify the manner in which he

150-40 shall qualify. Thereafter the district court shall have jurisdiction of the trust

150-41 as a proceeding in rem.] If the court grants the petition, it may consider at

150-42 the same time any petition for instructions filed with the petition for

150-43 confirmation.

151-1 3. At any time, the trustee may petition the court for removal of the

151-2 trust from continuing jurisdiction of the court.

151-3 Sec. 515. NRS 164.025 is hereby amended to read as follows:

151-4 164.025 1. The trustee of a nontestamentary trust may after the death

151-5 of the settlor of the trust cause to be published a notice in the manner

151-6 specified in paragraph (b) of subsection 1 of NRS 155.020 [.

151-7 2. If notice is so published, it] and mail a copy of the notice to known

151-8 or readily ascertainable creditors.

151-9 2. The notice must be in substantially the following form:

151-10 Notice to Creditors

151-11 Notice is hereby given that the undersigned is the duly appointed and

151-12 qualified trustee of the ................ trust. ................, the settlor of that trust

151-13 died on ................. A creditor having a claim against the trust estate must

151-14 file his claim with the undersigned at the address given below within 90

151-15 days after the first publication of this notice.

151-16 Dated

151-17

151-18 Trustee

151-19

151-20 Address

151-21 3. A person having a claim, due or to become due, against a settlor

151-22 or the trust must file the claim with the trustee within 90 days after the

151-23 mailing, for those required to be mailed, or 90 days after publication of

151-24 the first notice to creditors. Any claim against the trust estate not filed

151-25 within [90 days after the first publication of notice] that time is forever

151-26 barred. After [90 days from the first publication of the notice,] the

151-27 expiration of the time, the trustee may distribute the assets of the trust to its

151-28 beneficiaries without personal liability to any creditor who has failed to file

151-29 a claim with the trustee.

151-30 4. If the trustee knows or has reason to believe that the settlor received

151-31 public assistance during his lifetime, the trustee shall, whether or not he

151-32 gives notice to other creditors, give notice within 30 days after the death to

151-33 the welfare division of the department of human resources [by certified

151-34 mail, return receipt requested, postage prepaid.] in the manner provided in

151-35 NRS 155.010. If notice to the welfare division is required by this

151-36 subsection but is not given, the trust estate and any assets transferred to a

151-37 beneficiary remain subject to the right of the welfare division to recover

151-38 public assistance received.

152-1 Sec. 516. NRS 164.040 is hereby amended to read as follows:

152-2 164.040 [Nothing in NRS 164.010 and 164.030 shall be deemed to

152-3 limit or abridge]

152-4 1. NRS 164.010 and section 513 of this act do not limit or abridge the

152-5 power or jurisdiction of the district court over trusts and trustees.

152-6 2. The court may enter any order or take any other action necessary

152-7 or proper to dispose of the matters presented by a petition, including the

152-8 appointment of a temporary trustee to administer the trust in whole or in

152-9 part.

152-10 Sec. 517. NRS 164.050 is hereby amended to read as follows:

152-11 164.050 1. In acquiring, investing, reinvesting, exchanging, retaining,

152-12 selling and managing property for the benefit of another, a fiduciary shall

152-13 exercise the judgment and care under the circumstances then prevailing,

152-14 which persons of prudence, discretion and intelligence exercise in the

152-15 management of their own affairs, not in regard to speculation, but in regard

152-16 to the permanent disposition of their money, considering the probable

152-17 income as well as the probable safety of their capital. Within the limitations

152-18 of the foregoing standard, and subject to any express provision or limitation

152-19 contained in any particular trust instrument , agreement, court order or

152-20 will, a fiduciary may acquire and retain every kind of property, real,

152-21 personal or mixed, and every kind of investment, including, without

152-22 limitation, bonds, debentures [,] and other corporate obligations, and

152-23 stocks, preferred or common, which persons of prudence, discretion and

152-24 intelligence acquire or retain for their own account.

152-25 2. The propriety of an investment decision is to be determined by what

152-26 the fiduciary knew or should have known at the time of the decision about

152-27 the inherent nature and expected performance of the investment, the

152-28 attributes of the portfolio, the general economy and the needs and

152-29 objectives of the beneficiaries of the account as they existed at the time of

152-30 the decision. Any determination of the liability of the fiduciary for the

152-31 performance of his investments must be made giving consideration not only

152-32 to the performance of a particular investment, but also to the performance

152-33 of the portfolio as a whole.

152-34 3. [Nothing contained in this section authorizes] This section does not

152-35 authorize any departure from, or variation of, the express terms or

152-36 limitations set forth in any will, agreement, court order or [other] trust

152-37 instrument creating or defining the duties and powers. The term "legal

152-38 investment" or "authorized investment," or words of similar import, as used

152-39 in any such instrument, must be construed to mean any investment which is

152-40 permitted by the terms of subsection 1.

152-41 4. The provisions of this section govern fiduciaries acting pursuant to

152-42 wills, agreements, court orders and [other] trust instruments.

153-1 Sec. 518. NRS 164.070 is hereby amended to read as follows:

153-2 164.070 NRS 164.070 to [164.120,] 164.100, inclusive, may be cited

153-3 as the Uniform Common Trust Fund Act.

153-4 Sec. 519. NRS 164.080 is hereby amended to read as follows:

153-5 164.080 1. Any bank or trust company qualified to act as fiduciary in

153-6 this state, or in any other state if affiliated with a bank or trust company

153-7 qualified to act as fiduciary in this state, may:

153-8 (a) Establish common trust funds to furnish investments to itself and its

153-9 affiliated bank or trust company as fiduciary or to itself, its affiliated bank

153-10 or trust company and others, as cofiduciaries; and

153-11 (b) As fiduciary or cofiduciary, invest money which it lawfully holds for

153-12 investment in interests in those common trust funds, if the investment is not

153-13 prohibited by the instrument, judgment, decree or order creating the

153-14 fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust

153-15 company procures the consent of its cofiduciaries to the investment.

153-16 2. Any bank or trust company, qualified to act as fiduciary in the state

153-17 in which it was chartered, which is not a member of the Federal Reserve

153-18 System shall, in the operation of the common trust fund, comply with the

153-19 regulations adopted by the supervisor of banking in the state in which it

153-20 was chartered and with the regulations adopted by the commissioner of

153-21 financial institutions in this state.

153-22 3. The commissioner of [the division of] financial institutions of the

153-23 department of business and industry may adopt regulations to carry out the

153-24 provisions of NRS 164.070 to [164.120,] 164.100, inclusive.

153-25 4. As used in this section, "affiliated" means two or more banks or trust

153-26 companies:

153-27 (a) In which at least 25 percent of their voting shares, excluding shares

153-28 owned by the United States or by any company wholly owned by the

153-29 United States, are directly or indirectly owned or controlled by a holding

153-30 company; or

153-31 (b) In which the election of a majority of the directors is controlled in

153-32 any manner by a holding company.

153-33 Sec. 520. NRS 164.090 is hereby amended to read as follows:

153-34 164.090 Unless ordered by a court of competent jurisdiction , the bank

153-35 or trust company operating [such] common trust funds is not required to

153-36 render a court accounting with regard to [such funds;] those funds, but it

153-37 may, by [application to the district] petition to the court, secure approval of

153-38 such an accounting on such conditions as the court may establish.

153-39 Sec. 521. NRS 164.100 is hereby amended to read as follows:

153-40 164.100 NRS 164.070 to [164.120,] 164.100, inclusive, [shall] must

153-41 be so interpreted and construed as to effectuate their general purpose to

153-42 make uniform the law of those states which enact them.

154-1 Sec. 522. NRS 164.130 is hereby amended to read as follows:

154-2 164.130 Upon [motion] petition by any person appointed by the court

154-3 or otherwise as trustee, with the concurrence of the beneficiary or

154-4 beneficiaries, a [district] court having jurisdiction of a trust may transfer

154-5 supervision of the trust to any judicial district within the state, or to any

154-6 court outside Nevada which accepts jurisdiction over the trust, when the

154-7 convenience of beneficiaries, trustees, attorneys or other interested persons

154-8 makes a transfer desirable.

154-9 Sec. 523. NRS 164.520 is hereby amended to read as follows:

154-10 164.520 "Donative instrument" means a will, trust, deed, grant,

154-11 conveyance, agreement, memorandum, writing or other governing

154-12 document, including the terms of any institutional solicitations from which

154-13 an institutional fund resulted, under which property is transferred to or held

154-14 by an institution as an institutional fund.

154-15 Sec. 524. NRS 165.020 is hereby amended to read as follows:

154-16 165.020 1. As used in this chapter:

154-17 (a) "Affiliate" means any person directly or indirectly controlling or

154-18 controlled by another person, or any person under direct or indirect

154-19 common control by another person. It includes any person with whom a

154-20 trustee has an express or implied agreement regarding the purchase of trust

154-21 investments by each from the other, directly or indirectly.

154-22 (b) "Beneficiary" includes a beneficiary under the trust, a person who is

154-23 entitled to the trust capital at the termination of the trust and a surety on the

154-24 bond of the trustee.

154-25 (c) "Nontestamentary trustee" means a trustee serving under a trust

154-26 created in this state otherwise than by a will, or such a trust administered

154-27 in this state, whether the trustee was appointed by the settlor or by a court

154-28 or other authority.

154-29 (d) "Relative" means a spouse, ancestor, descendant, brother [,] or

154-30 sister.

154-31 (e) "Settlor" includes the creator of a testamentary as well as a

154-32 nontestamentary trust.

154-33 (f) "Testamentary trustee" means a trustee serving under a trust created

154-34 by a will of a testator domiciled in this state at the time of [his] the

154-35 testator’s death, whose will has been admitted to probate in this state,

154-36 whether the trustee was appointed by the testator or by a court or other

154-37 authority.

154-38 (g) "Trustee" includes trustees, a corporate as well as a natural person, a

154-39 successor or substitute trustee, and the successor in interest of a deceased

154-40 sole trustee.

154-41 2. This chapter [shall] does not apply to resulting trusts, constructive

154-42 trusts, business trusts where certificates of beneficial interest are issued to

154-43 the beneficiaries, investment trusts, voting trusts, insurance trusts prior to

155-1 the death of the insured, trusts in the nature of mortgages or pledges, trusts

155-2 created by judgment or decree of a federal court or a state court other than

155-3 the district court acting in probate matters, liquidation trusts, or trust for the

155-4 sole purpose of paying dividends, interest or interest coupons, salaries,

155-5 wages or pensions.

155-6 Sec. 525. NRS 165.030 is hereby amended to read as follows:

155-7 165.030 Within 75 days after [it is the duty of the first qualifying] a

155-8 testamentary trustee [to take] receives possession of [the] trust property

155-9 [he] , the trustee shall file with the [district] court where the will was

155-10 admitted to probate an inventory under oath, showing by items all the trust

155-11 property which [shall have] has come to [his] the possession or knowledge

155-12 [.] of the trustee.

155-13 Sec. 526. NRS 165.040 is hereby amended to read as follows:

155-14 165.040 1. Except as otherwise provided in subsection 3, within [75

155-15 days after the expiration of the first year after the first qualifying

155-16 testamentary trustee was under] 60 days after the end of the calendar year

155-17 in which the testamentary trustee had a duty to file [his] an inventory, as

155-18 prescribed in NRS 165.030, [or, at his election, within 75 days after the

155-19 expiration of the testamentary trustee’s first fiscal year,] the testamentary

155-20 trustee [then in office] shall file with the [district] court of the county where

155-21 the will was admitted to probate an intermediate account under oath

155-22 covering the year and showing:

155-23 (a) The period which the account covers;

155-24 (b) The names and addresses of the living beneficiaries known to the

155-25 trustee, with a statement as to those known to be minors or [under legally

155-26 declared disability,] incapacitated persons, a description of any possible

155-27 unborn or unascertained beneficiaries, and the name of the surety or

155-28 sureties on the trustee’s bond with the amount of the bond;

155-29 (c) In a separate schedule, additions to trust principal during the

155-30 accounting period with the dates and sources of acquisition, investments

155-31 collected, sold or charged off during the accounting period, investments

155-32 made during the accounting period, with the date, source and cost of each,

155-33 deductions from principal during the accounting period, with the date and

155-34 purpose of each, and the trust principal, invested or uninvested, on hand at

155-35 the end of the accounting period, reflecting the approximate market value

155-36 thereof;

155-37 (d) In a separate schedule , the trust income on hand at the beginning of

155-38 the accounting period, and in what form held, trust income received during

155-39 the accounting period, when, and from what source, trust income paid out

155-40 during the accounting period, when, to whom, and for what purpose, trust

155-41 income on hand at the end of the accounting period, and how invested;

156-1 (e) That , without prior court authority, neither any seller to, nor buyer

156-2 from, the trustee of trust property during the accounting period was at the

156-3 time of the sale or purchase:

156-4 (1) In the case of a corporate trustee, an affiliate or any officer,

156-5 employee, or nominee of the trust or of an affiliate; or

156-6 (2) In the case of a noncorporate trustee, a relative, partner, employer,

156-7 employee or business associate,

156-8 but none of the provisions of this paragraph apply to purchases and sales

156-9 made by brokers for the trustee or to stock exchanges;

156-10 (f) A statement of unpaid claims with the reason for failure to pay them,

156-11 including a statement as to whether any estate or inheritance taxes have

156-12 become due with regard to the trust property, and if due, whether paid;

156-13 (g) A brief summary of the account; and

156-14 (h) Such other facts as the court may by rule or court order require.

156-15 2. Except as otherwise provided in subsection 3, within [30] 60 days

156-16 after the end of each [yearly period] calendar year thereafter during the life

156-17 of the trust, the testamentary trustee then in office shall file with the same

156-18 court an intermediate account under oath showing corresponding facts

156-19 regarding the current accounting period.

156-20 3. A corporate trustee is not required to file the intermediate accounts

156-21 specified in subsections 1 and 2. A corporate trustee [must] shall include

156-22 the information specified in subsection 1 in the final account for the entire

156-23 time for which the trustee administered the trust.

156-24 Sec. 527. NRS 165.050 is hereby amended to read as follows:

156-25 165.050 Within [30] 60 days after the termination of [every] a

156-26 testamentary trust , the trustee, and in the case of the transfer of the

156-27 trusteeship [due to] because of the death, resignation, removal, dissolution,

156-28 merger [,] or consolidation of a sole trustee, the successor in interest of the

156-29 old trustee, shall file with the [district] court of the county where the will

156-30 was admitted to probate a final account under oath, showing for the period

156-31 since the filing of the last account the facts required by NRS 165.040

156-32 regarding intermediate accountings, and in case of termination of the trust,

156-33 the distribution of the trust property which the accountant proposes to

156-34 make.

156-35 Sec. 528. NRS 165.060 is hereby amended to read as follows:

156-36 165.060 Within 30 days after the distribution of the trust property by

156-37 the testamentary trustee [he] , the trustee shall file in the court where the

156-38 final account was filed a [distribution] distributive account of the trust

156-39 property which [he] the trustee has distributed and the receipts of the

156-40 distributees. The court shall, as soon as practicable, act upon the account

156-41 and discharge the trustee if the distributive account is approved.

157-1 Sec. 529. NRS 165.070 is hereby amended to read as follows:

157-2 165.070 1. Every testamentary trustee who files an intermediate

157-3 account in court shall , within 10 days after [such] the filing , deliver to

157-4 each known beneficiary a notice of [such] the filing, and if there is to be no

157-5 court hearing on the account , a summary of the account with an offer to

157-6 deliver the full account on demand, or if there is to be a court hearing on

157-7 the account , a copy of the account. [Such] The delivery may be:

157-8 [1.] (a) By handing the notice [or copy] and summary or full account

157-9 to the beneficiary personally, or to [his guardian,] the beneficiary’s

157-10 guardian or attorney of record; or

157-11 [2.] (b) By sending [it] them by registered [or certified mail with return

157-12 receipt requested to such beneficiary, or his] , certified or first-class mail

157-13 to the beneficiary, guardian or attorney of record, at the last known address

157-14 of the addressee.

157-15 2. Any beneficiary or the trustees may petition the court for a hearing

157-16 on any intermediate account, and the holding of such a hearing [shall be] is

157-17 in the discretion of the court. In the case of the third intermediate

157-18 accounting, and every 3 years thereafter, the trustee shall [apply to] petition

157-19 the court for a hearing on and approval of all unapproved accounts, and

157-20 shall give each known beneficiary written notice of [such application at

157-21 least 5 days before the return day thereof,] the petition at least 10 days

157-22 before the day of the hearing, in the manner prescribed for the delivery of

157-23 the copy of the account. The [return day of the application for a] date of the

157-24 hearing on a petition to approve an intermediate accounting [shall] must be

157-25 at least [5] 10 days after the latest account was filed. The notice by the

157-26 trustee of the [application] petition for a hearing on and approval of the

157-27 account [shall] must inform the beneficiaries of the amount of

157-28 [commissions or other compensation] fees to be requested by the trustee on

157-29 [such] the hearing, and the amount of other fees which the court will then

157-30 be requested to allow.

157-31 Sec. 530. NRS 165.080 is hereby amended to read as follows:

157-32 165.080 At least 10 days before the [return day] hearing of a petition

157-33 to approve a final accounting, the testamentary trustee shall deliver to each

157-34 beneficiary a copy of the account and a notice of the time and place at

157-35 which the account will be presented for approval, which [date shall] may

157-36 not be earlier than 10 days after the account was filed. [Such] The delivery

157-37 may be accomplished in the same manner as with regard to the service of

157-38 papers on the intermediate accounting. The notice [shall] must inform the

157-39 beneficiaries of the amount of [commissions or other compensation] fees to

157-40 be requested by the trustee [on the application] in the petition for approval

157-41 of the account, and the amount of other fees which the court will then be

157-42 requested to allow.

158-1 Sec. 531. NRS 165.090 is hereby amended to read as follows:

158-2 165.090 1. Except as provided in subsection 2, when an intermediate

158-3 or final account is presented for consideration in court , the testamentary

158-4 trustee [shall produce in court vouchers for all expenditures of $20 or more,

158-5 made by the trustee during the accounting period. Where the account is

158-6 accompanied by a report of a certified or registered public accountant, or a

158-7 certified or registered public accountant upon hearing of any account

158-8 testifies that all expenditures of $20 or more made by the trustee during the

158-9 accounting period are supported by vouchers, then it shall not be necessary

158-10 to produce the vouchers in court. When vouchers are produced upon a

158-11 hearing the same shall be returned to the trustee after the account is

158-12 approved.

158-13 2. A corporate trustee] is not required to file vouchers with the court to

158-14 substantiate payments made [on behalf of any beneficiary,] in the

158-15 administration of the trust, but shall retain possession of the vouchers and

158-16 permit examination thereof by [any beneficiary or] the court [.] or any

158-17 person interested in the estate.

158-18 2. The court on its own motion, or upon application ex parte for

158-19 good cause by any interested person, may order production for

158-20 examination of vouchers, canceled checks or other documents that

158-21 support an account.

158-22 3. If any vouchers are lost, or for other good reason cannot be

158-23 produced on settlement of an account, the payment may be proved by the

158-24 oath of one competent witness. If it is proved that vouchers for a

158-25 disbursement have been lost or destroyed, that it is impossible to obtain

158-26 duplicates, and that the expenses were paid in good faith and were legal

158-27 charges against the testamentary trust, the trustee must be allowed those

158-28 expenses.

158-29 Sec. 532. NRS 165.100 is hereby amended to read as follows:

158-30 165.100 [Any] A beneficiary who is a minor [, of unsound mind,] or

158-31 otherwise legally [incompetent,] incapacitated, and also possible unborn or

158-32 unascertained beneficiaries , may be represented in a testamentary trust

158-33 accounting by [the court,] a court-appointed attorney or by competent

158-34 living members of the class to which they do or would belong, or by a

158-35 guardian ad litem, as the court deems [best.] proper. If the residence of any

158-36 beneficiary is unknown, or there is doubt as to the existence of one or more

158-37 persons as beneficiaries, the court shall make such provision for service of

158-38 notice and representation on the accounting as it believes proper.

158-39 Sec. 533. NRS 165.110 is hereby amended to read as follows:

158-40 165.110 On or before the [return day of an application for a hearing on

158-41 and] date of the hearing of a petition for approval of an intermediate or

158-42 final account , the testamentary trustee shall file an affidavit or certificate

158-43 proving the timely delivery to the known beneficiaries of the documents

159-1 required by this chapter or by court order. The procedure as to filing of

159-2 objections, examination of the trustee and other witnesses, inspection of the

159-3 trust property, adjournments, reference to a master or other representative

159-4 of the court, amendment of the account [,] and similar matters, [shall be] is

159-5 in the discretion of the court. [The court shall, as soon as practicable, act

159-6 upon the account, and discharge the trustee if the account is an approved

159-7 distribution account.]

159-8 Sec. 534. NRS 165.120 is hereby amended to read as follows:

159-9 165.120 The approval by the court of a testamentary trustee’s account

159-10 after due notice and service of papers or representation as provided in this

159-11 chapter , [shall,] subject to the right of appeal, [relieve] relieves the trustee

159-12 and his sureties from liability to all beneficiaries then known or in being, or

159-13 who thereafter become known or in being, for all the trustee’s acts and

159-14 omissions which are fully and accurately described in the account,

159-15 including the then investment of the trust funds. The court may disapprove

159-16 the account and surcharge the trustee for any loss caused by a breach of

159-17 trust committed by him. The account may be reopened by the court on

159-18 [motion] petition of the trustee or a beneficiary, for amendment or revision,

159-19 if it later appears that the account is incorrect, either because of fraud or

159-20 mistake. Court approvals or disapprovals of intermediate or final accounts

159-21 shall be deemed final judgments insofar as the right of appeal is concerned.

159-22 No account [shall] may be reopened because of a mistake more than 1 year

159-23 after its approval. No beneficiary may move for the reopening of any

159-24 account because of fraud more than 90 days after he discovers the existence

159-25 of the fraud.

159-26 Sec. 535. NRS 165.135 is hereby amended to read as follows:

159-27 165.135 The trustee of [each] a nontestamentary trust shall, not less

159-28 often than annually, furnish to each beneficiary who is currently entitled to

159-29 receive income pursuant to the terms of the trust , to each residuary

159-30 beneficiary who is then living, to each specific beneficiary then living

159-31 who has not received complete distribution, and to any surety on the bond

159-32 of the trustee of the trust an account showing:

159-33 1. The period which the account covers;

159-34 2. In a separate schedule:

159-35 (a) Additions to trust principal during the accounting period with the

159-36 dates and sources of acquisition;

159-37 (b) Investments collected, sold or charged off during the accounting

159-38 period;

159-39 (c) Investments made during the accounting period, with the date, source

159-40 and cost of each;

159-41 (d) Deductions from principal during the accounting period, with the

159-42 date and purpose of each; and

160-1 (e) The trust principal, invested or uninvested, on hand at the end of the

160-2 accounting period, reflecting the approximate market value thereof;

160-3 3. In a separate schedule:

160-4 (a) Trust income on hand at the beginning of the accounting period, and

160-5 in what form held;

160-6 (b) Trust income received during the accounting period, when [,] and

160-7 from what source;

160-8 (c) Trust income paid out during the accounting period, when, to whom

160-9 [,] and for what purpose; and

160-10 (d) Trust income on hand at the end of the accounting period [,] and

160-11 how invested;

160-12 4. A statement of any unpaid claims with the reason for failure to pay

160-13 them; and

160-14 5. A brief summary of the account.

160-15 Sec. 536. NRS 165.150 is hereby amended to read as follows:

160-16 165.150 The clerks of the district courts shall severally keep records of

160-17 all trust inventories and accounts filed with their respective courts . [, and

160-18 shall, within 30 days after the filing should have occurred, notify the

160-19 respective judges of their courts of all failures by trustees to file accounts in

160-20 accordance with this chapter. Such] Those courts shall, upon learning that a

160-21 trustee subject to their respective jurisdictions has failed to perform any

160-22 duty placed upon him by this chapter, issue a citation or order to the trustee

160-23 requiring him to perform [such] that duty.

160-24 Sec. 537. NRS 165.180 is hereby amended to read as follows:

160-25 165.180 [Nothing herein contained shall be construed to] This chapter

160-26 does not abridge the power of any court of competent jurisdiction to

160-27 require testamentary or nontestamentary trustees to file an inventory, to

160-28 account, to exhibit the trust property, or to give beneficiaries information or

160-29 the privilege of inspection of trust records and papers, at times other than

160-30 those [herein prescribed; and nothing herein contained shall be construed

160-31 to] prescribed in this chapter, or abridge the power of [such] the court for

160-32 cause shown to excuse a trustee from performing any or all of the duties

160-33 imposed on him by this chapter. [Nothing herein contained shall prevent]

160-34 This chapter does not preclude the trustee from accounting voluntarily

160-35 [when it is reasonably necessary, even though] even if he is not required to

160-36 do so by this chapter or by court order.

160-37 Sec. 538. NRS 165.190 is hereby amended to read as follows:

160-38 165.190 [Any] A beneficiary may [apply to the district] petition the

160-39 court having jurisdiction over the accountings, as prescribed in this chapter,

160-40 for an order requiring the trustee to perform the duties imposed upon him

160-41 by this chapter.

161-1 Sec. 539. NRS 132.020, 133.010, 133.030, 134.140, 134.200,

161-2 135.070, 136.080, 136.270, 138.030, 139.020, 141.150, 142.120, 148.010,

161-3 148.020, 148.030, 148.040, 149.110, 149.120, 149.130, 149.140, 149.150,

161-4 150.090, 150.390, 151.100, 151.200, 153.030, 153.040, 153.045, 153.110,

161-5 154.050, 163.210, 163.240, 164.110, 164.120 and 165.250 are hereby

161-6 repealed.

 

161-7 LEADLINES OF REPEALED SECTIONS

 

161-8 132.020 Determination of estates commenced before July 1, 1941;

161-9 repeal of certain statutes.

161-10 133.010 "Will" includes "codicil."

161-11 133.030 Wills of married women: Disposition of separate and

161-12 community property.

161-13 134.140 "Right of representation" defined.

161-14 134.200 Vesting of wife’s estate when husband dies intestate.

161-15 135.070 Chapter not retroactive.

161-16 136.080 Nuncupative will: Period of limitation.

161-17 136.270 Notice of hearing of petition for probate of foreign will.

161-18 138.030 Married woman may be appointed as executrix.

161-19 139.020 Married woman as administratrix.

161-20 141.150 Appointment of successor executor or administrator:

161-21 Death and residence of deceased need not be proved again.

161-22 142.120 District judge may cite executor or administrator to show

161-23 cause for further security.

161-24 148.010 Order of resort to assets for payment of debts or expenses.

161-25 148.020 Order of resort for payment of legacies.

161-26 148.030 Order of abatement of legacies.

161-27 148.040 Contribution between devisees and legatees.

161-28 149.110 Authorization of conveyance.

161-29 149.120 Petition and notice.

161-30 149.130 Hearing and order.

161-31 149.140 Effect of decree; execution of conveyance.

161-32 149.150 Authorization to exchange: Petition; notice.

161-33 150.090 First account: Filing and contents.

161-34 150.390 Applicability of provisions.

161-35 151.100 Accounting upon final distribution.

161-36 151.200 Annual account: Contents.

161-37 153.030 Application for accounting: Procedure.

161-38 153.040 Petition for instructions as to administration of trust;

161-39 notice of hearing.

162-1 153.045 Trustee or executor authorized to distribute property and

162-2 money in divided or undivided interests and on pro rata or nonpro

162-3 rata basis; agreement by beneficiary or authorization by trust or will

162-4 required for distribution on nonpro rata basis.

162-5 153.110 Vacancy in trusteeship: Appointment of temporary

162-6 trustee.

162-7 154.050 Deposit of residue less than $2,000 with county treasurer.

162-8 163.210 Applicability.

162-9 163.240 Applicability.

162-10 164.110 Severability.

162-11 164.120 Applicability.

162-12 165.250 Applicability.

~