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" means

2-39 community property in which a right of survivorship exists pursuant to

2-40 NRS 111.064 or 115.060 or any other provision of law.

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

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

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

3-4 contained in this Title.

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

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

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

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

3-9 plan or other nonprobate transfer at death.

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

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

3-12 or personal property by will.

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

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

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

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

3-17 beneficiary of the trust.

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

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

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

3-21 power to disclaim.

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

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

3-24 otherwise succeed.

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

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

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

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

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

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

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

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

3-33 the devised assets.

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

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

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

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

3-38 and penalty thereon.

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

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

3-41 administer the estate of the decedent.

4-1 Sec. 24. "Expenses of administration" means funeral expenses and

4-2 expenses actually and properly incurred by a personal representative in

4-3 the administration of an estate, plus the fees of the personal

4-4 representative, any attorney retained by him and any other consultant

4-5 engaged by him.

4-6 Sec. 25. "Family allowance" means the money allocated from the

4-7 estate by the court pursuant to NRS 146.030.

4-8 Sec. 26. "Fiduciary" includes a personal representative, guardian

4-9 and trustee.

4-10 Sec. 27. "Gift" means a gratuitous transfer of property to a recipient

4-11 for less than full market value.

4-12 Sec. 28. "Governing instrument" means:

4-13 1. A deed, will, trust, insurance policy or annuity, designated as

4-14 payable on death;

4-15 2. A security registered as transferable on death;

4-16 3. A pension, profit-sharing, retirement or similar benefit plan;

4-17 4. An instrument creating or exercising a power of appointment or a

4-18 power of attorney; or

4-19 5. A dispositive, appointive or nominative instrument of any similar

4-20 type.

4-21 Sec. 29. "Guardian" means a person who has qualified as the

4-22 guardian of a minor or incapacitated person pursuant to testamentary or

4-23 judicial appointment, but does not include a guardian ad litem.

4-24 Sec. 30. "Heirs" means persons, including the surviving spouse and

4-25 the state, who are entitled by intestate succession to the property of a

4-26 decedent.

4-27 Sec. 31. "Holographic will" means a testamentary document that

4-28 complies with the requirements of NRS 133.090.

4-29 Sec. 32. "Incapacitated person" means a person who is impaired by

4-30 reason of mental illness, mental deficiency, advanced age, disease,

4-31 weakness of mind or any other cause except minority, to the extent of

4-32 lacking sufficient understanding or capacity to make or communicate

4-33 responsible decisions.

4-34 Sec. 33. "Interest" means:

4-35 1. The whole of any property, real or personal, legal or equitable,

4-36 present or future, or any part thereof, or any other estate therein;

4-37 2. A power to appoint, consume, apply or expend property; or

4-38 3. Any other right, power, privilege or immunity relating to property.

4-39 Sec. 34. "Interested person" includes an heir, devisee, child, spouse,

4-40 creditor, beneficiary and any other person having a property right in or

4-41 claim against a trust estate or the estate of a decedent. The term includes

4-42 a person having priority for appointment as a personal representative

5-1 and other fiduciaries representing interested persons. The meaning as it

5-2 relates to particular persons must be determined according to the

5-3 particular purposes of, and matter involved in, a proceeding.

5-4 Sec. 35. "Intestate," used as a noun, means a decedent who dies

5-5 without leaving a will.

5-6 Sec. 36. "Intestate estate" includes an estate where no will has been

5-7 offered or admitted to probate as the last will and testament and an estate

5-8 where the will does not distribute the entire estate.

5-9 Sec. 37. "Inventory" means the description of assets required by

5-10 NRS 144.040.

5-11 Sec. 38. "Issue" means children, grandchildren or more remote

5-12 lineal descendants.

5-13 Sec. 39. "Joint tenants with right of survivorship" include co-owners

5-14 of property held under circumstances that entitle one or more to the

5-15 whole of the property on the death of the other or others.

5-16 Sec. 40. "Lease" includes an oil, gas or other mineral lease.

5-17 Sec. 41. "Letters" includes letters testamentary, letters of

5-18 administration, letters of administration with will annexed and letters of

5-19 special administration.

5-20 Sec. 42. "Lien" means a charge upon property for the satisfaction of

5-21 a debt, including an obligation not satisfied, a judgment, unpaid taxes

5-22 and an unpaid obligation for materials or labor.

5-23 Sec. 43. "Minor" means a person who is under 18 years of age.

5-24 Sec. 44. "Mortgage" means a conveyance, agreement or

5-25 arrangement in which property is encumbered or used as security.

5-26 Sec. 45. "Notice" means information provided pursuant to NRS

5-27 155.010, 155.020 or any other statute requiring advance information of

5-28 an opportunity, obligation or the occurrence of an event.

5-29 Sec. 46. "Oath" means a form of attestation which affirms that the

5-30 taker will faithfully perform the duties of a specified office.

5-31 Sec. 47. "Order" includes a declaration, decree or judgment by a

5-32 court and is a final judgment for all purposes, including an appeal under

5-33 NRS 155.190.

5-34 Sec. 48. "Parent" includes any person entitled to take, or who would

5-35 be entitled to take if the child died without a will, as a parent by intestate

5-36 succession from the child whose relationship is in question and excludes

5-37 any person who is a stepparent, foster parent or grandparent.

5-38 Sec. 49. "Person" includes a natural person, organization,

5-39 government or a governmental subdivision, agency or instrumentality.

5-40 Sec. 50. "Personal representative" includes an executor, an

5-41 administrator, a successor personal representative, a special

5-42 administrator and persons who perform substantially the same function

5-43 under the law governing their status.

6-1 Sec. 51. "Petition" means a verified written request to the court for

6-2 an order.

6-3 Sec. 52. "Probate," used as a noun, means a legal proceeding in

6-4 which the court has jurisdiction to administer, pay out and distribute the

6-5 assets of a decedent to the persons entitled to them, including devisees,

6-6 heirs, creditors and others.

6-7 Sec. 53. "Probate homestead" means a homestead that can be set

6-8 apart by the court pursuant to NRS 146.020.

6-9 Sec. 54. "Property" means anything that may be the subject of

6-10 ownership, and includes both real and personal property and any interest

6-11 therein.

6-12 Sec. 55. "Right of representation" means the method of distributing

6-13 property by which, through inheritance or succession, the descendants of

6-14 a deceased heir take the same share or right in the estate of another

6-15 person that their parent or other ancestor would have taken if living. A

6-16 posthumous child is deemed living at the death of his parent.

6-17 Sec. 56. "Security" includes any note, stock, treasury stock, bond,

6-18 debenture, evidence of indebtedness, certificate of interest or

6-19 participation in an oil, gas or mining title or lease or in payments out of

6-20 production under such a title or lease, collateral trust certificate,

6-21 transferable share, voting trust certificate or, in general, any interest or

6-22 instrument commonly known as a security, or any certificate of interest

6-23 or participation, any temporary or interim certificate, receipt or

6-24 certificate of deposit for, or any warrant or right to subscribe to or

6-25 purchase any of the foregoing.

6-26 Sec. 57. "Separate property" has the meaning ascribed to it in NRS

6-27 123.130.

6-28 Sec. 58. "Settlement," in reference to the estate of a decedent,

6-29 includes administration, distribution and closing.

6-30 Sec. 59. "Settlor" means the person who creates a trust, however

6-31 described in the trust instrument.

6-32 Sec. 60. "Special administrator" means a personal representative

6-33 appointed pursuant to chapter 140 of NRS.

6-34 Sec. 61. "State" means a state of the United States, the District of

6-35 Columbia, Puerto Rico, the United States Virgin Islands, or any territory

6-36 or insular possession subject to the jurisdiction of the United States.

6-37 Sec. 62. "Successor personal representative" means a personal

6-38 representative, other than a special administrator, who is appointed to

6-39 succeed a previously appointed personal representative.

7-1 Sec. 63. "Successors" means persons, other than creditors, who are

7-2 entitled to property of a decedent under the terms of his will or pursuant

7-3 to this Title.

7-4 Sec. 64. "Tax" includes an income, property, excise, estate, gift or

7-5 inheritance tax.

7-6 Sec. 65. "Testate estate" means an estate with respect to which a will

7-7 has been offered and admitted to probate.

7-8 Sec. 66. "Testator" means a person who makes a will.

7-9 Sec. 67. "Trust" means an interest in property held by one person

7-10 for the benefit of another, established by an instrument executed during

7-11 the life of the settlor or by his will. The term includes an express trust,

7-12 private or charitable, with additions thereto, wherever and however

7-13 created. The term also includes a trust created or determined by

7-14 judgment or decree under which the trust is to be administered in the

7-15 manner of an express trust.

7-16 Sec. 68. "Trustee" includes an original, additional or successor

7-17 trustee, whether or not appointed or confirmed by a court.

7-18 Sec. 69. "Verification" means a declaration that a statement is true,

7-19 made under oath or affirmation under penalty of perjury for false

7-20 statement.

7-21 Sec. 70. "Ward" means a person for whom a guardian has been

7-22 appointed. A "minor ward" is one for whom a guardian has been

7-23 appointed solely by reason of minority.

7-24 Sec. 71. "Will" means a formal document that provides for the

7-25 distribution of the property of a decedent upon his death. The term

7-26 includes a codicil and a testamentary instrument that merely appoints an

7-27 executor, revokes or revises another will, nominates a guardian, or

7-28 expressly excludes or limits the right of an individual or class to succeed

7-29 to property of the decedent passing by intestate succession.

7-30 Sec. 72. NRS 132.010 is hereby amended to read as follows:

7-31 132.010 This Title [shall] must be liberally construed [, to the end that

7-32 justice may be done all parties, and] so that a speedy settlement of estates

7-33 is accomplished at the least expense [secured.] to the parties.

7-34 Sec. 73. NRS 133.040 is hereby amended to read as follows:

7-35 133.040 No will executed in this state, except [such nuncupative wills

7-36 and] such holographic wills as are mentioned in this chapter, [shall be] is

7-37 valid unless it [be] is in writing and signed by the testator, or by [some

7-38 person in his presence, and by his] an attending person at the testator’s

7-39 express direction, and attested by at least two competent witnesses [,

7-40 subscribing] who subscribe their names to the will in the presence of the

7-41 testator.

8-1 Sec. 74. NRS 133.045 is hereby amended to read as follows:

8-2 133.045 1. Whether or not the provisions relating to holographic

8-3 wills apply, a will may refer to a written statement or list to dispose of

8-4 items of tangible personal property not otherwise specifically disposed of

8-5 by the will, other than money, evidences of indebtedness, documents of

8-6 title, securities and property used in a trade or business.

8-7 2. To be admissible as evidence of the intended disposition, the

8-8 statement or list must contain:

8-9 (a) The date of its execution.

8-10 (b) A title indicating its purpose.

8-11 (c) A reference to the will to which it relates.

8-12 (d) A reasonably certain description of the items to be disposed of and

8-13 the [legatees.] names of the devisees.

8-14 (e) The testator’s signature.

8-15 3. The statement or list may be:

8-16 (a) Referred to as a writing to be in existence at the time of the testator’s

8-17 death.

8-18 (b) Prepared before or after the execution of the will.

8-19 (c) Altered by the testator after its preparation.

8-20 (d) A writing which has no significance apart from its effect upon the

8-21 dispositions made by the will.

8-22 Sec. 75. NRS 133.050 is hereby amended to read as follows:

8-23 133.050 1. Any or all of the attesting witnesses to any will may [, at

8-24 the request of the testator, make and] sign an affidavit before any person

8-25 authorized to administer oaths in or out of the state, stating such facts as

8-26 they would be required to testify to in court to prove the will. The affidavit

8-27 must be written on the will [,] or, if that is impracticable, on some paper

8-28 attached thereto. The sworn statement of any witness so taken must be

8-29 accepted by the court [of probate] as if it had been taken before the court.

8-30 2. The affidavit described in subsection 1 may be substantially in form

8-31 as follows:

8-32 State of Nevada }

8-33 }ss.

8-34 County of }

8-35 (Date)

8-36 Then and there personally appeared [the within-named] ................ and

8-37 ................., who, being duly sworn, depose and say: That they witnessed

8-38 the execution of the [within] foregoing will of the [within-named] testator,

8-39 ................; that the testator subscribed the will and declared [the same] it to

8-40 be his last will and testament in their presence; that they thereafter

9-1 subscribed the [same] will as witnesses in the presence of the testator and in

9-2 the presence of each other and at the request of the testator; and that the

9-3 testator at the time of the execution of the will appeared to them to be of

9-4 full age and of sound mind and memory . [, and that they make this

9-5 affidavit at the request of the testator.]

9-6

9-7 Affiant

9-8

9-9 Affiant

9-10 Subscribed and sworn to before me this .....

9-11 day of........, [19...] .............

9-12

9-13 Notary Public

9-14 Sec. 76. NRS 133.055 is hereby amended to read as follows:

9-15 133.055 A signature affixed to a self-proving affidavit attached to a

9-16 will and executed at the same time as the will is considered a signature

9-17 affixed to the will if necessary to prove the execution of the will.

9-18 Sec. 77. NRS 133.060 is hereby amended to read as follows:

9-19 133.060 All [beneficial devises, legacies and gifts whatsoever made or

9-20 given in any] devises in a will to a subscribing witness [thereto shall be]

9-21 are void unless there are two other competent subscribing witnesses to the

9-22 [same.] will.

9-23 Sec. 78. NRS 133.080 is hereby amended to read as follows:

9-24 133.080 1. If in writing and subscribed by the testator, a last will and

9-25 testament executed [without] outside this state in the [mode] manner

9-26 prescribed by the law, either of the state where executed or of the testator’s

9-27 domicile, shall be deemed to be legally executed, and [shall be] is of the

9-28 same force and effect as if executed in the [mode] manner prescribed by

9-29 the law of this state.

9-30 2. This section [shall] must be so interpreted and construed as to

9-31 effectuate its general purpose to make uniform the law of those states which

9-32 enact it.

9-33 Sec. 79. NRS 133.090 is hereby amended to read as follows:

9-34 133.090 1. A holographic will is [one that is entirely written, dated

9-35 and signed] a will in which the signature, date and material provisions

9-36 are written by the hand of the testator [himself.] , whether or not it is

9-37 witnessed or notarized. It is subject to no other form, and may be made in

9-38 or out of this state . [and need not be witnessed.]

9-39 2. Every person of sound mind [,] over the age of 18 years [, including

9-40 married women,] may, by last holographic will, dispose of all of [his or her]

10-1 the estate, real or personal, [the same being] but the estate is chargeable

10-2 with the payment of the testator’s debts.

10-3 3. Such wills [shall be] are valid and have [full effect for the purpose

10-4 for which they are intended.] the same force and effect as if formally

10-5 executed.

10-6 Sec. 80. NRS 133.100 is hereby amended to read as follows:

10-7 133.100 [1. No nuncupative or verbal will shall be good unless:

10-8 (a) The same be proved by two witnesses who were present at the

10-9 making thereof; and

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

10-11 did bid someone present to bear witness that such was his will, or words of

10-12 like import; and

10-13 (c) It was made at the time of the last sickness of the deceased.

10-14 2. No nuncupative or verbal will shall be good where the estate

10-15 bequeathed exceeds the value of $1,000.] A nuncupative or oral will is not

10-16 valid.

10-17 Sec. 81. NRS 133.105 is hereby amended to read as follows:

10-18 133.105 1. A security issued in registered form which contains the

10-19 words "transferable on death to" a named person, or equivalent language or

10-20 abbreviation, is effective to transfer the interest evidenced by the security to

10-21 that person, upon the death of its owner, without compliance with the

10-22 formal requirements of this chapter for the execution of wills. [As used in

10-23 this subsection, "security" and "registered form" have the meanings

10-24 ascribed to them in NRS 104.8102.]

10-25 2. A security registered in beneficiary form pursuant to NRS 111.480

10-26 to 111.650, inclusive, is effective to transfer the interest evidenced by the

10-27 security to the beneficiary at the death of the owner or the deaths of all

10-28 multiple owners, without compliance with the formal requirements of this

10-29 chapter for the execution of wills.

10-30 3. As used in this section, "security" and "registered form" have the

10-31 meanings ascribed to them in NRS 104.8102.

10-32 Sec. 82. NRS 133.115 is hereby amended to read as follows:

10-33 133.115 Divorce or annulment of the marriage of the testator revokes

10-34 every [beneficial devise, legacy or] devise, beneficial interest or

10-35 designation to serve as personal representative given to the testator’s

10-36 former spouse in a will executed before the entry of the decree of divorce

10-37 or annulment unless otherwise:

10-38 1. Provided in a property or separation agreement which is approved

10-39 by the court in the divorce or annulment proceedings ; [and not merged in

10-40 the decree;] or

10-41 2. Ordered by the court in the divorce or annulment proceedings,

10-42 and the will [shall take] takes effect in the same manner as if the former

10-43 spouse had died before the testator.

11-1 Sec. 83. NRS 133.120 is hereby amended to read as follows:

11-2 133.120 1. [No will in writing shall be revoked unless:

11-3 (a) By burning,] A written will may only be revoked by:

11-4 (a) Burning, tearing, canceling or obliterating the [same,] will, with the

11-5 intention of revoking it, by the testator, or by some person in [his presence,

11-6 or by his direction; or

11-7 (b) By some other] the presence and at the direction of the testator; or

11-8 (b) Another will or codicil in writing, executed as prescribed in this

11-9 chapter.

11-10 2. [Nothing contained in this section shall] This section does not

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

11-12 condition or circumstances of the testator.

11-13 Sec. 84. NRS 133.130 is hereby amended to read as follows:

11-14 133.130 If, after the making of any will, the testator [shall duly make

11-15 and execute] executes a second will, the destruction, cancellation or

11-16 revocation of the second will [shall] does not revive the first will, unless it

11-17 appears by the terms of [such] the revocation that it was the intention to

11-18 revive and give effect to the first will, or unless, after [such] the

11-19 destruction, cancellation or revocation, the first will [shall be duly] is

11-20 reexecuted.

11-21 Sec. 85. NRS 133.140 is hereby amended to read as follows:

11-22 133.140 A bond, covenant or agreement made by a testator to convey

11-23 any property devised [or bequeathed] in any will previously made [shall not

11-24 be deemed] is not a revocation of [such] the previous devise [or bequest;

11-25 but such property shall pass] , but the property passes by the devise , [or

11-26 bequest,] subject to the same remedies on the bond, covenant or agreement,

11-27 for the specific performance or otherwise, against the [devisees or

11-28 legatees,] devisee, as might be had by law against the heirs of the testator, if

11-29 the [same] property had descended to them.

11-30 Sec. 86. NRS 133.150 is hereby amended to read as follows:

11-31 133.150 A charge or encumbrance upon any estate, for the purpose of

11-32 securing the payment of money, or the performance of any covenant or

11-33 agreement, [shall not be deemed] is not a revocation of [any] a will relating

11-34 to the same estate which was previously executed, but the [devise and

11-35 legacies] devises therein contained [shall pass,] pass subject to [such] the

11-36 charge or encumbrance.

11-37 Sec. 87. NRS 133.155 is hereby amended to read as follows:

11-38 133.155 A specific devise passes subject to any mortgage or lien

11-39 existing on the date of death, without right of exoneration, regardless of a

11-40 general directive in the will to pay debts.

11-41 Sec. 88. NRS 133.160 is hereby amended to read as follows:

11-42 133.160 When [any child shall have been] a child is born after the

11-43 making of [its parent’s will,] a will by a parent of that child and no

12-1 provision [shall be] is made for [him or her therein, such child shall have]

12-2 the child in the will, the child is entitled to the same share in the estate of

12-3 the testator as if the testator had died intestate, unless it [shall be] is

12-4 apparent from the will that it was the intention of the testator that no

12-5 provision should be made for [the] that child.

12-6 Sec. 89. NRS 133.170 is hereby amended to read as follows:

12-7 133.170 When [any testator shall omit to provide in his or her will for

12-8 any of his or her children or for the issue of any deceased child, it shall] the

12-9 child of a testator or the issue of a deceased child of a testator is omitted

12-10 from the testator’s will, it must be presumed that the omission was

12-11 intentional. Should the court find that the omission was unintentional,

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

12-13 entitled to the same share in the estate of the testator as if [he or she] the

12-14 testator had died intestate.

12-15 Sec. 90. NRS 133.180 is hereby amended to read as follows:

12-16 133.180 When any share of the estate of a testator [shall be] is

12-17 assigned to a child born after the making of a will, or to a child or the issue

12-18 of a child omitted in the will, as mentioned in NRS 133.160 and 133.170,

12-19 the [same shall] share must first be taken from the estate not disposed of by

12-20 the will, if any. If that [shall not be] is not sufficient, so much as [shall be

12-21 necessary shall] is necessary must be taken from all the devisees [or

12-22 legatees,] in proportion to the value they may respectively receive under the

12-23 will, unless the obvious intention of the testator in relation to some specific

12-24 devise [or bequest,] or other provision in the will [,] would thereby be

12-25 defeated. In [such case, such] that case, the specific devise [, legacy] or

12-26 provision may be exempted from [such] the apportionment, and a different

12-27 apportionment, consistent with the intention of the testator, may be

12-28 adopted.

12-29 Sec. 91. NRS 133.190 is hereby amended to read as follows:

12-30 133.190 If [such] the child or children, or their descendants, so

12-31 unprovided for, [shall] have had an equal proportion of the testator’s estate

12-32 bestowed upon them in the testator’s lifetime, by way of an advancement,

12-33 as provided in NRS 151.120, they [shall] take nothing [in virtue of the

12-34 provisions of] under NRS 133.160, 133.170 and 133.180.

12-35 Sec. 92. NRS 133.200 is hereby amended to read as follows:

12-36 133.200 When any estate [shall be devised or bequeathed] is devised to

12-37 any child or other relation of the testator, and the devisee [or legatee shall

12-38 die] dies before the testator, leaving lineal descendants, [such] those

12-39 descendants, in the absence of a provision in the will to the contrary, [shall]

12-40 take the estate so given by the will in the same manner as the devisee [or

12-41 legatee] would have done if [he] the devisee had survived the testator.

13-1 Sec. 93. NRS 133.210 is hereby amended to read as follows:

13-2 133.210 Every devise of [land] real property in any will [shall be

13-3 construed to convey] conveys all the estate of the [devisor] testator therein

13-4 which [he] could lawfully [devise,] be devised, unless it [shall clearly

13-5 appear] clearly appears by the will that [he] the testator intended to convey

13-6 a [less] lesser estate.

13-7 Sec. 94. NRS 133.220 is hereby amended to read as follows:

13-8 133.220 Any estate, right or interest in [lands] real property acquired

13-9 by the testator after the making of [his or her will shall pass] a will passes

13-10 thereby in like manner as if it had been acquired [prior to] before the time

13-11 of making the will, if [such should manifestly appear] that manifestly

13-12 appears by the will to have been the intention of the testator.

13-13 Secs. 95-98. (Deleted by amendment.)

13-14 Sec. 99. NRS 134.040 is hereby amended to read as follows:

13-15 134.040 1. If the decedent leaves a surviving [husband or wife,]

13-16 spouse and only one child, or the lawful issue of one child, the estate goes

13-17 one-half to the surviving [husband or wife,] spouse and one-half to [such]

13-18 the child or the issue of [such] the child.

13-19 2. If the decedent leaves a surviving [husband or wife,] spouse and

13-20 more than one child living, or [one] a child and the lawful issue of one or

13-21 more deceased children, the estate goes one-third to the surviving [husband

13-22 or wife,] spouse and the remainder in equal shares to [his or her] the

13-23 children and the lawful issue of any deceased child by right of

13-24 representation.

13-25 [3. If there be no child of the intestate living at his or her death, the

13-26 remainder shall go to all of his or her lineal descendants, and if all the lineal

13-27 descendants are in the same degree of kindred to the intestate, they shall

13-28 share equally; otherwise, they shall take according to the right of

13-29 representation.]

13-30 Sec. 100. NRS 134.050 is hereby amended to read as follows:

13-31 134.050 1. If the decedent [shall leave] leaves no issue, the estate

13-32 [shall go] goes one-half to the surviving [husband or wife,] spouse, one-

13-33 fourth to the [intestate’s father,] father of the decedent and one-fourth to

13-34 the [intestate’s mother,] mother of the decedent, if both are living . [; if

13-35 not,] If both parents are not living, one-half to either the father or the

13-36 mother then living.

13-37 2. If the decedent [shall leave] leaves no issue, or father [,] or mother,

13-38 one-half of the separate property of the [intestate shall go] decedent goes to

13-39 the surviving [husband or wife,] spouse and the other one-half [thereof

13-40 shall go] goes in equal shares to the brothers and sisters of the [intestate,

13-41 and to the children of any deceased brother or sister by right of

13-42 representation.] decedent.

14-1 3. If the decedent [shall leave no issue, or husband, or wife,] leaves no

14-2 issue or surviving spouse, the estate [shall go] goes one-half to the

14-3 [intestate’s] father of the decedent and one-half to the [intestate’s mother,]

14-4 mother of the decedent, if both are living . [; if not,] If both parents are

14-5 not living, the whole estate [shall go] goes to either the father or the mother

14-6 then living.

14-7 4. If the decedent [shall leave] leaves no issue, father, mother, brother

14-8 [,] or sister, or children of any issue, all of the separate property of the

14-9 [intestate shall go] decedent goes to the surviving [husband or wife.]

14-10 spouse.

14-11 Sec. 101. NRS 134.060 is hereby amended to read as follows:

14-12 134.060 If there [be] is no issue, [or husband, or wife,] surviving

14-13 spouse, or father [,] or mother, then the estate goes in equal shares to the

14-14 brothers and sisters of the [intestate,] decedent and to the children of any

14-15 deceased brother or sister by right of representation.

14-16 Sec. 102. NRS 134.070 is hereby amended to read as follows:

14-17 134.070 If the [intestate shall leave] decedent leaves no issue, [or

14-18 husband, or wife,] surviving spouse, or father [,] or mother, and no brother

14-19 or sister living at [his or her] the time of death, the estate [shall go] goes to

14-20 the next of kin in equal degree, [excepting that when] except that if there

14-21 are two or more collateral kindred in equal degree, but claiming through

14-22 different ancestors, those who claim through the nearest ancestors [shall be]

14-23 are preferred to those who claim through ancestors more remote . [; but if]

14-24 If any person [shall die] dies leaving several children, or leaving [one] a

14-25 child and issue of one or more children, and any such surviving child [shall

14-26 die] dies under age and not having been married, all [of] the estate that

14-27 came to the deceased child by inheritance from the deceased parent [shall

14-28 descend] descends in equal shares to the other children of the same parent,

14-29 and to the issue of any other children who may have died, by right of

14-30 representation.

14-31 Sec. 103. NRS 134.080 is hereby amended to read as follows:

14-32 134.080 [If at] At the death of a child [, who shall die] who is under

14-33 age and has not [having] been married, all the other children of the parent

14-34 being also dead, [and] if any of [them shall have] the other children left

14-35 issue, the estate that came to [such] the child by inheritance from [his or her

14-36 parent shall descend] the parent descends to all the issue of the other

14-37 children of the same parent, and if all the issue are in the same degree of

14-38 kindred to the child they [shall] are entitled to share the estate equally;

14-39 otherwise, they [shall] are entitled to take according to the right of

14-40 representation.

14-41 Sec. 104. NRS 134.090 is hereby amended to read as follows:

14-42 134.090 If the decedent leaves no surviving [husband or wife,] spouse,

14-43 but there [be] is a child or children, the estate [shall, if there be] , if there is

15-1 only one child, all [go] goes to that child . [; and if there be] If there is

15-2 more than one child, the estate [shall descend and be distributed] goes to all

15-3 the [intestate’s children,] children of the decedent, to share and share alike.

15-4 Sec. 105. NRS 134.100 is hereby amended to read as follows:

15-5 134.100 If the decedent leaves no surviving [husband or wife,] spouse,

15-6 but there [shall be] is a child or children and the lawful issue of a child or

15-7 children, the estate [shall descend and be distributed to such] goes to the

15-8 child or children and lawful issue of [such] the child or children by right of

15-9 representation as follows: To [such] the child or children , each a [child’s

15-10 part,] share and to the lawful issue of each deceased child, by right of

15-11 representation, the same [part and proportion that its] share that the parent

15-12 would have received [in case] if the parent had been living at the time of

15-13 the [intestate’s death; that is, the lawful issue of any deceased child shall

15-14 receive the part and proportion that its parent would have received had the

15-15 parent been living at the time of the intestate’s death.] death of the

15-16 decedent.

15-17 Sec. 106. NRS 134.110 is hereby amended to read as follows:

15-18 134.110 If the decedent leaves no surviving [husband or wife,] spouse,

15-19 or child or children, but there [be] is the lawful issue of a child or children,

15-20 all [of] the estate [shall descend] desends and must be distributed to the

15-21 lawful issue of [such] the child or children by right of representation, and

15-22 this rule [shall apply] applies to the lawful issue of all such children, and to

15-23 the lawful issue ad infinitum.

15-24 Sec. 107. NRS 134.120 is hereby amended to read as follows:

15-25 134.120 If the [intestate shall leave no husband, or wife,] decedent

15-26 leaves no surviving spouse, or kindred, the estate [shall escheat] escheats

15-27 to the state for educational purposes.

15-28 Sec. 108. NRS 134.160 is hereby amended to read as follows:

15-29 134.160 Kindred of the half blood [shall] inherit equally with those of

15-30 the whole blood in the same degree, unless the inheritance comes to the

15-31 [intestate] decedent by descent [, devise or gift from some one of his or her

15-32 ancestors,] or devise from an ancestor, in which case all those who are not

15-33 of the blood of [such ancestors shall be] the ancestor are excluded from the

15-34 inheritance.

15-35 Sec. 109. NRS 134.210 is hereby amended to read as follows:

15-36 134.210 Whenever [any wife] one spouse dies intestate, leaving heirs,

15-37 if the [husband] other spouse dies intestate [subsequently to his wife,] after

15-38 the first spouse, without heirs, leaving property, [his] the estate of the

15-39 second spouse to die vests in the heirs of the [wife,] first spouse to die,

15-40 subject to expenses of administration and payment of legal debts against the

15-41 estate.

16-1 Sec. 110. NRS 135.020 is hereby amended to read as follows:

16-2 135.020 Where the title to property or the devolution thereof depends

16-3 upon priority of death and there is [no sufficient] insufficient evidence that

16-4 the persons [have] died otherwise than simultaneously, the property of each

16-5 person [shall] must be disposed of as if [he] that person had survived,

16-6 except as provided otherwise in this chapter.

16-7 Sec. 111. NRS 135.030 is hereby amended to read as follows:

16-8 135.030 Where two or more beneficiaries are designated to take

16-9 successively by reason of survivorship under another person’s disposition

16-10 of property and there is [no sufficient] insufficient evidence that these

16-11 beneficiaries [have] died otherwise than simultaneously the property thus

16-12 disposed of [shall] must be divided into as many equal portions as there are

16-13 successive beneficiaries and these portions [shall] must be distributed

16-14 respectively to those who would have taken in the event that each

16-15 designated beneficiary had survived.

16-16 Sec. 112. NRS 135.040 is hereby amended to read as follows:

16-17 135.040 Where there is [no sufficient] insufficient evidence that two

16-18 joint tenants or [tenants by the entirety have] spouses holding title to

16-19 community property with right of survivorship died otherwise than

16-20 simultaneously , the property so held [shall] must be distributed one-half as

16-21 if one had survived and one-half as if the other had survived. If there are

16-22 more than two joint tenants and all of them have so died, the property thus

16-23 distributed [shall] must be in the proportion that one bears to the whole

16-24 number of joint tenants.

16-25 Sec. 113. NRS 135.050 is hereby amended to read as follows:

16-26 135.050 Where the insured and the beneficiary in a policy of life or

16-27 accident insurance have died and there is [no sufficient] insufficient

16-28 evidence that they [have] died otherwise than simultaneously , the proceeds

16-29 of the policy [shall] must be distributed as if the insured had survived the

16-30 beneficiary.

16-31 Sec. 114. NRS 135.060 is hereby amended to read as follows:

16-32 135.060 Except as otherwise provided in NRS 135.050 or in a

16-33 premarital agreement between [the husband and wife] spouses which is

16-34 enforceable pursuant to chapter 123A of NRS, where [a husband and wife]

16-35 both spouses have died, leaving community property, and there is [no

16-36 sufficient] insufficient evidence that they [have] died otherwise than

16-37 simultaneously, one-half of all the community property must be distributed

16-38 as if [the husband] one spouse had survived and the other one-half thereof

16-39 must be distributed as if the [wife] other spouse had survived.

16-40 Sec. 115. NRS 135.080 is hereby amended to read as follows:

16-41 135.080 This chapter [shall] does not apply in the case of wills, living

16-42 trusts, deeds, or contracts [of insurance wherein] in which provision has

17-1 been made for distribution of property different from the provisions of this

17-2 chapter.

17-3 Sec. 116. NRS 136.010 is hereby amended to read as follows:

17-4 136.010 1. Wills may be proved and letters [testamentary or letters of

17-5 administration] granted in the county [of which the deceased] where the

17-6 decedent was a resident at the time of death, whether death occurred in that

17-7 county or elsewhere, and the district court of that county [shall have] has

17-8 exclusive jurisdiction of the settlement of such estates, whether the estate is

17-9 in one or more counties.

17-10 2. The estate of a nonresident decedent may be settled by the district

17-11 court of any county [wherein] in which any part of the estate [may be.] is

17-12 located. The district court to which application [shall first be made shall

17-13 have] is first made has exclusive jurisdiction of the settlement of estates of

17-14 nonresidents.

17-15 Sec. 117. NRS 136.020 is hereby amended to read as follows:

17-16 136.020 [No] A district judge shall not admit any will to probate, or

17-17 grant letters [testamentary or letters of administration,] in any case where [:

17-18 1. He shall be interested] The judge is:

17-19 1. Interested as next of kin to the deceased.

17-20 2. [He is a legatee or] A devisee under the will.

17-21 3. [He is named as executor] Named as personal representative or

17-22 trustee in the will.

17-23 4. [He is a] A witness to the will.

17-24 Sec. 118. NRS 136.030 is hereby amended to read as follows:

17-25 136.030 1. [When any] If a district judge, who would otherwise be

17-26 authorized to act, [shall be] is precluded from acting from the causes

17-27 mentioned in NRS 136.020, or [when he shall] if the judge is interested in

17-28 any manner [be interested, he] , the judge shall transfer all proceedings in

17-29 the matter of the estate to another judge of the same county, if there [be] is

17-30 one, who is not disqualified to act in the settlement of the estate, or [he

17-31 shall call a district] the judge shall request a judge of another district to

17-32 hold the court [of his] in the other county.

17-33 2. The judge to whom the matter is transferred or [such] the other

17-34 district judge shall hold court and [be] is vested with all the powers of the

17-35 court and judge so disqualified, and [shall retain] retains jurisdiction as to

17-36 all subsequent proceedings in regard to the estate.

17-37 Sec. 119. NRS 136.040 is hereby amended to read as follows:

17-38 136.040 If, before the administration of any estate transferred as

17-39 provided in NRS 136.030 is closed, another person becomes judge of the

17-40 court [wherein such] in which the proceeding was originally commenced

17-41 who is not disqualified to act in the settlement of the estate, and the causes

17-42 for which the proceeding was transferred no longer exist, any interested

17-43 person [interested in the estate] may have the proceeding returned to the

18-1 judge who [has] succeeded the disqualified judge, by filing a petition

18-2 setting forth these facts and moving the court [therefor.] to grant the

18-3 petition. If these facts are satisfactorily shown , the court must make an

18-4 order transferring the proceeding back to the judge who is not disqualified.

18-5 Sec. 120. NRS 136.050 is hereby amended to read as follows:

18-6 136.050 1. Any person having [any will in his] possession of a will

18-7 shall, within 30 days after knowledge of the death of the person who

18-8 executed the will, deliver it to the clerk of the district court which has

18-9 jurisdiction of the case or to the [person] personal representative named in

18-10 the will . [to execute it.]

18-11 2. Any person named as [executor or executrix in any] personal

18-12 representative in a will shall, within 30 days after the death of the testator ,

18-13 [or testatrix,] or within 30 days after knowledge of [such naming,] being

18-14 named, present the will, if in possession of it, to the [district] clerk of the

18-15 court.

18-16 3. Every person who [shall neglect] neglects to perform any of the

18-17 duties required in subsections 1 and 2 without reasonable cause [, shall be]

18-18 is liable to every person interested in the will for the damages [such] the

18-19 interested person may sustain by reason of [such] the neglect.

18-20 Sec. 121. NRS 136.060 is hereby amended to read as follows:

18-21 136.060 1. If it is alleged in any petition that [any] the will of a

18-22 [deceased person] decedent is in the possession of a third person, and the

18-23 court [shall be] is satisfied that the allegation is correct, an order [shall]

18-24 must be issued and served upon the person having possession of the will,

18-25 requiring that person to produce it at a time to be named in the order.

18-26 2. Any person having the possession of a will who neglects or refuses

18-27 to produce it in obedience to such an order may, by warrant from the court,

18-28 be committed to the county jail, and be kept in close confinement until

18-29 [such] the person produces the will. The [judge] court may make all other

18-30 necessary orders at chambers to enforce the production of the will.

18-31 Sec. 122. NRS 136.070 is hereby amended to read as follows:

18-32 136.070 1. [Any executor, devisee or legatee] A personal

18-33 representative or devisee named in a will, or any other interested person ,

18-34 [interested in the estate,] may, at any time after the death of the testator,

18-35 petition the court having jurisdiction to have the will proved, whether the

18-36 [same be in writing or nuncupative, in his] will is in the possession of that

18-37 person or not, or is lost or destroyed, or is beyond the jurisdiction of the

18-38 state.

18-39 2. [Any person] A personal representative named in a will , [to

18-40 execute it,] though not in possession of the will, may present a petition to

18-41 the district court having jurisdiction, [praying] requesting that the person in

19-1 possession of the will be required to produce it [,] so that it may be

19-2 admitted to probate [, and that letters testamentary] and letters may be

19-3 issued.

19-4 Sec. 123. NRS 136.090 is hereby amended to read as follows:

19-5 136.090 1. A petition for the probate of a will and issuance of letters

19-6 must state:

19-7 (a) The jurisdictional facts;

19-8 (b) Whether the person named as [executor] personal representative

19-9 consents to act or renounces [his] the right to letters ; [testamentary;]

19-10 (c) The names [, ages] and residences of the heirs, next of kin [, devisees

19-11 and legatees] and devisees of the decedent, the age of any heir, next of kin

19-12 or devisee who is a minor, and the relationship of the heirs and next of kin

19-13 to the decedent, so far as known to the petitioner;

19-14 (d) The character and estimated value of the property of the estate; [and]

19-15 (e) The name of the person for whom letters [testamentary are prayed.]

19-16 are requested, and that the person has never been convicted of a felony;

19-17 and

19-18 (f) The name of any devisee who is deceased.

19-19 2. No defect of form or in the statement of jurisdictional facts actually

19-20 existing voids the probate of a will.

19-21 Sec. 124. NRS 136.100 is hereby amended to read as follows:

19-22 136.100 1. [All petitions] A petition for the probate of a will and for

19-23 the issuance of letters must be signed by the party petitioning, or the

19-24 attorney for the petitioner, and filed with the clerk of the court, who shall

19-25 set the petition for hearing.

19-26 2. [Notice must be given as] The petitioner shall give notice of the

19-27 hearing for the period and in the manner provided in NRS 155.020 to the

19-28 heirs of the testator and the devisees [and legatees] named in the will, to all

19-29 persons named as [executors] personal representatives who are not

19-30 petitioning and to the administrator of the welfare division of the

19-31 department of human resources . [, and must state the filing of the petition,

19-32 the object, and the time for proving the will.] The notice must be

19-33 substantially in the form provided in that section.

19-34 Sec. 125. NRS 136.120 is hereby amended to read as follows:

19-35 136.120 If a petition for probate is presented by any person other than

19-36 the [one] personal representative named in the will , [to execute it,] or if it

19-37 is presented by [one of several of such persons] fewer than all of the

19-38 personal representatives named in the will, [citation shall issue and] the

19-39 petition must be served upon [such] the personal representatives not

19-40 joining in the petition . [, if resident within the county. The citation shall be

19-41 served at least 5 days before the hearing.]

20-1 Sec. 126. NRS 136.150 is hereby amended to read as follows:

20-2 136.150 1. If no person [shall appear] appears to contest the probate

20-3 of a will , the court may admit it to probate on the testimony of only one of

20-4 the subscribing witnesses, if [such testimony shall show] that testimony

20-5 shows that the will was executed in all particulars as required by law, and

20-6 that the testator [or testatrix] was of sound mind and had attained the age

20-7 of 18 years at the time of its execution.

20-8 2. [In all cases where the witness resides at a distance of more than 25

20-9 miles from the place where the court is held, the] An ex parte affidavit of

20-10 the witness, showing that the will was executed in all particulars as required

20-11 by law, and that the testator [or testatrix] was of sound mind and had

20-12 attained the age of 18 years at the time of its execution, [shall] must be

20-13 received in evidence and [have] has the same force and effect as if the

20-14 witness [was] were present and testified orally.

20-15 Sec. 127. NRS 136.160 is hereby amended to read as follows:

20-16 136.160 1. Any or all of the attesting witnesses to any will may, after

20-17 the [decease] death of the testator and at the request of the executor or any

20-18 interested person , [interested under the will,] make and sign an affidavit

20-19 [before any person authorized to administer oaths in or out of the state,]

20-20 stating such facts as [they] a witness would be required to testify to in court

20-21 to prove the will. [The affidavit must be written on the will, or, if that be

20-22 impracticable, on some paper attached thereto.] The sworn statement of any

20-23 witness so taken must be accepted by the court [of probate] as if it had been

20-24 taken before the court.

20-25 2. The affidavit described in subsection 1 may be substantially in form

20-26 as set forth in NRS 133.050.

20-27 Sec. 128. NRS 136.170 is hereby amended to read as follows:

20-28 136.170 1. [When] If it appears to the court that a will cannot be

20-29 proven as otherwise provided by law because one or more or all [of] the

20-30 subscribing witnesses to the will, at the time the will is offered for probate,

20-31 [are serving in or present with the Armed Forces of the United States or as

20-32 merchant seamen, or] are dead or mentally or physically incapable of

20-33 testifying or otherwise unavailable, the court may admit the will to probate

20-34 upon the testimony in person , [or] by deposition or by affidavit of at least

20-35 two credible disinterested witnesses that the signature to the will is [in the

20-36 handwriting of the person whose will it purports to be,] genuine, or upon

20-37 other sufficient proof [of such handwriting.] that the signature is genuine.

20-38 2. The provisions of subsection 1 [shall] do not preclude the court, in

20-39 its discretion, from requiring in addition, the testimony in person , [or] by

20-40 deposition or by affidavit of any available subscribing witness, or proof of

20-41 such other pertinent facts and circumstances as the court [may deem] deems

20-42 necessary to admit the will to probate.

21-1 Sec. 129. NRS 136.180 is hereby amended to read as follows:

21-2 136.180 1. If the will of a person is detained beyond the jurisdiction

21-3 of the state, in a court of any other state, country or jurisdiction, and cannot

21-4 be produced for probate in this state, a copy of the will may be admitted to

21-5 probate in this state in lieu thereof and [have] has the same force and effect

21-6 as would be required if the original will were produced.

21-7 2. [The court may authorize a photographic copy of the will to be

21-8 presented to the subscribing witness upon his examination in court, or by

21-9 affidavit, as provided in this chapter, and he may be asked the same

21-10 questions with respect to it and the handwriting of himself, the testator and

21-11 the other witness or witnesses, as would be pertinent and competent if the

21-12 original will were present.] Unless otherwise ordered by the court, a

21-13 subscribing witness may testify in person, by deposition or by affidavit

21-14 with respect to a copy of the executed will, and with respect to

21-15 handwriting of the affiant as a witness, or the handwriting of the testator

21-16 or another witness, in the same way as he would if the original will were

21-17 available.

21-18 Sec. 130. NRS 136.190 is hereby amended to read as follows:

21-19 136.190 A holographic will may be proved [in the same manner as

21-20 other private writings.] by authentication satisfactory to the court.

21-21 Sec. 131. NRS 136.200 is hereby amended to read as follows:

21-22 136.200 1. [Whenever] If a will is offered for probate and it appears

21-23 there are minors [,] or unborn members of a class who are interested, or if

21-24 it appears there are other interested persons [interested in the estate but]

21-25 who reside out of the county and are unrepresented, the court may, whether

21-26 there is a contest or not, appoint an attorney for [such minors or other

21-27 persons.] them.

21-28 2. [When] If a person for whom an attorney has been appointed,

21-29 pursuant to subsection 1, retains counsel and notifies the court of [such] the

21-30 retention, the court shall [thereupon] enter an order relieving the court-

21-31 appointed attorney of further obligation to represent [such] the person.

21-32 Sec. 132. NRS 136.220 is hereby amended to read as follows:

21-33 136.220 A copy of [the record of] the will and [decree] order admitting

21-34 it to probate, certified by the clerk in whose custody it may be, [shall] must

21-35 be received in evidence and be as effectual in all cases as the original will

21-36 would be if proved.

21-37 Sec. 133. NRS 136.230 is hereby amended to read as follows:

21-38 136.230 [Whenever any will shall be] If a will is lost by accident or

21-39 destroyed by fraud without the knowledge of the testator, the [district court

21-40 shall have power to] court may take proof of the execution and validity of

21-41 the will and [to establish the same,] establish it, after notice is given to all

21-42 persons , [having first been given,] as prescribed [in cases of] for proof of

21-43 wills in other cases.

22-1 Sec. 134. NRS 136.240 is hereby amended to read as follows:

22-2 136.240 1. The petition for the probate of a lost or destroyed will

22-3 must include a copy of the will, or if no copy is available state, or be

22-4 accompanied by a written statement of, the testamentary words, or the

22-5 substance thereof. [If the will is established the provisions thereof must be

22-6 set forth in the order admitting the will to probate, and the order must be so

22-7 entered at length in the minutes or a written order signed, filed and

22-8 recorded.

22-9 2. The testimony of each witness must be reduced to writing, signed by

22-10 him and filed, and shall be admissible in evidence in any contest of the will,

22-11 if a witness has died or has permanently removed from the state.

22-12 3. No will shall be allowed to]

22-13 2. If offered for probate, a lost or destroyed will must be proved in

22-14 the same manner as other wills are proved under this chapter.

22-15 3. In addition, no will may be proved as a lost or destroyed will unless

22-16 [the same shall be] it is proved to have been in existence at the death of the

22-17 person whose will it is claimed to be, or [be] is shown to have been

22-18 fraudulently destroyed in the lifetime of [such] that person, nor unless its

22-19 provisions [shall be] are clearly and distinctly proved by at least two

22-20 credible witnesses.

22-21 4. The testimony of each witness must be reduced to writing, signed

22-22 by the witness and filed, and is admissible in evidence in any contest of

22-23 the will if the witness has died or permanently moved from the state.

22-24 5. If the will is established, its provisions must be set forth

22-25 specifically in the order admitting it to probate, or a copy of the will must

22-26 be attached to the order.

22-27 Sec. 135. NRS 136.250 is hereby amended to read as follows:

22-28 136.250 If, before or during the pendency of an application to prove a

22-29 lost or destroyed will, letters of administration [shall] have been granted

22-30 upon the estate of the [deceased,] decedent, or letters testamentary of any

22-31 previous will of the [deceased,] decedent, the court [shall have authority to]

22-32 may restrain the administration if necessary to protect the interests of

22-33 [legatees or] devisees claiming under the lost or destroyed will.

22-34 Sec. 136. NRS 136.260 is hereby amended to read as follows:

22-35 136.260 1. A will duly proved, allowed and admitted to probate

22-36 outside of this state may be admitted to probate and recorded in the proper

22-37 court of any county in this state in which the testator [shall have] left any

22-38 estate.

22-39 2. When a copy of the will and the order admitting it to probate ,

22-40 [thereof,] duly certified, [shall be] are presented by the executor, [his

22-41 nominee, or by any other person interested in the will,] a nominee or any

22-42 other interested person, with a petition for probate, the [same] order and

22-43 copy must be filed , and the clerk shall set a time [must be appointed] for a

23-1 hearing thereon , and notice must be given as required by law on a petition

23-2 for the original probate of a domestic will [.] pursuant to NRS 136.100.

23-3 3. If, upon the hearing, it appears to the satisfaction of the court that

23-4 the will has been duly proved and admitted to probate outside [of] this

23-5 state, and that it was executed according to the law of the place in which

23-6 [the same] it was made, or in which the testator was at the time domiciled,

23-7 or in conformity with the laws of this state, it must be admitted to probate [,

23-8 which probate shall have] with the same force and effect as the original

23-9 probate of a domestic will.

23-10 4. [When a duly] If a certified copy of a will from any jurisdiction

23-11 where probate is not required by the laws of that jurisdiction, with the

23-12 certificate of the legal custodian of the original will that the [same] certified

23-13 copy is a true copy [,] and that the will has become operative by the laws of

23-14 that jurisdiction, [and when] or a copy of a notarial will in possession of a

23-15 notary in a foreign jurisdiction entitled to the custody [thereof (] of the will

23-16 and required by the laws of [which jurisdiction require that the will remain

23-17 in the custody of the notary),] that jurisdiction to retain custody of it, duly

23-18 certified by the notary, is presented by the [executor,] personal

23-19 representative, his nominee [, or other persons] or another interested

23-20 person to the proper court in this state, the [court shall appoint] clerk shall

23-21 set a time [and place of] for a hearing thereon, and notice [thereof shall]

23-22 must be given as [in case of an original will presented for probate.]

23-23 required by law on a petition for the original probate of a domestic will.

23-24 5. If it [appear] appears to the court that the [instrument ought to] will

23-25 should be admitted to probate in this state, as the last will and testament of

23-26 the [deceased,] decedent, the copy [shall] must be filed [and recorded,]

23-27 with the clerk, and the will [shall have] has the same effect as if originally

23-28 proved and admitted to probate in the court [.] of this state.

23-29 Sec. 137. Chapter 137 of NRS is hereby amended by adding thereto a

23-30 new section to read as follows:

23-31 An appeal from a final order determining the contest of a will is

23-32 governed by the Nevada Rules of Appellate Procedure. A party may make

23-33 any motion after the determination that is provided by the Nevada Rules

23-34 of Civil Procedure.

23-35 Sec. 138. NRS 137.010 is hereby amended to read as follows:

23-36 137.010 1. The attorney general or any interested person ,

23-37 [interested,] including a devisee [or legatee] under a former will, may

23-38 contest the will by filing written grounds of opposition to the probate

23-39 thereof at any time before the hearing of the petition for probate . [, and

23-40 thereupon a citation shall be issued] Personal notice must then be given by

23-41 a citation directed to the heirs of the decedent and to all interested persons

23-42 , [interested in the will,] including minors and [incompetents,]

23-43 incapacitated persons, wherever residing, directing them to plead to the

24-1 contest within 30 days after service of the citation [which shall be made

24-2 personally or by publication in the manner provided by the Nevada Rules

24-3 of Civil Procedure for the service of summons in civil actions.

24-4 2. Any] in the manner provided in NRS 155.050.

24-5 2. A person so served may interpose any defense or objection to the

24-6 contest by any motion authorized by the Nevada Rules of Civil Procedure

24-7 in civil actions. If the motion is granted, the court may allow the contestant

24-8 10 days within which to amend [his] the contest. If the motion is denied,

24-9 the petitioner and [others interested,] other interested persons, within 10

24-10 days after the receipt of written notice thereof, may jointly or separately

24-11 answer the contest. The times [herein mentioned] specified in this section

24-12 may be extended by the court . [or judge.]

24-13 Sec. 139. NRS 137.020 is hereby amended to read as follows:

24-14 137.020 1. [On the trial, the] In the contest, the contestant is plaintiff

24-15 and the petitioner is defendant. The written grounds of opposition [shall]

24-16 constitute a pleading and [be] are subject to the same rules governing

24-17 pleadings as in the case of complaint in [an ordinary] a civil action.

24-18 2. [Any] An issue of fact involving the competency of the decedent to

24-19 make a [last will and testament,] will, the freedom of the decedent at the

24-20 time of the execution of the will from duress, menace, fraud or undue

24-21 influence, the due execution and attestation of the will, or any other

24-22 question substantially affecting the validity of the will, [shall] must be tried

24-23 by the court unless one of the parties demands a jury. The party demanding

24-24 the jury shall advance the jury costs.

24-25 3. Upon the determination of the contest, costs [shall] must be awarded

24-26 in accordance with the provisions of chapter 18 of NRS.

24-27 Sec. 140. NRS 137.030 is hereby amended to read as follows:

24-28 137.030 [On the trial,] In the contest, the testimony as to the

24-29 declaration of a testator [shall be] is admissible if contemporaneous with

24-30 the execution of the will insofar as the [same may relate] will relates to the

24-31 testator’s intention , [of the testator, his] state of mind, [his] feelings,

24-32 competency, and the existence or nonexistence of duress and undue

24-33 influence.

24-34 Sec. 141. NRS 137.040 is hereby amended to read as follows:

24-35 137.040 If the will is contested, all the subscribing witnesses who are

24-36 present in the county and who are of sound mind must be produced and

24-37 examined , [;] or the death, absence or [insanity] incapacity of any of them

24-38 must be satisfactorily shown to the court. If none of the subscribing

24-39 witnesses resides in the county, and the evidence of none of them can be

24-40 produced, the court may admit the evidence of other witnesses to prove the

24-41 due execution of the will [;] and, as evidence of the execution, it may admit

24-42 proof of the handwriting of the testator and of any of the subscribing

24-43 witnesses.

25-1 Sec. 142. NRS 137.060 is hereby amended to read as follows:

25-2 137.060 If the court [shall be] is satisfied upon the proof taken when

25-3 heard by the court, or by the verdict of a jury [in case] if a jury is had, that

25-4 the will was duly executed by [a person] the testator, who was at the time

25-5 of sound and disposing mind and not under duress, menace, undue

25-6 influence or fraudulent representation, the court, by [decree] order in

25-7 writing, shall admit the will to probate . [, whereupon the will and decree

25-8 admitting it to probate shall be recorded together by the clerk in a book to

25-9 be provided for that purpose.]

25-10 Sec. 143. NRS 137.070 is hereby amended to read as follows:

25-11 137.070 The testimony of each subscribing witness who has testified

25-12 must be reduced to writing, signed [by him] in the form of an affidavit or

25-13 deposition and filed [, and shall be] with the court, and is admissible in

25-14 evidence in any subsequent contest of the will if the witness has died or has

25-15 permanently [removed] moved from the state.

25-16 Sec. 144. NRS 137.080 is hereby amended to read as follows:

25-17 137.080 [When] After a will has been admitted to probate , any

25-18 interested person other than a party to a contest before probate [and other

25-19 than] or a person who had actual notice of [such] the previous contest in

25-20 time to have joined therein [,] may, at any time within 3 months after

25-21 [admission of such] the order is entered admitting the will to probate,

25-22 contest the [same] admission or the validity of the will. [For that purpose

25-23 he must file in] The contestant must file with the court in which the will

25-24 was proved a petition [in writing, duly verified, containing his] containing

25-25 the allegations of the contestant against the validity of the will or against

25-26 the sufficiency of the proof, and [praying] requesting that the probate be

25-27 revoked.

25-28 Sec. 145. NRS 137.090 is hereby amended to read as follows:

25-29 137.090 Upon filing the petition, and within the time allowed for filing

25-30 the petition, a citation must be issued, directed to the [executor of the will,

25-31 or the administrator with the will annexed,] personal representative and to

25-32 all the devisees [and legatees] mentioned in the will, and the heirs, so far as

25-33 known to the petitioner, including minors and [incompetents,]

25-34 incapacitated persons, or the personal representative of any such person

25-35 who is dead, directing them to plead to the contest within 30 days after

25-36 service of the citation.

25-37 Sec. 146. NRS 137.100 is hereby amended to read as follows:

25-38 137.100 The citation [shall] must be served and proceedings had

25-39 thereunder as in the case of a contest before probate. If the jury [shall find]

25-40 finds or the court [shall decide] decides that the will is invalid or is not the

25-41 last will of the testator, the court shall enter an order revoking the probate

25-42 of the will and letters testamentary. Thereupon the powers of the [executor

25-43 or administrator with the will annexed cease;] personal representative

26-1 cease, but [he shall not be] the personal representative is not liable for any

26-2 act done in good faith [previous to] before the revocation.

26-3 Sec. 147. NRS 137.110 is hereby amended to read as follows:

26-4 137.110 If the probate is not revoked , the costs of trial must be paid

26-5 by the contestant. If the probate is revoked , the costs must be paid by the

26-6 party who resisted the revocation or out of the property of the decedent, as

26-7 the court may direct [.] in accordance with the provisions of chapter 18 of

26-8 NRS.

26-9 Sec. 148. NRS 137.130 is hereby amended to read as follows:

26-10 137.130 Failure to contest a will does not preclude the subsequent

26-11 probate of a will executed later in point of time than the one [heretofore]

26-12 previously admitted to probate.

26-13 Sec. 149. NRS 138.010 is hereby amended to read as follows:

26-14 138.010 1. If [any will shall have] a will has been admitted to

26-15 probate, the [district] court shall direct letters thereon to issue to the

26-16 [person or persons] personal representative named in the will , [to execute

26-17 the same, who may be competent to discharge the trust, and] who shall

26-18 appear and qualify.

26-19 2. No person has any power as [an executor] a personal representative

26-20 until he qualifies, except that, before letters are issued, he may pay the

26-21 funeral charges and take necessary measures for the preservation of the

26-22 estate.

26-23 Sec. 150. NRS 138.020 is hereby amended to read as follows:

26-24 138.020 1. No person is [competent] qualified to serve as an

26-25 executor [or executrix] who, at the time the will is probated:

26-26 (a) Is under the age of majority;

26-27 (b) Has been convicted of a felony;

26-28 (c) Upon proof, is adjudged by the court [incompetent] disqualified to

26-29 execute the duties of [the trust] executor by reason of drunkenness,

26-30 improvidence [, or want] or lack of integrity or understanding; or

26-31 (d) Is a bank [whose principal place of business is not] not authorized to

26-32 do business in the State of Nevada, unless it associates as coexecutor a

26-33 bank [whose principal place of business is] authorized to do business in

26-34 this state. An out-of-state bank is [competent] qualified to appoint a

26-35 substitute executor , [or executrix,] pursuant to NRS 138.045, without

26-36 forming such an association, but any natural person so appointed [shall]

26-37 must be a resident of this state.

26-38 2. If [any such person be] a disqualified person is named as the sole

26-39 executor [or executrix in any] in a will, or if all persons so named are

26-40 [incompetent, or shall renounce the trust,] disqualified or renounce their

26-41 right to act, or fail to appear and qualify, letters of administration with the

26-42 will annexed [shall] must issue.

27-1 Sec. 151. NRS 138.040 is hereby amended to read as follows:

27-2 138.040 [When] If it appears by the terms of a will that it was the

27-3 intention of the testator to commit the execution [thereof] of the will and

27-4 the administration of [his] the estate of the testator to any person as

27-5 executor, [such] that person, although not named executor, is entitled to

27-6 letters testamentary in like manner as if [he] that person had been named

27-7 executor.

27-8 Sec. 152. NRS 138.045 is hereby amended to read as follows:

27-9 138.045 1. [Any] A person who is named as executor under a will,

27-10 either alone or with another or others, who is [not incompetent by virtue of]

27-11 otherwise qualified to act under NRS 138.020, may appoint a substitute if:

27-12 (a) The person [so] named in the will is unwilling or unable to undertake

27-13 or continue the execution of the will; and

27-14 (b) The testator has not designated an alternate to serve in place of the

27-15 named executor, or [that] alternate designated in the will is unwilling or

27-16 unable to serve.

27-17 2. A person named as alternate executor who is not [incompetent by

27-18 virtue of] disqualified under NRS 138.020 may appoint a substitute if:

27-19 (a) The named alternate is unwilling or unable to undertake or continue

27-20 the execution of the will; and

27-21 (b) A named executor is [incompetent] disqualified or has not

27-22 designated a substitute within 30 days after being notified that the named

27-23 alternate is unwilling or unable to serve.

27-24 3. [Any] A qualified person who alone is named as the executor under

27-25 a will [and is not incompetent] may appoint a coexecutor if:

27-26 (a) The person [so] named is unwilling or unable to undertake or

27-27 continue the sole execution of the will; and

27-28 (b) The testator has not designated an alternate to serve in place of the

27-29 named executor, or that the named alternate is unwilling or unable to serve.

27-30 4. The substitute or coexecutor, unless otherwise disqualified under

27-31 this chapter, is entitled to letters testamentary in like manner as if [he] the

27-32 substitute or coexecutor had been named in the will.

27-33 Sec. 153. NRS 138.050 is hereby amended to read as follows:

27-34 138.050 [When] If the executor named in the will is a corporation or

27-35 national banking association that has sold its business and assets to, or has

27-36 consolidated or merged with, or is in any manner provided by law

27-37 succeeded by , another corporation or national banking association

27-38 authorized and qualified to act as executor, the court may issue letters

27-39 thereon to the successor corporation or association [.] as if the successor

27-40 were named in the will.

27-41 Sec. 154. NRS 138.060 is hereby amended to read as follows:

27-42 138.060 1. [Any person interested in a will] An interested person

27-43 may file objections in writing to the granting of letters testamentary to the

28-1 person or persons named as executors, or any of them, and [such objections

28-2 shall] those objections must be heard and determined by the court.

28-3 2. A petition may also be filed for the issuance of letters of

28-4 administration, with the will annexed, in all proper cases.

28-5 Sec. 155. NRS 138.070 is hereby amended to read as follows:

28-6 138.070 1. No executor of the will of [an executor shall, as such, be]

28-7 a deceased executor, as such, is authorized to administer the estate of the

28-8 first testator, but [,] on the death of the sole or surviving executor [or

28-9 executrix] of any last will, letters of administration with the will annexed of

28-10 the estate of the first testator [or testatrix] left unadministered [shall] must

28-11 be issued. If no executor is named in the will, or if the sole executor or all

28-12 the executors named therein are dead or [incompetent,] incapacitated, or

28-13 neglect or fail to apply for letters, or to appear and qualify, or die after the

28-14 issuance of letters and before the completion of the administration, letters

28-15 of administration with the will annexed [shall] must be granted.

28-16 2. The account of a deceased [executor or administrator] personal

28-17 representative may be [closed, his trust] settled, duties may be terminated,

28-18 and [his bondsmen] sureties may be released of liability subsequently

28-19 incurred, upon the petition of either the attorney who represented [him] the

28-20 deceased personal representative in the probate or administration

28-21 [proceedings] or upon the petition of any of [his bondsmen or] the sureties,

28-22 and upon such notice as the court [shall direct.] directs.

28-23 Sec. 156. NRS 138.080 is hereby amended to read as follows:

28-24 138.080 [When] If all the persons named as executors [shall not be]

28-25 are not appointed by the court, [such as shall be appointed shall] those

28-26 appointed have the same authority to perform every act and discharge

28-27 every [trust] duty required by the will, and their acts [shall be] are effectual

28-28 for every purpose as if all had been appointed . [, and should act together.]

28-29 Sec. 157. NRS 138.090 is hereby amended to read as follows:

28-30 138.090 1. Administrators with the will annexed [shall] have the

28-31 same authority as the executor named in the will would have had if [he

28-32 should have] the executor had qualified, and their acts [shall be] are as

28-33 effectual for every purpose, but if the power or authority conferred upon

28-34 the executor is discretionary, and is not conferred by law, it [shall not be

28-35 deemed to be] is not conferred upon an administrator with the will annexed.

28-36 2. Persons and their nominees and appointees are entitled to

28-37 appointment as administrators with the will annexed in the same order of

28-38 priority as in the appointment of administrators, except that, as to foreign

28-39 letters, [a person who is interested in the will] an interested person has

28-40 priority over one who is not.

28-41 Sec. 158. NRS 139.010 is hereby amended to read as follows:

28-42 139.010 No person [shall be] is entitled to letters of administration [:

28-43 1. Who shall be] who:

29-1 1. Is under the age of majority; [or

29-2 2. Who shall have]

29-3 2. Has been convicted of a felony; [or

29-4 3. Who, upon proof, shall be]

29-5 3. Upon proof, is adjudged by the court [incompetent to execute the

29-6 duties of the trust] disqualified by reason of drunkenness, improvidence [,

29-7 or want] or lack of integrity or understanding; or

29-8 4. [Who is] Is not a resident of the State of Nevada or which, in the

29-9 case of a banking corporation, [does not have its principal place of] is not

29-10 authorized to do business in this state or does not associate as

29-11 coadministrator a banking corporation [whose principal place of business

29-12 is] authorized to do business in this state.

29-13 Sec. 159. NRS 139.030 is hereby amended to read as follows:

29-14 139.030 The surviving partner of a decedent must not be appointed

29-15 administrator of the estate if any interested person [interested in the estate]

29-16 objects to [his] the appointment.

29-17 Sec. 160. NRS 139.040 is hereby amended to read as follows:

29-18 139.040 1. Administration of the intestate estate of a [person dying

29-19 intestate shall] decedent must be granted to [some] one or more of the

29-20 persons [hereinafter mentioned, and they shall be] mentioned in this

29-21 section, and they are respectively entitled to priority for appointment in

29-22 the following order:

29-23 (a) The surviving [husband or wife.] spouse.

29-24 (b) The children.

29-25 (c) The father or the mother.

29-26 (d) The brother or the sister.

29-27 (e) The grandchildren.

29-28 (f) Any other of the kindred entitled to share in the distribution of the

29-29 estate.

29-30 (g) Creditors who have become such during the lifetime of the deceased.

29-31 (h) The public administrator.

29-32 (i) Any of the kindred not above enumerated, within the fourth degree of

29-33 consanguinity.

29-34 (j) Any person or persons legally [competent.] qualified.

29-35 2. A person in each of the foregoing classes is entitled:

29-36 (a) To appointment, if [such person] he is a resident of the State of

29-37 Nevada or is a banking corporation [whose principal place of business is]

29-38 which is authorized to do business in this state or which associates as

29-39 coadministrator a banking corporation [whose principal place of business

29-40 is] authorized to do business in this state.

29-41 (b) To nominate a resident of the State of Nevada or a qualified banking

29-42 corporation for appointment, whether or not the nominator is a resident of

29-43 the State of Nevada or a qualified banking corporation. The nominee [shall

30-1 have] has the same priority as [his nominator. Such] the nominator. That

30-2 priority is independent of the residence or corporate qualification of the

30-3 nominator.

30-4 Sec. 161. NRS 139.050 is hereby amended to read as follows:

30-5 139.050 Administration may be granted upon petition to one or more

30-6 [competent] qualified persons, although not otherwise entitled to [the

30-7 same,] serve, at the written request of the person entitled, filed in the court.

30-8 Sec. 162. NRS 139.080 is hereby amended to read as follows:

30-9 139.080 Letters of administration may be granted to any [applicant,

30-10 though it appear] petitioner, even if it appears that there are other persons

30-11 having [better rights to the administration, when such] priority for

30-12 appointment, if the latter fail to appear and claim the issuance of letters to

30-13 themselves [.] after receiving due notice of the proceeding.

30-14 Sec. 163. NRS 139.090 is hereby amended to read as follows:

30-15 139.090 1. A petition for letters of administration must be in writing,

30-16 signed by the [applicant or his counsel,] petitioner or the attorney for the

30-17 petitioner and filed with the clerk of the court, and must state:

30-18 (a) The jurisdictional facts;

30-19 (b) The names [, ages and post office] and addresses of the heirs of the

30-20 decedent and their relationship to the decedent, so far as known to the

30-21 [applicant;] petitioner, and the age of any who is a minor;

30-22 (c) The character and estimated value of the property of the estate; and

30-23 (d) That the [applicant] person to be appointed as administrator has

30-24 never been convicted of a felony.

30-25 2. No defect of form or in the statement of jurisdictional facts actually

30-26 existing voids an order appointing an administrator or any of the

30-27 subsequent proceedings.

30-28 Sec. 164. NRS 139.100 is hereby amended to read as follows:

30-29 139.100 The clerk shall set the petition for hearing, and notice must be

30-30 given to the heirs of the decedent [named in the petition] and to the

30-31 administrator of the welfare division of the department of human resources

30-32 as provided in NRS 155.020. The notice must state the filing of the

30-33 petition, the object and the time for hearing.

30-34 Sec. 165. NRS 139.110 is hereby amended to read as follows:

30-35 139.110 [Any person] An interested person may contest the

30-36 [application] petition by filing a written opposition [thereto] on the ground

30-37 [of the incompetency of the applicant,] that the petitioner is not qualified

30-38 or may assert [his] the contestant’s own right to the administration and

30-39 [pray] request that letters be issued to [himself.] the contestant. In the

30-40 latter case, [he] the contestant must file a petition and give the notice

30-41 required for the original petition, and the court must hear the two petitions

30-42 together.

31-1 Sec. 166. NRS 139.120 is hereby amended to read as follows:

31-2 139.120 Before letters are granted , the fact of death [, which may be

31-3 proved by affidavit when the death took place outside of the state,] and that

31-4 the decedent died intestate, and that notice has been given as required in

31-5 this chapter, must be proved by the evidence of the [applicant] petitioner or

31-6 others . [; and the] The court may also examine the [applicant] petitioner or

31-7 any other person concerning the time, place and manner of death, the place

31-8 of the decedent’s residence at the time [,] of death, the character and value

31-9 of his property, and whether or not the decedent left [any] a will, and the

31-10 court may compel any person to attend as a witness for that purpose.

31-11 Sec. 167. NRS 139.130 is hereby amended to read as follows:

31-12 139.130 An entry in the minutes or in the written order appointing the

31-13 administrator [, signed by the judge,] that proof was made and that notice

31-14 had been given according to law [shall be] is conclusive evidence of the

31-15 fact of such notice.

31-16 Sec. 168. NRS 139.140 is hereby amended to read as follows:

31-17 139.140 When letters of administration have been granted to any

31-18 [other] person other than the surviving [husband or wife, or his or her]

31-19 spouse or the spouse’s nominee, or the child, [the] father, mother, brother

31-20 or sister of the [intestate,] decedent, any one of them , if otherwise

31-21 qualified, may obtain the revocation of the letters by presenting to the

31-22 [district] court a petition [praying] requesting the revocation, and that

31-23 letters of administration be issued to [him or her.] the petitioner.

31-24 Sec. 169. NRS 139.150 is hereby amended to read as follows:

31-25 139.150 1. [When such] If a petition for revocation is filed, [the

31-26 clerk shall give] notice [,] must be given as in the case of an original

31-27 [application, and shall issue] petition, and the petitioner shall serve a

31-28 citation [to] on the administrator to appear and answer the petition at the

31-29 time appointed for the hearing. The citation must be served on the

31-30 administrator in accordance with NRS 155.050 at least 10 days before

31-31 the date of the hearing.

31-32 2. At the time appointed, upon proof that the citation, together with a

31-33 copy of the petition, has been duly served and notice given as [above

31-34 required,] required in subsection 1, the court shall take evidence upon the

31-35 petition, and if the right of the [applicant] petitioner is established, and he

31-36 is [competent,] qualified, letters of administration [shall] must be granted

31-37 to him and the letters of the former administrator revoked. The former

31-38 administrator shall promptly file an accounting in accordance with NRS

31-39 150.080.

31-40 Sec. 170. NRS 139.160 is hereby amended to read as follows:

31-41 139.160 The surviving spouse, or nominee of the surviving spouse,

31-42 when letters of administration have been granted to a child, parent, brother

31-43 or sister of the [intestate;] decedent, or any of [such] those relatives, when

32-1 letters have been granted to any other of them, may assert [his] the prior

32-2 right [,] of the spouse or nominee, and obtain letters of administration, and

32-3 have the previous letters [before granted] revoked in the manner prescribed

32-4 in NRS 139.150.

32-5 Sec. 171. NRS 139.170 is hereby amended to read as follows:

32-6 139.170 The court [, in its discretion,] may refuse to grant letters of

32-7 administration as provided in this chapter to any person or to the nominee

32-8 of any person who had actual notice of the first [application] petition and

32-9 an opportunity to contest [the same.] it.

32-10 Sec. 172. NRS 140.010 is hereby amended to read as follows:

32-11 140.010 The [district judge] court shall appoint a special administrator

32-12 to collect and take charge of the estate of the [deceased,] decedent, in

32-13 whatever county or counties the [same] estate may be found, and to

32-14 exercise such other powers as may be necessary to preserve the estate:

32-15 1. [When there shall be] If there is a delay in granting letters

32-16 testamentary or letters of administration, from any cause.

32-17 2. [When] If letters are granted irregularly.

32-18 3. [When] If no sufficient bond is filed as required by [law.] the court.

32-19 4. [When] If no petition is filed for letters.

32-20 5. [When] If an executor or administrator dies or is suspended or

32-21 removed, and the circumstances of the estate require the immediate

32-22 appointment of a personal representative.

32-23 6. If there may be no assets subject to administration but good cause

32-24 exists for the appointment of a personal representative of the decedent.

32-25 7. In any other proper case.

32-26 Sec. 173. NRS 140.020 is hereby amended to read as follows:

32-27 140.020 1. The appointment of a special administrator may be made

32-28 at chambers [,] or in open court, and without notice or upon such notice to

32-29 such [of the persons interested in the estate] interested persons as the court

32-30 [or judge may deem] deems reasonable, and [shall] must be made by entry

32-31 upon the minutes of the court or by written order signed and filed, which

32-32 [shall] must specify the powers to be exercised by the special administrator.

32-33 2. Upon the filing of the order , [being entered,] and after the person

32-34 appointed has given bond [as] if fixed by the [judge,] court, the clerk shall

32-35 issue special letters of administration, with a [certified] copy of the order

32-36 attached . [, to the person appointed.]

32-37 3. In making the appointment of a special administrator , the [district

32-38 judge shall] court may give preference to the person or persons entitled to

32-39 letters testamentary or letters of administration, but no appeal [shall be

32-40 allowed] may be taken from the appointment.

32-41 Sec. 174. NRS 140.030 is hereby amended to read as follows:

32-42 140.030 Before letters issue to a person as a special administrator [he]

32-43 , the person must:

33-1 1. Give bond in such sum as the court [or judge may direct,] directs,

33-2 with sureties to the satisfaction of the court , [or judge,] conditioned for the

33-3 faithful performance of [his duties ;] the duties, unless the court waives

33-4 bond; and

33-5 2. Take the usual oath [and have the same endorsed on his letters.

33-6 Thereupon the clerk shall issue special letters of administration to him.] of

33-7 office.

33-8 Sec. 175. NRS 140.040 is hereby amended to read as follows:

33-9 140.040 1. A special administrator shall:

33-10 (a) Collect and preserve for the executor or administrator when

33-11 appointed all the goods, chattels and [debts] receivables of the deceased,

33-12 and all incomes, rents, issues, profits, claims and demands of the estate.

33-13 (b) Take charge and management of the real property and enter upon

33-14 and preserve it from damage, waste and injury.

33-15 2. A special administrator may:

33-16 (a) For all necessary purposes, commence, maintain or defend [suits]

33-17 actions and other legal proceedings as [an administrator.] a personal

33-18 representative.

33-19 (b) Without prior order of the court, sell any perishable property of the

33-20 estate, as provided in NRS 148.170.

33-21 (c) Exercise such other powers as [may] have been conferred [upon him]

33-22 by the order of appointment.

33-23 (d) Obtain leave of the court to borrow money or to lease or mortgage

33-24 [or execute a deed of trust upon] real property in the same manner as [a

33-25 general] an executor or administrator.

33-26 3. A special administrator is not liable:

33-27 (a) To [an action by] any creditor on any claim against the estate; or

33-28 (b) [To pay] For any claim against the deceased except [for] a claim

33-29 involving wrongful death, personal injury or property damage [where] if

33-30 the estate contains no assets other than a policy of liability insurance.

33-31 Sec. 176. NRS 140.050 is hereby amended to read as follows:

33-32 140.050 1. If any property in [charge] the control or possession of a

33-33 special administrator is subject to a mortgage [, lien or deed of trust,] or

33-34 lien to secure the payment of money, and there is danger that the holder of

33-35 the security may enforce or foreclose the [same,] encumbrance, and the

33-36 value of the property exceeds [in value] the amount of the obligation

33-37 thereon, then, upon petition of the special administrator or [of anyone

33-38 interested in the estate] an interested person and upon such notice as the

33-39 court [or judge shall deem] deems proper, the court [or judge] may

33-40 authorize or direct the special administrator to [pay the interest due] make

33-41 one or more payments on all or any part of the amount so secured.

33-42 2. The order may also direct that interest not yet accrued be paid as it

33-43 becomes due, and the order shall remain in effect and cover such future

34-1 interest unless and until for good cause set aside or modified by the court

34-2 upon petition and notice, in the same manner as [a general] an executor or

34-3 administrator.

34-4 Sec. 177. NRS 140.060 is hereby amended to read as follows:

34-5 140.060 1. [When] If a special administrator is appointed pending

34-6 determination of a contest of a will instituted [prior to the probate thereof,]

34-7 before it is admitted to probate, or pending an appeal from an order

34-8 appointing, suspending or removing an executor or administrator, the

34-9 special administrator [shall have] has the same powers, duties and

34-10 obligations as [a general] an executor or administrator, and the letters of

34-11 administration issued to him [shall] must recite that the special

34-12 administrator is appointed with [the powers of a general administrator.]

34-13 those powers.

34-14 2. If a special administrator has been appointed, and thereafter a

34-15 proceeding to contest a will [prior to the probate thereof] before it is

34-16 admitted to probate has been instituted, the court shall [make] enter an

34-17 order [providing that] granting to the special administrator [shall thereafter

34-18 have] the additional powers, duties and obligations of [a general] an

34-19 executor or administrator and requiring [that he give] such additional bond

34-20 as the court deems proper. The order is not appealable . [, and from the

34-21 time of the approving and filing of any additional bond as may be required,

34-22 the special administrator shall have the powers, duties and obligations of a

34-23 general administrator.]

34-24 Sec. 178. NRS 140.070 is hereby amended to read as follows:

34-25 140.070 [When] If letters testamentary or letters of administration

34-26 [shall be granted on the estate of the deceased,] are granted, the powers of

34-27 [the] a special administrator [shall] cease, and [he shall forthwith] the

34-28 special administrator shall immediately deliver to the executor or

34-29 administrator all the property and effects of the deceased in [his hands,] the

34-30 possession of the special administrator and the executor or administrator

34-31 may prosecute to final judgment any [suit] action commenced by the

34-32 special administrator.

34-33 Sec. 179. NRS 140.080 is hereby amended to read as follows:

34-34 140.080 [The] A special administrator shall also render an account,

34-35 under oath, of [his] the proceedings in like manner as other administrators

34-36 are required to do , [;] but if a person serving as special administrator is

34-37 appointed the succeeding [general] administrator or the executor, the

34-38 accounting otherwise due from [him as] the special administrator may be

34-39 included in [his] the first accounting as [general] administrator or executor.

34-40 Sec. 180. Chapter 141 of NRS is hereby amended by adding thereto

34-41 the provisions set forth as sections 181 and 182 of this act.

35-1 Sec. 181. Letters of special administration may be in substantially

35-2 the following form, after properly entitling the court:

35-3 In the Matter of the Estate of )

35-4 ) Case No.

35-5 )

35-6 deceased. ) Letters of Special Administration

35-7 )

35-8 On _____ (day) _____ (month) _____ (year), the court entered an

35-9 order (admitting the decedent’s will to probate and) appointing

      (name)       as special administrator of the decedent’s estate. The

35-10 order includes:

35-11 [ ] a directive for the establishment of a blocked account for sums in

35-12 excess of $__;

35-13 [ ] a directive for the posting of bond in the sum of $___; or

35-14 [ ] a directive for both the establishment of a blocked account for

35-15 sums in excess of $___ and the posting of bond in the sum of $___.

35-16 The special administrator, after being duly qualified, may act and has

35-17 the authority and duties of special administrator.

35-18 In testimony of which, I have this date signed these letters and affixed

35-19 the seal of the court.

35-20 CLERK OF THE COURT

35-21 By

35-22 Deputy Clerk (date)

35-23 OATH

35-24 I, ______________________________________, whose mailing

35-25 address is __________________________________________, solemnly

35-26 affirm that I will faithfully perform according to law the duties of special

35-27 administrator, and that all matters stated in any petition or paper filed

35-28 with the court by me are true of my own knowledge or, if any matters are

35-29 stated on information and belief, I believe them to be true.

35-30

35-31 Special Administrator

35-32 SUBSCRIBED AND AFFIRMED before me this _____ day
35-33 of ______________, ____.

35-34 CLERK OF COURT

35-35 By

35-36 Deputy Clerk

35-37 (or)

35-38 NOTARY PUBLIC

35-39 County of __________ State of

36-1 Sec. 182. After receipt of notice of a

36-2 proceeding to suspend or remove a person as personal representative, the

36-3 person shall not act except to account, correct malfeasance or

36-4 misfeasance of administration, or preserve the estate. If removal is

36-5 ordered, the court shall also order the disposition or transfer of the assets

36-6 remaining in the name or under the control of the personal

36-7 representative being removed.

36-8 Sec. 183. NRS 141.010 is hereby amended to read as follows:

36-9 141.010 Letters testamentary, letters of administration with the will

36-10 annexed, letters of special administration, and letters of administration

36-11 [shall] must be signed by the clerk and [shall be] under the seal of the

36-12 court.

36-13 Sec. 184. NRS 141.020 is hereby amended to read as follows:

36-14 141.020 Letters testamentary may be in substantially the following

36-15 form , [(] after properly entitling the court [and cause): "The last will of

36-16 ................, deceased, having been duly admitted to probate in our court,

36-17 ................, who is named therein, was by our court on the ..... day of ........,

36-18 ........, duly appointed executor, who, having qualified as such, is hereby

36-19 authorized to act by virtue thereof. In testimony whereof, I have officially

36-20 signed these letters and affixed hereto the seal of the court, this ..... day of

36-21 ........, ........"] :

36-22 In the Matter of the Estate of )

36-23 ) Case No.

36-24 )

36-25 deceased. ) Letters Testamentary

36-26 )

36-27 On _____ (day) _____ (month) _____ (year), the court entered an

36-28 order admitting the decedent’s will to probate and appointing

      (name)       as executor of the decedent’s estate. The order includes:

36-29 [ ] a directive for the establishment of a blocked account for sums in

36-30 excess of $___; or

36-31 [ ] a directive for the posting of a bond in the sum of $_____, or both.

36-32 The executor, after being duly qualified, may act and has the authority

36-33 and duties of an executor.

36-34 In testimony of which, I have this date signed these letters and affixed

36-35 the seal of the court.

36-36 CLERK OF THE COURT

36-37 By

36-38 Deputy Clerk (date)

37-1 OATH

37-2 I,____________________________________, whose mailing address

37-3 is _______________________________________, solemnly affirm that I

37-4 will faithfully perform according to law the duties of executor, and that

37-5 all matters stated in any petition or paper filed with the court by me are

37-6 true of my own knowledge or, if any matters are stated on information

37-7 and belief, I believe them to be true.

37-8

37-9 Executor

37-10 SUBSCRIBED AND AFFIRMED before me this ______ day
37-11 of ______________, ____.

37-12 CLERK OF COURT

37-13 By

37-14 Deputy Clerk

37-15 (or)

37-16 NOTARY PUBLIC

37-17 County of __________ State of

37-18 Sec. 185. NRS 141.030 is hereby amended to read as follows:

37-19 141.030 Letters of administration with the will annexed may be in

37-20 substantially [in] the following form , [(] after properly entitling the court

37-21 [and cause): "The last will of ................, deceased, having been duly

37-22 admitted to probate in our court, and there being no executor named in the

37-23 will (or as the case may be), ................ was by our court, on the ..... day of

37-24 ........, ........, duly appointed as administrator with the will annexed, and

37-25 who, having duly qualified as such, is hereby authorized to act by virtue

37-26 thereof. In testimony whereof, I have officially signed these letters and

37-27 affixed hereto the seal of the court, this ..... day of ........, ........"] :

37-28 In the Matter of the Estate of )

37-29 ) Case No.

37-30 )

37-31 deceased. ) Letters of Administration With Will Annexed

37-32 )

37-33 On _____ (day) _____ (month) _____ (year), the court entered an

37-34 order admitting the decedent’s will to probate and appointing

      (name)       as administrator with will annexed of the decedent’s

37-35 estate. The order includes:

37-36 [ ] a directive for the establishment of a blocked account for sums in

37-37 excess of $__;

37-38 [ ] a directive for the posting of bond in the sum of $___; or

37-39 [ ] a directive for both the establishment of a blocked account for

37-40 sums in excess of $___ and the posting of bond in the sum of $___.

38-1 The administrator with the will annexed, after being duly qualified,

38-2 may act and has the authority and duties of administrator with will

38-3 annexed.

38-4 In testimony of which, I have this date signed these letters and affixed

38-5 the seal of the court.

38-6 CLERK OF THE COURT

38-7 By

38-8 Deputy Clerk (date)

38-9 OATH

38-10 I,________________________________________, whose mailing

38-11 address is _________________________________________, solemnly

38-12 affirm that I will faithfully perform according to law the duties of

38-13 administrator with the will annexed, and that all matters stated in any

38-14 petition or paper filed with the court by me are true of my own knowledge

38-15 or, if any matters are stated on information and belief, I believe them to

38-16 be true.

38-17

38-18 Administration With Will Annexed

38-19 SUBSCRIBED AND AFFIRMED before me this ______ (day) of

38-20 ______________(month) of ____(year).

38-21 CLERK OF COURT

38-22 By

38-23 Deputy Clerk

38-24 (or)

38-25 NOTARY PUBLIC

38-26 County of __________ State of

38-27 Sec. 186. NRS 141.040 is hereby amended to read as follows:

38-28 141.040 Letters of administration may be in substantially the following

38-29 form , [(] after properly entitling the court [and cause): "This is to certify

38-30 that, by order of the above-named court and entered on the ..... day of ........,

38-31 ........, ................ was appointed administrat ........ (or special administrat

38-32 .....) of the estate of ................, deceased, by virtue of which these letters

38-33 are issued this ..... day of ........, ........, he having duly qualified. Witness my

38-34 official signature, with the seal of the court affixed."] :

38-35 In the Matter of the Estate of )

38-36 ) Case No.

38-37 )

38-38 deceased. ) Letters of Administration

38-39 )

39-1 On _____ (day) _____ (month) _____ (year), the court entered
39-2 an order appointing       (name)       as administrator of the decedent’s

39-3 estate. The order includes:

39-4 [ ] a directive for the establishment of a blocked account for sums in

39-5 excess of $__;

39-6 [ ] a directive for the posting of bond in the sum of $___; or

39-7 [ ] a directive for both the establishment of a blocked account for

39-8 sums in excess of $___ and the posting of bond in the sum of $___.

39-9 The administrator, after being duly qualified, may act and has the

39-10 authority and duties of administrator.

39-11 In testimony of which, I have this date signed these letters and affixed

39-12 the seal of the court.

39-13 CLERK OF THE COURT

39-14 By

39-15 Deputy Clerk (date)

39-16 OATH

39-17 I,______________________________________, whose mailing

39-18 address is ______________________________________, solemnly

39-19 affirm that I will faithfully perform according to law the duties of

39-20 administrator, and that all matters stated in any petition or paper filed

39-21 with the court by me are true of my own knowledge or, if any matters are

39-22 stated on information and belief, I believe them to be true.

39-23

39-24 Administrator

39-25 SUBSCRIBED AND AFFIRMED before me this ______ (day) of

39-26 ______________ (month) of ____(year).

39-27 CLERK OF COURT

39-28 By

39-29 Deputy Clerk

39-30 (or)

39-31 NOTARY PUBLIC

39-32 County of __________ State of

39-33 Sec. 187. NRS 141.050 is hereby amended to read as follows:

39-34 141.050 If, after granting letters of administration on the ground of

39-35 intestacy, a will of the [deceased shall be] decedent is duly proved and

39-36 allowed by the court, the letters of administration [shall] must be revoked

39-37 and the power of the administrator [shall cease,] ceases, and [he] the

39-38 administrator shall render an account of his administration within such

39-39 time as the court [shall direct.] directs. In such a case, the executor of the

39-40 will, or the administrator with the will annexed, [shall be] is entitled to

39-41 demand, [sue] maintain an action for and collect all the goods, chattels

40-1 and effects of the deceased, remaining unadministered, and may prosecute

40-2 to final judgment any suit commenced by or against the administrator

40-3 before the revocation of [his] that administrator’s letters.

40-4 Sec. 188. NRS 141.060 is hereby amended to read as follows:

40-5 141.060 [In case any] If one of several [executors or administrators]

40-6 personal representatives of the same estate to whom letters [shall] have

40-7 been granted [shall die, become lunatic, be convicted of a felony,] dies,

40-8 becomes incapacitated or disqualified, or otherwise [become] becomes

40-9 incapable of executing the [trust, or, in case] duties of the office, or if the

40-10 letters [testamentary or letters of administration shall be] are revoked or

40-11 annulled according to law with respect to [any one executor or

40-12 administrator,] one personal representative, the remaining [executor or

40-13 administrator] personal representative shall proceed and complete the

40-14 [execution of the will or administration.] administration of the estate.

40-15 Sec. 189. NRS 141.070 is hereby amended to read as follows:

40-16 141.070 If all the [executors or administrators] personal

40-17 representatives die or from any cause become incapable of executing the

40-18 [trust,] duties of their office, or the authority of all of them is revoked or

40-19 annulled according to law, the [district] court shall direct letters [of

40-20 administration with the will annexed, or otherwise, to be issued to the

40-21 surviving husband or wife, next of kin or others, in the same manner as

40-22 directed in relation to original letters of administration. The administrator

40-23 so appointed shall give bond in like penalty, with like sureties and

40-24 conditions as required of administrators, and shall have the same authority.]

40-25 to be issued according to the priority established in NRS 139.040. The

40-26 successor personal representative shall post such bond as the court may

40-27 require.

40-28 Sec. 190. NRS 141.080 is hereby amended to read as follows:

40-29 141.080 [An executor or administrator] A personal representative may

40-30 resign [his] the appointment at any time, by a writing filed [in the district]

40-31 with the court, to take effect upon the settlement of [his] the accounts. If,

40-32 however, by reason of any delay in [such] the settlement or for any other

40-33 cause, the circumstances of the estate or the rights of those interested

40-34 therein require it, the court, at any time after the tendering of the

40-35 resignation, may revoke the letters of [such executor or administrator and

40-36 appoint in his stead an administrator, either special or general, or with the

40-37 will annexed,] the personal representative and appoint a successor

40-38 personal representative in the same manner as is directed in relation to

40-39 original letters . [of administration.] The liability of the [outgoing executor

40-40 or administrator] previous personal representative or of the sureties on [his

40-41 bond shall not in any manner be] the bond of the personal representative is

40-42 not discharged, released or affected by [such] the resignation or

40-43 appointment, but [shall continue until the executor or administrator]

41-1 continues until the personal representative has delivered up all the estate

41-2 to the [person whom the court shall appoint to receive the same.] successor

41-3 and filed an accounting in accordance with NRS 150.080, and the

41-4 accounting has been approved by the court.

41-5 Sec. 191. NRS 141.090 is hereby amended to read as follows:

41-6 141.090 [Whenever a district judge] If a court has reason to believe,

41-7 from [his] its own knowledge or from credible information, that [any

41-8 executor or administrator:] a personal representative:

41-9 1. Has wasted, converted to [his] the personal representative’s own

41-10 use [,] or mismanaged, or is about to waste or convert to [his] the personal

41-11 representative’s own use, the property of the estate committed to [his

41-12 charge; or] the personal representative’s charge;

41-13 2. Has committed or is about to commit any wrong or fraud upon the

41-14 estate; [or]

41-15 3. Has become [incompetent] disqualified to act; [or]

41-16 4. Has wrongfully neglected the estate; or

41-17 5. Has unreasonably delayed the performance of necessary acts in any

41-18 particular as [executor or administrator; he shall,] personal
41-19 representative,

41-20 the court may, by an order entered upon the minutes , [of the court,]

41-21 suspend the powers of the [executor or administrator] personal

41-22 representative until the matter can be investigated [.] , or take such other

41-23 action as it deems appropriate under the circumstances.

41-24 Sec. 192. NRS 141.100 is hereby amended to read as follows:

41-25 141.100 During the suspension of the powers of [an executor or an

41-26 administrator,] a personal representative, as provided in NRS 141.090 [,

41-27 the district court or judge,] and 142.110, the court, if the condition of the

41-28 estate requires , [it,] may appoint a special administrator to take charge of

41-29 [the effects of the estate, who shall give bond and account as other special

41-30 administrators are required to do.] the estate. The special administrator

41-31 must post such bond as the court may require.

41-32 Sec. 193. NRS 141.110 is hereby amended to read as follows:

41-33 141.110 1. [When the suspension has been made,] If an order of

41-34 suspension is entered, the clerk shall issue a citation, reciting the order of

41-35 suspension, to the [executor or administrator] personal representative to

41-36 appear before the court at a time [therein to be] stated, as fixed by the court

41-37 , [or judge,] to show cause why [his] the letters of the personal

41-38 representative should not be revoked.

41-39 2. The citation [shall] must be served [by the sheriff or other person,]

41-40 as provided in [the Nevada Rules of Civil Procedure for service of

41-41 process.] NRS 155.050.

41-42 3. If the [executor or administrator] personal representative has

41-43 absconded or [concealed himself or has removed or absented himself from]

42-1 has left the state, the citation may be served by leaving a copy with [his]

42-2 the personal representative’s attorney of record, if [he is] available, or in

42-3 such manner as the court may direct, and the court [shall have] has

42-4 jurisdiction to proceed as if the citation had been personally served.

42-5 Sec. 194. NRS 141.120 is hereby amended to read as follows:

42-6 141.120 [Any person] An interested person may appear at the hearing

42-7 and file allegations in writing, showing that the [executor or administrator]

42-8 personal representative should be removed. [The allegations shall be heard

42-9 and determined by the court.]

42-10 Sec. 195. NRS 141.130 is hereby amended to read as follows:

42-11 141.130 1. If the [executor or administrator] personal representative

42-12 fails to appear [in obedience to] as required by the citation, or if [he] the

42-13 personal representative appears and the court is satisfied that good grounds

42-14 exist for [his removal, his letters shall] removal, the letters of the personal

42-15 representative must be revoked, and new letters [of administration granted

42-16 anew, as the case may require.] must issue.

42-17 2. In proceedings for the removal of [an executor or administrator,] a

42-18 personal representative, the court may compel [his] the attendance of the

42-19 personal representative by [attachment or other] proper process, and may

42-20 require [him] the personal representative to answer questions, on oath,

42-21 [touching his] relating to the administration, and, upon [his] refusal to do

42-22 so, may commit [him] the personal representative to jail until [he] the

42-23 personal representative obeys or may revoke [his] the letters, or both.

42-24 Sec. 196. NRS 141.140 is hereby amended to read as follows:

42-25 141.140 All acts of [an executor or administrator, as such,] a personal

42-26 representative before the revocation of [his letters testamentary or letters of

42-27 administration, shall be] the letters of the personal representative are as

42-28 valid, [to] for all intents and purposes, as if [he] the personal

42-29 representative had continued lawfully to execute the duties of [his trust.]

42-30 the office.

42-31 Sec. 197. NRS 142.010 is hereby amended to read as follows:

42-32 142.010 1. Before letters [testamentary or letters of administration]

42-33 may be issued to [the executor or administrator he shall] a personal

42-34 representative, the personal representative must take and subscribe an

42-35 oath or affirmation, before a person authorized to administer oaths, that

42-36 [he] the personal representative will perform according to law the duties of

42-37 [executor or administrator.] a personal representative. The oath must be

42-38 filed [and recorded] by the clerk.

42-39 2. The oath of a corporation appointed as [executor or administrator] a

42-40 personal representative may be taken and subscribed by [its president or

42-41 vice president, trust officer, or secretary or treasurer,] an authorized

42-42 representative upon its behalf . [, and the oath of a banking corporation

43-1 may be taken and subscribed by any of the above-named officers, or by its

43-2 cashier, trust officer, assistant trust officer, manager, branch manager or

43-3 other authorized officer.]

43-4 Sec. 198. NRS 142.020 is hereby amended to read as follows:

43-5 142.020 1. [Except as provided in subsection 6, the] The requirement

43-6 of a bond of [an executor, administrator or successor executor or

43-7 administrator] a personal representative is discretionary with the court.

43-8 Whether a bond is expressly required by the will or not, the court may:

43-9 (a) Require a bond if it determines a bond is desirable; or

43-10 (b) Dispense with the requirement of a bond if it determines a bond is

43-11 unnecessary.

43-12 2. The bond must be conditioned so that the [executor or administrator]

43-13 personal representative will faithfully execute the duties of the [trust]

43-14 office according to law, and the bond must be [recorded] filed by the clerk.

43-15 3. Personal assets of an estate may be deposited with a domestic

43-16 [banking or trust corporation] financial institution upon such terms as may

43-17 be prescribed by order of the court having jurisdiction of the estate. The

43-18 deposit is subject to the further order of the court. The bond of the

43-19 [executor or administrator] personal representative may be reduced

43-20 accordingly. The personal representative shall file with the clerk the

43-21 acknowledgment of an authorized representative of the financial

43-22 institution that holds the assets deposited, which may be in the following

43-23 form:

43-24 PROOF OF BLOCKED ACCOUNT

43-25 The undersigned affirms that ____________________________, as

43-26 personal representative of the estate of

43-27 ______________________________, deceased, has established an

43-28 account, number ___, entitled "______," in the amount of $_____.

43-29 The undersigned acknowledges that this account bears a

43-30 blocked/frozen designation, and that no money may be removed without

43-31 first presenting an order from the court authorizing the withdrawal.

43-32 Dated on ___________(date), By:

43-33 Title:

43-34 4. During the pendency of the administration, any person, including a

43-35 creditor, having an interest in [the] an estate whose value exceeds $10,000

43-36 may [make a written demand that the executor, administrator or any

43-37 successor submit a bond. Upon receipt of the demand, the executor,

43-38 administrator or any successor shall refrain from exercising any powers,

43-39 except those necessary to preserve the estate, until the bond is filed. The

43-40 executor, administrator or any successor is not required to file a bond in an

44-1 amount which is greater than the amount of the claim of the person having

44-2 an interest in the estate. The court may, upon the petition of the executor,

44-3 administrator or any successor, dispense with the requirement of a bond.]

44-4 file a petition requesting that the personal representative submit

44-5 additional bond. Upon the filing of the petition, the clerk shall set it for

44-6 hearing, and the petitioner shall give notice for the period and in the

44-7 manner provided in NRS 155.010. Upon hearing the petition, the court

44-8 may require the personal representative to file additional bond in the

44-9 amount of the claim of the petitioner, unless it determines that bond

44-10 should be dispensed with or set in a different amount.

44-11 5. The amount of the bond is the estimated value of all personal

44-12 property plus income for 1 year from both real and personal property,

44-13 unless the amount of the bond is expressly mentioned in the will, changed

44-14 by the court [,] or required pursuant to subsection 4.

44-15 6. If a banking corporation, as defined in NRS 657.016, or trust

44-16 company, as defined in NRS 669.070, doing business in this state is

44-17 appointed [executor or administrator] the personal representative of the

44-18 estate of a [deceased,] decedent, no bond is required [of the executor or

44-19 administrator,] unless otherwise specifically required by the court.

44-20 Sec. 199. NRS 142.030 is hereby amended to read as follows:

44-21 142.030 The bond [shall not be] is not void upon the first recovery, but

44-22 may be sued upon from time to time by any person aggrieved in [his or her]

44-23 that person’s own name until the whole penalty is exhausted.

44-24 Sec. 200. NRS 142.035 is hereby amended to read as follows:

44-25 142.035 If [an executor or administrator] a personal representative is

44-26 required by a court pursuant to the provisions of this [Title] chapter to

44-27 provide security in the form of cash or a bond, stipulation or other

44-28 undertaking with one or more sureties, each surety for that security submits

44-29 [himself] to the jurisdiction of the court which ordered the security, and

44-30 irrevocably appoints the clerk of that court as [his] the agent upon whom

44-31 any papers affecting [his] the surety’s liability on the security may be

44-32 served. The liability of the surety may be enforced on [motion] petition

44-33 without the necessity of an independent action. The [motion] petition and

44-34 such notice of the [motion] hearing upon the petition as the court

44-35 prescribes may be served on the clerk of the court, who shall [forthwith]

44-36 mail copies to the surety [if his address is known.] at the surety’s last

44-37 known address.

44-38 Sec. 201. NRS 142.040 is hereby amended to read as follows:

44-39 142.040 [1. In all cases when bonds are required by this Title,] If a

44-40 bond is required under this chapter, the sureties must justify on oath

44-41 before the [judge] court or clerk [of a court having a seal,] or before a

44-42 notary public, or a justice of the peace of the county, to the effect that they

44-43 are householders, or freeholders, within this state, and worth the amount for

45-1 which they become surety, over and above all just debts and liabilities,

45-2 exclusive of property exempt from execution. The justification must be

45-3 signed by the sureties and certified by the person taking the justification,

45-4 and endorsed on or attached to and filed with the bond.

45-5 [2. Upon filing, the clerk shall enter in the register of actions the date

45-6 and amount of the bond and the name or names of the surety or sureties

45-7 thereon. In the event of the loss of the bond, the entry so made is prima

45-8 facie evidence of the due execution of the bond as required by law.

45-9 3. When the whole penal sum of the bond exceeds $2,000 sureties may

45-10 go thereon for any sum not less than $500, so that the whole be equal to

45-11 two sufficient sureties for the whole penal sum.]

45-12 Sec. 202. NRS 142.050 is hereby amended to read as follows:

45-13 142.050 1. Before [the district judge] a court approves any bond

45-14 required [by this Title he may, of his] under this chapter, it may, on its

45-15 own motion, or at any time after the approval of a bond upon [motion of

45-16 any person interested in the estate,] petition of an interested person,

45-17 supported by affidavit that any one or all of the sureties is or are not worth

45-18 as much as justified to, order a citation to issue, requiring the surety or

45-19 sureties to appear before [him] the court at a particular time and place to

45-20 testify [touching his or their] relating to the property and its value. The

45-21 [judge] court shall, at the time the citation is issued, cause a notice or

45-22 subpoena to issue to the [executor or administrator] personal

45-23 representative requiring his appearance at the return of the citation.

45-24 2. Upon the return of the citation , the [judge must swear] court shall

45-25 question the surety and such witnesses as may be produced [touching]

45-26 concerning the property [and its value] of the surety or sureties [.] and its

45-27 value. If, upon such investigation, the [judge] court is satisfied that the

45-28 bond is insufficient, [he] it may require sufficient additional security within

45-29 such time as [may be reasonable.] it may set.

45-30 Sec. 203. NRS 142.060 is hereby amended to read as follows:

45-31 142.060 If sufficient security is not given within the time fixed by the

45-32 [judge’s] court’s order, or such further time as the [judge may give,] court

45-33 may allow, the right of the [executor or administrator to the administration

45-34 shall cease] personal representative to administer the estate ceases and the

45-35 person next entitled to the administration [on] of the estate, who will

45-36 [execute] post a sufficient bond, [shall] must be appointed to the

45-37 administration.

45-38 Sec. 204. NRS 142.070 is hereby amended to read as follows:

45-39 142.070 [When] If it is expressly provided in the will of a decedent

45-40 that no bond [shall] may be required of the [executor or executrix, letters

45-41 testamentary] personal representative, letters may issue without any bond

45-42 [having been given; but an executor or executrix,] being given, but a

45-43 personal representative to whom letters have been issued without bond [,]

46-1 may, at any time afterward, [whenever it shall be] if it is shown for any

46-2 cause to be necessary or proper, be required to provide and file a bond as in

46-3 other cases.

46-4 Sec. 205. NRS 142.080 is hereby amended to read as follows:

46-5 142.080 1. [Whenever any person interested in an estate shall

46-6 discover] If an interested person discovers that the sureties of [any

46-7 executor or administrator] a personal representative have become or are

46-8 becoming insolvent, or that [they or] any one [have or] of them has

46-9 removed from, or [are or] is about to remove from the state, or that from

46-10 any other cause the bond is insufficient, [such person may apply by petition

46-11 to the district judge praying] the interested person may file a petition with

46-12 the court requesting that further security be given.

46-13 2. If it comes to the knowledge of the [judge] court that the bond is for

46-14 any cause insufficient [he may, of his] , it may, on its own motion, without

46-15 any [application,] petition, require further security.

46-16 3. A personal representative or his counsel, if either becomes aware

46-17 of facts causing a need therefor, shall petition the court for an order ex

46-18 parte increasing a bond to the total appraised value of personal property

46-19 on hand plus 1 year’s estimated income from real and personal property.

46-20 In an accounting, if a bond has been posted, a separate paragraph must

46-21 be included describing the total bond posted, the appraised value of

46-22 personal property on hand plus the estimated annual income from real

46-23 and personal property and a statement of any additional bond thereby

46-24 required.

46-25 Sec. 206. NRS 142.090 is hereby amended to read as follows:

46-26 142.090 1. If the court [or judge] is satisfied from [the] a petition for

46-27 additional bond or otherwise believes that the matter requires

46-28 investigation, a citation must be issued to the [executor or administrator

46-29 requiring him] personal representative requiring the personal

46-30 representative to appear before the [judge] court at a designated time and

46-31 place, to show cause why [he] the personal representative should not give

46-32 further security. The citation must be served on the [executor or

46-33 administrator personally, at least 5 days before the return day. If he has

46-34 absconded or cannot be found, it may be served by leaving a copy of it at

46-35 his residence, or by such publication as the court or judge may order.]

46-36 personal representative pursuant to NRS 155.050.

46-37 2. On the return of the citation or at such other time as the [judge]

46-38 court may appoint, [he] it shall proceed to hear the matter , and if it

46-39 satisfactorily appears that the security, from any cause, is insufficient, [he

46-40 shall make] it shall enter an order requiring the [executor or administrator]

46-41 personal representative to give further security, or to file a new bond in the

46-42 usual form, within a reasonable time, not less than 5 nor more than 30 days.

47-1 Sec. 207. NRS 142.100 is hereby amended to read as follows:

47-2 142.100 If sufficient security or additional security is not given within

47-3 the time fixed by the [judge’s] court’s order , the right of the [executor or

47-4 administrator to the administration shall cease,] personal representative to

47-5 administer the estate ceases, and the person next entitled to administer the

47-6 estate, who will [execute] post a sufficient bond, must be appointed. If

47-7 letters have already been issued to the [executor or administrator, the same

47-8 shall] personal representative, the letters must be revoked and [his

47-9 authority shall thereupon cease.] the authority of the personal

47-10 representative thereupon ceases. The person next entitled to administer the

47-11 estate, who [shall execute] will post a proper bond, [shall] must be

47-12 appointed, upon giving the [same notice required of other executors and

47-13 administrators, as the case may be.] notice required by NRS 155.010.

47-14 Sec. 208. NRS 142.110 is hereby amended to read as follows:

47-15 142.110 [When]

47-16 1. If a petition is presented [praying that an executor or administrator]

47-17 requesting that a personal representative be required to give further

47-18 security, and [when it also shall be] if it is also alleged on oath or

47-19 affirmation that the [executor or administrator] personal representative is

47-20 wasting the property of the estate, the [judge] court may, by order, suspend

47-21 [his] the powers of the personal representative until the matter can be

47-22 heard and determined.

47-23 2. If an order of suspension is entered, the personal representative is

47-24 restrained as provided in section 182 of this act. After the suspension, the

47-25 personal representative must be cited to show cause and the matter must

47-26 be heard and determined pursuant to NRS 141.130.

47-27 Sec. 209. NRS 142.130 is hereby amended to read as follows:

47-28 142.130 [When] If a surety of [an executor or administrator] a

47-29 personal representative desires to be released from responsibility on

47-30 account of future acts, [he may make application to the court, or a judge

47-31 thereof,] the surety may petition the court for relief. The court [or judge]

47-32 shall cite the [executor or administrator] personal representative to appear

47-33 at a designated time and place and give other security. If the [executor or

47-34 administrator has absconded, left or removed from the state, or if he]

47-35 personal representative cannot be found after due diligence and inquiry,

47-36 the citation may be served by leaving a copy of it at [his] the residence of

47-37 the personal representative, or by serving the attorney of the personal

47-38 representative, or by such publication as the court [or judge may order, all

47-39 in accordance with] orders pursuant to the provisions of NRS 143.190.

47-40 Sec. 210. NRS 142.140 is hereby amended to read as follows:

47-41 142.140 If the [executor or administrator] personal representative

47-42 neglects or refuses to give new sureties, to the satisfaction of the [judge,]

47-43 court, on the return of the citation, the court [or judge] being satisfied the

48-1 citation has been served, or within such reasonable time as the [judge shall

48-2 allow,] court allows, not exceeding 5 days [,] unless the surety [or sureties

48-3 petitioning shall consent] petitioning consents to a longer extension of

48-4 time, the court [or judge] shall revoke the letters granted.

48-5 Sec. 211. NRS 142.150 is hereby amended to read as follows:

48-6 142.150 If new sureties [be] are given to the satisfaction of the [judge,

48-7 he shall thereupon make] court, it shall thereupon enter an order that the

48-8 surety [or sureties] who applied for relief [shall not be] is not liable for any

48-9 subsequent act, default [,] or misconduct of the [executor or administrator.]

48-10 personal representative.

48-11 Sec. 212. Chapter 143 of NRS is hereby amended by adding thereto a

48-12 new section to read as follows:

48-13 A statute of limitations running on a cause of action belonging to a

48-14 decedent, that was not barred as of the date of death, does not bar the

48-15 cause of action sooner than 4 months after the death. A cause of action

48-16 that, but for this section, would be barred less than 4 months after the

48-17 death of the decedent is barred after 4 months unless the running of the

48-18 statute is tolled under other law.

48-19 Sec. 213. NRS 143.010 is hereby amended to read as follows:

48-20 143.010 [When] If there are two [executors or administrators]

48-21 personal representatives, the acts of one alone [shall be] are valid if the

48-22 other is absent from the state, or for any cause is laboring under any legal

48-23 disability, and [when] if there are more than two, the acts of a majority

48-24 [shall be] are sufficient.

48-25 Sec. 214. NRS 143.020 is hereby amended to read as follows:

48-26 143.020 [The executor or administrator shall have] Except as

48-27 otherwise provided in NRS 146.010, a personal representative has a right

48-28 to the possession of all the real, as well as personal, property of the

48-29 [deceased] decedent and may receive the rents and profits of the [real]

48-30 property until the estate [shall be] is settled, or until delivered over by order

48-31 of the [district] court to the heirs or devisees, and shall make a reasonable

48-32 effort to keep in good tenantable repair all houses, buildings and [fences]

48-33 appurtenances thereon which are under [his control.] the control of the

48-34 personal representative.

48-35 Sec. 215. NRS 143.030 is hereby amended to read as follows:

48-36 143.030 1. [The executor or administrator] A personal

48-37 representative shall take into [his] possession all the estate of the

48-38 [deceased,] decedent, real and personal, except that exempted as provided

48-39 in this Title, and shall collect all [debts] receivables due the [deceased or

48-40 to] decedent or the estate.

48-41 2. For the purpose of bringing [suits] actions to quiet title or for

48-42 partition of the estate, the possession of the [executor or administrator]

48-43 personal representative shall be deemed the possession of the heirs or

49-1 devisees. The possession of heirs or devisees [shall be] is subject, however,

49-2 to the possession of the [executor or administrator] personal representative

49-3 for all other purposes.

49-4 Sec. 216. NRS 143.035 is hereby amended to read as follows:

49-5 143.035 1. [An executor or administrator] A personal representative

49-6 shall use reasonable diligence in performing [his] the duties of the personal

49-7 representative and in pursuing the administration of the estate.

49-8 2. [An executor or administrator] A personal representative in charge

49-9 of an estate that has not been closed shall:

49-10 (a) Within 6 months after [his] the personal representative’s

49-11 appointment, where no federal estate tax return is required to be filed for

49-12 the estate; or

49-13 (b) Within 15 months after [his] the personal representative’s

49-14 appointment, where a federal estate tax return is required to be filed for the

49-15 estate,

49-16 file with the [district] court a report explaining why the estate has not been

49-17 closed.

49-18 3. Upon receiving the report, the [court] clerk shall set a time and place

49-19 for a hearing of the report . [, not later than 30 days nor sooner than 15 days

49-20 after receiving it. At least 10 days before the hearing, the executor or

49-21 administrator] The personal representative shall send a copy of the report

49-22 and shall give notice of the hearing, [by registered or certified mail,] for the

49-23 period and in the manner provided in NRS 155.010, to:

49-24 (a) Each person whose interest is affected as an heir [, devisee or

49-25 legatee;] or devisee; and

49-26 (b) The welfare division of the department of human resources, if the

49-27 welfare division has filed a claim against the estate.

49-28 4. At the hearing, the court shall determine whether or not the

49-29 [executor or administrator] personal representative has used reasonable

49-30 diligence in [his] the administration of the estate, and if [he] the personal

49-31 representative has not, the court may:

49-32 (a) Subject to the provisions of NRS 143.037:

49-33 (1) Prescribe the time within which the estate must be closed; or

49-34 (2) Allow the [executor or administrator] personal representative

49-35 additional time for closing and order a subsequent report; or

49-36 (b) Revoke the letters of the [executor or administrator,] personal

49-37 representative, appoint a successor and prescribe a reasonable time within

49-38 which the successor shall close the estate.

49-39 Sec. 217. NRS 143.037 is hereby amended to read as follows:

49-40 143.037 1. Except as otherwise provided in this section, [an executor

49-41 or administrator] a personal representative shall close an estate within 18

49-42 months after [his] appointment.

50-1 2. If a claim against the estate is in litigation or in summary

50-2 determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of

50-3 NRS 147.130 or the amount of federal estate tax has not been determined,

50-4 the court, upon petition of a devisee, [legatee,] creditor or heir, shall order

50-5 that:

50-6 (a) A certain amount of money, or certain other assets, be retained by

50-7 the [executor or administrator] personal representative to:

50-8 (1) Satisfy the claim or tax ; [,] and

50-9 (2) Pay any fees or costs related to the claim or tax, including [, but

50-10 not limited to,] fees for appraisals, attorney’s fees and court costs; and

50-11 (b) The remainder of the estate be distributed.

50-12 3. If a contest of the will or a proceeding to determine heirship is

50-13 pending, the court which appointed the [executor or administrator:]

50-14 personal representative:

50-15 (a) Shall order that a certain amount of money, or certain other assets,

50-16 be retained and the remainder of the estate distributed; or

50-17 (b) May, for good cause shown, order that the entire distributable estate

50-18 be retained pending disposition of the contest or proceeding.

50-19 Sec. 218. NRS 143.040 is hereby amended to read as follows:

50-20 143.040 1. [When there was a partnership existing between the

50-21 testator or intestate,] If a partnership existed between the decedent, at the

50-22 time of [his] death, and any other person, the surviving partner [shall have

50-23 the right to] may continue in possession of the effects of the partnership

50-24 and [to] settle its business, but the [interests of the deceased shall] interest

50-25 of the decedent must be included in the inventory and appraised as [other

50-26 property.] an asset of the estate.

50-27 2. The surviving partner shall proceed to settle the affairs of the

50-28 partnership without delay, and shall account to the [executor or

50-29 administrator,] personal representative and pay over such balance as may

50-30 be, from time to time, payable to [him as the representative of his testator

50-31 or intestate.] the estate of the decedent.

50-32 3. Upon the [application of the executor or administrator the court or

50-33 judge] petition of the personal representative, the court may, whenever it

50-34 may appear necessary, order the surviving partner to render an [account,]

50-35 accounting, and in case of neglect or refusal , may, after notice, compel it

50-36 by [attachment; and the executor or administrator] any lawful process, and

50-37 the personal representative may maintain against [him] the surviving

50-38 partner any action which the [deceased] decedent could have maintained.

50-39 4. Upon any sale of a partnership interest , the surviving partner may

50-40 be a bidder.

50-41 Sec. 219. NRS 143.050 is hereby amended to read as follows:

50-42 143.050 After notice given as provided in NRS 155.010 or in such

50-43 other manner as [may be directed by the court or judge thereof,] the court

51-1 directs, the court may authorize the [executor or administrator] personal

51-2 representative to continue the operation of the decedent’s business to such

51-3 an extent and subject to such restrictions as may seem to the court to be for

51-4 the best interest of the estate and [those interested therein.] any interested

51-5 persons.

51-6 Sec. 220. NRS 143.060 is hereby amended to read as follows:

51-7 143.060 Actions for the recovery of any property, real or personal, or

51-8 for the possession thereof, or to quiet title thereto, or to determine any

51-9 adverse claim thereon, and all actions founded upon contracts, may be

51-10 maintained by and against [executors and administrators] a personal

51-11 representative in all cases in which the [same] actions might have been

51-12 maintained by or against [their respective testators or intestates; and all

51-13 judgments quieting title to real property, entered prior to February 7, 1921,

51-14 in actions instituted and maintained by executors or administrators, shall

51-15 have the same force and effect after the lapse of 10 years from the entry

51-16 thereof, unless sooner set aside, as judgments entered in like actions

51-17 instituted and maintained by the heirs or devisees of their respective

51-18 testators or intestates.] the decedent.

51-19 Sec. 221. NRS 143.070 is hereby amended to read as follows:

51-20 143.070 1. [Executors or administrators may maintain actions] A

51-21 personal representative may commence or maintain an action against any

51-22 person [or persons who shall have] who has wasted, destroyed, taken,

51-23 carried away or converted [to his or their own use,] the goods of the

51-24 [testator or intestate in his lifetime.] decedent.

51-25 2. [They] A personal representative may also commence or maintain

51-26 [actions] an action for trespass committed on the real property of the

51-27 [deceased] decedent while living.

51-28 Sec. 222. NRS 143.080 is hereby amended to read as follows:

51-29 143.080 Any person or [his personal representatives shall have] the

51-30 personal representative has a right of action against the [executor or

51-31 administrator of any testator or intestate] personal representative of a

51-32 decedent who, in [his lifetime, shall have] the lifetime of the decedent

51-33 wasted, destroyed, [taken,] took, carried away or converted [to his own use]

51-34 the goods or chattels of [any such] that person, or committed any trespass

51-35 on the real property of [such] that person.

51-36 Sec. 223. NRS 143.090 is hereby amended to read as follows:

51-37 143.090 [Any executor or administrator may, in his own name,] A

51-38 successor personal representative may, for the use and benefit of all

51-39 [parties interested in the estate maintain actions] interested persons,

51-40 maintain an action on the bond of [any former executor or administrator] a

51-41 former personal representative of the same estate.

52-1 Sec. 224. NRS 143.100 is hereby amended to read as follows:

52-2 143.100 If any person, before the granting of letters [testamentary or

52-3 letters of administration, shall convert to his own use, take or alienate]

52-4 converts, takes or alienates any of the [moneys,] money, goods, chattels or

52-5 effects of [any deceased person, he shall stand] a decedent, that person is

52-6 chargeable and [be] liable to an action by the [executor or administrator of

52-7 the estate] personal representative for double the value of the property so

52-8 converted, taken or alienated, to be recovered for the benefit of the estate.

52-9 Sec. 225. NRS 143.110 is hereby amended to read as follows:

52-10 143.110 1. If [any executor or administrator, heir, devisee, legatee,

52-11 creditor or other person interested in the estate of any deceased person shall

52-12 complain, on oath, to the district judge] a personal representative or other

52-13 interested person alleges in a petition to the court that any person has, or

52-14 is suspected to have, concealed, converted , [to his own use,] conveyed

52-15 away or otherwise disposed of any [moneys,] money, goods, chattels or

52-16 effects of the [deceased,] decedent, or that [he has in his] the person has

52-17 possession or knowledge of any deeds, conveyances, bonds, contracts or

52-18 other writings which contain evidence of, or tend to disclose the right, title

52-19 or interest of the [deceased] decedent in or to any real or personal property,

52-20 or any claim or demand, or any last will of the [deceased, the judge]

52-21 decedent, the court may cause [such] that person to be cited to appear

52-22 before the [district] court to answer, upon oath, upon the matter of the

52-23 [complaint.] petition.

52-24 2. If the person [be] is not in the county where letters have been

52-25 granted, [he] the person may be cited and examined either before the

52-26 [district] court of the county where [he] the person may be found, or before

52-27 the court issuing the citation. If [such] the person appears, and [shall be] is

52-28 found innocent, his necessary expenses [shall] must be allowed out of the

52-29 estate.

52-30 Sec. 226. NRS 143.120 is hereby amended to read as follows:

52-31 143.120 1. If the person so cited [should refuse] refuses to appear

52-32 and submit to examination or to testify [touching] concerning the matter of

52-33 the complaint, the court may commit the person to the county jail, there to

52-34 remain confined until [he shall obey] the person obeys the order of the

52-35 court or [be] is discharged according to law.

52-36 2. If, upon examination, it [shall appear] appears that the person has

52-37 concealed, converted , [to his own use,] smuggled, conveyed away, or in

52-38 any manner disposed of any [moneys,] money, goods or chattels of the

52-39 [deceased,] decedent, or that [he has in his] the person has possession or

52-40 [under his] control of any deeds, conveyances, bonds, contracts [,] or other

52-41 writings [,] which contain evidence of, or tend to disclose the right, title,

52-42 interest or claim of the [deceased] decedent to any real or personal

52-43 property, claim or demand, or any last will of the [deceased, the district]

53-1 decedent, the court may [make] enter an order requiring the person to

53-2 deliver any such property or effects to the [executor or administrator]

53-3 personal representative at such time as the court may fix. [Should the

53-4 person fail] If the person fails to comply with the order , the court may

53-5 commit [him] the person to the county jail until the order [shall be] is

53-6 complied with or the person is discharged according to law.

53-7 3. The order of the court for the delivery of [such property shall be] the

53-8 property is prima facie evidence of the right of the [executor or

53-9 administrator] personal representative to the property in any action that

53-10 may be brought for [the recovery thereof,] its recovery, and any judgment

53-11 recovered [therein shall] must be for double the value of the property, and

53-12 damages in addition thereto equal to the value of [such] the property.

53-13 4. In addition to the examination of the party, witnesses may be

53-14 produced and examined on either side.

53-15 Sec. 227. NRS 143.130 is hereby amended to read as follows:

53-16 143.130 The [district judge, upon the complaint on oath of any

53-17 executor or administrator, may cause any person who shall have been

53-18 entrusted by the executor or administrator] court, upon the petition of a

53-19 personal representative, may require any person entrusted by the

53-20 personal representative with any part of the estate of the decedent to

53-21 appear before the court and render on oath a full [account] accounting of

53-22 any money, goods, chattels, bonds, accounts, or other papers or effects

53-23 belonging to the estate which [shall] have come into [his] the possession of

53-24 the person in trust for the [executor or administrator.] personal

53-25 representative. If the person so cited [shall fail or refuse] fails or refuses to

53-26 appear and render the [account, he may be proceeded against,] accounting,

53-27 the court may proceed against the person as provided in NRS 143.120.

53-28 Sec. 228. NRS 143.140 is hereby amended to read as follows:

53-29 143.140 1. If a debtor of the decedent is unable to pay all [his] debts,

53-30 the [executor or administrator,] personal representative, with the approval

53-31 of the court, may give [him] the person a discharge upon such terms as may

53-32 appear to the court to be for the best interest of the estate.

53-33 2. A compromise may also be authorized by the court when it appears

53-34 to be just and for the best interest of the estate.

53-35 3. The court may also authorize the [executor or administrator,]

53-36 personal representative, on such terms and conditions as may be approved

53-37 by it, to extend or renew, or in any manner modify the terms of, any

53-38 obligation owing to or running in favor of the decedent or [his estate.] the

53-39 estate of the decedent.

53-40 4. To obtain approval or authorization the [executor or administrator

53-41 shall file a verified petition with the clerk] personal representative shall

53-42 file a petition showing the advantage of the settlement, compromise,

54-1 extension, renewal or modification. The clerk shall set the petition for

54-2 hearing by the court, and [notice thereof shall be given] the petitioner shall

54-3 give notice for the period and in the manner required by NRS 155.010.

54-4 Sec. 229. NRS 143.150 is hereby amended to read as follows:

54-5 143.150 1. If the [deceased, in his lifetime,] decedent conveyed any

54-6 real property or any rights or interests therein, with intent to defraud [his]

54-7 creditors or to avoid any obligation, debt or duty owed another, or so

54-8 conveyed [such] the property that by law the deeds of conveyance are void

54-9 as against creditors, or made a gift of property in [view] contemplation of

54-10 death, and there is a deficiency of assets in the hands of the [executor or

54-11 administrator, the latter, on application] personal representative to pay all

54-12 the expenses and debts of the estate, the personal representative, on

54-13 petition of any creditor, shall commence and prosecute to final judgment

54-14 any proper action for the recovery of the [same] property for the benefit of

54-15 the creditors.

54-16 2. The [executor or administrator] personal representative may also,

54-17 for the benefit of the creditors, [sue] maintain an action for and recover all

54-18 goods, chattels, rights or credits, or their value, which may have been so

54-19 fraudulently conveyed by the [deceased in his lifetime,] decedent, whatever

54-20 may have been the manner of fraudulent conveyance.

54-21 Sec. 230. NRS 143.160 is hereby amended to read as follows:

54-22 143.160 1. [An executor or administrator shall not be] A personal

54-23 representative is not bound to [sue] maintain an action for the estate [, as

54-24 mentioned in] , pursuant to NRS 143.150, for the benefit of the creditors,

54-25 unless a creditor [or creditors of the deceased:

54-26 (a) Make application therefor;] of the decedent:

54-27 (a) Files a petition; and

54-28 (b) [Pay] Pays the costs and expense of the litigation or [give] gives

54-29 such security [therefor as the court or judge shall direct.] as the court

54-30 directs.

54-31 2. All real property so recovered [shall] must be sold for the payment

54-32 of debts in the same manner as prescribed in this Title for sales of real

54-33 property by [executors or administrators.] personal representatives.

54-34 3. The proceeds of all goods, chattels, rights or credits so received

54-35 [shall] , after reimbursement of costs and expenses of litigation advanced

54-36 by the creditor, must be applied in payment of debts in the same manner as

54-37 other personal property in the hands of [the executor or administrator.] a

54-38 personal representative.

54-39 Sec. 231. NRS 143.165 is hereby amended to read as follows:

54-40 143.165 1. On petition of [any person who appears to have an

54-41 interest in the estate,] an interested person, the court by temporary order

54-42 may restrain a personal representative from performing specified acts of

54-43 administration, disbursement or distribution, or exercising any powers or

55-1 discharging any duties of [his] the office, or [make] enter any other order

55-2 to secure proper performance of [his duty,] the duties of the office, if it

55-3 appears to the court that the personal representative otherwise may take

55-4 some action that would jeopardize unreasonably the interest of the

55-5 petitioner or of some other interested person. A person with whom the

55-6 personal representative may transact business may be made a party [.] to

55-7 the temporary order.

55-8 2. The matter must be set for hearing within 10 days after [issuance]

55-9 entry of the temporary order unless the parties otherwise agree. Notice as

55-10 the court directs must be given by the petitioner to the personal

55-11 representative and [his] the attorney of record [,] of the personal

55-12 representative, if any, and to any other party named [defendant in the

55-13 petition.

55-14 3. As used in this section:

55-15 (a) "Person" includes, without limitation, a government, governmental

55-16 agency or political subdivision of a government.

55-17 (b) "Personal representative" includes, without limitation, an executor,

55-18 an administrator, a successor personal representative, a special

55-19 administrator and persons who perform substantially the same function

55-20 under the law governing their status.] as a party in the temporary order.

55-21 Sec. 232. NRS 143.170 is hereby amended to read as follows:

55-22 143.170 [No executor or administrator shall] A personal

55-23 representative shall not directly or indirectly purchase any property of the

55-24 estate [he represents.] represented by the personal representative.

55-25 Sec. 233. NRS 143.175 is hereby amended to read as follows:

55-26 143.175 [Executors and administrators may, without court approval,

55-27 deposit or invest funds of the estate in:

55-28 1. United States treasury notes, bills or bonds;

55-29 2. Negotiable commercial paper, not exceeding 180 days maturity, of

55-30 prime quality as defined by a nationally recognized organization which

55-31 rates such securities;

55-32 3. Bankers’ acceptances;

55-33 4. Savings accounts or certificates of deposit in national banks, banks

55-34 chartered by the State of Nevada, federal savings and loan associations or

55-35 savings and loan associations chartered by the State of Nevada; or

55-36 5. Any other investment in which an executor or administrator is

55-37 authorized by law or by a will to invest moneys or funds under his control.]

55-38 1. A personal representative may, with court approval:

55-39 (a) Invest the property of the estate, make loans and accept security

55-40 therefor, in the manner and to the extent authorized by the court; and

55-41 (b) Exercise options of the estate to purchase or exchange securities

55-42 or other property.

56-1 2. A personal representative may, without prior approval of the

56-2 court, invest the property of the estate in:

56-3 (a) Savings accounts in a bank or savings and loan association in this

56-4 state, to the extent that the deposit is insured by the Federal Deposit

56-5 Insurance Corporation;

56-6 (b) Interest-bearing obligations of, or fully guaranteed by, the United

56-7 States;

56-8 (c) Interest-bearing obligations of the United States Postal Service or

56-9 the Federal National Mortgage Association;

56-10 (d) Interest-bearing obligations of this state or of a county, city or

56-11 school district of this state;

56-12 (e) Money-market mutual funds that are invested only in obligations

56-13 listed in paragraphs (a) to (d), inclusive; or

56-14 (f) Any other investment authorized by the will of the decedent.

56-15 Sec. 234. NRS 143.180 is hereby amended to read as follows:

56-16 143.180 1. Subject to such regulations as may be prescribed by the

56-17 Federal Housing Administrator, [executors and administrators are

56-18 authorized:

56-19 (a) To make] a personal representative may:

56-20 (a) Make such loans and advances of credit, and purchases of

56-21 obligations representing the loans and advances of credit, as are eligible for

56-22 insurance by the Federal Housing Administrator, and [to] obtain such

56-23 insurance.

56-24 (b) [To make] Make such loans secured by mortgage on real property as

56-25 are eligible for insurance by the Federal Housing Administrator, and [to]

56-26 obtain such insurance.

56-27 (c) [To purchase,] Purchase, invest in, and dispose of notes or bonds

56-28 secured by mortgage insured by the Federal Housing Administrator,

56-29 securities of national mortgage associations, and debentures issued by the

56-30 Federal Housing Administrator.

56-31 2. No law of this state prescribing the nature, amount or form of

56-32 security or requiring security upon which loans or advances of credit may

56-33 be made, or prescribing or limiting interest rates upon loans or advances of

56-34 credit, or prescribing or limiting the period for which loans or advances of

56-35 credit may be made, [shall apply] applies to loans, advances of credit or

56-36 purchases made pursuant to subsection 1.

56-37 3. All above-described loans, advances of credit, and purchases of

56-38 obligations [heretofore] made and insured pursuant to the terms of the

56-39 National Housing Act before October 1, 1999, are hereby validated and

56-40 confirmed.

56-41 Sec. 235. NRS 143.185 is hereby amended to read as follows:

56-42 143.185 [Executors and administrators] A personal representative may

56-43 purchase, invest in, and dispose of:

57-1 1. Farm loan bonds, consolidated farm loan bonds, debentures,

57-2 consolidated debentures and other obligations issued by federal land banks

57-3 and federal intermediate credit banks under the authority of the Federal

57-4 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

57-5 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 [to

57-6 2259, inclusive, as now or hereafter] et seq., as amended; and

57-7 2. Bonds, debentures, consolidated debentures and other obligations

57-8 issued by banks for cooperatives under the authority of the Farm Credit Act

57-9 of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm

57-10 Credit Act of 1971, 12 U.S.C. §§ 2001 [to 2259, inclusive, as now or

57-11 hereafter] et seq., as amended.

57-12 Sec. 236. NRS 143.187 is hereby amended to read as follows:

57-13 143.187 1. [An executor or administrator] A personal representative

57-14 holding certificates of stock in [such] that capacity may hold [such] the

57-15 stock in the name of a nominee without mention [thereof] in the stock

57-16 certificate or registration books, if:

57-17 (a) The [executor’s or administrator’s] records of the personal

57-18 representative and all reports and [accounts he] accountings the personal

57-19 representative renders clearly show [such] the holding and the facts

57-20 regarding [such holding;] it; and

57-21 (b) The nominee deposits with the [executor or administrator] personal

57-22 representative a signed statement of the true interest of the [executor or

57-23 administrator.

57-24 2. An executor or administrator] personal representative.

57-25 2. A personal representative is personally liable for any loss to the

57-26 estate resulting from any act of the nominee in connection with stock so

57-27 held.

57-28 Sec. 237. NRS 143.190 is hereby amended to read as follows:

57-29 143.190 1. Before letters [testamentary, or letters of administration,

57-30 or letters of administration with the will annexed,] are delivered to [any

57-31 executor or administrator, he] a personal representative, the personal

57-32 representative shall file with the county clerk of the county in which the

57-33 administration of the estate is pending a written statement containing [his]

57-34 the name and [his] permanent address [, which] of the personal

57-35 representative. The permanent address may, from time to time, be changed

57-36 [by him] by filing with the county clerk a written statement giving [his] the

57-37 changed address. [His] The permanent address shall be deemed to be that

57-38 contained in the last statement so filed by [him.] the personal

57-39 representative.

57-40 2. The taking of his oath of office by [an executor or by an

57-41 administrator, or by an administrator with the will annexed, representative

57-42 shall be deemed to be and is the equivalent of] a personal representative

57-43 constitutes an appointment [by him] of the county clerk of the county in

58-1 which the administration of the estate is pending to be [his] the true and

58-2 lawful attorney, upon whom all legal process in any action or proceeding

58-3 against the [executor or administrator] personal representative may be

58-4 served, with the same legal force and effect as if served upon [him] the

58-5 personal representative personally within the State of Nevada.

58-6 3. Service of process may be made by mailing by registered or certified

58-7 mail a copy of the process , [(] and if the process is a summons, there must

58-8 be attached thereto a copy of the complaint certified by the clerk or the

58-9 plaintiff’s attorney , [)] directly to the [executor or administrator] personal

58-10 representative at the address contained in the statement filed [by him.] with

58-11 the clerk. This service is sufficient personal service upon the [executor or

58-12 administrator] personal representative if proof of [such] the service is filed

58-13 [in the office of the county] with the clerk.

58-14 4. The court in which the action is pending may order such

58-15 continuances as may be necessary to afford the [defendant] personal

58-16 representative reasonable opportunity to defend the action.

58-17 5. The foregoing method of service is cumulative, and does not prevent

58-18 the personal service of process upon the [defendant] personal

58-19 representative within the State of Nevada.

58-20 Sec. 238. NRS 143.200 is hereby amended to read as follows:

58-21 143.200 No action to which [an executor or administrator or

58-22 administrator with the will annexed] a personal representative is a party

58-23 [shall abate] abates by reason of the death, disqualification, resignation or

58-24 removal of [such executor or administrator,] the personal representative,

58-25 but the person who is appointed, qualifies and is acting as [his successor

58-26 shall,] the successor must, upon motion, be substituted as a party to the

58-27 action.

58-28 Sec. 239. NRS 143.210 is hereby amended to read as follows:

58-29 143.210 In actions brought by or against [executors it shall not be]

58-30 personal representatives, it is not necessary to join those as parties who

58-31 have not qualified.

58-32 Sec. 240. NRS 144.010 is hereby amended to read as follows:

58-33 144.010 1. Every [executor or administrator] personal representative

58-34 shall make and [return to the court,] file with the clerk, within 60 days after

58-35 [his] appointment, unless the court [shall extend] extends the time, a true

58-36 inventory and appraisement or record of value of all the estate of the

58-37 [deceased which] decedent that has come to [his] the possession or

58-38 knowledge [.] of the personal representative.

58-39 2. The personal representative, within 10 days after filing the

58-40 inventory with the clerk, shall mail a copy to all the interested heirs of an

58-41 intestate estate, or to the devisees of a testate estate, or to both interested

59-1 heirs and devisees, if a contest of the will of the decedent is pending.

59-2 Proof of the mailing of the copies must be made and filed in the

59-3 proceeding.

59-4 Sec. 241. NRS 144.020 is hereby amended to read as follows:

59-5 144.020 1. [The executor or administrator] A personal

59-6 representative may engage a qualified and disinterested appraiser to

59-7 ascertain the fair market value, as of the decedent’s death, of any asset the

59-8 value of which is subject to reasonable doubt. Different persons may be

59-9 engaged to appraise different kinds of assets included in the estate.

59-10 2. Any such appraiser is entitled to a reasonable compensation for [his]

59-11 the appraisal and may be paid the compensation by the [executor or

59-12 administrator] personal representative out of the estate at any time after

59-13 completion of the appraisal.

59-14 3. [Where] If there is no reasonable doubt as to the value of assets,

59-15 such as money, deposits in banks, bonds, policies of life insurance , or

59-16 securities for money or evidence of indebtedness, [when the same] and the

59-17 asset is equal in value to [money, the executor or administrator] cash, the

59-18 personal representative shall file a verified record of value in lieu of the

59-19 appraisement.

59-20 4. If it appears beyond reasonable doubt that there will be no need to

59-21 sell assets of the estate to pay the debts of the estate or expenses of

59-22 administration, or to divide assets for distribution in kind to the devisees

59-23 or heirs, the personal representative may petition the court for an order

59-24 allowing a verified record of value to be filed in lieu of the appraisement,

59-25 and the court may enter such an order with or without notice.

59-26 Sec. 242. NRS 144.025 is hereby amended to read as follows:

59-27 144.025 1. [The executor or administrator] A personal

59-28 representative may engage a certified public accountant or other expert in

59-29 valuation to ascertain the fair market value, as of the date of the death of

59-30 the decedent, of the interest of the decedent in a corporation, partnership,

59-31 limited-liability company or other [association.] artificial person.

59-32 2. [Any such] The certified public accountant or expert in valuation is

59-33 entitled to a reasonable compensation for his services and may be paid the

59-34 compensation by the [executor or administrator] personal representative

59-35 out of the estate at any time after completion of the report of the valuation.

59-36 Sec. 243. NRS 144.030 is hereby amended to read as follows:

59-37 144.030 1. Before proceeding [to the execution of his duty, each] ,

59-38 an appraiser, certified public accountant or expert in valuation shall certify

59-39 [that he will] a willingness to truly, honestly and impartially appraise or

59-40 value the property according to [the best of his] that person’s best

59-41 knowledge and ability. The certification must be contained in the appraisal

59-42 or valuation or filed with the court.

60-1 2. [He] The appraiser, certified public accountant or expert in

60-2 valuation, shall then proceed to appraise the property of the estate. Each

60-3 item with [an assessed] a value of more than [$100] $500 must be set down

60-4 separately with the value thereof in dollars and cents in figures opposite

60-5 [to] each item.

60-6 3. [Any] An appraiser, certified public accountant or expert in

60-7 valuation who directly or indirectly purchases any property of an estate ,

60-8 [which he has appraised or valued,] without full disclosure to and approval

60-9 by the court, is guilty of a misdemeanor. A sale made in violation of the

60-10 provisions of this subsection is void.

60-11 Sec. 244. NRS 144.040 is hereby amended to read as follows:

60-12 144.040 1. [The inventory shall] An inventory must include all the

60-13 estate of the [deceased,] decedent, wherever situated [.] , that is subject to

60-14 the jurisdiction of the court.

60-15 2. The inventory [shall] must contain:

60-16 (a) All the estate of the [deceased,] decedent, real and personal.

60-17 (b) A statement of all [debts,] receivables, partnerships, and other

60-18 interests, bonds, mortgages, notes, and other securities for the payment of

60-19 money, belonging to the [deceased,] decedent, specifying the name of the

60-20 debtor in each security, the date, the sum originally payable, [the

60-21 endorsements thereon, if any,] any endorsements with their dates, and the

60-22 sum which, in the judgment of the appraiser, may be collectible on each

60-23 debt, interest or security.

60-24 (c) Mortgages of any kind on the real and personal property of the

60-25 estate.

60-26 3. The inventory [shall] must also show:

60-27 (a) So far as can be ascertained, what portion of the estate is community

60-28 property and what portion is the separate property of the [deceased.]

60-29 decedent.

60-30 (b) An account of all [moneys] money belonging to the deceased

60-31 [which] that has come [to the hands of the executor or administrator.] into

60-32 the possession of the personal representative.

60-33 Sec. 245. NRS 144.050 is hereby amended to read as follows:

60-34 144.050 The naming of [any] a person as [executor] personal

60-35 representative in a will [shall] does not operate as a discharge of any just

60-36 [debt] receivable or demand which was due the testator [had against such

60-37 person, but the debt or demand shall] from that person, but the receivable

60-38 or demand must be included in the inventory and the person named as

60-39 [executor shall be liable for the same as for so much money in his hands

60-40 when the debt or demand] personal representative is liable for it when it

60-41 becomes due, unless it [be] is proved that [he] the personal representative

60-42 had not, [either at that time or at any time] then or thereafter, any means

60-43 [wherewith] with which to pay [such debt] the receivable or demand, or

61-1 such part [thereof] as may remain unpaid, and that [such] the inability did

61-2 not arise from any fraud committed by [him,] the personal representative,

61-3 but any commissions allowed [shall] must be applied toward payment of

61-4 the [debts or demands.] receivable or demand.

61-5 Sec. 246. NRS 144.060 is hereby amended to read as follows:

61-6 144.060 The discharge or [bequest in a will of any debt] devise in a

61-7 will of a receivable or demand [of] due the testator [against] from any

61-8 person named as [executor in his] personal representative in the will, or

61-9 [against] from any other person, [shall not be] is not valid against the

61-10 creditors of the [deceased, but shall] decedent, but must be construed as a

61-11 specific bequest only of [such debt] the receivable or demand. The amount

61-12 [thereof shall] must be included in the inventory and , [shall,] if necessary,

61-13 be applied in payment of [his debts.] claims of creditors of the decedent. If

61-14 not necessary for that purpose, it [shall] must be disposed of in the same

61-15 manner as other specific [legacies or bequests.] devises.

61-16 Sec. 247. NRS 144.070 is hereby amended to read as follows:

61-17 144.070 [The executor or administrator] A personal representative

61-18 shall take and subscribe an oath, before any person authorized to administer

61-19 oaths, that the inventory contains a true statement of all the estate of the

61-20 [deceased] decedent which has come [to his] into the possession or of

61-21 which [he] the personal representative has knowledge, and particularly of

61-22 all money belonging to the [deceased,] decedent, and of all just claims of

61-23 the [deceased] decedent, against the [executor or administrator.] personal

61-24 representative. The oath must be endorsed upon or annexed to the

61-25 inventory.

61-26 Sec. 248. NRS 144.080 is hereby amended to read as follows:

61-27 144.080 If [an executor or administrator shall neglect or refuse to

61-28 return] a personal representative neglects or refuses to file the inventory

61-29 within the time prescribed [or such further time as the court or judge, for

61-30 good cause, allow,] by law or extended by the court, the court may, upon

61-31 such notice as it [may prescribe,] deems appropriate, revoke the letters

61-32 [testamentary or letters of administration, and the executor or administrator

61-33 shall be] of the personal representative, and the personal representative is

61-34 liable on his bond for any injuries sustained by the estate through his

61-35 neglect.

61-36 Sec. 249. NRS 144.090 is hereby amended to read as follows:

61-37 144.090 1. [Whenever any property,] If property not mentioned in

61-38 [any inventory that has been made, comes to] an inventory filed with the

61-39 clerk comes into the possession or knowledge of the [executor or

61-40 administrator, he shall return] personal representative, the personal

61-41 representative shall file a supplementary inventory of [such] that property

61-42 within 20 days after [the discovery thereof,] its discovery, in the same

61-43 manner as an original inventory.

62-1 2. The court may enforce the [making] filing of a supplementary

62-2 inventory as [an original.] provided in NRS 144.080.

62-3 Sec. 250. Chapter 145 of NRS is hereby amended by adding thereto

62-4 the provisions set forth as sections 251 and 252 of this act.

62-5 Sec. 251. If at any time after the entry of an order for the summary

62-6 administration of an estate it appears that the gross value of the estate

62-7 exceeds $200,000 as of the death of the decedent, the personal

62-8 representative shall petition the court for an order revoking summary

62-9 administration. The court may, if deemed advisable considering the

62-10 nature, character and obligations of the estate, provide in its order

62-11 revoking summary administration that regular administration of the

62-12 estate may proceed unabated upon providing such portions of the regular

62-13 proceedings and notices as were dispensed with by the order for summary

62-14 administration.

62-15 Sec. 252. 1. Upon the filing of a final account and petition for

62-16 distribution of an estate for which summary administration was ordered,

62-17 the notice of hearing, the account and petition, together with notice of

62-18 the amount agreed or requested as attorney’s fees, must be given to the

62-19 persons entitled thereto.

62-20 2. The petitioner shall give notice of hearing for the period and in

62-21 the manner provided in NRS 155.010.

62-22 Sec. 253. NRS 145.020 is hereby amended to read as follows:

62-23 145.020 All proceedings taken under this chapter, whether or not the

62-24 decedent left a will, must be originated by a [verified] petition for letters

62-25 testamentary or letters of administration containing:

62-26 1. Jurisdictional information;

62-27 2. A description of the property of the decedent, including [, without

62-28 limitation,] the character and estimated value of the property; [and

62-29 3. A list of each heir, next of kin, legatee and devisee of the decedent.

62-30 This list must include, without limitation, the name, age, address and

62-31 relationship to the decedent of any such person.]

62-32 3. The names and residences of the heirs and devisees of the

62-33 decedent and the age of any who is a minor and the relationship of each

62-34 heir and devisee to the decedent, so far as known to the petitioner; and

62-35 4. A statement that the person to be appointed as personal

62-36 representative has never been convicted of a felony.

62-37 Sec. 254. NRS 145.030 is hereby amended to read as follows:

62-38 145.030 Notice of a petition for the probate of a will and the issuance

62-39 of letters [testamentary or for letters of administration] must be given as

62-40 provided in NRS 155.010 . [, and the notice to creditors and to the

62-41 administrator of the welfare division of the department of human resources

62-42 must be given as provided in NRS 155.020.]

63-1 Sec. 255. NRS 145.040 is hereby amended to read as follows:

63-2 145.040 [When] If it is made to appear to the court that the gross value

63-3 of the estate does not exceed $200,000, the court may, if deemed advisable

63-4 considering the nature , [and] character and obligations of the estate [and

63-5 the obligations thereof, make] , enter an order for a summary

63-6 administration of the estate.

63-7 Sec. 256. NRS 145.050 is hereby amended to read as follows:

63-8 145.050 The order for a summary administration of the estate must:

63-9 1. Dispense with all regular proceedings and further notices, except for

63-10 the [notice] notices required by NRS 145.030 [and notice of application for

63-11 attorney’s fees;] , 145.070, 147.010 and section 252 of this act; and

63-12 2. Provide that an inventory and appraisement or record of value be

63-13 [made and returned to the court.] filed with the clerk.

63-14 Sec. 257. NRS 145.060 is hereby amended to read as follows:

63-15 145.060 1. Creditors of the estate must file their claims, due or to

63-16 become due, with the clerk, within 60 days after the mailing [,] to the

63-17 creditors for those required to be mailed, or 60 days after the first

63-18 publication of the notice to creditors pursuant to NRS 155.020, and within

63-19 10 days thereafter the [executor or administrator shall act on the claims

63-20 filed and present them in 3 days thereafter to the judge for his action.]

63-21 personal representative shall allow or reject the claims filed.

63-22 2. Any claim which is not filed within the 60 days is barred forever,

63-23 except that if it is made to appear, by the affidavit of the claimant or by

63-24 other proof to the satisfaction of the court, that the claimant did not have

63-25 notice as provided in NRS 155.020, the claim may be filed at any time

63-26 before the filing of the final account.

63-27 3. Every claim which is filed as provided in this section [,] and allowed

63-28 by the [executor or administrator, and approved by the judge,] personal

63-29 representative, must then, and not until then, be ranked as an

63-30 acknowledged debt of the estate and be paid in the course of

63-31 administration, except that payment of small debts in advance may be made

63-32 pursuant to subsection 3 of NRS 150.230.

63-33 4. If a claim filed by the welfare division of the department of human

63-34 resources is rejected by the [executor or administrator,] personal

63-35 representative, the state welfare administrator [or his designated

63-36 representative] may, within 20 days after receipt of the written notice of

63-37 rejection, petition the [district judge] court for summary determination of

63-38 the claim. A petition for summary determination must be filed with the

63-39 clerk , [of the court,] who shall set the petition for hearing, and the

63-40 petitioner shall give notice [must be given] for the period and in the

63-41 manner required by NRS 155.010. Allowance of the claim by the [judge]

64-1 court is sufficient evidence of its correctness , and it must be paid as if

64-2 previously allowed by the [executor or administrator.] personal

64-3 representative.

64-4 Sec. 258. NRS 145.070 is hereby amended to read as follows:

64-5 145.070 All sales of real property, [where] if summary administration

64-6 is ordered, [shall] must be made upon notice given and in the manner

64-7 required by [this Title for sales of real property.] chapter 148 of NRS.

64-8 Sec. 259. NRS 145.080 is hereby amended to read as follows:

64-9 145.080 [1.] The administration of the estate may be closed and

64-10 distribution made at any time after the expiration of the time for the [judge]

64-11 personal representative to act on the claims, [when it shall appear] if it

64-12 appears to the court that all the debts of the estate, expenses and charges of

64-13 administration and allowances to the family, if any, have been paid, and the

64-14 estate is in condition to be finally settled.

64-15 [2. The court or judge must be satisfied that proper notice of

64-16 appointment and, where applicable, for sales, as provided in NRS 145.070,

64-17 have been given before decreeing distribution of the estate and discharging

64-18 the executor or administrator.]

64-19 Sec. 260. Chapter 146 of NRS is hereby amended by adding thereto a

64-20 new section to read as follows:

64-21 If an order is entered setting apart a homestead, a certified copy of the

64-22 order must be recorded in the office of the county recorder of the county

64-23 in which the property is located.

64-24 Sec. 261. NRS 146.005 is hereby amended to read as follows:

64-25 146.005 The provisions of this chapter are inapplicable to the extent

64-26 that they are inconsistent with the provisions of a premarital agreement

64-27 between the [deceased and his] decedent and the surviving spouse which is

64-28 enforceable pursuant to chapter 123A of NRS.

64-29 Sec. 262. NRS 146.010 is hereby amended to read as follows:

64-30 146.010 Except as provided in NRS 125.510, [when any] if a person

64-31 dies leaving a surviving spouse or a minor child or minor children, the

64-32 surviving spouse, minor child or minor children are entitled to remain in

64-33 possession of the homestead and of all the wearing apparel and provisions

64-34 [on hand] in the possession of the family, and all [of] the household

64-35 furniture, and are also entitled to a reasonable provision for their support,

64-36 to be allowed by the court.

64-37 Sec. 263. NRS 146.020 is hereby amended to read as follows:

64-38 146.020 Upon the [return] filing of the inventory or at any time

64-39 thereafter during the administration [, the court or judge, of his own motion,

64-40 or on application,] of the estate, the court, on its own motion or upon

64-41 petition by an interested person, shall set apart for the use of the family of

64-42 the [deceased] decedent all of the personal property which is exempt by

64-43 law from execution, and shall set apart the homestead, as designated by the

65-1 general homestead law then in force, whether [such] the homestead has

65-2 theretofore previously been selected as required by law, or not, and the

65-3 property thus set apart [shall not be] is not subject to administration.

65-4 Sec. 264. NRS 146.030 is hereby amended to read as follows:

65-5 146.030 1. If the whole property exempt by law is set apart and is not

65-6 sufficient for the support of the surviving spouse, minor child or minor

65-7 children, the court shall make such reasonable allowance out of the estate

65-8 as is necessary for the maintenance of the family according to their

65-9 circumstances during the progress of the [settlement] administration of the

65-10 estate, which, in case of an insolvent estate, [shall] may not be longer than

65-11 1 year after granting letters of administration.

65-12 2. If the surviving spouse or any minor child has a reasonable

65-13 maintenance derived from other property, and there are other persons

65-14 entitled to a family allowance, the allowance [shall] must be granted only

65-15 to those who do not have [not] such maintenance, or [such] the allowance

65-16 may be apportioned in such manner as may be just.

65-17 Sec. 265. NRS 146.040 is hereby amended to read as follows:

65-18 146.040 [Any] An allowance made by the court [or judge] in

65-19 accordance with the provisions of this chapter [shall] must be paid by the

65-20 [executor or administrator] personal representative in preference to all

65-21 other charges, except funeral charges, expenses of last illness and expenses

65-22 of administration. This may, in the discretion of the court [or judge]

65-23 granting it, take effect from the death of the decedent.

65-24 Sec. 266. NRS 146.050 is hereby amended to read as follows:

65-25 146.050 1. If the homestead was selected by [the husband and wife,]

65-26 spouses, or either of them, during their [coverture,] marriage, and recorded

65-27 while both were living, as provided in chapter 115 of NRS, it vests, on the

65-28 death of either spouse, absolutely in the survivor, unless vesting is

65-29 otherwise required pursuant to subsection 2 of NRS 115.060.

65-30 2. If no homestead was so selected, [but] a homestead [is] may be set

65-31 apart by the court [for a limited period] to the family of the decedent [, as

65-32 provided in this chapter, it] for a limited period if deemed advisable

65-33 considering the needs and resources of the family and the nature,

65-34 character and obligations of the estate. The duration of the homestead

65-35 must be designated in the order setting it apart and may not extend

65-36 beyond the lifetime of the surviving spouse or the minority of any child of

65-37 the decedent, whichever is longer. A homestead so set apart then vests,

65-38 subject to [this] the setting apart:

65-39 (a) If set apart from [his] the separate property [,] of the decedent, in the

65-40 heirs or devisees of the decedent.

65-41 (b) If set apart from community property, one-half in the surviving

65-42 spouse [,] and one-half in the devisees of the decedent, or if no

65-43 [testamentary] disposition is made , then entirely in the surviving spouse.

66-1 3. [If the homestead is set apart by the court for a limited period of

66-2 time, such period must be designated in the order and must not extend

66-3 beyond the lifetime of the surviving spouse or the minority of any child or

66-4 children of the decedent, whichever is longer.

66-5 4.] In either case referred to in subsection 1 or 2, the homestead is not

66-6 subject to the payment of any debt or liability existing against the spouses,

66-7 or either of them, at the time of death of either, [except it be secured by

66-8 lawful liens thereon.] unless the debt or liability is secured by a mortgage

66-9 or lien.

66-10 Sec. 267. NRS 146.070 is hereby amended to read as follows:

66-11 146.070 1. [When] If a person dies leaving an estate [,] the gross

66-12 value of which , after deducting any encumbrances , does not exceed

66-13 $50,000, and there is a surviving spouse or minor child or minor children of

66-14 the [deceased,] decedent, the estate must not be administered upon, but the

66-15 whole [thereof,] estate, after directing such payments as may be deemed

66-16 just, must be, by an order for that purpose, assigned and set apart for the

66-17 support of the surviving spouse or minor child or minor children, or for the

66-18 support of the minor child or minor children, if there is no surviving

66-19 spouse. Even [though] if there is a surviving spouse, the court may, after

66-20 directing such payments, set aside the whole of the estate to the minor child

66-21 or minor children, if it is in their best interests.

66-22 2. [When] If there is no surviving spouse or minor child of the

66-23 [deceased] decedent and the gross value of a decedent’s estate, after

66-24 deducting any encumbrances, does not exceed $50,000, upon good cause

66-25 shown [therefor, the judge may] , the court shall order that the estate

66-26 [must] not be administered upon , but the whole [thereof must] estate be

66-27 assigned and set apart [:

66-28 First:] in the following order:

66-29 (a) To the payment of funeral expenses, expenses of last illness, money

66-30 owed to the department of human resources as a result of payment of

66-31 benefits for Medicaid [,] and creditors, if there are any; and

66-32 [Second:]

66-33 (b) Any balance remaining to the claimant or claimants entitled thereto

66-34 pursuant to [the] a valid will of the decedent, and if there is no valid will,

66-35 pursuant to intestate succession.

66-36 3. [All proceedings] Proceedings taken under this section, whether or

66-37 not the decedent left a valid will, must not begin until at least 30 days after

66-38 the death of the decedent and must be originated by a [verified] petition

66-39 containing:

66-40 (a) A specific description of all [of] the decedent’s property.

66-41 (b) A list of all the liens and [encumbrances] mortgages of record at the

66-42 date of [his] the decedent’s death.

66-43 (c) An estimate of the value of the property.

67-1 (d) A statement of the debts of the decedent so far as known to the

67-2 petitioner.

67-3 (e) The names [, ages] and residences of the [decedent’s heirs, devisees

67-4 and legatees.

67-5 The petition may include a prayer that if the court finds the gross value of

67-6 the estate, less encumbrances, does not exceed $50,000, the estate be set

67-7 aside as provided in this section.] heirs and devisees of the decedent and

67-8 the age of any who is a minor and the relationship of the heirs and

67-9 devisees to the decedent, so far as known to the petitioner.

67-10 4. The clerk shall set the petition for hearing and the petitioner shall

67-11 give notice of the petition and hearing in the manner provided in NRS

67-12 155.010 to the decedent’s heirs [, devisees and legatees] and devisees and

67-13 to the state welfare administrator. If a complete copy of the petition is not

67-14 enclosed with the notice, the notice must include a statement setting forth to

67-15 whom the estate is being set aside.

67-16 5. No court or clerk’s fees may be charged for the filing of any petition

67-17 in, or order of court thereon, or for any certified copy of the petition or

67-18 order in an estate not exceeding $2,500 in value.

67-19 6. If the court finds that the gross value of the estate, less

67-20 encumbrances, does not exceed the sum of $50,000, the court may direct

67-21 that the estate be distributed to the father or mother of [any] a minor heir or

67-22 [legatee,] devisee, with or without the filing of any bond, or to a custodian

67-23 under chapter 167 of NRS, or may require that a general guardian be

67-24 appointed and that the estate be distributed to the guardian, with or without

67-25 bond , as in the discretion of the court [seems] is deemed to be in the best

67-26 interests of the minor. The court may direct the manner in which the money

67-27 may be used for the benefit of the minor.

67-28 Sec. 268. NRS 146.080 is hereby amended to read as follows:

67-29 146.080 1. [When] If a decedent leaves no real property, nor interest

67-30 therein , nor mortgage or lien thereon, in this state, and the gross value of

67-31 the decedent’s property in this state, over and above any amounts due to the

67-32 decedent for services in the Armed Forces of the United States, does not

67-33 exceed $20,000, a person who has a right to succeed to the property of the

67-34 decedent [, a person who is the sole beneficiary under the last will and

67-35 testament of the decedent] under the laws of succession for a decedent

67-36 who died intestate or under the valid will of a decedent who died testate,

67-37 on behalf of all persons entitled to succeed to the property claimed, or the

67-38 state welfare administrator or public administrator on behalf of the state

67-39 or others entitled to the property, may, 40 days after the death of the

67-40 decedent, without procuring letters of administration or awaiting the

67-41 probate of the will, collect any money due the decedent, receive the

67-42 property of the decedent, and have any evidences of interest, indebtedness

67-43 or right transferred to [him] the claimant upon furnishing the person,

68-1 representative, corporation, officer or body owing the money, having

68-2 custody of the property or acting as registrar or transfer agent of the

68-3 evidences of interest, indebtedness or right, with an affidavit showing the

68-4 right of the affiant or affiants to receive the money or property or to have

68-5 the evidence transferred.

68-6 2. An affidavit made pursuant to this section must state:

68-7 (a) The affiant’s name and address, and that the affiant is entitled by law

68-8 to succeed to the property claimed;

68-9 (b) That the decedent was a resident of Nevada at the time of [his]

68-10 death;

68-11 (c) That the gross value of the decedent’s property in this state, except

68-12 amounts due to the decedent for services in the Armed Forces of the United

68-13 States, does not exceed $20,000, and that the property does not include any

68-14 real property nor interest therein , nor mortgage or lien thereon;

68-15 (d) That at least 40 days have elapsed since the death of the decedent;

68-16 (e) That no [application or] petition for the appointment of a personal

68-17 representative is pending or has been granted in any jurisdiction;

68-18 (f) That all debts of the decedent, including funeral and burial expenses ,

68-19 and money owed to the department of human resources as a result of the

68-20 payment of benefits for Medicaid, have been paid or provided for;

68-21 (g) A description of the personal property and the portion claimed;

68-22 (h) That the affiant has given written notice, by personal service or by

68-23 certified mail, identifying [his] the affiant’s claim and describing the

68-24 property claimed, to every person whose right to succeed to the decedent’s

68-25 property is equal or superior to that of the affiant, and that at least 14 days

68-26 have elapsed since the notice was served or mailed;

68-27 (i) That the affiant is personally entitled, or the department of human

68-28 resources is entitled, to full payment or delivery of the property claimed or

68-29 is entitled to payment or delivery on behalf of and with the written authority

68-30 of all other successors who have an interest in the property; and

68-31 (j) That the affiant acknowledges [that he understands] an

68-32 understanding that filing a false affidavit constitutes a felony in this state.

68-33 3. If the affiant:

68-34 (a) Submits an affidavit which does not meet the requirements of

68-35 subsection 2 or which contains statements which are not entirely true, any

68-36 money or property [he] the affiant receives is subject to all debts of the

68-37 decedent.

68-38 (b) Fails to give notice to other successors as required by subsection 2,

68-39 any money or property [he] the affiant receives is held by [him] the affiant

68-40 in trust for all other successors who have an interest in the property.

68-41 4. A person who receives an affidavit containing the information

68-42 required by subsection 2 is entitled to rely upon [such] that information,

69-1 and if [he] the person relies in good faith, [he] the person is immune from

69-2 civil liability for actions based on that reliance.

69-3 5. Upon receiving proof of the death of the decedent and an affidavit

69-4 containing the information required by this section:

69-5 (a) A transfer agent of any security shall change the registered

69-6 ownership of the security claimed from the decedent to the person claiming

69-7 to succeed to ownership of that security.

69-8 (b) A governmental agency required to issue certificates of ownership or

69-9 registration to personal property shall issue a new certificate of ownership

69-10 or registration to the person claiming to succeed to ownership of the

69-11 property.

69-12 6. If any property of the estate not exceeding $20,000 is located in a

69-13 state which requires an order of a court for the transfer of the property, or if

69-14 [it] the estate consists of stocks or bonds which must be transferred by an

69-15 agent outside this state, any person qualified under the provisions of

69-16 subsection 1 to have the stocks or bonds or other property transferred [to

69-17 him] may do so by obtaining a court order directing the transfer. The

69-18 person desiring the transfer must file a [verified petition in a court of

69-19 competent jurisdiction] petition, which may be ex parte, containing:

69-20 (a) A specific description of all [of] the property of the decedent.

69-21 (b) A list of all the liens and [encumbrances] mortgages of record at the

69-22 date of the decedent’s death.

69-23 (c) An estimate of the value of the property of the decedent.

69-24 (d) The names, ages of any minors, and residences of the decedent’s

69-25 heirs and [legatees.] devisees.

69-26 (e) A [prayer requesting] request for the court to issue an order

69-27 directing the transfer of the stocks or bonds or other property if the court

69-28 finds the gross value of the estate does not exceed $20,000.

69-29 (f) An attached copy of the executed affidavit made pursuant to

69-30 subsection 2.

69-31 If the court finds that the gross value of the estate does not exceed $20,000

69-32 and the person requesting the transfer is entitled to it, the court may [issue]

69-33 enter an order directing the transfer.

69-34 Sec. 269. NRS 147.010 is hereby amended to read as follows:

69-35 147.010 [An executor or administrator] A personal representative

69-36 shall publish and mail notice to creditors in the manner provided in NRS

69-37 155.020.

69-38 Sec. 270. NRS 147.020 is hereby amended to read as follows:

69-39 147.020 If [an executor or administrator] a personal representative

69-40 dies, resigns or is removed after the expiration of the time for the

69-41 publication or mailing of notice to creditors, [his] the successor need not

69-42 give any further notice to creditors.

70-1 Sec. 271. NRS 147.030 is hereby amended to read as follows:

70-2 147.030 After the notice to creditors has been mailed or published, a

70-3 copy , [thereof,] with the affidavit of publication or, if notice is mailed,

70-4 with [proof] a certificate of mailing, must be filed with the clerk . [of the

70-5 court.]

70-6 Sec. 272. NRS 147.040 is hereby amended to read as follows:

70-7 147.040 1. [All persons having claims,] A person having a claim,

70-8 due or to become due, against the [deceased] decedent must file [their

70-9 claims] his claim with the clerk [of the court] within 90 days after the

70-10 mailing [,] for those required to be mailed, or 90 days after the first

70-11 publication of the notice to creditors pursuant to NRS 155.020.

70-12 2. A creditor who receives a notice to creditors by mail pursuant to

70-13 subsection 5 of NRS 155.020 must file a claim with the clerk within 30

70-14 days after the mailing or 90 days after the first publication of notice to

70-15 creditors pursuant to NRS 155.020, whichever is sooner.

70-16 3. If a claim is not filed with the clerk within [90 days after the first

70-17 publication or mailing of the notice,] the time allowed by subsection 1 or

70-18 2, the claim is forever barred, but [when] if it is made to appear, by the

70-19 affidavit of the claimant or by other proof to the satisfaction of the court,

70-20 that the claimant did not have notice as provided in NRS 155.020 [,] or

70-21 actual notice of the administration of the estate, the claim may be filed at

70-22 any time before the filing of the final account.

70-23 4. The period of 90 days prescribed by this section is reduced to 60

70-24 days if summary administration is granted under chapter 145 of NRS.

70-25 Sec. 273. NRS 147.050 is hereby amended to read as follows:

70-26 147.050 1. If [the executor or administrator] a personal

70-27 representative is a creditor of the decedent [he shall file his] , the claim

70-28 must be filed with the clerk , who must present it for allowance or rejection

70-29 to the [judge.] court. Its allowance by the [judge] court is sufficient

70-30 evidence of its correctness, and it must be paid as other claims in due

70-31 course of administration.

70-32 2. If the [judge] court rejects the claim, action thereon may be [had

70-33 against the executor or administrator as such by the claimant,] brought by

70-34 the personal representative as claimant against the estate, and summons

70-35 must be served upon the [judge, who] court, which shall appoint an

70-36 attorney, at the expense of the estate, to defend the action. If the claimant

70-37 fails to recover , he must pay all costs, including [defendant’s] reasonable

70-38 attorney’s fees [,] for the estate, to be fixed by the court.

70-39 Sec. 274. NRS 147.060 is hereby amended to read as follows:

70-40 147.060 1. If a judge of the district court files or presents a claim

70-41 against [any] the estate of a [deceased person,] decedent, the administration

70-42 of which is pending before [him, such] that judge , the judge must

70-43 designate, in writing, some other district judge [of the district court of the

71-1 State of Nevada,] who, upon presentation of the claim [to him, shall be] , is

71-2 vested with power to approve or reject it.

71-3 2. In case of its rejection by the [executor or administrator or by such]

71-4 designated judge, the claimant has the same right to [sue] bring an action

71-5 for its recovery as other persons whose claims are rejected.

71-6 Sec. 275. NRS 147.070 is hereby amended to read as follows:

71-7 147.070 1. [Every] A claim for an amount of $250 or more filed with

71-8 the clerk must be supported by the affidavit of the claimant that:

71-9 (a) The amount is justly due (or if the claim is not yet due, that the

71-10 amount is a just demand and will be due on the ..... day of ........).

71-11 (b) No payments have been made thereon which are not credited.

71-12 (c) There are no offsets to the amount demanded to the knowledge of the

71-13 claimant or other affiant.

71-14 2. Every claim filed with the clerk must contain the mailing address of

71-15 the claimant. Any written notice mailed by [an executor or administrator] a

71-16 personal representative to the claimant at the address furnished is proper

71-17 notice.

71-18 3. When the affidavit is made by any other person than the claimant,

71-19 the reasons why it is not made by the claimant must be set forth in the

71-20 affidavit.

71-21 4. The oath may be taken before any person authorized to administer

71-22 oaths.

71-23 5. The amount of interest must be computed and included in the

71-24 statement of the claim and the rate of interest determined.

71-25 6. Except as otherwise provided in subsection 7, the court may, [in its

71-26 discretion,] for good cause shown, allow a defective claim or affidavit to be

71-27 corrected or amended on application made at any time before the filing of

71-28 the final account [.] , but an amendment may not be made to increase the

71-29 amount of a claim after the time for filing a claim has expired.

71-30 7. The court shall allow the welfare division of the department of

71-31 human resources to amend at any time before the filing of the final account

71-32 a claim for the payment of benefits for Medicaid that the division identifies

71-33 after the original claim has been filed.

71-34 Sec. 276. NRS 147.080 is hereby amended to read as follows:

71-35 147.080 1. If [the claim be] a claim is founded upon a bond, bill,

71-36 note or other instrument, the original instrument need not be filed, but a

71-37 copy, with all endorsements, [may] must be attached to the statement of the

71-38 claim and filed therewith.

71-39 2. If [the claim be] a claim is secured by mortgage [, deed of trust, or

71-40 other evidence of lien, it, or] or lien, a certified copy [from a record, shall]

71-41 of the mortgage or lien must be attached to the claim and filed [therewith.]

71-42 with the clerk.

72-1 Sec. 277. NRS 147.090 is hereby amended to read as follows:

72-2 147.090 [1. No statute of limitations running on a cause of action

72-3 belonging to a decedent which had not been barred as of the date of his

72-4 death bars a cause of action surviving the death of the decedent sooner than

72-5 4 months after the death. A cause of action which, but for this section,

72-6 would have been barred less than 4 months after death, is barred after 4

72-7 months, unless tolled.

72-8 2.] A claim which is barred by the statute of limitations must not be

72-9 allowed or approved by [the executor or administrator, or by the judge.

72-10 When a claim is presented to a judge for his allowance or approval, he may,

72-11 in his discretion, examine the claimant and others on oath and hear any

72-12 legal evidence touching the validity of the claim.] a personal

72-13 representative or by the court. No claim [,] which has been [allowed,]

72-14 timely filed is affected by the statute of limitations, pending the

72-15 administration of the estate.

72-16 Sec. 278. NRS 147.100 is hereby amended to read as follows:

72-17 147.100 [If an action be]

72-18 1. Except as otherwise ordered by the court for good cause shown, an

72-19 action or proceeding pending against [the deceased] a decedent at the time

72-20 of his [or her death, the plaintiff, in like manner, shall file his claim with the

72-21 clerk, and no recovery shall be held in the action unless proof be made of

72-22 such filing.] death may not be continued against the decedent’s personal

72-23 representative unless:

72-24 (a) A claim is first filed as provided in this chapter;

72-25 (b) The claim is rejected in whole or in part; and

72-26 (c) Within 60 days after notice of rejection is given, the claimant who

72-27 is the plaintiff applies to the court in which the action or proceeding is

72-28 pending for an order substituting the personal representative in the

72-29 action or proceeding. This requirement applies only if the notice of

72-30 rejection contains a statement that the claimant has 60 days within which

72-31 to apply for an order of substitution.

72-32 2. No recovery may be allowed in an action against property in the

72-33 estate of a decedent unless proof is made of compliance with this section.

72-34 Sec. 279. NRS 147.110 is hereby amended to read as follows:

72-35 147.110 1. Within 15 days after the time for filing claims has

72-36 expired, as provided in this chapter, the [executor or administrator]

72-37 personal representative shall examine all claims filed and shall either

72-38 endorse on each claim [his] an allowance or rejection, with the day and the

72-39 year thereof, or shall file a notice of allowance or rejection with the date

72-40 and the year thereof, and [such] the notice of allowance or rejection [shall]

72-41 must be attached to the claim allowed or rejected [.

73-1 2. Within 5 days after the 15 days specified in subsection 1, the

73-2 executor or administrator shall present all claims allowed by him to the

73-3 district judge for his approval or rejection.

73-4 3. If an executor or administrator refuses or neglects] and filed with

73-5 the clerk.

73-6 2. If a personal representative refuses or neglects to endorse on a

73-7 claim [his] an allowance or rejection within 15 days, as specified in this

73-8 section, or does not file a notice of allowance or rejection, the claim shall

73-9 be deemed rejected, but the [executor or administrator] personal

73-10 representative may, nevertheless, allow the claim at any time before the

73-11 filing of the final account.

73-12 [4.] 3. If a claim is deemed rejected pursuant to subsection [3, the

73-13 executor or administrator] 2, the personal representative must, not more

73-14 than 10 days after the rejection, provide written notice of the rejection by

73-15 registered mail to all affected creditors.

73-16 4. A personal representative need not allow or reject a claim that was

73-17 not timely filed unless the court otherwise orders.

73-18 Sec. 280. NRS 147.120 is hereby amended to read as follows:

73-19 147.120 All claims [, when] approved by the [judge, shall] personal

73-20 representative or the court must be ranked among the acknowledged debts

73-21 of the estate, to be paid in due course of administration.

73-22 Sec. 281. NRS 147.130 is hereby amended to read as follows:

73-23 147.130 1. [When] If a claim is rejected by the [executor or

73-24 administrator or the district judge,] personal representative or the court, in

73-25 whole or in part, the [holder] claimant must be immediately notified by the

73-26 [executor or administrator, and the holder] personal representative, and

73-27 the claimant must bring suit in the proper court against the [executor or

73-28 administrator] personal representative within 60 days after the notice [,] or

73-29 file a timely petition for summary determination pursuant to subsection 2,

73-30 whether the claim is due or not, or the claim is forever barred. [If the holder

73-31 of a claim resides out of the county, he may] A claimant must be informed

73-32 of the rejection of [his] the claim by written notice forwarded to [his post

73-33 office] the claimant’s mailing address by registered or certified mail.

73-34 2. If a claim filed by the welfare division of the department of human

73-35 resources is rejected by the [executor or administrator,] personal

73-36 representative, the state welfare administrator [or his designated

73-37 representative] may, within 20 days after receipt of the written notice of

73-38 rejection, petition the [district judge] court for summary determination of

73-39 the claim. A petition for summary determination must be filed with the

73-40 clerk , [of the court,] who shall set the petition for hearing, and notice must

73-41 be given for the period and in the manner required by NRS 155.010.

73-42 Allowance of the claim by the [judge] court is sufficient evidence of its

74-1 correctness , and it must be paid as if previously allowed by the [executor

74-2 or administrator.] personal representative.

74-3 3. In any [suit] action brought upon a claim rejected in whole or in

74-4 part by the [executor or administrator, if the executor or administrator]

74-5 personal representative, if he resides out of the state [,] or has departed

74-6 from the state, or cannot, after due diligence, be found within the state, or

74-7 conceals himself to avoid the service of summons, the summons, together

74-8 with a copy of the complaint, must be mailed directly to the last address

74-9 given by [the executor or administrator,] him, with a copy to the attorney

74-10 for the estate, and proof of the mailing must be filed with the [county clerk

74-11 of the county] clerk where the administration of the estate is pending. This

74-12 service is the equivalent of personal service upon the [executor or

74-13 administrator, but the defendant] personal representative, but he has 30

74-14 days from the date of [such] service within which to answer.

74-15 4. If the [defendant] personal representative defaults after such

74-16 service, the default is sufficient grounds for his removal as [executor or

74-17 administrator] personal representative by the court without notice. Upon

74-18 petition and notice, in the manner provided for an application for letters of

74-19 administration, an administrator or an administrator with the will annexed

74-20 must be appointed by the court and, upon his qualification as such, letters

74-21 of administration or letters of administration with the will annexed must be

74-22 issued.

74-23 Sec. 282. NRS 147.140 is hereby amended to read as follows:

74-24 147.140 The time during which there [shall be] is a vacancy in the

74-25 administration [shall] must not be included in any limitations prescribed in

74-26 this [Title.] chapter, except as otherwise provided in NRS 147.020.

74-27 Sec. 283. NRS 147.150 is hereby amended to read as follows:

74-28 147.150 No holder of a claim against an estate [shall] may maintain an

74-29 action thereon unless the claim is first filed with the clerk [,] and the claim

74-30 is rejected in whole or in part, except in the following case: An action may

74-31 be brought by the holder of a mortgage [or lien] to enforce the [same]

74-32 mortgage against the property of the estate subject thereto [where] if all

74-33 recourse against any other property of the estate is expressly waived in the

74-34 complaint.

74-35 Sec. 284. NRS 147.160 is hereby amended to read as follows:

74-36 147.160 1. [Whenever the executor or administrator or the district

74-37 judge shall act upon any claim that may be filed, he] A personal

74-38 representative who, or a court which, acts upon a filed claim shall

74-39 endorse on the claim the amount [he is willing to allow.

74-40 2. Should] offered to be allowed.

74-41 2. If the creditor [refuse] refuses to accept the amount offered to be

74-42 allowed in satisfaction of [his claim, he] the claim, the creditor shall

74-43 recover no costs in any action [which he may bring] brought on the claim

75-1 against the [executor or administrator] personal representative unless he

75-2 [shall recover] recovers a greater amount than that offered to be allowed.

75-3 Sec. 285. NRS 147.170 is hereby amended to read as follows:

75-4 147.170 1. If the [executor or administrator] personal representative

75-5 doubts the correctness of any claim filed [or presented he] , the personal

75-6 representative may enter into an agreement in writing with the claimant to

75-7 refer the matter in controversy to some disinterested person, as a master, to

75-8 be approved by the court [or a judge thereof, which] , and the agreement

75-9 and approval [shall] must be filed with the clerk . [, who shall thereupon]

75-10 The court shall enter an order referring the matter in controversy to the

75-11 person so selected [; or,] , or if the parties consent, [a reference may be

75-12 made to] the matter may be heard by the court.

75-13 2. The master must hear and determine the matter and make [his report

75-14 thereon] a report to the court.

75-15 3. The same proceedings [shall] must be had in all respects , and the

75-16 master [shall have] has the same powers, [be] is entitled to the same

75-17 compensation and is subject to the same control as in other cases of

75-18 reference.

75-19 4. The court may remove the master, appoint another , [in his place,]

75-20 set aside or confirm [his] the report, and adjudge costs, as in actions against

75-21 [executors or administrators,] personal representatives, and the judgment

75-22 of the court thereon [shall be] is as valid and effectual, in all respects, as if

75-23 the [same] judgment had been [rendered in a suit] entered in an action

75-24 commenced by ordinary process . [; but the report of the master, if

75-25 confirmed, merely establishes or rejects the claim, the same as if it had

75-26 been allowed or rejected by the executor or administrator or judge.]

75-27 Sec. 286. NRS 147.180 is hereby amended to read as follows:

75-28 147.180 1. After the time for the presentation of claims has expired,

75-29 the [executor or administrator,] personal representative, with the approval

75-30 of the court, may compromise any claim against the estate or any [suit]

75-31 action brought against the [executor or administrator] personal

75-32 representative as such by the transfer of specific assets of the estate or

75-33 otherwise.

75-34 2. To obtain such approval, the [executor or administrator] personal

75-35 representative shall file a [verified] petition with the clerk showing the

75-36 advantage of the compromise.

75-37 3. The clerk shall set the petition for hearing [by the court, and] , and

75-38 the personal representative shall give notice thereof [shall be given] for

75-39 the period and in the manner required by NRS 155.010.

75-40 4. If, under this section, the court authorizes the transfer of real

75-41 property of the estate, conveyances [shall] must be executed by the

75-42 [executor or administrator] personal representative in the same manner as

76-1 provided in NRS 148.280, and [such conveyances shall] have the same

76-2 force and effect as conveyances executed pursuant to that section.

76-3 5. A certified copy of the order authorizing the transfer must be

76-4 recorded in the office of the recorder of the county in which the real

76-5 property, or any portion thereof, [lies.] is located.

76-6 Sec. 287. NRS 147.190 is hereby amended to read as follows:

76-7 147.190 [When] If a judgment [has been] is recovered with costs

76-8 against [any executor or administrator, the executor or administrator shall

76-9 be personally liable for the costs, but they shall] a personal representative,

76-10 the costs must be allowed [him in his administration accounts, unless it

76-11 shall appear] to the personal representative from the accounts of the

76-12 administration, unless it appears that the [suit] action or proceeding in

76-13 which the costs were taxed [shall have been] was prosecuted or resisted by

76-14 the personal representative without cause.

76-15 Sec. 288. NRS 147.200 is hereby amended to read as follows:

76-16 147.200 1. The effect of [any] a judgment rendered against [any

76-17 executor or administrator upon any claim] a personal representative upon

76-18 a claim for money against the estate of [his testator or intestate shall only

76-19 be] the decedent is only to establish the claim in the same manner as if it

76-20 had been allowed by the [executor or administrator and the district judge,]

76-21 personal representative, and the judgment [shall] must be that the

76-22 [executor or administrator] personal representative pay, in due course of

76-23 administration, the amount ascertained to be due.

76-24 2. A certified copy of the judgment [shall] must be filed in the estate

76-25 proceedings.

76-26 3. No execution [shall] may issue upon the judgment, nor [shall] does

76-27 it create any lien upon the property of the estate, nor give the judgment

76-28 creditor any priority of payment.

76-29 4. This section does not apply to a judgment of foreclosure of a [lien.]

76-30 mortgage.

76-31 Sec. 289. NRS 147.210 is hereby amended to read as follows:

76-32 147.210 1. [When any] If a judgment has been [rendered] entered

76-33 against the [deceased in his or her] decedent in the decedent’s lifetime , no

76-34 execution [shall issue thereon after his or her death;] may issue after death,

76-35 but a certified copy of the judgment [shall] must be attached to the

76-36 statement of claim filed with the clerk and [shall] must be acted on as any

76-37 other claim.

76-38 2. If an execution has been [actually] levied upon any property of the

76-39 [deceased in his] decedent in the decedent’s lifetime , the [same] property

76-40 may be sold for the satisfaction [thereof,] of the judgment, and the officer

76-41 making the sale shall account to the [executor or administrator] personal

76-42 representative for any surplus in his hands.

77-1 3. The lien of an attachment may be converted into the lien of a

77-2 judgment on property in the estate subject to the lien of the attachment,

77-3 with the same priority:

77-4 (a) If the judgment debtor dies after entry of judgment; or

77-5 (b) If judgment is entered after the death of the defendant,

77-6 in the action in which the property was attached.

77-7 Sec. 290. NRS 147.220 is hereby amended to read as follows:

77-8 147.220 All claims paid bear interest from date of filing at a rate equal

77-9 to the prime rate at the largest bank in Nevada, as ascertained by the

77-10 commissioner of financial institutions, on January 1 or July 1, as the case

77-11 may be, immediately preceding the date of filing, plus 2 percent, unless a

77-12 different rate is applicable by contract or otherwise. The rate of interest

77-13 must be adjusted accordingly on each January 1 and July 1 thereafter until

77-14 the amount of the [lien] claim is paid.

77-15 Sec. 291. NRS 147.230 is hereby amended to read as follows:

77-16 147.230 No [executor or administrator shall be] personal

77-17 representative is chargeable upon any special promise to [answer] assume

77-18 liability for damages or to pay the debts of the [deceased out of his own

77-19 estate,] decedent from his own assets, unless the agreement for that

77-20 purpose, or some memorandum or note thereof, is in writing and signed by

77-21 [such executor or administrator,] the personal representative, or by some

77-22 other person by him thereunto specially authorized.

77-23 Sec. 292. Chapter 148 of NRS is hereby amended by adding thereto

77-24 the provisions set forth as sections 293 to 297, inclusive, of this act.

77-25 Sec. 293. If a person who is bound by contract in writing to convey

77-26 or transfer property dies before making the conveyance or transfer, and

77-27 the decedent, if living, could have been compelled to make the

77-28 conveyance or transfer, the court in which proceedings are pending for

77-29 the administration of the estate of the decedent may enter an order

77-30 directing the personal representative to convey or transfer the property to

77-31 the persons entitled thereto.

77-32 Sec. 294. 1. The personal representative, or the person claiming to

77-33 be entitled to the conveyance or transfer, may file with the clerk a petition

77-34 setting forth the facts upon which the claim is predicated.

77-35 2. The clerk shall set the petition for hearing, and the petitioner shall

77-36 give notice for the period and in the manner required by NRS 155.010.

77-37 Sec. 295. 1. At the time appointed, the court, upon proof that due

77-38 notice of the hearing has been given, shall hear the petition and any

77-39 objection that has filed or is presented.

77-40 2. If the court is satisfied that the conveyance or transfer should be

77-41 made, it shall enter an order directing the personal representative to

77-42 execute the conveyance or transfer to the person entitled thereto.

78-1 3. If the transaction relates to real property, a certified copy of the

78-2 order must be recorded with the deed in the office of the county recorder

78-3 of the county in which the real property is located.

78-4 Sec. 296. 1. The order is prima facie evidence of the correctness of

78-5 the proceedings and of the authority of the personal representative to

78-6 make the conveyance or transfer, and after its entry, the person entitled

78-7 to the conveyance or transfer has a right to the possession of the property

78-8 contracted for, and to hold the property according to the terms of the

78-9 intended conveyance or transfer, in like manner as if it had been

78-10 conveyed or transferred to the order.

78-11 2. The personal representative shall execute the conveyance or

78-12 transfer according to the directions of the order, and the court may

78-13 enforce its execution by process. The conveyance or transfer passes title

78-14 to the property contracted for as fully as if the contracting party had

78-15 executed it while living.

78-16 Sec. 297. If it appears advantageous to the estate to exchange any

78-17 property of the estate for other property, the court may authorize the

78-18 exchange, upon petition of the personal representative or of an interested

78-19 person. The clerk shall set the petition for hearing, and the petitioner

78-20 shall give notice of the hearing for the period and in the manner required

78-21 by NRS 155.010.

78-22 Sec. 298. NRS 148.050 is hereby amended to read as follows:

78-23 148.050 In selling property to pay debts, [legacies,] devises, family

78-24 allowance or expenses, there [shall be] is no priority between personal and

78-25 real property. When a sale of property of the estate is necessary for any

78-26 such purpose, or when it is for the advantage, benefit and best interests of

78-27 the estate and [those interested therein] any interested persons that any

78-28 property of the estate be sold, the [executor or administrator] personal

78-29 representative may sell the [same,] property, either at public auction or

78-30 private sale, using his discretion as to which property to sell first, except as

78-31 otherwise provided [by NRS 148.010 and 148.020.] in sections 344 and

78-32 384 of this act.

78-33 Sec. 299. NRS 148.060 is hereby amended to read as follows:

78-34 148.060 1. Except as otherwise provided [by] in NRS 148.170 and

78-35 148.180 [,] and in summary administration under chapter 145 of NRS,

78-36 all sales of property must be reported to the court and confirmed by the

78-37 court before the title to the property passes. [The report must be verified.]

78-38 The report and a petition for confirmation of the sale must be made within

78-39 30 days after each sale.

78-40 2. The clerk shall set the petition for hearing by the court , and the

78-41 petitioner shall give notice thereof for the period and in the manner

78-42 required by NRS 155.010, or for such a period and in such manner as may

78-43 be ordered by the court.

79-1 Sec. 300. NRS 148.070 is hereby amended to read as follows:

79-2 148.070 [Any person interested in the estate] An interested person

79-3 may file written objections to the confirmation of the sale and may be heard

79-4 thereon, and may produce witnesses in support of [his] the objections.

79-5 Before an order is made confirming a sale , it must be proved to the

79-6 satisfaction of the court that notice of the sale was given as prescribed by

79-7 this [Title,] chapter, and the order of confirmation must show that such

79-8 proof was made.

79-9 Sec. 301. NRS 148.080 is hereby amended to read as follows:

79-10 148.080 [When] If property is directed by the will to be sold, or

79-11 authority is given in the will to sell the property, the [executor] personal

79-12 representative may sell [the same] it either at public auction or private sale,

79-13 and with or without notice, as [he] the personal representative may

79-14 determine, but [he] the personal representative must make a return of sales

79-15 and obtain confirmation [thereof] as in other cases. In either case , no title

79-16 passes unless the sale is confirmed by the court , [;] but the necessity of the

79-17 sale, or its advantage or benefit to the estate or [those interested therein]

79-18 interested persons need not be shown. If directions are given in the will as

79-19 to the mode of selling, or the particular property to be sold, [such] those

79-20 directions must be observed.

79-21 Sec. 302. NRS 148.090 is hereby amended to read as follows:

79-22 148.090 If the [executor or administrator] personal representative

79-23 neglects or refuses to sell any property of the estate when it is necessary or

79-24 when it is for the advantage, benefit and best interests of the estate and

79-25 [those interested therein, or when the executor] interested persons, or if the

79-26 personal representative is directed by the will to sell the [same, any

79-27 person] property, an interested person may petition the court for an order

79-28 requiring the [executor or administrator] personal representative to sell.

79-29 The clerk shall set the petition for hearing by the court, and the petitioner

79-30 shall give notice [thereof must be given to the executor or administrator] to

79-31 the personal representative by citation served at least 5 days before the

79-32 hearing.

79-33 Sec. 303. NRS 148.100 is hereby amended to read as follows:

79-34 148.100 If there is [any] neglect or misconduct in the proceedings of

79-35 the [executor or administrator] personal representative in relation to any

79-36 sale by which [any person interested in the estate] an interested person

79-37 suffers damage, the person aggrieved may recover [the same] damages in

79-38 an action upon the bond of the [executor or administrator] personal

79-39 representative or otherwise.

79-40 Sec. 304. NRS 148.110 is hereby amended to read as follows:

79-41 148.110 1. The [executor or administrator] personal representative

79-42 may enter into a written contract with any bona fide agent, broker , or

79-43 multiple group of agents or brokers to secure a purchaser for any real

80-1 property of the estate, and by that contract , the [executor or administrator]

80-2 personal representative may grant an exclusive right to sell and shall

80-3 provide for the payment to the agent, broker , or multiple group of agents

80-4 or brokers, out of the proceeds of a sale to any purchaser secured pursuant

80-5 to the contract, of a commission, the amount of which must be fixed and

80-6 allowed by the court upon confirmation of the sale. [When] If the sale is

80-7 confirmed to the purchaser , the contract is binding and valid as against the

80-8 estate for the amount so allowed by the court.

80-9 2. By the execution of any such contract no personal liability [attaches

80-10 to the executor or administrator,] is incurred by the personal

80-11 representative, and no liability of any kind is incurred by the estate unless

80-12 [an actual] a sale is made and confirmed by the court.

80-13 3. The commission must not exceed:

80-14 (a) Ten percent for unimproved real property.

80-15 (b) Seven percent for improved real property.

80-16 Sec. 305. NRS 148.120 is hereby amended to read as follows:

80-17 148.120 When an offer is presented for confirmation by the court,

80-18 other offerors may submit higher bids and the court may confirm the

80-19 highest bid. Upon confirmation, the real estate commission [may] must be

80-20 divided between the listing agent and the agent, if any, who procured the

80-21 purchaser to whom the sale was confirmed, in accordance with the listing

80-22 agreement.

80-23 Sec. 306. NRS 148.130 is hereby amended to read as follows:

80-24 148.130 1. [When] If real or personal property is sold [, which] that

80-25 is subject to a mortgage [, deed of trust,] or other lien which is a valid claim

80-26 against the estate, the purchase money must be applied , after paying the

80-27 necessary expenses of the sale [, first,] :

80-28 (a) First, to the payment and satisfaction of the mortgage [, deed of

80-29 trust,] or other lien [, and the] ; and

80-30 (b) The residue, if any, in due course of administration.

80-31 2. The application of the purchase money to the satisfaction of the

80-32 mortgage [, deed of trust,] or other lien must be made without delay, and

80-33 the property is subject to [such mortgage, deed of trust,] the mortgage or

80-34 other lien until the purchase money has been [actually] so applied.

80-35 Sec. 307. NRS 148.140 is hereby amended to read as follows:

80-36 148.140 The purchase money, or so much thereof as [may be] is

80-37 sufficient to pay [such mortgage, deed of trust,] the mortgage or other lien,

80-38 with interest, and any lawful costs and charges thereon, may be paid to the

80-39 clerk [of the court,] if the mortgagee or other lienholder cannot be found,

80-40 whereupon the mortgage [, deed of trust,] or other lien upon the property

80-41 [shall cease,] ceases, and the purchase money must be paid over by the

80-42 clerk [of the court] without delay, in payment of the expenses of sale, and

80-43 in satisfaction of the obligation [to secure which] secured by the mortgage

81-1 [, deed of trust,] or other lien, [was taken,] and the surplus, if any, at once

81-2 returned to [the executor or administrator,] personal representative unless,

81-3 for good cause shown, after notice to the executor or administrator, the

81-4 court otherwise directs.

81-5 Sec. 308. NRS 148.150 is hereby amended to read as follows:

81-6 148.150 At [any] a sale of real or personal property upon which there

81-7 is a mortgage [, deed of trust,] or lien, the holder thereof may become the

81-8 purchaser, and [his] the receipt for the amount due [him] to the holder from

81-9 the proceeds of the sale is a payment pro tanto.

81-10 Sec. 309. NRS 148.160 is hereby amended to read as follows:

81-11 148.160 1. [It shall be lawful for an executor or administrator to] A

81-12 personal representative may sell the equity of the estate in any property

81-13 which is subject to [any encumbrance, and to] a mortgage or lien and sell

81-14 the [same] property subject to the [encumbrance and to the debt thereby

81-15 secured,] mortgage or lien, upon such proceedings as are [herein]

81-16 prescribed in this chapter for the sale of like property.

81-17 2. [In the event that] If a claim has been filed upon the debt secured by

81-18 the mortgage or lien, no such sale [shall] may be confirmed unless the

81-19 holder of the claim , [shall,] by a signed and acknowledged instrument [,]

81-20 filed in the matter of the estate, [release] releases the estate from all

81-21 liability upon the claim.

81-22 Sec. 310. NRS 148.170 is hereby amended to read as follows:

81-23 148.170 Perishable property and other personal property which will

81-24 depreciate in value if not disposed of promptly, or which will incur loss or

81-25 expense by being kept, and so much other personal property as may be

81-26 necessary to provide the family allowance pending the receipt of other

81-27 sufficient [funds,] money, may be sold without notice, and title [shall pass]

81-28 passes without confirmation , [;] but the [executor, administrator or special

81-29 administrator] personal representative is responsible for the actual value of

81-30 the property unless [, after making a sworn return, and on a proper

81-31 showing, the court shall approve the sale.] he obtains an order approving

81-32 the sale before the closing of the estate.

81-33 Sec. 311. NRS 148.180 is hereby amended to read as follows:

81-34 148.180 1. [Stocks and bonds may be sold and title thereto passed

81-35 without the necessity of confirmation, upon obtaining an order of the court.

81-36 2. A petition for such an order shall be filed with the clerk who shall

81-37 set the same for hearing by the court and shall give notice thereof for the

81-38 period and in the manner required by NRS 155.010, but the court or judge

81-39 may order the notice to be given for a shorter period or dispensed with.

81-40 3. The order shall fix the terms and conditions of sale and may

81-41 dispense with notice of sale when the minimum selling price is fixed, or

81-42 when the securities are to be sold upon an established stock or bond

81-43 exchange.] If the sale of securities is authorized by will or by consent of

82-1 the devisees or heirs to whom the securities are to be distributed, the

82-2 securities may be sold without notice, and title passes without

82-3 confirmation, if the securities are sold upon an established securities

82-4 exchange.

82-5 2. All other securities may be sold upon obtaining an order of the

82-6 court. Upon the filing of a petition requesting such an order, the clerk

82-7 shall set the matter for hearing and the petitioner shall give notice for the

82-8 period and in the manner required by NRS 155.010, but the court may

82-9 shorten the period or dispense with notice.

82-10 Sec. 312. NRS 148.190 is hereby amended to read as follows:

82-11 148.190 1. Except as otherwise provided [by] in NRS 148.080,

82-12 148.170 and 148.180 and in summary administration under chapter 145 of

82-13 NRS, [the executor or administrator] a personal representative may sell

82-14 personal property of the estate only after [he has caused notice to be

82-15 published at least 10 days before the sale in one or more issues of] notice is

82-16 published in a newspaper published in the county where the proceedings

82-17 are pending, if there is such a newspaper [;] , and if not, then in one having

82-18 general circulation in the county [.] , for 2 weeks, consisting of three

82-19 publications 1 week apart, before the day of the sale or, in the case of a

82-20 private sale, before the day on or after which the sale is to be made. For

82-21 good cause shown, the court may decrease the number of publications to

82-22 one and shorten the time for publication to a period not less than 8 days.

82-23 The notice shall include [the time and place of sale, and] a brief description

82-24 of the property to be sold [.] , a place where bids or offers will be received,

82-25 and a day on or after which the sale will be made.

82-26 2. Public sales [must] may be made at the courthouse door, at some

82-27 other public place, at the residence of the decedent or at a place designated

82-28 by the [executor or administrator;] personal representative, but no sale

82-29 may be made of any personal property which is not [present] available for

82-30 inspection at the time of sale, unless the court [shall otherwise order.]

82-31 otherwise orders.

82-32 Sec. 313. NRS 148.200 is hereby amended to read as follows:

82-33 148.200 Personal property may be sold for cash [,] or upon [a] credit.

82-34 Sec. 314. NRS 148.220 is hereby amended to read as follows:

82-35 148.220 1. Notice of the time and place of sale of real property must

82-36 be published in a newspaper published in the county in which the [land]

82-37 property, or some portion [thereof lies,] of the property, is located, if there

82-38 is one so published [(if none,] , and if not, then in such paper as the court

82-39 [or judge may direct)] directs, for 2 weeks, being [3] three publications, 1

82-40 week apart, before the day of sale [,] or, in the case of a private sale, before

82-41 the day on or after which the sale is to be made. For good cause shown,

82-42 the court may decrease the number of publications to one and shorten

82-43 the time for publication to a period not less than 8 days.

83-1 2. [When, however,] If it appears from the inventory and appraisement

83-2 that the value of the property to be sold does not exceed [$500, the

83-3 executor or administrator may, in his discretion,] $5,000, the personal

83-4 representative may dispense with the publication [,] and , in lieu thereof ,

83-5 post a notice of the time and place of sale in [3] three of the most public

83-6 places in the county [,] in which the [land] property, or some portion

83-7 [thereof lies,] of the property, is located, for 2 weeks before the day of the

83-8 sale [,] or, in the case of a private sale, before the day on or after which the

83-9 sale is to be made.

83-10 3. The property proposed to be sold must be described with common

83-11 certainty in the notice.

83-12 Sec. 315. NRS 148.230 is hereby amended to read as follows:

83-13 148.230 1. [Sales] A sale at public auction must be made in the

83-14 county in which the [land lies, and if it lies] real property is located, and if

83-15 it is located in two or more counties, it may be sold in either. The sale must

83-16 be made between the hours of 9 a.m. and [the setting of the sun on the same

83-17 day, and must be made] 5 p.m. on the day named in the notice of sale,

83-18 unless the [same] sale is postponed.

83-19 2. If, at the time appointed for the sale, the [executor or administrator

83-20 deems it for the interest of all persons concerned therein] personal

83-21 representative determines that the [same] sale should be postponed, [he

83-22 may postpone] it may be postponed from time to time, not [exceeding in

83-23 all] to exceed 3 months. In case of a postponement, notice [thereof] must be

83-24 given by a public declaration at the time and place first appointed for the

83-25 sale.

83-26 Sec. 316. NRS 148.240 is hereby amended to read as follows:

83-27 148.240 1. [In the case] The notice of a private sale [, the notice]

83-28 must state a place where bids or offers will be received, and a day on or

83-29 after which the sale will be made, which [day] must be at least [15 days

83-30 from] 2 weeks after the first publication or posting of the notice, and the

83-31 sale [must] may not be made before that day, [but] and must be made

83-32 within 1 year thereafter , [;] but if it is shown that it will be for the best

83-33 interests of the estate, the court [or judge] may, by an order, decrease the

83-34 number of publications and shorten the time of notice, which [shall] may

83-35 not, however, be less than [1 week,] 8 days, and may provide that the sale

83-36 may be made on or after a day less than [15] 2 weeks, but not less than 8

83-37 days [from] after the first publication or posting of the notice, in which

83-38 case the notice of sale and the sale may be made to correspond with [such]

83-39 the order.

83-40 2. The bids or offers must be in writing, and may be left at the place

83-41 designated in the notice or delivered to the [executor or administrator

83-42 personally, or may be filed in the office of the clerk of the court where the

84-1 proceedings are pending,] personal representative personally at any time

84-2 after the first publication or posting of the notice and before the making of

84-3 the sale.

84-4 Sec. 317. NRS 148.260 is hereby amended to read as follows:

84-5 148.260 [No]

84-6 1. Except as otherwise provided in subsection 2, no sale of real

84-7 property at private sale [shall] may be confirmed by the court unless the

84-8 court is satisfied that the sum offered represents the fair market value of the

84-9 property sold, nor unless [such] the real property has been appraised within

84-10 1 year [of] before the time of [such] sale. If it has not been appraised, a

84-11 new appraisement must be had, as in the case of an original appraisement of

84-12 an estate. This may be done at any time before the sale or confirmation

84-13 thereof.

84-14 2. If the personal representative is the sole devisee or heir of the

84-15 estate, or if all devisees or heirs consent in writing to sale without an

84-16 appraisal, the requirement of an appraisal may be dispensed with and the

84-17 personal representative may rely on the assessed value of the property for

84-18 taxation in obtaining confirmation of the sale.

84-19 Sec. 318. NRS 148.270 is hereby amended to read as follows:

84-20 148.270 1. [Upon] At the hearing , the court [must examine into]

84-21 shall consider the necessity for the sale, or the advantage, benefit and

84-22 interest of the estate in having the sale made, and must examine the return

84-23 and [witnesses] the evidence in relation to the sale.

84-24 2. If it appears to the court that good reason existed for the sale, that

84-25 the sale was legally made and fairly conducted, and complied with the

84-26 requirements of NRS 148.260, that the sum bid is not disproportionate to

84-27 the value, and it does not appear that a sum exceeding the bid by at least 5

84-28 percent if the bid is not more than $100,000, or by at least $5,000 if the bid

84-29 is $100,000 or more, may be obtained, the court shall [make] enter an order

84-30 confirming the sale and directing conveyances to be executed [; otherwise]

84-31 otherwise, it shall vacate the sale . [and direct another to be had, of which]

84-32 If the court directs that the property be resold, notice must be given and

84-33 the sale in all respects conducted as if no previous sale had taken place.

84-34 3. [But if] If a written offer of 5 percent or $5,000 more in amount than

84-35 that named in the return is made to the court by a responsible person, as

84-36 provided in subsection 2, and the bid complies with all provisions of the

84-37 law, the court may accept the offer and confirm the sale to that person,

84-38 order a new sale or conduct a public auction in open court.

84-39 4. If a higher bid is received at the time of a hearing to confirm the

84-40 sale, the court may continue the hearing if it finds that the original

84-41 bidder was not notified of the hearing and might desire to increase his

84-42 bid, but failure to notify the original bidder or to continue the hearing is

84-43 not grounds to void an order confirming a sale.

85-1 Sec. 319. NRS 148.280 is hereby amended to read as follows:

85-2 148.280 1. [Conveyances must thereupon] If a sale is confirmed, a

85-3 conveyance must be executed to the purchaser by the [executor or

85-4 administrator, and they] personal representative. The conveyance must

85-5 refer to the order confirming sale and [directing conveyances to be

85-6 executed,] a certified copy of [which] the order must be recorded in the

85-7 office of the recorder of the county in which the [land] property, or any

85-8 portion thereof [lies.] , is located.

85-9 2. [Conveyances so made convey] A conveyance so made conveys all

85-10 the right, title, interest and estate of the decedent in the [premises] property

85-11 at the time of his death , [;] and if [prior to] before the sale, by operation of

85-12 law or otherwise, the estate has acquired any right, title or interest in the

85-13 [premises,] property other than or in addition to that of the decedent at the

85-14 time of his death, [such] that right, title or interest also passes by [such

85-15 conveyances.] the conveyance.

85-16 Sec. 320. NRS 148.290 is hereby amended to read as follows:

85-17 148.290 1. If a sale is made upon [a] credit, the [executor or

85-18 administrator must] personal representative shall take the note or notes of

85-19 the purchaser for the unpaid portion of the purchase money, with a

85-20 mortgage [or deed of trust] on the property to secure their payment.

85-21 2. The mortgage [or deed of trust] may contain a provision for release

85-22 of parts of the property if the court approves the provision.

85-23 Sec. 321. NRS 148.300 is hereby amended to read as follows:

85-24 148.300 If, after the confirmation, the purchaser neglects or refuses to

85-25 comply with the terms of the sale, the court, on motion of the [executor or

85-26 administrator,] personal representative, and after notice to the purchaser,

85-27 may vacate the order of confirmation and order a resale of the property. If

85-28 the amount realized on [such] the resale does not cover the bid and the

85-29 expenses of the previous sale, [such] the purchaser is liable to the estate for

85-30 the deficiency.

85-31 Sec. 322. NRS 148.310 is hereby amended to read as follows:

85-32 148.310 [An executor or administrator] A personal representative who

85-33 fraudulently sells any real property of a decedent contrary to or otherwise

85-34 than under the provisions of this [Title] chapter is liable [in] for double the

85-35 value of the [land] property sold, as liquidated damages, to be recovered in

85-36 an action by the person having an estate of inheritance therein.

85-37 Sec. 323. NRS 148.320 is hereby amended to read as follows:

85-38 148.320 The periods of limitation prescribed in NRS 11.270 [shall]

85-39 apply to all actions for the recovery of any property sold by [an executor or

85-40 administrator] a personal representative in accordance with the provisions

85-41 of this [Title,] chapter, and to all actions to set aside such a sale.

86-1 Sec. 324. NRS 148.330 is hereby amended to read as follows:

86-2 148.330 If a decedent, at the time of [his] death, was [possessed of] a

86-3 party to a contract for the purchase of [real property, his] property, the

86-4 interest in [such] the property and under [such] the contract may be sold by

86-5 [his executor or administrator,] the personal representative in the same

86-6 manner as if [he] the decedent had died seised of [such] the property, and

86-7 the same proceedings may be had for that purpose as are prescribed in this

86-8 chapter for the sale of property of which he died seised, except as

86-9 [hereinafter provided.] otherwise provided in this chapter.

86-10 Sec. 325. NRS 148.340 is hereby amended to read as follows:

86-11 148.340 1. The sale must be made subject to all payments which are

86-12 due at the time of sale or which may thereafter become due on the contract,

86-13 and if there are any, the sale must not be confirmed by the court until the

86-14 purchaser executes a bond to the [executor or administrator] personal

86-15 representative for the benefit and indemnity of himself and of the persons

86-16 entitled to the interest of the decedent in the [lands] property so contracted

86-17 for, in double the whole amount of payments then due and thereafter to

86-18 become due on the contract, with such sureties as the court [or judge shall

86-19 approve.] approves.

86-20 2. The bond must be conditioned that the purchaser will make all

86-21 payments for the property which are then due or which become due after

86-22 the date of the sale, and will fully indemnify the [executor or administrator]

86-23 personal representative and the persons so entitled against all demands,

86-24 cost, charges and expenses by reason of any covenant or agreement

86-25 contained in the contract.

86-26 3. A bond need not be given [when] if no claim has been made against

86-27 the estate upon the contract and time for filing or presenting claims has

86-28 expired, nor [when] if the holder of the claim , [shall,] by a signed and

86-29 acknowledged instrument filed in the matter of the estate, [release] releases

86-30 the estate from all liability upon the claim.

86-31 Sec. 326. NRS 148.350 is hereby amended to read as follows:

86-32 148.350 Upon the confirmation of the sale, the [executor or

86-33 administrator must] personal representative shall execute to the purchaser

86-34 an assignment of the contract, which vests in the purchaser, [his] and the

86-35 heirs and assigns [,] of the purchaser, all the right, title and interest of the

86-36 estate, or of the persons entitled to the interest of the decedent, in the

86-37 property sold at the time of the sale, and the purchaser has the same rights

86-38 and remedies against the [vendor of the land] seller of the property as the

86-39 decedent would have had if [he were] living.

86-40 Sec. 327. NRS 148.360 is hereby amended to read as follows:

86-41 148.360 1. To enter into an agreement to sell or to give an option to

86-42 purchase a mining claim , [or claims,] or real property worked as a mine,

86-43 belonging to the estate of a decedent, the [executor or administrator, or any

87-1 person interested in the estate,] personal representative, or an interested

87-2 person, shall file a [verified] petition describing the property in question,

87-3 stating the terms and general conditions of the proposed agreement or

87-4 option, showing the advantage or advantages that may accrue to the estate

87-5 from entering into it, and [praying for] requesting an order authorizing or

87-6 directing its execution.

87-7 2. The clerk shall set the petition for hearing [by the court, and notice

87-8 thereof shall be given] , and the petitioner shall give notice for the period

87-9 and in the manner provided in NRS 155.010.

87-10 Sec. 328. NRS 148.370 is hereby amended to read as follows:

87-11 148.370 1. At the time appointed, the court, upon proof that due

87-12 notice of the hearing has been given, shall proceed to hear the petition and

87-13 any objection thereto that may have been filed or presented , [;] and if, after

87-14 a [full] hearing, the court is satisfied that it will be to the advantage of the

87-15 estate to enter into the proposed agreement, it shall [make] enter an order

87-16 [authorizing and] directing the [executor or administrator] personal

87-17 representative to enter into [such] the agreement of sale or to give [such]

87-18 the option to purchase.

87-19 2. The order may prescribe the terms and conditions of the agreement

87-20 or option.

87-21 3. A certified copy of the order [shall] must be recorded in the office

87-22 of the county recorder of every county in which the [land] property affected

87-23 by the agreement or option, or any portion thereof, [lies.] is located.

87-24 Sec. 329. NRS 148.380 is hereby amended to read as follows:

87-25 148.380 1. [At the time of making the order, the court shall] The

87-26 order must fix the amount of such additional bond as [it] the court

87-27 determines should be given by the [executor or administrator, who shall not

87-28 be] personal representative, who is not entitled to receive any of the

87-29 proceeds from the agreement or option until the bond is given and

87-30 approved.

87-31 2. When the order is [made, the executor or administrator] entered, the

87-32 personal representative shall execute, acknowledge and deliver an

87-33 agreement or option to purchase containing the conditions specified in the

87-34 order and setting forth therein that it is made by authority of the order, and

87-35 giving the date of the order.

87-36 Sec. 330. NRS 148.390 is hereby amended to read as follows:

87-37 148.390 If the purchaser or option holder neglects or refuses to comply

87-38 with the terms of the agreement or option, the court, on [motion of the

87-39 executor or administrator,] petition of the personal representative, and

87-40 after notice to the purchaser or option holder, shall [make] enter an order

87-41 canceling the agreement or option [; but such cancellation shall] , but the

87-42 cancellation does not affect any liability [therefore] previously created.

88-1 Sec. 331. NRS 148.400 is hereby amended to read as follows:

88-2 148.400 [When] If the terms of [such] an agreement to sell or option

88-3 to purchase have been complied with by the purchaser or option holder, and

88-4 all payments have been made according to the terms thereof, the [executor

88-5 or administrator must] personal representative shall make a return [of his

88-6 proceedings] to the court and petition for [a confirmation thereof, and

88-7 thereupon notice shall] confirmation. Notice must be given, a hearing had,

88-8 an order made by the court confirming or refusing to confirm the

88-9 proceedings and conveyances executed, in the same manner and with like

88-10 effect as in the case of the sale of [any] real property.

88-11 Sec. 332. Chapter 149 of NRS is hereby amended by adding thereto a

88-12 new section to read as follows:

88-13 1. The personal representative or an interested person may petition

88-14 the court to enter an order:

88-15 (a) If the decedent died in possession of, or holding title to, property

88-16 and the property or an interest in it is claimed by another.

88-17 (b) If the decedent died having a claim to property and another holds

88-18 title to or is in possession of the property.

88-19 2. The petition must state the facts upon which it is based and the

88-20 name and address of each person entitled to notice of the petition.

88-21 3. Upon the filing of the petition, the clerk shall set it for hearing and

88-22 the petitioner shall give notice of the hearing, at least 30 days before the

88-23 time set, to:

88-24 (a) All interested persons, in the manner provided in NRS 155.010.

88-25 (b) Each person claiming an interest in, or having title to or

88-26 possession of the property, and any other person whose right, title or

88-27 interest in or to the property would be affected by the granting of the

88-28 petition, in the manner provided in NRS 155.040.

88-29 (c) Any other person, in the manner directed by the court.

88-30 4. An interested person may request time for filing a response to the

88-31 petition, for discovery, or for other preparation for the hearing, and the

88-32 court may grant a continuance for a reasonable time.

88-33 5. The court shall not grant a petition under this section if it

88-34 determines that the matter should be determined by a civil action.

88-35 6. A person having or claiming title to or an interest in the property

88-36 which is the subject of the petition may, at or before the hearing, object

88-37 to the hearing if the petition is filed in a court which is not the proper

88-38 court under other law for the trial of a civil action seeking the same relief

88-39 and, if the ground for the objection is established, the court shall not

88-40 grant the petition.

88-41 7. If a civil action is pending with respect to the subject matter of the

88-42 petition and jurisdiction was obtained in the court where that action is

88-43 pending before the petition was filed, upon request of a party to the civil

89-1 action, the court shall stay action on the petition until the conclusion of

89-2 the civil action, but the court need not stay action if it determines that the

89-3 civil action was filed for the purpose of delay.

89-4 8. Except as otherwise provided in subsection 5, 6 or 7, if the court is

89-5 satisfied that a conveyance, transfer, delivery or other disposition should

89-6 be made, the court shall enter an order directing the personal

89-7 representative or other person having title to or possession of the property

89-8 to convey, transfer or deliver it to the person entitled thereto or granting

89-9 other appropriate relief.

89-10 9. If an order is entered pursuant to subsection 8:

89-11 (a) The order is prima facie evidence of the correctness of the

89-12 proceedings and of the personal representative or other person to execute

89-13 the conveyance or transfer.

89-14 (b) The person entitled under the order has the right to possession of

89-15 the property, and the right to hold the property, according to the terms of

89-16 the order as if the property had been conveyed or transferred.

89-17 (c) The personal representative or other person to whom the order is

89-18 directed shall execute the conveyance or transfer according to the terms

89-19 of the order.

89-20 (d) A conveyance or transfer by the personal representative passes title

89-21 to the property as fully as if the decedent had executed it while living.

89-22 Sec. 333. NRS 149.010 is hereby amended to read as follows:

89-23 149.010 1. [Whenever it shall appear] If it appears to be to the

89-24 advantage of the estate to borrow money upon a note or notes, [either]

89-25 unsecured or to be secured by a security agreement or other lien upon the

89-26 personal property of the decedent [,] or any part thereof, or to be secured

89-27 by a mortgage [or deed of trust] upon the real property of the decedent [,]

89-28 or any part thereof, or to mortgage or [give a deed of trust upon, or to]

89-29 create a security interest or other lien upon [, such] the property or any part

89-30 thereof, in order to pay the debts of the decedent, or [legacies,] devises, or

89-31 expenses or charges of administration, or to pay, reduce, extend or renew

89-32 [some] a security interest or agreement or lien or mortgage [or deed of trust

89-33 already subsisting] existing upon property of the estate, and as often as

89-34 occasion [therefor shall arise] arises in the administration of the estate, the

89-35 court may [authorize, empower and] direct the [executor or administrator]

89-36 personal representative to borrow the money and to execute such note or

89-37 notes [,] and, in a proper case, to execute such mortgage, [or deed of trust,]

89-38 or to give other security by way of security interest or other lien, or may

89-39 authorize, in a proper case, the execution of an extension agreement.

89-40 2. [When] If property of the estate consists of an undivided fractional

89-41 interest in real or personal property, and it [shall appear] appears to be to

89-42 the advantage of the estate to borrow money in order to improve, utilize,

89-43 operate or preserve [such] the property jointly with the other co-owner or

90-1 co-owners, or in order to pay, reduce, extend or renew some security

90-2 interest or agreement, lien [, mortgage or deed of trust already subsisting

90-3 upon all such] or mortgage existing upon the property, including the other

90-4 undivided interest or interests therein, the court may [authorize, empower

90-5 and] direct the [executor or administrator] personal representative to

90-6 borrow the money required for [such] those purposes and to join with the

90-7 owner or owners of the other undivided interest or interests in the property,

90-8 or their duly authorized representatives or agents, in the execution of such

90-9 joint and several note or notes as may be necessary, and to join with the

90-10 owner or owners of the other undivided interest or interests in the property,

90-11 or their duly authorized representatives or agents, in the execution of such

90-12 security agreement, lien [, mortgage or deed of trust] or mortgage as may

90-13 be required to secure the payment of [such] the note or notes.

90-14 [3. To obtain such orders, the proceedings to be taken and the effect

90-15 thereof shall be as provided in NRS 149.020 to 149.050, inclusive.]

90-16 Sec. 334. NRS 149.020 is hereby amended to read as follows:

90-17 149.020 1. The [executor or administrator, or any person interested

90-18 in the estate,] personal representative or an interested person shall file a

90-19 [verified] petition showing:

90-20 (a) The particular purpose or purposes for which the order is sought.

90-21 (b) The necessity for or advantage to accrue from entry of the order.

90-22 (c) The amount of money proposed to be raised, if any.

90-23 (d) The rate of interest to be paid.

90-24 (e) The length of time the note or notes are to run.

90-25 (f) A general description of the property proposed to be mortgaged or

90-26 subjected to [such deed of trust,] the security agreement or other lien.

90-27 2. The clerk shall set the petition for hearing [by the court. Notice] and

90-28 the petitioner shall give notice of the hearing [shall be given] in the

90-29 manner required by NRS 155.010 or as the court by order may require.

90-30 Sec. 335. NRS 149.030 is hereby amended to read as follows:

90-31 149.030 1. At the time appointed, the court, upon proof that due

90-32 notice of the hearing has been given, shall proceed to hear the petition and

90-33 any objection [thereto] that may have been filed or presented . [; and if,] If,

90-34 after a [full] hearing, the court is satisfied that it will be to the advantage of

90-35 the estate, it shall [make] enter an order [authorizing and] directing the

90-36 [executor or administrator] personal representative to borrow the money

90-37 and to execute [such] the note or notes, and, in a proper case, to execute

90-38 [such mortgage or deed of trust, or to] the mortgage or give other security

90-39 by way of security interest or other lien.

90-40 2. The court may direct that a lesser amount than that named in the

90-41 petition be borrowed, and may prescribe the maximum rate of interest and

90-42 the period of the loan, [and may direct in what coin or currency it shall be

90-43 paid,] and require that the interest and the whole or any part of the principal

91-1 be paid, from time to time, out of the whole estate or any part thereof, and

91-2 that the personal property to be subject to the security agreement or other

91-3 lien, or any [buildings] improvements on the premises to be mortgaged [or

91-4 subject to the deed of trust, shall be] , are insured for the further security of

91-5 the lender, and the premiums paid from the assets of the estate.

91-6 3. A certified copy of the order [shall] must be recorded in the office

91-7 of the county recorder of every county in which the [land] property affected

91-8 by the order, or any portion thereof, [lies.] is located.

91-9 Sec. 336. NRS 149.040 is hereby amended to read as follows:

91-10 149.040 The [executor or administrator] personal representative shall

91-11 execute, acknowledge and deliver the mortgage [, or deed of trust,] or other

91-12 security, as directed, setting forth therein that it is made by authority of the

91-13 order, giving the date of the order. The note or notes and mortgage [, or

91-14 deed of trust,] or other security [, shall] must be signed by the [executor or

91-15 administrator] personal representative as such, and [shall] create no

91-16 personal liability against [the person so signing.] him.

91-17 Sec. 337. NRS 149.050 is hereby amended to read as follows:

91-18 149.050 1. [Every mortgage,] A mortgage or security agreement [or

91-19 deed of trust] so made [shall be] is effectual to mortgage or subject to the

91-20 security agreement [or to the deed of trust] all right, title, interest and estate

91-21 which the decedent had in the property described therein at the time of his

91-22 death or [prior thereto] previously and any right, title or interest in the

91-23 property acquired by the estate of [such] the decedent, by operation of law

91-24 or otherwise, since the time of his death.

91-25 2. Jurisdiction of the court to administer the estate of [such decedent

91-26 shall be] the decedent is effectual to vest the court with jurisdiction to

91-27 [make] enter the order for the note or notes [,] and mortgage [,] or security

91-28 agreement [or deed of trust, and such jurisdiction shall conclusively inure] ,

91-29 and the jurisdiction conclusively inures to the benefit of the mortgagee

91-30 named in the mortgage [,] or the secured party named in the security

91-31 agreement [or the trustee and beneficiary named in the deed of trust, his or

91-32 their] and the heirs, successors and assigns [.] of the secured party.

91-33 3. No omission, error or irregularity in the proceedings [shall impair or

91-34 invalidate the same] impairs or invalidates them or the note or notes [,

91-35 mortgage,] or mortgage or security agreement [or deed of trust] given in

91-36 pursuance thereof, and the mortgagee [,] or secured party [or the trustee

91-37 and beneficiary, their] and the heirs, successors and assigns [, shall] of the

91-38 secured party, have and possess the same rights and remedies on the note

91-39 or notes [,] and mortgage [,] or security agreement [or deed of trust] as if it

91-40 had been made by the decedent [prior to] before his death, except that ,

91-41 upon any foreclosure or sale under the mortgage [,] or security agreement ,

91-42 [or deed of trust,] if the proceeds of the sale of the encumbered property are

91-43 insufficient to pay the note or notes, the mortgage [,] or security agreement

92-1 , [or deed of trust,] and the costs or expenses of sale, no judgment [shall]

92-2 may be had or allowed [,] except in cases where the note or notes [,

92-3 mortgage,] or mortgage or security agreement [or deed of trust were] was

92-4 given to pay, reduce, extend or renew a lien [or mortgage,] , mortgage or

92-5 security agreement [or deed of trust subsisting] existing at the time of the

92-6 death of the decedent and the indebtedness secured thereby was an allowed

92-7 and approved claim against the estate, in which case the part of the

92-8 indebtedness remaining unsatisfied must be classed and paid with other

92-9 allowed claims against the estate.

92-10 Sec. 338. NRS 149.060 is hereby amended to read as follows:

92-11 149.060 [Whenever it shall appear] If it appears to be to the advantage

92-12 of the estate to lease any real property of the decedent, and as often as

92-13 occasion [therefor shall arise] arises in the administration of the estate, the

92-14 court may [authorize and] direct the [executor or administrator] personal

92-15 representative to execute [such] the lease.

92-16 Sec. 339. NRS 149.070 is hereby amended to read as follows:

92-17 149.070 1. To obtain such an order the [executor or administrator, or

92-18 any person interested in the estate,] personal representative or an

92-19 interested person shall file a [verified] petition, showing the advantage to

92-20 accrue from giving the lease, a general description of the property proposed

92-21 to be leased, and the term, rental and general conditions of the proposed

92-22 lease.

92-23 2. The clerk shall set the petition for hearing [by the court. Notice] ,

92-24 and the petitioner shall give notice of the hearing [shall be given] in the

92-25 manner required by NRS 155.010 or as the court by order may require.

92-26 Sec. 340. NRS 149.080 is hereby amended to read as follows:

92-27 149.080 1. At the time appointed, the court shall hear the petition and

92-28 any objection [thereto] that may have been presented , [;] and if the court is

92-29 satisfied that it will be to the advantage of the estate, it shall [make] enter

92-30 an order [authorizing and] directing the [executor or administrator to make

92-31 such] personal representative to make the lease.

92-32 2. The order [shall] must set forth the minimum rental or royalty and

92-33 the period of the lease, which [shall] must be for such time as the court may

92-34 authorize, except as otherwise [herein] provided in subsection 5 with

92-35 respect to a lease for the purpose of production of minerals, oil, gas or

92-36 other hydrocarbon substances or natural steam.

92-37 3. The order may authorize other terms and conditions, including, with

92-38 respect to a lease for the purpose of production of minerals, oil, gas, or

92-39 other hydrocarbon substances or natural steam, a provision for the payment

92-40 of rental and royalty to a depositary, and for the appointment of a common

92-41 agent to represent the interest of all the lessors, and, if the lease is for the

92-42 purpose of production of oil, gas or other hydrocarbon substances or

92-43 natural steam, including a provision for the payment of a compensatory

93-1 royalty in lieu of rental and in lieu of drilling and producing operations on

93-2 the [land] property covered by the lease, and including a provision

93-3 empowering the lessee to enter into any agreement with lessees, operators

93-4 or owners of other [lands] property for the purpose of bringing about the

93-5 cooperative development and operation of all or parts of the field of which

93-6 the leased [land] property is a part, or for the development and operation of

93-7 all or parts of the field as a unit.

93-8 4. If the lease covers additional property owned by other persons or an

93-9 undivided interest of the decedent, or other interest of the decedent less

93-10 than the entire ownership in the property, it may provide for division of

93-11 rental and royalty in the proportion that the [land] property or interest of

93-12 each owner bears to the total area of the [land] property or total interests

93-13 covered by [such] the lease.

93-14 5. A lease for the purpose of production of minerals, oil, gas or other

93-15 hydrocarbon substances or natural steam may be for a fixed period, and so

93-16 long thereafter as minerals, oil, gas or other hydrocarbon substances or

93-17 natural steam are produced in paying quantities from the property leased or

93-18 mining or drilling operations are conducted thereon, and, if the lease

93-19 provides for the payment of a compensatory royalty, so long as [such] the

93-20 compensatory royalty is paid, and, if the [land] property covered by the

93-21 lease is included in an agreement with lessees, operators or owners of other

93-22 [lands] property for cooperative development or unit operation of a larger

93-23 area including the leased [lands,] property, so long as oil, gas or other

93-24 hydrocarbon substances or natural steam are produced in paying quantities

93-25 from any of the [lands] property included in any such agreement or drilling

93-26 operations are conducted thereon.

93-27 6. A certified copy of the order [shall] must be recorded in the office

93-28 of the county recorder of every county in which the leased [land,] property,

93-29 or any portion thereof, [lies.] is located.

93-30 Sec. 341. NRS 149.090 is hereby amended to read as follows:

93-31 149.090 1. The [executor or administrator] personal representative

93-32 shall execute, acknowledge and deliver the lease as directed, setting forth

93-33 therein that it is made by authority of the order, giving the date of the order.

93-34 2. [Every] A lease so made [shall be] is effectual to [demise and let the

93-35 premises] lease the property described, at the rent, for the term and upon

93-36 the conditions therein prescribed.

93-37 3. Jurisdiction of the court to administer the estate of the decedent

93-38 [shall be] is effectual to vest the court with jurisdiction to [make] enter the

93-39 order for the lease, and [such jurisdiction shall conclusively inure] that

93-40 jurisdiction conclusively inures to the benefit of the lessee, his heirs,

93-41 successors and assigns.

94-1 4. No [omissions,] omission, error or irregularity in the proceedings

94-2 [shall impair or invalidate the same] impairs or invalidates them or the

94-3 lease made in pursuance thereof.

94-4 Sec. 342. NRS 149.100 is hereby amended to read as follows:

94-5 149.100 [The executor or administrator] A personal representative

94-6 may lease [real] property without an order of court [when] if the tenancy is

94-7 from month to month, or for a term not to exceed 1 year.

94-8 Sec. 343. Chapter 150 of NRS is hereby amended by adding thereto

94-9 the provisions set forth as sections 344, 345 and 346 of this act.

94-10 Sec. 344. 1. If a testator makes provision by will, or designates

94-11 property to be appropriated, for the payment of debts, the expenses of

94-12 administration or family allowances, they must be paid according to that

94-13 provision or out of the property thus appropriated, to the extent that the

94-14 provision or property is sufficient.

94-15 2. To the extent the provision or property is insufficient, any portion

94-16 of the estate not disposed of by the will must be appropriated for that

94-17 purpose. To the extent that is not sufficient, the property given to

94-18 residuary devisees, and thereafter all other property devised, is liable for

94-19 those obligations in proportion to the value or amount of the respective

94-20 devises, but specific devises are exempt from that liability if exemption

94-21 appears to the court necessary to carry out the intent of the testator and

94-22 there is other sufficient property.

94-23 Sec. 345. Until all remaining property is delivered pursuant to an

94-24 order of final distribution, a personal representative shall file with the

94-25 court, annually, an account showing the income he has received, what

94-26 expenditures he has made, what property has been disbursed, or sold and

94-27 at what price, and the nature and value of the property remaining on

94-28 hand.

94-29 Sec. 346. A supplementary account of any receipts and

94-30 disbursements by the personal representative since the filing of his final

94-31 account must be filed before or at the time of making a final distribution,

94-32 unless the distribution is only of real property. A settlement of the

94-33 supplementary account, together with an estimate of the expense of

94-34 closing the estate, must be entered by the court and included in the order.

94-35 The court may order notice of the settlement of the supplementary

94-36 account.

94-37 Sec. 347. NRS 150.010 is hereby amended to read as follows:

94-38 150.010 The [executor or administrator shall] personal representative

94-39 must be allowed all necessary expenses in the [care and management, as

94-40 well as settlement,] administration and settlement of the estate, and fees

94-41 for [his services such fees] services as provided by law [; but when the

94-42 deceased shall, by his will, make] , but if the decedent by will makes some

94-43 other provision for the compensation of [his executor,] the personal

95-1 representative, this shall be deemed a full compensation for [such] those

95-2 services, unless the [executor] personal representative files a renunciation,

95-3 in writing, of all claim for the compensation provided by the will.

95-4 Sec. 348. NRS 150.020 is hereby amended to read as follows:

95-5 150.020 1. [When] If no compensation is provided by the will, or the

95-6 [executor] personal representative renounces all claims thereto, [he] fees

95-7 must be allowed [commissions] upon the whole amount of the estate which

95-8 has been accounted for [by him,] , less liens and encumbrances, as

95-9 follows:

95-10 (a) For the first $15,000, at the rate of 4 percent.

95-11 (b) For the next $85,000, at the rate of 3 percent.

95-12 (c) For all above $100,000, at the rate of 2 percent.

95-13 2. The same [commissions] fees must be allowed to [administrators.]

95-14 the personal representative if there is no will.

95-15 3. If there are two or more [executors or administrators,] personal

95-16 representatives, the compensation must be apportioned among them by the

95-17 court according to the services actually rendered by each.

95-18 [4. In all cases an additional allowance may be made by the court for

95-19 services in regard to the real property when it appears that the services are

95-20 just and reasonable.]

95-21 Sec. 349. NRS 150.030 is hereby amended to read as follows:

95-22 150.030 Such further allowances may be made as the court [may deem]

95-23 deems just and reasonable for any extraordinary services, such as:

95-24 1. Management, sales or mortgages of real or personal property.

95-25 2. Contested or litigated claims against the estate.

95-26 3. The adjustment and payments of extensive or complicated estate

95-27 taxes.

95-28 4. Litigation in regard to the property of the estate.

95-29 5. The carrying on of the decedent’s business pursuant to an order of

95-30 the court.

95-31 6. Such other litigation or special services as may be necessary for the

95-32 [executor or administrator] personal representative to prosecute, defend or

95-33 perform.

95-34 Sec. 350. NRS 150.040 is hereby amended to read as follows:

95-35 150.040 [All contracts between an executor or administrator and an

95-36 heir, devisee or legatee] A contract between a personal representative and

95-37 an heir or devisee for a higher compensation than that allowed by NRS

95-38 150.020 and 150.030 [shall be] is void.

95-39 Sec. 351. NRS 150.050 is hereby amended to read as follows:

95-40 150.050 1. [Any executor, administrator or special administrator] A

95-41 personal representative, at any time after the issuance of letters

95-42 [testamentary or of administration,] and upon such notice to the interested

95-43 persons [interested in the estate] as the court [or a judge thereof shall

96-1 require,] requires, may apply to the court for an allowance upon his

96-2 [commissions.] fees.

96-3 2. On the hearing, the court shall [make] enter an order allowing him

96-4 such portion of [his commission,] the fees, for services rendered up to that

96-5 time, as the court deems proper, and the portion so allowed may be

96-6 [thereupon] charged against the estate.

96-7 Sec. 352. NRS 150.060 is hereby amended to read as follows:

96-8 150.060 1. Attorneys for [executors, administrators and special

96-9 administrators] personal representatives are entitled to reasonable

96-10 compensation for their services, to be paid out of the decedent’s estate. The

96-11 amount must be fixed by agreement between the [executor, administrator or

96-12 special administrator] personal representative and the attorney, subject to

96-13 approval by the court, after [application,] petition, notice and hearing [,] as

96-14 provided in subsection 2. If the [executor, administrator or special

96-15 administrator] personal representative and the attorney fail to reach

96-16 agreement, or if the attorney is also the [executor, administrator or special

96-17 administrator,] personal representative, the amount must be determined

96-18 and allowed by the court. The [application] petition must contain specific

96-19 and detailed information supporting the entitlement to compensation,

96-20 including:

96-21 (a) Reference to time and hours;

96-22 (b) The nature and extent of services rendered;

96-23 (c) Claimed ordinary and extraordinary services;

96-24 (d) The complexity of the work required; and

96-25 (e) Other information considered to be relevant to a determination of

96-26 entitlement.

96-27 2. The [applicant] clerk shall set the petition for hearing, and the

96-28 petitioner shall give notice of [his application and the hearing thereof to the

96-29 executor, administrator or special administrator] the petition to the

96-30 personal representative if he is not the [applicant] petitioner and to all

96-31 known heirs [, devisees. and legatees.] in an intestacy proceeding and

96-32 devisees in a will proceeding. The notice must be [sent by registered or

96-33 certified mail at least 10 days before the hearing.] given for the period and

96-34 in the manner provided in NRS 155.010. If a complete copy of the

96-35 [application] petition is not attached to the notice, the notice must include a

96-36 statement of the amount of the fee which the court will be requested to

96-37 approve or allow.

96-38 3. On similar [application,] petition, notice and hearing, the court may

96-39 make an allowance to an attorney for services rendered up to a certain time

96-40 during the proceedings.

96-41 4. [Any heir, devisee or legatee] An heir or devisee may file objections

96-42 to [an application made] a petition filed pursuant to this section, and the

96-43 objections must be considered at the hearing.

97-1 5. Except as otherwise provided in this subsection, an attorney for

97-2 minor, absent , unborn, incapacitated or nonresident heirs is entitled to

97-3 compensation primarily out of the estate of the distributee so represented

97-4 by him in those cases and to such extent as may be determined by the court.

97-5 If the court finds that all or any part of the services performed by the

97-6 attorney for the minor, absent , unborn, incapacitated or nonresident heirs

97-7 was of value to the decedent’s entire estate as such and not of value only to

97-8 [the minor, absent or nonresident] those heirs, the court shall order that all

97-9 or part of the attorney’s fee be paid to the attorney out of the [funds] money

97-10 of the decedent’s entire estate as a general [administration] administrative

97-11 expense of the estate. The amount of these fees must be determined in the

97-12 same manner as the other attorney’s fees provided for in this section.

97-13 Sec. 353. NRS 150.070 is hereby amended to read as follows:

97-14 150.070 1. [Every executor and administrator shall be chargeable in

97-15 his own account with the whole of the estate of the deceased which should

97-16 come to his] A personal representative is accountable for the whole estate

97-17 that comes into the possession of the personal representative at the value

97-18 of the appraisement contained in the inventory, except as otherwise

97-19 provided in this Title, and [with] for all the interest, profit and income of

97-20 the estate.

97-21 2. [No executor or administrator shall be] A personal representative is

97-22 not accountable for any debts due the deceased that remain uncollected

97-23 without his fault.

97-24 3. [He] A personal representative shall not make profit by the increase

97-25 nor suffer loss by the decrease or destruction of any part of the estate

97-26 without his fault. [He] The personal representative shall account for the

97-27 excess when [he shall sell] any part of the estate is sold for more than the

97-28 [appraisement,] inventoried value and, if any [be] assets are sold for less

97-29 than [the appraisement, he shall not be] that value, the personal

97-30 representataive is not responsible for the loss if the sale has been made

97-31 according to law.

97-32 Sec. 354. NRS 150.080 is hereby amended to read as follows:

97-33 150.080 [1. Whenever] If required by the court , [or a judge thereof,

97-34 either] upon its [or his] own motion [,] or upon the [application of any

97-35 person interested in the estate, the executor or administrator must render

97-36 and] petition of an interested person, a personal representative shall file

97-37 with the clerk [a] the first, verified account, showing:

97-38 [(a)] 1. The amount of money received and expended by him.

97-39 [(b)] 2. The claims filed or presented against the estate, giving the

97-40 name of each claimant, the nature of his claim, when it became due or will

97-41 become due, whether it was allowed or rejected by him , or not yet acted

97-42 upon.

97-43 [(c)] 3. All other matters necessary to show the condition of the estate.

98-1 [2. If he neglects or refuses to appear and render such account after

98-2 having been duly cited, an attachment may be issued against him and such

98-3 accounting compelled, or his letters may be revoked, or both, in the

98-4 discretion of the court or judge.]

98-5 Sec. 355. NRS 150.100 is hereby amended to read as follows:

98-6 150.100 1. If the [executor or administrator] personal representative

98-7 fails to [render and file his] file the first account within the time specified

98-8 in NRS [150.090,] 150.080, the court [or judge] shall order a citation to

98-9 issue requiring [him] the personal representative to file the account by a

98-10 time to be stated in the citation, as fixed by the court , [or judge,] or appear

98-11 and show cause why [he] the personal representative should not be

98-12 compelled to file the account.

98-13 2. If [he] the personal representative fails to file the account by the

98-14 time stated, or show cause why [he should] not, the court, by attachment or

98-15 other proper process, may compel [him] the personal representative to file

98-16 such an account or may revoke [his letters, in the discretion of the court,]

98-17 the letters, or both, and like action may be [had] taken in reference to any

98-18 subsequent account [he] the personal representative may be [ordered]

98-19 required to file.

98-20 Sec. 356. NRS 150.110 is hereby amended to read as follows:

98-21 150.110 1. [Whenever] If all the property of an estate [shall have]

98-22 has been sold or there [shall be sufficient funds in his hands] is money

98-23 available for the payment of all debts due by the estate, and the estate [be]

98-24 is in a proper condition to be closed, the [executor or administrator shall

98-25 render and file his] personal representative shall file a final account and

98-26 [pray for] request a settlement of his administration.

98-27 2. If [he] the personal representative neglects to [render and file his]

98-28 file a final account , the same proceedings may be had as prescribed in this

98-29 chapter in regard to the first account to be filed by [him,] the personal

98-30 representative, and all the provisions relative to the first account, and the

98-31 notice and settlement thereof , [shall] apply to [his] the account for final

98-32 settlement.

98-33 Sec. 357. NRS 150.120 is hereby amended to read as follows:

98-34 150.120 [Whenever] If the authority of [an executor or administrator

98-35 shall cease or shall be] a personal representative ceases or is revoked for

98-36 any reason, [he] the personal representative may be cited by the court to

98-37 account, at the instance of the person succeeding to the administration of

98-38 the same estate, in like manner as [he] the personal representative might

98-39 have been by any interested person [interested in the estate during the time

98-40 he was executor or administrator.] during the term of the appointment.

98-41 Sec. 358. NRS 150.130 is hereby amended to read as follows:

98-42 150.130 1. If [the executor or administrator] a personal

98-43 representative dies or becomes [incompetent, his] incapacitated, the

99-1 accounts may be presented to the court by [his] the personal representative

99-2 or guardian [to, and settled by, the court in which the estate of which he

99-3 was executor or administrator is being administered, and, upon] of the

99-4 former personal representative. Upon petition of [the successor of the

99-5 deceased or incompetent executor or administrator,] a successor to the

99-6 decedent or incapacitated personal representative, the court shall compel

99-7 the personal representative or guardian [of the deceased or incompetent

99-8 executor or administrator to render] to file an account of the administration

99-9 . [of his testator or intestate, and must] The court shall settle such an

99-10 account as in other cases.

99-11 2. In the absence of a personal representative or guardian of the

99-12 [deceased or incompetent executor or administrator,] decedent or

99-13 incapacitated personal representative, the court may compel [the attorney

99-14 for the deceased or incompetent executor or administrator to render] an

99-15 attorney to file an account of the administration [of the deceased or

99-16 incompetent executor or administrator] to the extent that the attorney has

99-17 information or records available [to him] for that purpose. The account of

99-18 the attorney need not be verified. A fee [shall] must be allowed the attorney

99-19 by the court for this extraordinary service.

99-20 Sec. 359. NRS 150.140 is hereby amended to read as follows:

99-21 150.140 If the [executor or administrator absconds or conceals

99-22 himself,] personal representative absconds, or if, after reasonable

99-23 diligence, he cannot be found , so that a citation cannot be personally

99-24 served, and [shall neglect] the personal representative neglects to file an

99-25 account within 20 days after the time fixed for that purpose, [his letters

99-26 shall] the letters must be revoked.

99-27 Sec. 360. NRS 150.150 is hereby amended to read as follows:

99-28 150.150 1. [Except as provided in subsection 6, in rendering his

99-29 account, the executor or administrator shall produce vouchers for all

99-30 payments he may have made, which vouchers shall be filed and remain in

99-31 court, and he may be examined on oath touching such payments, and also

99-32 touching any property and effects of the deceased, and the disposition

99-33 thereof.

99-34 2. When any voucher shall be required for other purposes, it may be

99-35 withdrawn on leaving a certified copy on file.

99-36 3. Where the account is accompanied by a report of an accountant, or

99-37 an accountant, upon the hearing of any account, testifies that all

99-38 expenditures of $20 or more made by the executor or administrator during

99-39 the accounting period are supported by vouchers, it shall not be necessary

99-40 to produce or file the vouchers in court. The provisions of this subsection

99-41 are applicable only when the accountant has been appointed or is approved

99-42 by the court for such purpose.

100-1 4. If any vouchers be] A personal representative need not file

100-2 vouchers with the court to substantiate payments made in the

100-3 administration of the estate, but shall retain possession of the vouchers

100-4 and permit their examination by the court or an interested person.

100-5 2. The court, on its own motion or on application ex parte for good

100-6 cause by an interested person, may order production for examination

100-7 and audit the vouchers that support an account specified in the order.

100-8 3. If any vouchers are lost, or for other good reason cannot be

100-9 produced on settlement of an account, the payment may be proved by the

100-10 oath of one competent witness. If it is proven that vouchers for any

100-11 disbursements have been lost or destroyed, that it is impossible to obtain

100-12 duplicates, and that the [items] expenses were paid in good faith and were

100-13 legal charges against the estate, the [executor or administrator shall]

100-14 personal representative must be allowed [such items.

100-15 5. He may be allowed any item of expenditure not exceeding $20 for

100-16 which no voucher is produced, if it is supported by his uncontradicted oath

100-17 positive to the fact of payment, specifying when, where and to whom it was

100-18 made; but the total amount of such allowances in all his accounts must not

100-19 exceed $500.

100-20 6. A corporate executor or administrator is not required to file

100-21 vouchers with the court to substantiate payments made in the administration

100-22 of the estate, but shall retain possession of such vouchers and permit

100-23 examination thereof by any party interested in the estate or the court.] those

100-24 expenses.

100-25 Sec. 361. NRS 150.160 is hereby amended to read as follows:

100-26 150.160 1. [When] If an account [is rendered and set for settlement

100-27 by the court, notice thereof must be given] and a petition for settlement

100-28 thereof is filed, the clerk shall set the petition for hearing and the

100-29 petitioner shall give notice for the period and in the manner required by

100-30 NRS 155.010.

100-31 2. If the account is for a final settlement and a petition for the final

100-32 distribution of the estate is filed with the account, the notice of settlement

100-33 must so state, and on the settlement of the account, distribution of the estate

100-34 to those entitled thereto may be [had immediately.] made as soon as

100-35 possible.

100-36 Sec. 362. NRS 150.170 is hereby amended to read as follows:

100-37 150.170 1. [Any person interested in the estate] An interested person

100-38 may appear and file written [exceptions] objections to the account and

100-39 contest [the same.] it.

100-40 2. Upon the hearing, the [executor or administrator] personal

100-41 representative may be examined [on oath touching] under oath

100-42 concerning the account and the property and effects of the decedent and

100-43 the disposition thereof.

101-1 3. All matters, including allowed claims, not [passed upon on]

101-2 addressed in the settlement of any former account , and not reduced to

101-3 judgment, may be contested for cause shown.

101-4 Sec. 363. NRS 150.180 is hereby amended to read as follows:

101-5 150.180 1. If [there be] a minor is interested in the estate who has no

101-6 legally appointed guardian, the court may appoint [some] a disinterested

101-7 attorney to represent him who [, on behalf of the minor,] may contest the

101-8 account as any other interested person [having an interest] might contest it.

101-9 2. The court may also appoint an attorney to represent unborn,

101-10 incapacitated or absent heirs and devisees . [and legatees.]

101-11 3. All matters, including allowed claims not [passed upon on]

101-12 addressed in the settlement of any former account, or [on making a decree]

101-13 in entering an order of sale, may be contested by interested [parties]

101-14 persons for cause shown.

101-15 4. [Any] An attorney so appointed [shall] must be paid [a reasonable

101-16 compensation out of the estate, which payment shall be an expense of

101-17 administration of the estate. The amount of such fee shall be determined by

101-18 the court.] as provided in NRS 150.060.

101-19 Sec. 364. NRS 150.190 is hereby amended to read as follows:

101-20 150.190 No account [shall] may be allowed by the court until it [be] is

101-21 first proved that the notice required by this chapter has been given, and the

101-22 order [or decree shall] must show that such proof was made to the

101-23 satisfaction of the court . [and shall be] The order is conclusive evidence of

101-24 the fact.

101-25 Sec. 365. NRS 150.200 is hereby amended to read as follows:

101-26 150.200 [At the time any] If an account comes before the court for

101-27 allowance [, if] and there are no [exceptions] objections filed by any

101-28 interested person , [interested in the estate,] and the account is made to

101-29 appear to the court to be correct and according to law, the court [may] shall

101-30 allow and confirm the account.

101-31 Sec. 366. NRS 150.210 is hereby amended to read as follows:

101-32 150.210 [The] An order settling and allowing [the] an account, when it

101-33 becomes final, is conclusive against all interested persons [interested in the

101-34 estate, saving, however, to persons] , but a person under legal disability [,]

101-35 has the right to move for cause to reopen and examine the account, or to

101-36 proceed by action against the [executor or administrator] personal

101-37 representative or his sureties at any time before final distribution , [;] and

101-38 in any such action [such] , the order is prima facie evidence of the

101-39 correctness of the account.

101-40 Sec. 367. NRS 150.220 is hereby amended to read as follows:

101-41 150.220 The debts and charges of the estate must be paid in the

101-42 following order:

101-43 1. Expenses of administration.

102-1 2. Funeral expenses.

102-2 [2.] 3. The expenses of the last [sickness.

102-3 3.] illness.

102-4 4. Family allowance.

102-5 [4.] 5. Debts having preference by laws of the United States.

102-6 [5.] 6. Money owed to the department of human resources as a result

102-7 of the payment of benefits for Medicaid.

102-8 [6.] 7. Wages to the extent of $600, of each employee of the decedent,

102-9 for work done or personal services rendered within 3 months before the

102-10 death of the employer. If there is not sufficient money with which to pay all

102-11 such labor claims in full, the money available must be distributed among

102-12 the claimants in accordance with the amounts of their respective claims.

102-13 [7.] 8. Judgments rendered against the deceased in his lifetime, and

102-14 mortgages in order of their date. The preference given to a mortgage [must

102-15 only extend] extends only to the proceeds of the property mortgaged. If the

102-16 proceeds of [such] that property are insufficient to pay the mortgage, the

102-17 part remaining unsatisfied must be classed with other demands against the

102-18 estate.

102-19 [8.] 9. All other demands against the estate.

102-20 Sec. 368. NRS 150.230 is hereby amended to read as follows:

102-21 150.230 1. The [executor or administrator] personal representative

102-22 shall, as soon as [he has sufficient funds in his hands,] sufficient money is

102-23 available, upon receipt of a sworn statement of the amount due and without

102-24 any formal action upon creditors’ claims, pay the funeral expenses, the

102-25 expenses of the last [sickness,] illness, the allowance made to the family of

102-26 the [deceased,] decedents, money owed to the department of human

102-27 resources as a result of payment of benefits for Medicaid and wage claims

102-28 to the extent of $600 of each employee of the decedent for work done or

102-29 personal services rendered within 3 months before the death of the

102-30 employer, but [he] may retain [in his hands] the necessary expenses of

102-31 administration.

102-32 2. [He] The personal representative is not obliged to pay any other

102-33 debt or any [legacy] devise until the payment is ordered by the court.

102-34 3. [He] The personal representative may, before court approval or

102-35 order, pay any of the decedent’s debts amounting to $500 or less if:

102-36 (a) Claims for payment thereof [are] have been properly filed in the

102-37 proceedings;

102-38 (b) The debts are [justly] legally due; and

102-39 (c) The estate is solvent.

102-40 In settling the account of the estate, the court shall allow any such payment

102-41 if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise,

102-42 the [executor or administrator] personal representative is personally liable

102-43 to any person sustaining loss or damage as a result of [such] the payment.

103-1 4. Funeral expenses and expenses of a last [sickness] illness are debts

103-2 payable out of the estate of the [deceased spouse] decedent and must not be

103-3 charged to the community share of a surviving spouse, whether or not the

103-4 surviving spouse is financially able to pay [such] those expenses and

103-5 whether or not the surviving spouse or any other person is also liable

103-6 therefor.

103-7 Sec. 369. NRS 150.235 is hereby amended to read as follows:

103-8 150.235 [Where any] If a trust, life estate or estate for years is created

103-9 by [or under] a will to continue after distribution, the income received by

103-10 the [executor or administrator] personal representative from the securities

103-11 or other property which [,] upon distribution [,] will comprise the trust

103-12 estate, or in which [such] the life estate or estate for years is created,

103-13 [shall,] during the administration of the estate and until the property is

103-14 distributed to the trustee or other person entitled thereto, belong to the

103-15 estate and may be applied to payment of the debts, expenses and charges of

103-16 the estate unless the will otherwise directs.

103-17 Sec. 370. NRS 150.240 is hereby amended to read as follows:

103-18 150.240 1. Upon the settlement of any account of the [executor or

103-19 administrator,] personal representative after the time to file [or present]

103-20 claims has expired, the court shall order the payment of the debts as the

103-21 circumstances of the estate permit. If there [are] is not sufficient [funds]

103-22 money to pay all of the debts, the order [shall] must specify the sum to be

103-23 paid to each creditor.

103-24 2. No creditor of any one class [shall] may receive any payment until

103-25 all those of a preferred class are fully paid , [;] and if the estate is

103-26 insufficient to pay all debts of any one class, each creditor of that class

103-27 must be paid a dividend in proportion to [his] that creditor’s claim.

103-28 3. If the property of the estate is exhausted by the payment ordered,

103-29 [such account shall constitute] the account constitutes a final account, and

103-30 the [executor or administrator shall be] personal representative is entitled

103-31 to his discharge [on producing and] upon filing the necessary [vouchers

103-32 and] proof showing that he has complied with the order.

103-33 Sec. 371. NRS 150.250 is hereby amended to read as follows:

103-34 150.250 1. If there is [any] a claim not due, or any contingent or

103-35 disputed claims against the estate, the amount thereof, or such part of the

103-36 [same] amount as the holder would be entitled to if the claim were due,

103-37 established or absolute, must be paid [into court,] to the clerk and there

103-38 remain, to be paid over to the holder when [he] the holder becomes entitled

103-39 thereto [;] or, if [he] the holder fails to establish [his] a claim, to be paid

103-40 over or distributed as the circumstances of the estate require.

103-41 2. If a creditor whose claim has been allowed but is not yet due appears

103-42 and assents to a deduction therefrom of the legal interest for the time the

103-43 claim has yet to run, he is entitled to be paid accordingly.

104-1 3. The payments provided for in this section are not to be made [when]

104-2 if the estate is insolvent unless a pro rata distribution is ordered.

104-3 Sec. 372. NRS 150.260 is hereby amended to read as follows:

104-4 150.260 1. [Whenever] If an order [shall be made] is entered by the

104-5 court for the payment of creditors, the [executor or administrator shall be]

104-6 personal representative is personally liable to each creditor for the amount

104-7 of his claim, or the dividends thereon, and execution may be issued upon

104-8 [such] the order as upon a judgment in any other action, in favor of each

104-9 creditor, and the same proceedings may be had under the execution as if it

104-10 had been issued upon a judgment.

104-11 2. The [executor or administrator shall also be] personal

104-12 representative is also liable on his bond to each creditor.

104-13 Sec. 373. NRS 150.270 is hereby amended to read as follows:

104-14 150.270 [When] After the accounts of the [executor or administrator]

104-15 personal representative have been settled and an order [made] entered for

104-16 the payment of debts and distribution of the estate, no creditor whose claim

104-17 was not included in the order for payment has any right to call upon the

104-18 creditors who have been paid, nor upon the heirs [, devisees or legatees,] or

104-19 devisees to contribute to the payment of [his claim;] the claim, but if the

104-20 [executor or administrator] personal representative has failed to give the

104-21 notice to creditors, as prescribed by law, [such] that creditor may recover

104-22 on the bond of the [executor or administrator] personal representative the

104-23 amount for which [his] the claim would properly have been allowed.

104-24 Sec. 374. NRS 150.280 is hereby amended to read as follows:

104-25 150.280 1. [When the whole of] If all the debts and liabilities of an

104-26 estate have been paid, and the estate is in a condition to be closed, the court

104-27 shall [proceed to] direct the payment of [legacies] devises and the

104-28 distribution of the estate among those entitled as provided in chapter 151 of

104-29 NRS.

104-30 2. If the estate is not in a condition to be closed, the court shall

104-31 [proceed to] direct the payment of [legacies] devises and the distribution of

104-32 the estate among those entitled at such time as it thereafter may be in a

104-33 condition to be closed.

104-34 Sec. 375. NRS 150.290 is hereby amended to read as follows:

104-35 150.290 NRS 150.290 to [150.390, inclusive, shall be known and]

104-36 150.380, inclusive, may be cited as the Federal Estate Tax Apportionment

104-37 Law.

104-38 Sec. 376. NRS 150.300 is hereby amended to read as follows:

104-39 150.300 [Except where the context otherwise requires, as] As used in

104-40 NRS 150.290 to [150.390, inclusive:

104-41 1. "Estate tax" means federal estate tax, including any interest and

104-42 penalty thereon.

104-43 2.] 150.380, inclusive, unless the context otherwise requires:

105-1 1. "Gross estate" or "estate" means all property included for federal

105-2 estate tax purposes in determining the federal estate tax pursuant to the

105-3 federal estate tax law.

105-4 [3.] 2. "Person interested in the estate" means any person who receives

105-5 or is the beneficiary of any property transferred pursuant to a transfer which

105-6 is subject to a tax imposed by any federal estate tax law, now existing or

105-7 hereafter enacted.

105-8 Sec. 377. NRS 150.310 is hereby amended to read as follows:

105-9 150.310 [Whenever] If it appears upon any accounting, or in any

105-10 appropriate action or proceeding, that [an executor, administrator,] a

105-11 personal representative, trustee or other fiduciary has paid or may be

105-12 required to pay an estate tax to the Federal Government under the

105-13 provisions of any federal estate tax law, now existing or hereafter enacted,

105-14 upon or with respect to any property required to be included in the gross

105-15 estate of a decedent under the provisions of any such law, the amount of the

105-16 tax [shall] must be equitably prorated among the persons interested in the

105-17 estate, whether residents or nonresidents of this state, to whom [such] the

105-18 property was, is or may be transferred or to whom any benefit accrues,

105-19 except:

105-20 1. Where a testator otherwise directs in his will.

105-21 2. Where by written instrument executed inter vivos direction is given

105-22 for apportionment among the beneficiaries of taxes assessed upon the

105-23 specific fund dealt with in [such inter vivos] the instrument.

105-24 Sec. 378. NRS 150.330 is hereby amended to read as follows:

105-25 150.330 1. The proration [shall] must be made by the court having

105-26 jurisdiction [in probate] of any property in the estate in the proportion [, as

105-27 near as may be,] that the value of the property, interest or benefit of each

105-28 such person bears to the total value of the property, interest and benefits

105-29 received by all such persons interested in the estate.

105-30 2. In making a proration, allowances [shall] must be made for any

105-31 exemptions granted by the act imposing the tax and for any deductions

105-32 allowed by [such] that act for the purpose of arriving at the value of the net

105-33 estate.

105-34 3. Any exemption or deduction allowed by reason of the relationship of

105-35 any person to the decedent or by reason of the charitable purposes of the

105-36 gift [shall inure] inures to the benefit of the person bearing [such] the

105-37 relationship or receiving [such] the charitable gift; except that [when] , if

105-38 an interest is subject to a prior present interest which is not allowable as a

105-39 deduction, the estate tax apportionable against the present interest [shall]

105-40 must be paid from principal.

105-41 4. [Any] A deduction for property previously taxed and [any] a credit

105-42 for gift taxes or taxes of a foreign country paid by the decedent or his estate

106-1 [shall inure] inures to the proportionate benefit of all persons liable to

106-2 apportionment.

106-3 5. [Any] A credit for inheritance, succession or estate taxes or taxes in

106-4 the nature thereof in respect to property or interests includable in the gross

106-5 estate [shall inure] inures to the benefit of the persons or interests

106-6 chargeable with the payment of [such] the taxes to the extent or in

106-7 proportion that the tax paid or payable reduces the estate tax.

106-8 6. To the extent that property passing to or in trust for a surviving

106-9 spouse does not constitute an allowable deduction solely by reason of an

106-10 inheritance tax or other death tax imposed upon and deductible from such

106-11 property, it [shall] must not be included in the computation provided for in

106-12 subsection 1 , and to that extent , no apportionment [shall] may be made

106-13 against [such] that property.

106-14 7. The values used for federal estate tax purposes [shall be] are the

106-15 values used as the basis for apportionment.

106-16 8. [Whenever] If the court finds that it is inequitable to apportion

106-17 interest and penalties in the same manner as the principal of the estate tax

106-18 by reason of special circumstances , it may direct apportionment of interest

106-19 and penalties in a manner different from principal.

106-20 Sec. 379. NRS 150.350 is hereby amended to read as follows:

106-21 150.350 1. [In all cases in which] If any property required to be

106-22 included in the gross estate does not come into the possession of the

106-23 [executor or administrator,] personal representative, he shall [be entitled,

106-24 and it shall be his duty, to] recover from whoever is in possession, or from

106-25 the persons interested in the estate, the proportionate amount of the tax

106-26 payable by the persons interested in the estate with which [such] the

106-27 persons interested in the estate are chargeable. The [probate] court may

106-28 direct the payment of [such amount of tax by such persons to the executor

106-29 or administrator.] that amount by those persons to the personal

106-30 representative.

106-31 2. The provisions of subsection 1 [shall also be applicable] also apply

106-32 to persons in possession of or interested in real or personal property located

106-33 in or subject to administration in another state and required to be included

106-34 in the gross estate of a resident of this state, unless [such] the other state

106-35 refuses to enforce [such] the apportionment, in which case apportionment

106-36 may be made in accordance with the law which would be applied by [such]

106-37 the other state.

106-38 3. [Any] A person interested in the estate from whom apportionment

106-39 [shall be] is required under subsections 1 and 2 [shall] must also be

106-40 charged with the amount of reasonable expenses, including [executor’s,

106-41 administrator’s] the personal representative’s and attorney’s fees, in

107-1 connection with the determination of the tax and the apportionment thereof.

107-2 [Such expenses shall] Those expenses must be determined and collected in

107-3 like manner as the tax.

107-4 Sec. 380. NRS 150.360 is hereby amended to read as follows:

107-5 150.360 1. The [probate] court, upon making a determination as

107-6 provided in NRS 150.290 to [150.390,] 150.380, inclusive, shall [make a

107-7 decree or] enter an order directing the [executor, administrator] personal

107-8 representative or other fiduciary to charge the determined amounts against

107-9 the persons against whom the tax has been prorated insofar as [he] the

107-10 personal representative or other fiduciary is in possession of property or

107-11 interests of [such] those persons against whom the charge may be made,

107-12 and summarily directing all other persons against whom the tax has been

107-13 prorated or who are in possession of property or interests of [such] those

107-14 persons to make payment of [such] the determined amounts to [such

107-15 executor, administrator] the personal representative or other fiduciary.

107-16 2. [Such decrees or] The orders may be preliminary, intermediate or

107-17 final.

107-18 3. If the [executor, administrator] personal representative or other

107-19 fiduciary holds property of a person liable to apportionment which is

107-20 insufficient to satisfy the determined amount, the court may direct that the

107-21 balance [shall] be paid by the person liable.

107-22 4. If it appears that the [executor, administrator] personal

107-23 representative or other fiduciary cannot recover the amount apportioned

107-24 against any person, [any] the amount not recovered [shall] must be charged

107-25 in such manner as the court may determine.

107-26 5. If an overpayment is made the court may direct appropriate

107-27 reimbursement.

107-28 Sec. 381. NRS 150.370 is hereby amended to read as follows:

107-29 150.370 The court shall retain jurisdiction until the purposes of NRS

107-30 150.290 to [150.390,] 150.380, inclusive, have been accomplished.

107-31 Sec. 382. Chapter 151 of NRS is hereby amended by adding thereto

107-32 the provisions set forth as sections 383 to 386, inclusive, of this act.

107-33 Sec. 383. 1. Except as otherwise provided in subsection 2 or in the

107-34 will, a personal representative may distribute property and money:

107-35 (a) In divided or undivided interests; and

107-36 (b) With or without proration.

107-37 2. Each affected beneficiary must agree before any property or

107-38 money is distributed without proration, unless the will authorizes a

107-39 personal representative to distribute property and money without

107-40 proration.

107-41 Sec. 384. The property of a testator, except as otherwise provided in

107-42 this Title, must be resorted to for the payment of devises in the following

107-43 order:

108-1 1. The property which is expressly appropriated by the will for the

108-2 specific devise.

108-3 2. Property not disposed of by the will.

108-4 3. Property which is devised to a residuary devisee.

108-5 Sec. 385. Unless a different intention is expressed in the will,

108-6 abatement takes place in any class only as between devises of that class,

108-7 and devises to a spouse or to kindred are chargeable only after devises to

108-8 persons not related to the testator.

108-9 Sec. 386. If property given by will to persons other than the

108-10 residuary devisees is sold for the payment of debts or expenses or family

108-11 allowances, all the devisees shall contribute in proportion to their

108-12 respective interests to the devisee whose devise has been sold, and the

108-13 court, when distribution is made, shall settle the amount of the several

108-14 liabilities and order the amount each person is liable to contribute to be

108-15 withheld from that person’s distributive share for the purpose of the

108-16 contribution.

108-17 Sec. 387. NRS 151.005 is hereby amended to read as follows:

108-18 151.005 [1.] Subject to the rights of creditors and taxing authorities,

108-19 [competent successors] distributees may agree among themselves to alter

108-20 the interests, shares or amounts to which they are entitled under the terms

108-21 of the will of the decedent, or under the laws of intestacy, in any way that

108-22 they provide in a written [contract] agreement executed by all who are

108-23 affected by its provisions. The personal representative shall abide by the

108-24 terms of the [contract] agreement subject to his obligation to administer the

108-25 estate for the benefit of creditors, to pay all taxes and costs of

108-26 administration, and to carry out the responsibilities of [his] the office for

108-27 the benefit of any [successors] distributees of the decedent who are not

108-28 parties. Personal representatives of the estate of decedents are not required

108-29 to [see to] oversee the performance of trusts if the trustee thereof is another

108-30 person who is willing to accept the trust. Accordingly, trustees of a

108-31 testamentary trust are [successors] distributees for the purposes of this

108-32 section. This section does not relieve trustees of any duties owed to

108-33 beneficiaries of trusts.

108-34 [2. As used in this section:

108-35 (a) "Personal representative" includes, without limitation, an executor,

108-36 an administrator, a successor personal representative, a special

108-37 administrator and persons who perform substantially the same function

108-38 under the law governing their status.

108-39 (b) "Successors" means persons, other than creditors, who are entitled to

108-40 property of a decedent under the terms of his will or pursuant to this Title.]

108-41 Sec. 388. NRS 151.010 is hereby amended to read as follows:

108-42 151.010 1. At any time after the lapse of 3 months from the issuing

108-43 of letters [testamentary or letters of administration, the executor or

109-1 administrator,] , the personal representative or any heir [, devisee or

109-2 legatee,] or devisee, or the assignee, grantee or successor in interest of any

109-3 heir [, devisee or legatee,] or devisee, may petition the court to distribute a

109-4 [legacy, devise or] share of the estate, or any portion thereof, to any person

109-5 entitled thereto, upon [such] the person giving a bond, with approved

109-6 security, for the payment of [such] the person’s proportion of the debts of

109-7 the estate.

109-8 2. The court may dispense with a bond if it [be] is made to appear that

109-9 the [same] bond is unnecessary.

109-10 Sec. 389. NRS 151.020 is hereby amended to read as follows:

109-11 151.020 [When the petitioner is not the executor or administrator,

109-12 notice of the application shall be given to the executor or administrator

109-13 personally, and to all persons interested in the estate, in the same manner

109-14 that notice is required to be given by NRS 155.010, or as the court may

109-15 direct.] The clerk shall set the petition for hearing and the petitioner shall

109-16 give notice for the period and in the manner provided in NRS 155.010.

109-17 Sec. 390. NRS 151.030 is hereby amended to read as follows:

109-18 151.030 The [executor or administrator, not petitioning, or any person

109-19 interested in the estate, may appear and resist the application, or any other

109-20 heir, devisee or legatee may make a similar application for himself or

109-21 herself.] personal representative, if not the petitioner, or an interested

109-22 person, may object to the petition, or an heir or devisee may submit a

109-23 similar petition.

109-24 Sec. 391. NRS 151.040 is hereby amended to read as follows:

109-25 151.040 1. Subject to the provisions of [subsections 3 and 4, if, on

109-26 the hearing,] subsection 3, if it appears at the hearing that the estate [is but

109-27 little indebted] has little debt and that the share or shares of the party or

109-28 parties petitioning may be allowed [,] without injury to the creditors of the

109-29 estate, the court shall [make a decree] enter an order in conformity [to the

109-30 prayer of the applicant or applicants.] with the request of the petitioner or

109-31 petitioners.

109-32 2. The [decree] order may direct the [executor or administrator]

109-33 personal representative to deliver to the petitioner or petitioners the whole

109-34 portion of the estate to which [he, she or they may be] each is entitled, or a

109-35 part [only thereof.

109-36 3. Each of the petitioners shall first execute and deliver to the executor

109-37 or administrator a bond in such sum as shall be designated by the court or

109-38 judge, and with sureties to be approved by the judge.] of the portion, if

109-39 there is sufficient property remaining in the estate to satisfy the debts or

109-40 if there is filed with the court an assumption of liability for a contingent

109-41 or disputed debt as provided in subsection 3. The court may impose any

109-42 other conditions it determines are just, including a requirement that a

109-43 distributee give a security interest in all or part of the property distributed

110-1 or give bond in an amount determined by the court. The bond [shall be

110-2 made] must be payable to the [executor or administrator] personal

110-3 representative and conditioned for the payment by the [heir, devisee or

110-4 legatee,] distributee, whenever required, of his [or her] proportion of the

110-5 debts of the estate.

110-6 [4. The court may dispense with a bond if it be made to appear that the

110-7 same is unnecessary.]

110-8 3. As a condition of an order under subsection 2, if directed by the

110-9 court, each heir or devisee shall file with the court a signed and

110-10 acknowledged agreement assuming personal liability for the contingent

110-11 or disputed debt and consenting to jurisdiction in this state for the

110-12 enforcement of the debt if it becomes absolute or established. The

110-13 personal liability of each heir or devisee does not exceed the fair market

110-14 value on the date of distribution of the property distributed less the

110-15 amount of any liens or encumbrances. If there is more than one heir or

110-16 devisee, their personal liability is joint and several.

110-17 Sec. 392. NRS 151.050 is hereby amended to read as follows:

110-18 151.050 1. [Whenever any] If a bond or other security has been

110-19 executed and delivered as prescribed in NRS 151.040, and the [executor or

110-20 administrator shall ascertain] personal representative ascertains that it is

110-21 necessary for the settlement of the estate to require the payment of any part

110-22 of the money thereby secured, he shall petition the court for an order

110-23 requiring the payment and cause a citation to be issued and served upon the

110-24 [party bound, requiring him or her,] parties bound, requiring them, at a

110-25 time and place, not more than 10 days after the date of the citation, to be

110-26 stated therein, to appear and show cause why the order [shall] should not

110-27 be made.

110-28 2. [At the hearing, the] The court, if satisfied of the necessity for [such]

110-29 the payment to be made, shall [make] enter an order [accordingly,]

110-30 designating the amount and giving a time in which it shall be paid.

110-31 3. If the money [be] is not paid within the time allowed, an action may

110-32 be maintained by the [executor or administrator] personal representative

110-33 on the bond [.] or other security.

110-34 4. Similar proceedings may be [had against a distributee when]

110-35 initiated against an heir or devisee if no bond or other security is given.

110-36 Sec. 393. NRS 151.060 is hereby amended to read as follows:

110-37 151.060 If, in the execution of the [decree, any partition be] order,

110-38 partition is necessary between two or more of the parties, it [shall] must be

110-39 made in the manner prescribed in chapter 152 of NRS.

110-40 Sec. 394. NRS 151.070 is hereby amended to read as follows:

110-41 151.070 The costs of proceedings for a partial distribution [shall] must

110-42 be paid by the [applicant,] heir or devisee or, if there are more than one,

110-43 [shall be apportioned equally] must be prorated among them.

111-1 Sec. 395. NRS 151.080 is hereby amended to read as follows:

111-2 151.080 1. [When an executor or administrator] If a personal

111-3 representative files his final account [,] with a petition [praying for]

111-4 requesting the allowance and confirmation thereof, he may also include in

111-5 the petition a [prayer] request for the distribution of the estate. Upon the

111-6 settlement and allowance of the final account, the court may also [decree]

111-7 order a distribution of the residue of the estate, if any, among the persons

111-8 who are by law entitled [.] thereto.

111-9 2. If a final account [be] is settled and allowed without [a decree] an

111-10 order of distribution, the [executor or administrator, or any heir, devisee or

111-11 legatee,] personal representative, or an heir or devisee, or an assignee or

111-12 grantee of [any heir, devisee or legatee,] an heir or devisee, at any time

111-13 thereafter, may petition the court for [a decree] an order distributing the

111-14 estate.

111-15 Sec. 396. NRS 151.090 is hereby amended to read as follows:

111-16 151.090 1. When a petition for final distribution is filed, the clerk

111-17 shall set the petition for hearing and the petitioner shall give notice [of the

111-18 hearing of the petition to all persons individually entitled to notice as] for

111-19 the period and in the manner provided in NRS 155.010.

111-20 2. The court may order such further notice as it [may deem] deems

111-21 proper.

111-22 Sec. 397. NRS 151.110 is hereby amended to read as follows:

111-23 151.110 1. [Where] After the accounts of [an executor or

111-24 administrator] a personal representative have been settled and [a decree]

111-25 an order for the distribution of the estate [made] entered by the court, the

111-26 [executor or administrator] personal representative shall, without any

111-27 unnecessary delay, distribute the estate remaining [in his hands]

111-28 undistributed as directed by the [decree.] order.

111-29 2. In the [decree,] order, the court shall name the persons and the

111-30 proportion or parts to which each [shall be] is entitled, and [such person

111-31 shall have] that person has the right to demand and recover [his or her] a

111-32 respective share from the [executor or administrator,] personal

111-33 representative or any other person having [the same in] possession [.] of it.

111-34 3. The [executor or administrator] personal representative shall, within

111-35 10 days after the entry of [a decree] an order of distribution conveying any

111-36 real property, record a certified copy of the order with the county recorder

111-37 of the county in which the [decree] order was entered [a certified copy of

111-38 the decree.] and of any other county in which the real property, or any

111-39 portion of it, is located.

111-40 Sec. 398. NRS 151.120 is hereby amended to read as follows:

111-41 151.120 No gift or grant shall be deemed to have been made as an

111-42 advancement unless:

111-43 1. So expressed in the gift or grant; [or]

112-1 2. Charged in writing by the [deceased] decedent as an advancement;

112-2 or

112-3 3. Acknowledged in writing by the donee to be such.

112-4 Sec. 399. NRS 151.130 is hereby amended to read as follows:

112-5 151.130 1. Any property [, real or personal, that may have been]

112-6 given by a decedent during the [deceased in his or her] lifetime of the

112-7 decedent as an advancement to [any donee, shall] a donee must be

112-8 considered as part of the estate [of the intestate,] for the sole purpose of

112-9 computing the respective shares of the distributees and [shall] must be

112-10 taken by [such] the donee toward his [or her] share of the estate of the

112-11 [deceased.] decedent.

112-12 2. If the amount of the advancement [shall exceed] exceeds the share of

112-13 the heir or devisee so advanced, the heir [shall be] or devisee is excluded

112-14 from any further portion in the distribution and division of the estate, but he

112-15 [or she shall not be] is not required to refund any part of the advancement.

112-16 If the amount so received [shall be] is less than his [or her] share, he [or she

112-17 shall be] is entitled to as much more as will give [the heir his or her] him

112-18 his full share of the estate of the [deceased.] decedent.

112-19 Sec. 400. NRS 151.140 is hereby amended to read as follows:

112-20 151.140 If the value of the advancement [shall be] is expressed in the

112-21 conveyance, or in the charge thereof made by the [deceased,] decedent, or

112-22 in the acknowledgment of the [party] person receiving it, [it shall be

112-23 considered of] that value must be used in the distribution and division of

112-24 the estate . [; otherwise it shall] Otherwise, the value must be estimated

112-25 according to its value when given, as nearly as [the same] can be

112-26 ascertained.

112-27 Sec. 401. NRS 151.150 is hereby amended to read as follows:

112-28 151.150 If [any child,] a child or other lineal descendant so advanced

112-29 [, shall die] dies before the person making the advancement, leaving issue,

112-30 the advancement [shall] must be taken into consideration in the distribution

112-31 and division of the estate as if the advancement had been made directly to

112-32 [such] the issue.

112-33 Sec. 402. NRS 151.160 is hereby amended to read as follows:

112-34 151.160 All questions as to advancements made, or alleged to have

112-35 been made, by [the deceased to any] a decedent to heirs or devisees may be

112-36 heard and determined by the court, and [shall] must be specified in the

112-37 [decree] order distributing the estate, and in the warrant to the

112-38 commissioners [,] provided for in NRS 152.050, and the final [decree]

112-39 order of the court [shall be] is binding on all [parties interested in the

112-40 estate, with right, however,] interested persons, subject to the right of any

112-41 party to appeal from a final [decree of the court to the supreme court.]

112-42 order.

113-1 Sec. 403. NRS 151.170 is hereby amended to read as follows:

113-2 151.170 [When] If property is assigned or distributed to a person who

113-3 cannot be found or who refuses to accept the [same] property or to give a

113-4 proper voucher therefor, or to a minor or [incompetent] incapacitated

113-5 person who has no legal guardian to receive the [same,] property, or person

113-6 authorized to receipt therefor, and the [same] property or any part thereof

113-7 consists of money, the [executor or administrator] personal representative

113-8 may deposit the money, in the name of the assignee or distributee, with the

113-9 county treasurer of the county in which the proceedings are pending . [,

113-10 who] The county treasurer shall give a receipt for the [same, and be]

113-11 money and is liable upon [his] the official bond of the county treasurer

113-12 therefor. The receipt [shall be deemed and] must be received by the court [,

113-13 or judge thereof,] as a voucher in favor of the [executor or administrator]

113-14 personal representative with the same force and effect as if executed by

113-15 [such] the assignee or distributee.

113-16 Sec. 404. NRS 151.180 is hereby amended to read as follows:

113-17 151.180 If [the] an assignee or distributee is a nonresident minor or

113-18 [insane or incompetent person,] incapacitated person who has a guardian

113-19 of his estate legally appointed under the laws of [any] a foreign jurisdiction,

113-20 the distribution of [such] the assignee’s or distributee’s share may be made

113-21 to [such] the legally appointed guardian, whose receipt therefor, together

113-22 with a certificate of [his] appointment issued under the seal of the court by

113-23 the clerk of the court appointing [him,] the guardian, when filed with the

113-24 clerk of the court in which [such] the assignment or distribution was

113-25 ordered, [shall be deemed and] must be received by the court [, or a judge

113-26 thereof,] as a complete receipt and voucher in favor of the [executor or

113-27 administrator.] personal representative.

113-28 Sec. 405. NRS 151.190 is hereby amended to read as follows:

113-29 151.190 1. [When] If personal property remains in the [hands of the

113-30 executor or administrator] possession of a personal representative

113-31 unclaimed for 1 year, or [when] if the distributee refuses to accept or give a

113-32 proper receipt for the property, or is a minor or [incompetent]

113-33 incapacitated person and has no legally qualified guardian of his estate,

113-34 and it appears to the court that it is for the benefit of those interested, or if

113-35 the [executor or administrator] personal representative desires his

113-36 discharge and it appears to the court that no injury will result to those

113-37 interested, the court shall order the property to be sold.

113-38 2. The proceeds, after deducting such expenses of sale as may be

113-39 allowed by the court, must be paid into the [county] state treasury. The

113-40 depositor must take from the treasurer [duplicate receipts, one of which he

113-41 must file in the office of the auditor, and the other] a receipt, which must

113-42 be filed with the court.

114-1 Sec. 406. NRS 151.210 is hereby amended to read as follows:

114-2 151.210 [1. When] If any person appears and claims the money paid

114-3 into the state treasury, the court making the distribution [must] shall inquire

114-4 into [such] the claim, and, if satisfied of his right thereto, [must grant him a

114-5 certificate] shall enter an order to that effect [, under its seal.

114-6 2. Upon presentation of the certificate, the auditor must draw his

114-7 warrant on the treasurer for the amount.] to present to the state treasurer.

114-8 Sec. 407. NRS 151.220 is hereby amended to read as follows:

114-9 151.220 [Where] If a specific [legacy] devise of personal property is

114-10 for life only, the life tenant must sign and deliver to the remainderman [,]

114-11 or, if there [be] is none, to the personal representative, an inventory of the

114-12 property, [expressing that the same] acknowledging that it is in [his] the

114-13 life tenant’s custody for life only, and that, on [his decease,] death, it is to

114-14 be delivered to the remainderman.

114-15 Sec. 408. NRS 151.230 is hereby amended to read as follows:

114-16 151.230 1. [When the] If an estate has been fully administered, and

114-17 it is shown by the [executor or administrator,] personal representative, by

114-18 the production of satisfactory [vouchers, that he has paid] receipts, that all

114-19 sums of money due [from him, and delivered up, on the order of the court,]

114-20 and all the property of the estate has been distributed to the persons

114-21 entitled [, and has performed] to it and all acts lawfully required [of him,]

114-22 have been performed, the court shall [make a decree discharging him and

114-23 his] enter an order discharging sureties from all liability thereafter to be

114-24 incurred.

114-25 2. The court may excuse the filing of a receipt on a proper showing

114-26 that the personal representative is unable, after reasonable effort, to

114-27 obtain a receipt and that the property has been delivered to or is in the

114-28 possession of the distributee or creditor.

114-29 3. The provisions of this section do not bar a successful appellant from

114-30 [a decree] an order for the distribution of an estate from the recovery of

114-31 any property distributed to an [heir, devisee or legatee] heir or devisee

114-32 pursuant to the [decree.] order.

114-33 Sec. 409. NRS 151.240 is hereby amended to read as follows:

114-34 151.240 1. Except as otherwise provided in subsection 2, the final

114-35 settlement of an estate does not prevent:

114-36 (a) The reopening of the estate for the purpose of administering other

114-37 property which has been discovered or for correcting errors made in the

114-38 description of the property administered.

114-39 (b) The subsequent issuance of letters [testamentary or letters of

114-40 administration] if it becomes necessary or proper for any cause [,] that

114-41 letters should again be issued.

114-42 2. In the absence of fraud, an estate must not be reopened based upon

114-43 the discovery of:

115-1 (a) A will, if the estate was administered as if the decedent had died

115-2 intestate; or

115-3 (b) A will dated later than the will that was probated.

115-4 Sec. 410. NRS 151.250 is hereby amended to read as follows:

115-5 151.250 [Any] An heir, devisee, [legatee,] creditor or other interested

115-6 person [interested] may petition for the reopening of [the] an estate upon

115-7 the grounds provided in NRS 151.240. The petition must set forth the

115-8 names of all heirs, devisees [, legatees] and creditors and their addresses, if

115-9 known. If the address is unknown to the petitioner, he shall state that fact in

115-10 the petition. [Where an address is unknown, notice must be served as

115-11 provided in the Nevada Rules of Civil Procedure.] The clerk shall set the

115-12 petition for hearing and the petitioner shall give notice for the period and

115-13 in the manner required by NRS 155.010.

115-14 Sec. 411. NRS 151.260 is hereby amended to read as follows:

115-15 151.260 Upon hearing the petition, if good cause is shown, the court

115-16 may:

115-17 1. Reopen the estate.

115-18 2. Order the administration of other property which has been

115-19 discovered.

115-20 3. [Make] Enter any necessary orders to correct errors made in the

115-21 description of the estate previously administered.

115-22 [No] In the absence of fraud, no proceedings may be taken by the court

115-23 after the reopening of an estate except as necessary to administer other

115-24 property which has been discovered or to correct errors made in the

115-25 description of the estate previously administered. Any orders [or decrees]

115-26 of the court made necessary by the reopening of the estate must be

115-27 designated as supplemental orders . [or decrees.]

115-28 Sec. 412. NRS 152.010 is hereby amended to read as follows:

115-29 152.010 [When] If two or more heirs [, devisees or legatees] or

115-30 devisees are entitled to the distribution of undivided interests in any [real or

115-31 personal] property of the decedent, and they have not agreed among

115-32 themselves, before distribution, to a partition, allotment or other division

115-33 thereof, any one or more of them or the [executor or administrator,]

115-34 personal representative, at the request of any one or more of them, may

115-35 petition the court to make such partition, allotment or division of the

115-36 property as will be equitable and will avoid the distribution of undivided

115-37 interests.

115-38 Sec. 413. NRS 152.020 is hereby amended to read as follows:

115-39 152.020 Partition may be made as provided in this chapter, although

115-40 some of the original heirs [, devisees or legatees] or devisees may have

115-41 assigned or conveyed their share to other persons, and [such shares shall]

116-1 those shares must be partitioned to the person holding [the same] them in

116-2 the same manner as they would have been to the heirs [, devisees or

116-3 legatees] or devisees had they not transferred their shares.

116-4 Sec. 414. NRS 152.030 is hereby amended to read as follows:

116-5 152.030 1. [To secure such partition, any] A person interested in the

116-6 partition may file a petition stating the necessary facts, particularly

116-7 describing the property to be partitioned and the person or persons

116-8 interested in the property.

116-9 2. Upon filing the petition, a citation [shall] must issue to all persons

116-10 interested [who shall reside in this state, or their guardians, and to agents,

116-11 attorneys or guardians, if there be any in this state, or such as reside out of

116-12 this state,] to appear and show cause why [a decree] an order of partition

116-13 should not be made as [prayed for.] requested.

116-14 3. The citation [shall specify:

116-15 (a) The] must specify the estate and the party petitioning for partition.

116-16 [(b) The time and place for hearing the petition, not more than 20 days

116-17 from its date.]

116-18 4. The citation must be served [5] in the manner provided in NRS

116-19 155.050 at least 10 days before the hearing [, at the time specified in the

116-20 citation, or at such further time] or for such other period as the court may

116-21 [continue the hearing.] order.

116-22 5. Upon proof [, to the satisfaction of the court,] that the citation has

116-23 been properly served , [as above required,] the court shall proceed to hear

116-24 the petition and the allegation and proofs of the respective parties, and

116-25 [decree] enter an order accordingly.

116-26 Sec. 415. NRS 152.040 is hereby amended to read as follows:

116-27 152.040 Before any partition [shall] may be made, as provided in this

116-28 chapter, guardians [shall] must be appointed for all minor [and insane] ,

116-29 unborn or incapacitated persons interested in the estate to be divided, and

116-30 an attorney [shall] may be appointed for all nonresident or absent heirs or

116-31 other persons interested.

116-32 Sec. 416. NRS 152.050 is hereby amended to read as follows:

116-33 152.050 1. [When] If the property to be partitioned is entirely

116-34 personal property, the court [or judge] shall appoint three competent,

116-35 disinterested persons as commissioners for that purpose, who shall be

116-36 sworn by any person authorized to administer oaths to faithfully and

116-37 impartially discharge their duties.

116-38 2. A certified copy of the order appointing them, attached to a certified

116-39 copy of the [decree] order fixing the shares to which the respective parties

116-40 are entitled must be given to them as their warrant, and their oath must be

116-41 endorsed thereon.

117-1 3. [When] If the property to be divided is real property, or partly real

117-2 and partly personal, one of the three commissioners must be a [practical]

117-3 licensed professional land surveyor.

117-4 4. Upon consent of the parties, and [when] if the court considers it

117-5 proper and just, the court may appoint one commissioner only, who has the

117-6 same authority and is governed by the same rules as if three were

117-7 appointed.

117-8 Sec. 417. NRS 152.060 is hereby amended to read as follows:

117-9 152.060 If the real property to be partitioned [shall be] is in different

117-10 counties, the court , [or judge,] if deemed proper, may appoint

117-11 commissioners for each county, and, in [such] that case, the property in

117-12 each county [shall] must be divided separately, as if there were no other

117-13 estate to be partitioned , [;] but the commissioners first appointed shall,

117-14 unless otherwise directed by the court, make division of the real property

117-15 wherever situated in this state.

117-16 Sec. 418. NRS 152.070 is hereby amended to read as follows:

117-17 152.070 The commissioners shall notify all persons interested in the

117-18 partition, their guardians, agents or attorneys, of the time when they will

117-19 proceed to make partition, [which time shall be as reasonable after their

117-20 appointment as circumstances will admit,] or the court, in the order of

117-21 appointment, may fix the time.

117-22 Sec. 419. NRS 152.090 is hereby amended to read as follows:

117-23 152.090 The several shares in the real and personal property [shall]

117-24 must be set out to each individual in proportion to his [or her] right, and the

117-25 real property by metes, bounds or such description that the [same] property

117-26 can be easily distinguished. If two or more of the parties request to have

117-27 their shares set out so as to be held in common and undivided, [such] those

117-28 shares may be so partitioned.

117-29 Sec. 420. NRS 152.100 is hereby amended to read as follows:

117-30 152.100 [When] If any tract of land or tenement [shall be] is of greater

117-31 value than [either] one party’s share in the estate to be divided, and cannot

117-32 be divided without injury to the [same,] property, it may be set off by the

117-33 commissioners to any one of the parties [,] who will accept it and pay, or

117-34 secure to be paid, to one or more of the others interested, such sum or sums

117-35 as the commissioners [shall] award to make the partition equal, and the

117-36 commissioners shall make their award accordingly [; but such partition

117-37 shall] , but the partition may not be established by the court until the sums

117-38 so awarded [shall be] are paid to the parties entitled to [the same,] them, or

117-39 secured to their satisfaction.

117-40 Sec. 421. NRS 152.110 is hereby amended to read as follows:

117-41 152.110 1. [When] If it cannot otherwise be fairly divided, the whole

117-42 or any part of the property [, real or personal,] may be recommended by the

117-43 commissioners to be sold, and if the report [be] is confirmed, the court may

118-1 order a sale by the [executor or administrator] personal representative or

118-2 by a commissioner appointed for that purpose, and distribute the proceeds.

118-3 2. The sale [shall] must be conducted, reported upon and confirmed in

118-4 the same manner and under the same rules as in ordinary cases of sales of

118-5 [land by an executor or administrator under this Title.] real property or

118-6 personal property, as the case may be, by a personal representative under

118-7 chapter 148 of NRS.

118-8 Sec. 422. NRS 152.120 is hereby amended to read as follows:

118-9 152.120 1. When partition of real property among heirs [, devisees or

118-10 legatees shall be] or devisees is required, and such real property [shall be]

118-11 is in common and undivided with the real property of any other person, the

118-12 commissioners shall first divide and sever the property of the [deceased]

118-13 decedent from the property in which it lies in common, and such division,

118-14 so made and established by the court, [shall be] is binding upon all the

118-15 interested persons . [interested.]

118-16 2. The court may authorize the [executor or administrator] personal

118-17 representative to bring [suit] an action for such partition when deemed

118-18 necessary.

118-19 Sec. 423. NRS 152.140 is hereby amended to read as follows:

118-20 152.140 1. The commissioners, within a reasonable time [after they

118-21 have finished their work, shall make a report of their proceedings and of the

118-22 partition made by them, and file the same with the clerk of the court.] shall

118-23 file their report of partition.

118-24 2. Within 15 days after the report is filed any [person] interested

118-25 person may file [exceptions] an objection to the report, particularly

118-26 specifying the grounds of objection. A copy of the [exceptions shall]

118-27 objection must be served upon the commissioners and all parties interested

118-28 in the partition, their guardians, agents or attorneys , [in the county,] with a

118-29 notice to [such] those persons that the [excepting] objecting party will, at a

118-30 [certain time to be mentioned,] time certain, not later than 20 days after the

118-31 filing of the [exceptions,] objection move the court to set aside the report,

118-32 and for a new partition.

118-33 3. At the time specified, or at such other time as the court may [sit,] set,

118-34 the court shall proceed to hear the objection to the report , [and

118-35 exceptions,] and may hear proof by any party [,] and, for sufficient reasons,

118-36 the court may set aside the report and recommit the partition to the same

118-37 commissioners, or appoint others, or may modify or confirm the report.

118-38 4. If no [exceptions shall be] objection is filed to the report within the

118-39 time [above specified, the court, on the expiration of the 15 days, or at any

118-40 time thereafter, if] specified and the report appears to be just and correct

118-41 and all the proceedings regular, the court shall [confirm] enter an order

118-42 confirming the report . [, and when the report shall be finally confirmed the

118-43 decree of confirmation and the report shall be recorded by the clerk, and

119-1 the] The court shall order proper conveyance to be made by the respective

119-2 parties to one another, or may [, if for any reason necessary,] appoint a

119-3 commissioner to make [such] the conveyance or conveyances, which, when

119-4 acknowledged and recorded, [shall effectually pass the] is sufficient to

119-5 convey title.

119-6 Sec. 424. NRS 152.150 is hereby amended to read as follows:

119-7 152.150 [When any real] If particular property cannot be divided

119-8 without prejudice or inconvenience to the owners, the court may assign the

119-9 whole to one or more of the parties entitled to shares therein, who will

119-10 accept and pay to the other parties interested their just proportion of the

119-11 true value thereof, or secure the same to their satisfaction [,] or, in case of

119-12 the minority or incapacity of [such] the other party or parties, to the

119-13 satisfaction of the guardian of [such] the minor or [minors.] incapacitated

119-14 person. The true value of the property [shall] must be ascertained and

119-15 reported by the commissioners or appraisers appointed specially for that

119-16 purpose.

119-17 Sec. 425. NRS 152.160 is hereby amended to read as follows:

119-18 152.160 The expenses of partition [shall] must be equitably

119-19 apportioned by the court among the parties, but each party must pay his

119-20 own attorney’s fees [.] , unless otherwise ordered by the court for good

119-21 cause.

119-22 Sec. 426. NRS 152.170 is hereby amended to read as follows:

119-23 152.170 The allotment made by the court [shall control] controls upon

119-24 proceedings for distribution, unless modified for good cause upon

119-25 reasonable notice, and the proceedings leading to [such] the allotment may

119-26 be reviewed upon appeal from the [decree] order of distribution.

119-27 Sec. 427. Chapter 153 of NRS is hereby amended by adding thereto

119-28 the provisions set forth as sections 428 and 429 of this act.

119-29 Sec. 428. 1. A trustee or beneficiary may petition the court

119-30 regarding any aspect of the affairs of the trust, including:

119-31 (a) Determining the existence of the trust;

119-32 (b) Determining the construction of the trust instrument;

119-33 (c) Determining the existence of an immunity, power, privilege, right

119-34 or duty;

119-35 (d) Determining the validity of a provision of the trust;

119-36 (e) Ascertaining beneficiaries and determining to whom property is to

119-37 pass or be delivered upon final or partial termination of the trust, to the

119-38 extent not provided in the trust instrument;

119-39 (f) Settling the accounts and reviewing the acts of the trustee,

119-40 including the exercise of discretionary powers;

119-41 (g) Instructing the trustee;

119-42 (h) Compelling the trustee to report information about the trust or

119-43 account, to the beneficiary;

120-1 (i) Granting powers to the trustee;

120-2 (j) Fixing or allowing payment of the trustee’s compensation, or

120-3 reviewing the reasonableness of his compensation;

120-4 (k) Appointing or removing a trustee;

120-5 (l) Accepting the resignation of a trustee;

120-6 (m) Compelling redress of a breach of the trust;

120-7 (n) Approving or directing the modification or termination of the

120-8 trust;

120-9 (o) Approving or directing the combination or division of trusts; and

120-10 (p) Amending or conforming the trust instrument in the manner

120-11 required to qualify the estate of a decedent for the charitable estate tax

120-12 deduction under federal law, including the addition of mandatory

120-13 requirements for a charitable-remainder trust.

120-14 2. A petition under this section must state the grounds of the petition

120-15 and the name and address of each interested person, including the

120-16 attorney general if the petition relates to a charitable trust, and the relief

120-17 sought by the petition. Except as otherwise provided in this chapter, the

120-18 clerk shall set the petition for hearing and the petitioner shall give notice

120-19 for the period and in the manner provided in NRS 155.010. The court

120-20 may order such further notice to be given as may be proper.

120-21 Sec. 429. The trustee may, upon petition of a beneficiary or the

120-22 guardian of a beneficiary, be ordered to appear at a hearing and render

120-23 an account. The trustee must be served with a citation in the manner

120-24 provided in NRS 155.050. Unless otherwise ordered by the court, the

120-25 citation must be served at least 30 days before the day of the hearing. The

120-26 petition may not be denied unless an account has been filed with the

120-27 court within 1 year before the petition is filed.

120-28 Sec. 430. NRS 153.010 is hereby amended to read as follows:

120-29 153.010 The provisions of [NRS 153.020, 153.030 and 153.040 shall]

120-30 this chapter govern fiduciaries acting under trusts, wills and court orders in

120-31 estate proceedings, whether the [same have] estate has been distributed [,]

120-32 or proceedings are now pending . [, or may hereafter be filed.]

120-33 Sec. 431. NRS 153.020 is hereby amended to read as follows:

120-34 153.020 [1. Where any] If a trust, life estate [,] or estate for years

120-35 [has been] is created by or under any will to continue after distribution, the

120-36 [district] court does not lose jurisdiction of the estate by final distribution ,

120-37 but [, except as provided in this subsection,] retains jurisdiction of it [to

120-38 settle the accounts under the trusts, life tenancies, or estates for years and

120-39 for] until the distribution of the residue to those entitled to it. The

120-40 distribution may be upon petition of the trustee, his successor in interest, or

120-41 of any person entitled to share in the distribution. [The court may transfer

120-42 supervision of the trust to another court within or outside this state as

120-43 provided in NRS 164.130.

121-1 2. Any trustee of any trust created by any will, or appointed to execute

121-2 any trust created by any will, may, from time to time, pending the execution

121-3 of his trust, petition for the settlement of his accounts as trustee before the

121-4 district court in which the will was probated in the manner provided for the

121-5 settlement of the accounts of executors and administrators.

121-6 3. The trustee shall, for that purpose, present to the court a verified

121-7 petition setting forth the accounts in detail, with a report showing the

121-8 condition of the trust estate and his verified statement giving names and

121-9 post office addresses, if known, of the beneficiaries. Upon the filing

121-10 thereof, the clerk shall fix a day for the hearing and the trustee shall give

121-11 notice of the hearing in the manner prescribed by NRS 155.010. The notice

121-12 must set forth the name of the trust estate, the trustee, and the day

121-13 appointed for the settlement of the account. The court, or a judge thereof,

121-14 may order such further notice to be given as may be proper.

121-15 4. The trustee of any trust created by a will or appointed to execute any

121-16 trust created by a will shall, at the termination of the trust, petition for the

121-17 settlement of his accounts as trustee in the manner provided in chapter 165

121-18 of NRS.]

121-19 Sec. 432. NRS 153.050 is hereby amended to read as follows:

121-20 153.050 1. [Wherever] If by law, or by the terms of [any] an

121-21 instrument creating a life estate [,] or an estate for years, the tenant is

121-22 required to account for [his] use of the property of [which he is tenant,] the

121-23 estate, then the provisions of this chapter concerning accounting by a

121-24 trustee [shall] apply to the life tenant and tenant for years, and, after [his]

121-25 death, to [his executor and administrator.] the personal representative.

121-26 2. [Where] If no obligation to account during his tenancy is imposed

121-27 upon the tenant, nevertheless such of the provisions of this chapter as apply

121-28 to accounting by [the executors and administrators of a trustee shall] a

121-29 trustee apply to the [executors and administrators] personal

121-30 representatives of the tenant, to the extent of determining the residue of the

121-31 estate.

121-32 Sec. 433. NRS 153.060 is hereby amended to read as follows:

121-33 153.060 [Whenever a] If a petition is filed for distribution of the

121-34 residue of the trust estate, estate for life [,] or estate for years to those

121-35 entitled thereto [shall be petitioned for,] , the clerk shall set the petition for

121-36 hearing and the petitioner shall give notice of the hearing [of the petition

121-37 shall be given for the time] for the period and in the manner provided in

121-38 NRS [151.090 upon petitions for distribution.] 155.010.

121-39 Sec. 434. NRS 153.080 is hereby amended to read as follows:

121-40 153.080 [A decree rendered] An order entered under the provisions of

121-41 this chapter, when it becomes final, [shall be] is conclusive upon all

121-42 interested persons , [in interest,] whether or not they are competent or in

121-43 being.

122-1 Sec. 435. NRS 153.090 is hereby amended to read as follows:

122-2 153.090 1. [Any] A person named or designated as a trustee in a will

122-3 may, at any time before distribution of any of the estate to him, decline to

122-4 act as trustee, and an order of court [shall thereupon be made] must be

122-5 entered accepting the resignation , [;] but the declination of any person who

122-6 has qualified as trustee [shall] may not be accepted by the court unless [the

122-7 same shall be in writing and filed in the matter of the estate in the court in

122-8 which the administration is pending, and notice shall be given thereof, as is

122-9 required upon a petition for letters of administration.] a petition to accept

122-10 the declination is filed in the proceeding for administration of the estate.

122-11 Upon the filing of the petition, the clerk shall set it for hearing and the

122-12 petitioner shall give notice to all interested persons for the period and in

122-13 the manner provided in NRS 155.010.

122-14 2. In accepting a declination , the court may [make] enter and enforce

122-15 any order which may be necessary for the preservation of the estate.

122-16 Sec. 436. NRS 153.100 is hereby amended to read as follows:

122-17 153.100 1. The court in which the administration is pending [shall

122-18 have power,] may, at any time before final distribution [, to appoint some

122-19 fit and proper] of the trust, appoint a qualified person to fill [any] a

122-20 vacancy in the office of trustee under the will, whether resulting from

122-21 death, declination, resignation, removal or otherwise, if the appointment is

122-22 necessary to carry out the trust. A person who is named in the will to fill

122-23 the vacancy has priority for appointment.

122-24 2. The appointment may be made by the court upon the [written

122-25 application of any person interested in the trust, filed in the probate

122-26 proceedings, and shall be made only after notice to all parties interested in

122-27 the trust given as required upon a petition for the probate of a will.] petition

122-28 of an interested person. Upon the filing of the petition, the clerk shall set

122-29 it for hearing and the petitioner shall give notice to all interested persons

122-30 for the period and in the manner provided in NRS 155.010.

122-31 3. The court may appoint a temporary trustee without notice if

122-32 necessary to preserve the trust estate.

122-33 Sec. 437. NRS 153.120 is hereby amended to read as follows:

122-34 153.120 The court may [, in its discretion, require the] require a

122-35 person appointed [under NRS 153.100 or 153.110,] as trustee, before

122-36 acting as a trustee, to give a bond as is required of a [person appointed

122-37 administrator.] personal representative. If a bond is required , the trustee

122-38 [shall] must be allowed the cost of the bond [.] out of the trust estate.

122-39 Sec. 438. Chapter 154 of NRS is hereby amended by adding thereto a

122-40 new section to read as follows:

122-41 If a personal representative, on order of the court, pays over or delivers

122-42 to the state treasurer property which has become escheatable to the state,

122-43 the receipt or certificate of the state treasurer evidencing the payment or

123-1 delivery must be filed with the clerk of the district court in the county in

123-2 which the estate is being administered or is located. Upon the filing of the

123-3 receipt or certificate, the personal representative is released from all

123-4 further liability relating to the property.

123-5 Sec. 439. NRS 154.010 is hereby amended to read as follows:

123-6 154.010 [Estates shall escheat to and be] An estate escheats to and is

123-7 vested in the State of Nevada for educational purposes if any person dies or

123-8 has died, within this state, seised of any real or personal estate, and leaving

123-9 no heirs, representatives [, devisees or legatees] or devisees capable of

123-10 inheriting or holding the [same,] estate, and in all cases where there is no

123-11 owner of [such] the estate capable of holding [the same.] it. Any balance

123-12 remaining in a retired employee’s or beneficiary’s individual account under

123-13 the public employees’ retirement system is not an estate within the meaning

123-14 of this chapter.

123-15 Sec. 440. NRS 154.020 is hereby amended to read as follows:

123-16 154.020 1. [Whenever] If the attorney general [shall be informed, or

123-17 shall have] is informed, or has reason to believe, that any real or personal

123-18 [estate] property has become escheatable to this state for the reasons

123-19 specified in NRS 154.010, or that any such [estate] property has, for any

123-20 other reason, become escheatable, [he] the attorney general shall file an

123-21 information [in] on behalf of the state in the district court of the county

123-22 where [such estate,] the property, or any part thereof, is [situated.] located.

123-23 2. The information [shall] must set forth:

123-24 (a) A description of the [estate.] property.

123-25 (b) The name of the person last lawfully seised.

123-26 (c) The name of the [terre-tenant and] persons holding, possessing or

123-27 claiming the [estate,] property, if known.

123-28 (d) The facts and circumstances [in consequence of which the estate is

123-29 claimed to have become escheated.] giving rise to the claim for

123-30 escheatment.

123-31 3. The information [shall] must allege that [by reason thereof] the State

123-32 of Nevada has by law right to [such estate.] the property.

123-33 Sec. 441. NRS 154.030 is hereby amended to read as follows:

123-34 154.030 1. Upon the filing of the information, the court shall order

123-35 that a citation be issued to the person or persons [and bodies politic or

123-36 corporate] alleged in the information to hold, possess or claim the [estate,]

123-37 property, requiring them to appear and show cause why the [estate]

123-38 property should not vest in the State of Nevada. [The citation shall] Unless

123-39 the court otherwise orders, the citation must be made returnable [within

123-40 the time allowed by law in other civil actions.] at least 20 days after its

123-41 service.

124-1 2. The court may also, if deemed advisable, order the citation to be

124-2 published in a newspaper published in the county [,] where the

124-3 administration is pending, if any , [;] and, if none, then in some newspaper

124-4 in this state.

124-5 Sec. 442. NRS 154.040 is hereby amended to read as follows:

124-6 154.040 1. After the filing of an information as provided in NRS

124-7 154.020, and upon [motion] petition of the attorney general, either before

124-8 or after answer, upon notice to the person or persons holding, possessing

124-9 or claiming the [estate,] property, if known, the [district] court may, on

124-10 sufficient cause therefor being shown, appoint a receiver to take charge of

124-11 the real estate or personal property, other than money, mentioned in the

124-12 information, and receive the rents and profits of the [same] property until

124-13 the title of the property [shall be] is finally settled.

124-14 2. The receiver shall, before entering upon his duties, execute a bond to

124-15 the State of Nevada in a sum to be fixed by the court, with sureties to be

124-16 approved by the [judge,] court, conditioned to perform faithfully the duties

124-17 of the trust and to account fully to the person finally [adjudged] determined

124-18 to be entitled to the property. [Such] That person may maintain an action

124-19 on the bond for any default or damage.

124-20 Sec. 443. NRS 154.060 is hereby amended to read as follows:

124-21 154.060 1. All persons [and bodies politic or corporate,] named in

124-22 the information [as terre-tenants or claimants to the estate,] may appear and

124-23 plead to the proceedings, and may traverse or deny the facts stated in the

124-24 information [(] and the title of the state to the estate [therein mentioned)]

124-25 at any time on or before the return day of the citation.

124-26 2. Any other person claiming an interest in the [estate] property may

124-27 appear and be made a defendant, and plead as stated in subsection 1 by

124-28 [motion] petition for that purpose [made in open court] filed within the

124-29 time allowed for pleading.

124-30 3. If any person [shall appear and plead] appears and pleads as stated

124-31 in subsections 1 and 2, denying the title [set up] claimed by the state, or

124-32 [traverse] traverses any material fact set forth in the information, or issue or

124-33 issues of fact to be made up, the matter [shall] must proceed as other civil

124-34 actions on issues of fact.

124-35 4. A survey may be ordered, as in other civil actions, [when] if the

124-36 boundary is called into question.

124-37 Sec. 444. NRS 154.080 is hereby amended to read as follows:

124-38 154.080 1. Upon any judgment [rendered by any] entered by a court

124-39 of competent jurisdiction, escheating real property to the state, on [motion]

124-40 petition of the attorney general, or on [motion of any executor or

124-41 administrator having charge] petition of a personal representative of the

124-42 estate, the court shall, or the court may upon its own motion, [make] enter

125-1 an order that the real property be sold by the sheriff of the county where the

125-2 property is situated, at public sale, after giving notice of the time and place

125-3 of sale as is provided in cases of sale of property under execution.

125-4 2. The sheriff shall, within 10 days after the sale, [make] submit a

125-5 report thereof to the court. Upon the hearing of the report , the court may

125-6 examine the report and any witnesses, and if the proceedings were unfair,

125-7 or the sum bid is disproportionate to the value of the property sold, or if it

125-8 appears that a sum exceeding the bid by at least [10] 5 percent may be

125-9 obtained, the court may vacate the sale and direct another sale to be

125-10 conducted in all respects as if no previous sale had taken place.

125-11 3. If an offer of [10] 5 percent more in amount than that named in the

125-12 report is made to the court in writing by a responsible person, the court may

125-13 accept that offer and confirm the sale, or order a new sale.

125-14 4. If it appears to the court that the sale was legally made and fairly

125-15 conducted, and that the sum bid is not disproportionate to the value of the

125-16 property sold, and that a sum in excess of [10 percent of] 5 percent more

125-17 than the bid cannot be obtained, or [,] if an increased bid was accepted by

125-18 the court, the court shall [make] enter an order confirming the sale and

125-19 directing the sheriff, in the name of the state, to execute to the purchaser a

125-20 conveyance of the property sold. The conveyance vests in the purchaser all

125-21 [of] the right and title of the state therein.

125-22 5. The sheriff shall, out of the proceeds of the sale, pay the costs of the

125-23 proceedings incurred on behalf of the state, including the expenses of

125-24 making the sale, and also an attorney’s fee, if additional counsel was

125-25 employed in the proceedings, to be fixed by the court . [, not exceeding 15

125-26 percent of the amount of the sale.] The sheriff shall deposit the remaining

125-27 proceeds in the state treasury for credit to the fund for escheated estates.

125-28 Sec. 445. NRS 154.105 is hereby amended to read as follows:

125-29 154.105 1. The state treasurer may sell at a public sale [personal]

125-30 property in [his] the custody of the state treasurer which has escheated to

125-31 the state. The state treasurer shall cause public notice of the sale to be

125-32 given. Any money received from the sale must be deposited in the state

125-33 treasury for credit to the fund for escheated estates.

125-34 2. The [executor or administrator having charge] personal

125-35 representative of an estate shall sell any [real or personal] property and

125-36 transmit the proceeds of the sale to the state treasurer for credit to the fund

125-37 for escheated estates unless the state treasurer authorizes transmittal of the

125-38 property.

125-39 Sec. 446. NRS 154.120 is hereby amended to read as follows:

125-40 154.120 1. If, within 6 years after any judgment escheating property

125-41 to the state, any person claims any money or [any real or personal] property

125-42 vested in the state by the judgment, the person may file a petition in the

126-1 district court of Carson City, stating the nature of the claim, with an

126-2 appropriate [prayer] request for the relief demanded.

126-3 2. A copy of the petition must be served upon the attorney general

126-4 before or at the time of filing. Within 20 days after service, the attorney

126-5 general shall appear in the proceeding and plead or answer the petition. If,

126-6 after examining all the facts, the attorney general is convinced that the state

126-7 has no legal defense against the petition, [he] the attorney general may,

126-8 with the consent of the court, confess judgment on behalf of the state.

126-9 3. If judgment is not confessed, the petition is at issue on the 20th day

126-10 after its filing, and may be heard by the court on that day, or at such future

126-11 day as the court may order.

126-12 4. Upon the hearing, the court shall examine the claim and hear the

126-13 allegations and evidence. If the court finds that the person is entitled to any

126-14 money , it shall, by judgment, order the state controller to draw his warrant

126-15 in favor of the claimant upon the state treasurer for the sum specified in the

126-16 order, but without interest, income or cost of any kind to the state. A

126-17 certified copy of the judgment and order directing the state controller to

126-18 draw [his] a warrant for money is a sufficient voucher [for him] to do so.

126-19 5. If any [real or personal] property is the subject of the trial, and the

126-20 court finds the claimant entitled to it, the court shall [decree] enter an

126-21 order accordingly. The [decree] order divests the interests of the state in or

126-22 to the property, but no interest, income or other cost of any kind may be

126-23 taxed against the state.

126-24 6. If any [real or personal] property has been sold as provided in this

126-25 chapter after the judgment of [escheatal,] escheat, the petitioner is entitled

126-26 to the proceeds of the sale less the cost of the sale without any interest,

126-27 income or other cost to the state of any kind, in lieu of the [real or personal]

126-28 property, and the court shall [decree] enter an order accordingly.

126-29 7. All persons, except [infants and persons of unsound mind,] minors

126-30 and incapacitated persons who fail to appear and file their petitions within

126-31 the time limited in subsection 1, are barred forever. [Infants and persons of

126-32 unsound mind have the right to] Minors and incapacitated persons may

126-33 appear and file their petitions at any time within 5 years after their

126-34 respective disabilities are removed.

126-35 Sec. 447. NRS 154.150 is hereby amended to read as follows:

126-36 154.150 1. A person desiring to acquire title to any individual item or

126-37 [parcel of land] real property which has escheated to the state must proceed

126-38 by [application] petition to the director of the state department of

126-39 conservation and natural resources on forms obtainable at his office and in

126-40 the manner described in NRS 154.150 to 154.180, inclusive.

126-41 2. [When applying] A petition for unimproved real [estate] property

126-42 outside of approved townsites [, no application will] may not be accepted

126-43 for a parcel of land less than the smallest legal subdivision (40 acres) unless

127-1 the area in its entirety is less than 40 acres. In such a case , that portion of

127-2 the subdivision [shall] must be described and disposed of on one

127-3 [application,] petition unless, in the discretion of the director of the state

127-4 department of conservation and natural resources, it is found that the

127-5 remaining portion could be disposed of within a reasonable length of time,

127-6 and would not become an isolated tract. He [could] may then accept an

127-7 application for a portion of the tract, [provided that a survey be] if a survey

127-8 is made and a plat submitted on tracing cloth [(24² x 32² )] , 24 inches by

127-9 32 inches, on which [would be] is set forth an accurate [metes and bounds]

127-10 description of the property [,] by metes and bounds, with at least one

127-11 corner of the property tied to a point on the United States public land

127-12 surveys.

127-13 Sec. 448. NRS 154.160 is hereby amended to read as follows:

127-14 154.160 The [application] petition must be accompanied by:

127-15 1. The purchase price in the amount of the [applicant’s] petitioner’s

127-16 offer for the real [estate] property desired.

127-17 2. A sufficient sum to cover the cost of advertising.

127-18 3. [An application] A fee of $5.

127-19 Sec. 449. NRS 154.170 is hereby amended to read as follows:

127-20 154.170 1. The director of the state department of conservation and

127-21 natural resources shall issue a receipt to the [applicant] petitioner for the

127-22 amount deposited in his trust and shall without any unnecessary delay cause

127-23 notice of the [application] petition to be given in the following manner:

127-24 (a) By posting one of the notices in a conspicuous place in the office of

127-25 the director of the state department of conservation and natural resources.

127-26 (b) By posting one of the notices at a conspicuous place at the property.

127-27 (c) By publishing a notice in a newspaper in the county in which the

127-28 [land applied for is situate] real property is located at least once each week

127-29 for 4 consecutive weeks prior to the date of sale.

127-30 2. The notice [shall] must contain:

127-31 (a) The name of the deceased owner in which was vested the title before

127-32 death, if known.

127-33 (b) A description of the property as contained in the [application.]

127-34 petition.

127-35 (c) The amount of the offer contained in the [application.] petition.

127-36 (d) A statement that the property will be sold to the highest bidder,

127-37 specifying the time and place of the sale and that the transaction must be

127-38 handled in legal tender of the United States or a certified check.

127-39 3. The director of the state department of conservation and natural

127-40 resources [shall have the power to] may reject any or all bids.

127-41 Sec. 450. NRS 154.180 is hereby amended to read as follows:

127-42 154.180 The person to whom the title passes [shall bear] must pay the

127-43 cost of advertising and the application fee. When the title passes to a person

128-1 other than the person who made the [application,] petition, the original

128-2 [applicant shall] petitioner must be reimbursed all moneys deposited by

128-3 him.

128-4 Sec. 451. Chapter 155 of NRS is hereby amended by adding thereto

128-5 the provisions set forth as sections 452 to 455, inclusive, of this act.

128-6 Sec. 452. If a petition, notice, objection, consent, waiver or other

128-7 paper may be filed, a true and correct facsimile of it may be filed, if the

128-8 original is filed within a reasonable time.

128-9 Sec. 453. In accordance with the provisions of NRS 33.010 and the

128-10 Nevada Rules of Civil Procedure, and upon such terms and conditions as

128-11 the court deems just and appropriate, the court may issue a temporary

128-12 restraining order or an injunction to preserve and protect assets of the

128-13 estate or trust.

128-14 Sec. 454. Unless otherwise ordered by the court, an appeal pursuant

128-15 to NRS 155.190 does not stay any order or proceeding in the estate or

128-16 trust. The court may grant a stay, pending the appeal, of an order from

128-17 which the appeal was taken, upon such bond, undertaking or conditions

128-18 as it deems just or appropriate.

128-19 Sec. 455. 1. If through inadvertence or mistake an order entered

128-20 fails to state correctly the order made by the court, and the inadvertence

128-21 or mistake is brought to the attention of the court by petition or the court

128-22 acts on its own motion, the court may enter an order nunc pro tunc

128-23 correcting the previous order.

128-24 2. The order nunc pro tunc must be in the form of an amended order

128-25 and bear the caption "Amended Order of ....." The body of the amended

128-26 order must be identical to the order being corrected, except for the

128-27 correction, and conclude with language substantially as follows: "This is

128-28 an order nunc pro tunc correcting the previous order of .... dated ....."

128-29 3. If the order to be amended is many pages in length, the court may

128-30 cause to be filed a document captioned "Amendment to Order of ...."

128-31 which addresses only the correction, together with sufficient language to

128-32 identify the correction, and concludes with the same language as an

128-33 amended order. Such an amendment to an order must be accompanied

128-34 by a verified petition, or an affidavit of counsel, specifying the reasons

128-35 for the correction.

128-36 4. The original order may not be physically changed, but must be

128-37 used in conjunction with the order nunc pro tunc correcting it. In

128-38 making corrections in the amendment document a complete clause or

128-39 sentence must be stricken and replaced, even if the only change is to

128-40 correct a single word or figure.

128-41 Sec. 456. NRS 155.010 is hereby amended to read as follows:

128-42 155.010 1. Except as otherwise provided in a specific statute relating

128-43 to the kind of notice required or otherwise ordered by the court in a

129-1 particular instance, a petitioner shall cause notice of the time and place of

129-2 the hearing of a petition to be given to [a] each interested person and to

129-3 every other person entitled to notice pursuant to this Title or his attorney if

129-4 he has appeared by attorney or requested that notice be sent to his attorney.

129-5 Notice must be given:

129-6 (a) By mailing a copy thereof at least 10 days before the time set for the

129-7 hearing by certified, registered or ordinary first-class mail addressed to the

129-8 person being notified at the post office address given in his demand for

129-9 notice, if any, or at his office or place of residence, if known, or by

129-10 personally delivering a copy thereof to the person being notified at least 10

129-11 days before the time set for the hearing; or

129-12 (b) If the address or identity of the person is not known and cannot be

129-13 ascertained with reasonable diligence, by publishing at least once a week

129-14 for 3 consecutive weeks a copy thereof in a newspaper having general

129-15 circulation in the county where the hearing is to be held, the last publication

129-16 of which must be at least 10 days before the date set for the hearing.

129-17 2. The court, for good cause shown, may provide for a different

129-18 method or time of giving notice for any hearing [.] , or may dispense with

129-19 the notice otherwise required to be given to a person under this Title.

129-20 3. Proof of the giving of notice must be made on or before the hearing

129-21 and filed in the proceeding.

129-22 4. A person entitled to notice may, in writing, waive notice of the

129-23 hearing of a petition.

129-24 Sec. 457. NRS 155.020 is hereby amended to read as follows:

129-25 155.020 1. Notice of a petition for the probate of a will and the

129-26 issuance of letters [testamentary or for letters of administration] and the

129-27 notice to creditors must be given to:

129-28 (a) The persons respectively entitled thereto, including the state welfare

129-29 administrator, as provided in NRS 155.010; and

129-30 (b) The public, including creditors whose names and addresses are not

129-31 readily ascertainable, by publication on three dates of publication before

129-32 the hearing, and if the newspaper is published more than once each week ,

129-33 there must be at least 10 days from the first to last dates of publication,

129-34 including both the first and last days.

129-35 2. Every publication required by this section must be made in a

129-36 newspaper [printed] published in the county where the proceedings are

129-37 pending, but if there is not such a newspaper, then in one having general

129-38 circulation in that county.

129-39 3. The notice of the hearing upon the petition to administer the estate

129-40 must be in substantially the following form:

130-1 NOTICE OF THE HEARING UPON THE PETITION TO

130-2 ADMINISTER THE ESTATE

130-3 Notice is hereby given that ................................ has filed in this court a

130-4 petition for the probate of a will and for letters testamentary, or for letters

130-5 of administration, of the estate of ................................, deceased, and a

130-6 hearing has been set for the .......... day of ................, 19......, at .......... (a.m.

130-7 or p.m.) at the courthouse of the above-entitled court. All persons interested

130-8 in the estate are notified to appear and show cause why the petition should

130-9 not be granted.

130-10 Dated

130-11 4. As soon as practicable after appointment, [every executor or

130-12 administrator] a personal representative shall, in addition to publishing the

130-13 notice to creditors, mail a copy of the notice to those creditors whose names

130-14 and addresses are readily ascertainable as of the date of first publication of

130-15 the notice and who have not already filed a claim. The notice must be in

130-16 substantially the following form:

130-17 NOTICE TO CREDITORS

130-18 Notice is hereby given that the undersigned has been appointed and

130-19 qualified by the (giving the title of the court and the date of appointment) as

130-20 [executor or administrator (as the case may be)] personal representative of

130-21 the estate of ................................, deceased. All creditors having claims

130-22 against the estate are required to file the claims with the clerk of the court

130-23 within .......... (60 or 90) days after the mailing or the first publication (as

130-24 the case may be) of this notice.

130-25 Dated

130-26 5. If before the last day for the filing of a creditor’s claim under NRS

130-27 147.040, the personal representative discovers the existence of a creditor

130-28 who was not readily ascertainable at the time of first publication of the

130-29 notice to creditors, the personal representative shall immediately mail a

130-30 copy of the notice to the creditor.

130-31 Sec. 458. NRS 155.030 is hereby amended to read as follows:

130-32 155.030 1. At any time after the issuance of letters [testamentary or

130-33 letters of administration upon] in the estate of [any decedent, any person

130-34 interested in the estate or the property thereof, or the attorney for that

130-35 person,] a decedent, an interested person or his attorney may serve upon

130-36 the [executor or administrator or upon the attorney for the executor or

130-37 administrator,] personal representative or his attorney, and file with the

130-38 clerk of the court wherein administration of the estate is pending, a written

131-1 request stating that he desires special notice and a copy of any [of the

131-2 following matters,] further filings, steps or proceedings in the

131-3 administration of the estate . [:

131-4 (a) Filing of returns of sales, leases or mortgages of any property of the

131-5 estate, and for confirmation thereof.

131-6 (b) Filing of accounts.

131-7 (c) Filing of petitions for any purpose.

131-8 (d) Filing of reports explaining why estates have not been closed.]

131-9 2. The request must state the post office address of the [person]

131-10 requester or his attorney, and thereafter a brief notice of the filing of any

131-11 [such] returns, petitions, accounts , [or] reports , or other proceedings,

131-12 together with a copy of the filing, must be addressed to that person or his

131-13 attorney, at his stated [post office] mailing address, and deposited with the

131-14 United States Postal Service with the postage thereon prepaid, within 2

131-15 days after [the filing of the return, petition or account;] each is filed, or

131-16 personal service of [such notices] the notice may be made on the person or

131-17 his attorney within the 2 days, and the personal service is equivalent to

131-18 deposit in the post office, and proof of mailing or of personal service must

131-19 be filed with the clerk before the hearing of the [petition, return or

131-20 account.] proceeding.

131-21 3. If, upon the hearing, it appears to the satisfaction of the court that

131-22 the notice has been regularly given, the court shall so find in its order [or

131-23 judgment and the judgment] and the order is final and conclusive upon all

131-24 persons.

131-25 4. An interested person in a testamentary trust or its property, or the

131-26 attorney for that person, may serve upon the trustee or his attorney, and

131-27 file with the clerk of the court wherein administration of the trust is

131-28 pending, a written request stating that he desires notice of the filing of

131-29 accounts and petitions in connection with the trust. The provisions of

131-30 subsections 2 and 3 apply to such a request.

131-31 5. On the filing of an inventory or a supplementary inventory, the

131-32 personal representative shall mail a copy to each person who has

131-33 requested special notice.

131-34 Sec. 459. NRS 155.040 is hereby amended to read as follows:

131-35 155.040 [Whenever] If personal notice is required by this Title to be

131-36 given to any person in the matter of an estate [,] or testamentary trust, and

131-37 no other mode of giving notice is prescribed, it [shall] must be given by

131-38 citation [, which shall be] issued by the clerk [, under the seal of the court,]

131-39 and directed to the person to be served, and [commanding] must command

131-40 the person to appear before the court [or judge, as the case may be,] at a

131-41 time and place to be named in the citation. The nature or character of the

131-42 proceedings [shall] must be briefly stated in the [body thereof.] citation,

131-43 and a copy of the petition, if any, must be attached.

132-1 Sec. 460. NRS 155.060 is hereby amended to read as follows:

132-2 155.060 [When] If no other time is specially prescribed, a citation

132-3 [shall] must be served at least [2] 10 days before the [return day.] day of

132-4 the hearing, but the court may, for good cause shown, shorten the time to

132-5 no less than 1 full judicial day before the day of the hearing.

132-6 Sec. 461. NRS 155.070 is hereby amended to read as follows:

132-7 155.070 [When] If publication is required, [such publication shall] the

132-8 publication must be made daily, or otherwise, as often during the

132-9 prescribed period as the newspaper is regularly issued, unless otherwise

132-10 provided in this Title. The court , [or judge,] however, may prescribe [a

132-11 less number of] less publications during the period for publication, and the

132-12 court [or judge] may, for good cause shown, extend or shorten any of the

132-13 times prescribed in this Title.

132-14 Sec. 462. NRS 155.080 is hereby amended to read as follows:

132-15 155.080 All proofs of publication or other mode or modes of giving

132-16 notice or serving papers may be made by the certificate or affidavit of any

132-17 person competent to be a witness . [, which] The certificate or affidavit

132-18 must be filed, and constitutes prima facie evidence of publication or service

132-19 . [, as the case may be.] Proof of service may also be made [by any means]

132-20 in any manner permitted by the Nevada Rules of Civil Procedure.

132-21 Sec. 463. NRS 155.090 is hereby amended to read as follows:

132-22 155.090 All notices required to be given by this Title may be given by

132-23 the clerk of the court without an order from the [judge for the same;] court,

132-24 and, when so given, for the time and in the manner required by law, they

132-25 [shall be] are as legal and valid as though made upon an order from [such

132-26 judge.] the court. If use of a citation is authorized or required by statute,

132-27 the citation may be issued by the clerk of the court on the request of a

132-28 party or his attorney, without a court order, unless an order is expressly

132-29 required by the statute.

132-30 Sec. 464. NRS 155.110 is hereby amended to read as follows:

132-31 155.110 1. A transcript from the minutes of court, or a copy of the

132-32 signed order of the court, showing the appointment of any person as

132-33 [executor or administrator,] personal representative, together with the

132-34 certificate of the clerk [, under his hand and the seal of the court that such]

132-35 that the person has given bond , if required, and has been qualified, and

132-36 that letters [testamentary or letters of administration] have been issued to

132-37 him, and have not been revoked, [shall have] has the same effect in

132-38 evidence as the letters themselves.

132-39 2. A copy of the letters, with like certificate, [shall have] has the same

132-40 effect.

133-1 Sec. 465. NRS 155.120 is hereby amended to read as follows:

133-2 155.120 [When a decree is rendered,] If an order is entered setting

133-3 apart a homestead, a certified copy of the [decree] order shall be recorded

133-4 in the office of the county recorder of the county where the property is

133-5 located.

133-6 Sec. 466. NRS 155.140 is hereby amended to read as follows:

133-7 155.140 [When, upon any proceeding in an estate,]

133-8 1. In a proceeding involving the estate of a decedent or a

133-9 testamentary trust:

133-10 (a) Interests to be affected must be described in pleadings that give

133-11 reasonable information to owners by name or class, by reference to the

133-12 instrument creating the interest or in another appropriate manner.

133-13 (b) An order binding the sole holder or all co-holders of a power of

133-14 revocation or presently exercisable general power of appointment,

133-15 including a power of amendment, binds other persons to the extent their

133-16 interests, as objects, takers in default or otherwise, are subject to the

133-17 power.

133-18 (c) To the extent there is no conflict of interest between them or

133-19 among persons represented:

133-20 (1) An order binding a guardian of the estate binds the person

133-21 whose estate he controls.

133-22 (2) An order binding a guardian of the person binds the ward if no

133-23 separate guardian of his estate has been appointed.

133-24 (3) An order binding a trustee binds beneficiaries of the trust in a

133-25 proceeding to probate a will establishing or adding to the trust, to review

133-26 the acts or accounts of a previous fiduciary, or involving creditors or

133-27 other third parties.

133-28 (4) An order binding a personal representative binds persons

133-29 interested in the undistributed assets of the estate of a decedent in an

133-30 action or proceeding by or against the estate.

133-31 (d) If there is no conflict of interest and no guardian of the estate has

133-32 been appointed, a parent may represent his minor child.

133-33 (e) An unborn or unascertained person who is not otherwise

133-34 represented is bound by an order to the extent his interest is adequately

133-35 represented by another person having a substantially identical interest in

133-36 the proceeding.

133-37 (f) Notice as prescribed by this Title must be given to every interested

133-38 person or to one who can bind an interested person under subsection (b),

133-39 (c) or (d). Notice may be given both to a person and to another who can

133-40 bind him.

133-41 (g) Notice is given to unborn or unascertained persons who are not

133-42 represented under subsection (b), (c) or (d) by giving notice to all known

134-1 persons whose interest in the proceeding is substantially identical to that

134-2 of the unborn or unascertained persons.

134-3 (h) At any stage of a proceeding, the court may appoint a guardian ad

134-4 litem or an attorney to represent the interest of a minor, an incapacitated,

134-5 unborn or unascertained person, or a persona whose identity or address

134-6 is unknown, if the court determines that representation of the interest

134-7 would otherwise be inadequate. If not precluded by conflict of interest, a

134-8 guardian ad litem or an attorney may be appointed to represent several

134-9 persons or interests. The court shall set out its reasons for appointing a

134-10 guardian ad litem or an attorney as a part of the record of the

134-11 proceeding.

134-12 2. If an attorney has been appointed for minors or [others interested in

134-13 the estate, such] other interested persons, the attorney, until another may

134-14 be appointed, shall represent the person or persons for whom he has been

134-15 appointed in all subsequent proceedings.

134-16 Sec. 467. NRS 155.150 is hereby amended to read as follows:

134-17 155.150 1. All issues of fact in matters of an estate [shall] must be

134-18 disposed of in the same manner as is by law provided upon the trial of

134-19 issues of fact in a common law action [.] , but all matters must be tried by

134-20 the court except as otherwise provided in NRS 137.020.

134-21 2. All questions of cost may be determined by the court, and execution

134-22 may issue therefor in accordance with the order of the court.

134-23 Sec. 468. NRS 155.160 is hereby amended to read as follows:

134-24 155.160 1. An interested person may appear and make a response

134-25 or objection in writing at or before the hearing.

134-26 2. An interested person may appear and make a response or

134-27 objection orally at the hearing. The court may hear and determine the

134-28 response or objection at the hearing or grant a continuance to allow the

134-29 response or objection to be made in writing.

134-30 3. If the court is not in session at the time set for the hearing of any

134-31 matter concerning the settlement of the [estates of deceased persons,] estate

134-32 of a decedent, anyone opposing the [application] petition therein made may

134-33 file objections thereto with the clerk.

134-34 Sec. 469. NRS 155.170 is hereby amended to read as follows:

134-35 155.170 The testimony of a witness or witnesses in other counties of

134-36 this state, or in other [states or territories,] jurisdictions of the United

134-37 States, or in foreign countries, may be taken by deposition as provided in

134-38 the Nevada Rules of Civil Procedure. [When a commission issues ex parte,

134-39 no cross-interrogatories shall be necessary.]

134-40 Sec. 470. NRS 155.180 is hereby amended to read as follows:

134-41 155.180 [When not] Except as otherwise specially provided in this

134-42 Title, all the provisions of law and the Nevada Rules of Civil Procedure

134-43 regulating proceedings in civil cases apply in matters of [estate,] probate,

135-1 when appropriate, or [the same] may be applied as auxiliary to the

135-2 provisions of this Title. The Nevada Rules of Appellate Procedure

135-3 regulating appeals in civil cases apply to appeals taken pursuant to NRS

135-4 155.190.

135-5 Sec. 471. NRS 155.190 is hereby amended to read as follows:

135-6 155.190 In addition to any order [or decree] from which an appeal is

135-7 expressly permitted by this Title, an appeal may be taken to the supreme

135-8 court within 30 days after its entry [,] from an order : [or decree:]

135-9 1. Granting or revoking letters testamentary or letters of administration.

135-10 2. Admitting a will to probate or revoking the probate thereof.

135-11 3. Setting aside an estate claimed not to exceed $50,000 in value.

135-12 4. Setting apart property as a homestead, or claimed to be exempt from

135-13 execution.

135-14 5. Granting or modifying a family allowance.

135-15 6. Directing or authorizing the sale or conveyance or confirming the

135-16 sale of property.

135-17 7. Settling an account of [an executor, administrator] a personal

135-18 representative or trustee.

135-19 8. Instructing or appointing a trustee.

135-20 9. Instructing or directing [an executor or administrator.] a personal

135-21 representative.

135-22 10. Directing or allowing the payment of a debt, claim, [legacy] devise

135-23 or attorney’s fee.

135-24 11. Determining heirship or the persons to whom distribution must be

135-25 made or trust property must pass.

135-26 12. Distributing property.

135-27 13. Refusing to make any order mentioned in this section or any

135-28 decision wherein the amount in controversy equals or exceeds, exclusive of

135-29 costs, [$1,000.] $5,000.

135-30 14. Granting or denying a motion to enforce the liability of a surety

135-31 filed pursuant to NRS 142.035.

135-32 15. Granting an order for conveyance or transfer pursuant to section

135-33 332 of this act.

135-34 Sec. 472. NRS 155.200 is hereby amended to read as follows:

135-35 155.200 An appeal by [an executor or administrator] a personal

135-36 representative who has given an official bond as provided in this Title

135-37 [shall be] is complete and effectual without an undertaking on appeal.

135-38 Sec. 473. NRS 155.210 is hereby amended to read as follows:

135-39 155.210 1. Upon an appeal, the [appellate] supreme court may [, in

135-40 its discretion,] reverse, affirm or modify the [judgment, order or decree]

135-41 order appealed from, and as to any or all of the parties, and order a

135-42 remittitur as in other cases, and may order costs to be paid by any party to

135-43 the proceeding, or out of the estate, as justice may require.

136-1 2. Execution for costs may issue out of the district court.

136-2 Sec. 474. NRS 155.220 is hereby amended to read as follows:

136-3 155.220 [When] If an order [or decree appointing an executor or

136-4 administrator shall be] appointing a personal representative is reversed on

136-5 appeal, all lawful acts in administration [upon] of the estate performed by

136-6 [such executor or administrator, if he shall have qualified, shall be] him are

136-7 as valid as if [such order or decree] the order had been affirmed.

136-8 Sec. 475. NRS 159.179 is hereby amended to read as follows:

136-9 159.179 1. [Each] An account made and filed by a guardian of the

136-10 estate or special guardian who is authorized to manage the ward’s property

136-11 [shall] must include the following information:

136-12 (a) The period [of time] covered by the account.

136-13 (b) All cash receipts and disbursements during the period covered by the

136-14 account.

136-15 (c) All claims filed and the action taken thereon.

136-16 (d) Any changes in the ward’s property due to sales, exchanges,

136-17 investments, acquisitions, gifts, mortgages or other transactions which have

136-18 increased, decreased or altered the ward’s property holdings as reported in

136-19 the original inventory or the preceding account.

136-20 (e) Such other information as the guardian considers necessary to show

136-21 the condition of the affairs of the ward.

136-22 2. If the account is for the estates of two or more wards it must show

136-23 the interest of each ward in the receipts, disbursements and property.

136-24 3. Receipts or vouchers for all expenditures must be [filed with the

136-25 account or produced at the hearing, unless excused by law or by the court.

136-26 The court may dispense with the necessity of filing receipts or vouchers

136-27 under the same circumstances] retained for examination under the

136-28 procedures provided [for] in NRS 150.150.

136-29 Sec. 476. Chapter 163 of NRS is hereby amended by adding thereto

136-30 the provisions set forth as sections 477 to 483, inclusive, of this act.

136-31 Sec. 477. Except as otherwise specifically provided in the trust

136-32 instrument, a person who holds a power to appoint or distribute income

136-33 or principal to or for the benefit of others, individually or as trustee, may

136-34 not use the power to discharge his legal obligations.

136-35 Sec. 478. 1. If a trustee commits or threatens to commit a breach

136-36 of trust, a beneficiary or cotrustee of the trust may maintain a proceeding

136-37 for any of the following purposes that is appropriate:

136-38 (a) To compel the trustee to perform his duties.

136-39 (b) To enjoin the trustee from committing the breach of trust.

136-40 (c) To compel the trustee to redress the breach of trust by payment of

136-41 money or otherwise.

136-42 (d) To appoint a receiver or temporary trustee to take possession of the

136-43 trust property and administer the trust.

137-1 (e) To remove the trustee.

137-2 (f) To set aside acts of the trustee.

137-3 (g) To reduce or deny compensation of the trustee.

137-4 (h) To impose an equitable lien or a constructive trust on trust

137-5 property.

137-6 (i) To trace trust property that has been wrongfully disposed of and

137-7 recover the property or its proceeds.

137-8 2. The provision of remedies in subsection 1 does not preclude resort

137-9 to any other appropriate remedy provided by statute or common law.

137-10 3. A proceeding under this section must be commenced by filing a

137-11 petition under NRS 164.010 and section 512 of this act.

137-12 Sec. 479. A trustee has the powers provided in the trust instrument,

137-13 expressed by law or granted by the court upon petition, as necessary or

137-14 appropriate to accomplish a purpose of the trust, but the court may not

137-15 grant a power expressly prohibited by the trust instrument.

137-16 Sec. 480. A third person who acts in good faith is not bound to

137-17 ensure the proper application of trust property paid or delivered to a

137-18 trustee.

137-19 Sec. 481. Upon such terms and conditions as are just and proper,

137-20 the court may order termination and distribution of a trust before the

137-21 time provided in the trust instrument, if administration or continued

137-22 administration of the trust is no longer feasible or economical. A petition

137-23 for such an order may be filed by an interested person under NRS

137-24 164.010 and section 512 of this act.

137-25 Sec. 482. 1. Except as otherwise provided in subsection 2 or in the

137-26 trust, a trustee may distribute property and money:

137-27 (a) In divided or undivided interests; and

137-28 (b) With or without proration.

137-29 2. Each affected beneficiary must consent before property or money

137-30 is distributed without proration, unless the trust specifically authorizes

137-31 the trustee to make that distribution.

137-32 Sec. 483. 1. A trust may refer to a written statement or list to

137-33 dispose of items of tangible personal property not otherwise specifically

137-34 disposed of by the trust, other than money, evidences of indebtedness,

137-35 documents of title, securities and property used in a trade or business.

137-36 2. To be admissible as evidence of the intended disposition, the

137-37 statement or list must contain:

137-38 (a) The date of its execution.

137-39 (b) A title indicating its purpose.

137-40 (c) A reference to the trust to which it relates.

137-41 (d) A reasonably certain description of the items to be disposed of and

137-42 the beneficiaries.

137-43 (e) The signature of the settlor.

138-1 3. The statement or list may be:

138-2 (a) Referred to as a writing to be in existence at the death of the

138-3 settlor.

138-4 (b) Prepared before or after the execution of the trust instrument.

138-5 (c) Altered by the settlor after its preparation.

138-6 (d) A writing which has no significance apart from its affect upon the

138-7 dispositions made by the trust.

138-8 Sec. 484. NRS 163.003 is hereby amended to read as follows:

138-9 163.003 A trust is created only if:

138-10 1. The settlor properly manifests an intention to create a trust; and

138-11 2. There is trust property [.] , except as otherwise provided in NRS

138-12 163.230.

138-13 Sec. 485. NRS 163.010 is hereby amended to read as follows:

138-14 163.010 NRS 163.010 to [163.210,] 163.200, inclusive, may be cited

138-15 as the Uniform Trusts Act.

138-16 Sec. 486. NRS 163.020 is hereby amended to read as follows:

138-17 163.020 As used in NRS 163.010 to [163.210,] 163.200, inclusive,

138-18 unless the context or subject matter otherwise requires:

138-19 1. "Affiliate" means any person directly or indirectly controlling or

138-20 controlled by another person, or any person under direct or indirect

138-21 common control with another person. It includes any person with whom a

138-22 trustee has an express or implied agreement regarding the purchase of trust

138-23 investments by each from the other, directly or indirectly, except a broker

138-24 or stock exchange.

138-25 2. "Relative" means a spouse, ancestor, descendant, brother or sister.

138-26 3. "Trust" means an express trust only.

138-27 4. "Trustee" means the person holding property in trust and includes

138-28 trustees, a corporate as well as a natural person and a successor or

138-29 substitute trustee.

138-30 Sec. 487. NRS 163.050 is hereby amended to read as follows:

138-31 163.050 No trustee [shall] may directly or indirectly buy or sell any

138-32 property for the trust from or to itself or an affiliate , [;] or from or to a

138-33 director, officer [,] or employee of [such] the trustee or of an affiliate , [;]

138-34 or from or to a relative, employer, partner [,] or other business associate of

138-35 a trustee, except with the prior approval of the [district] court having

138-36 jurisdiction of the trust estate . [and of the accounting thereof.]

138-37 Sec. 488. NRS 163.060 is hereby amended to read as follows:

138-38 163.060 1. Except as otherwise provided in subsection 2 [,] or

138-39 authorized by the trust instrument, a trustee shall not as trustee of one trust

138-40 sell property to itself as trustee of another trust except with the approval of

138-41 the [district] court having jurisdiction of the trust estate . [and of the

138-42 accounting thereof.]

139-1 2. A bank or other corporate trustee which is subject to regulation by

139-2 state or federal authorities may sell a security which is listed on a regulated

139-3 stock exchange or sold over the counter by the National Association of

139-4 Securities Dealers and is held by it as fiduciary in one account to itself as

139-5 fiduciary in another account if the transaction is fair to the beneficiaries of

139-6 both accounts and is not otherwise expressly prohibited by a particular

139-7 statute.

139-8 Sec. 489. NRS 163.070 is hereby amended to read as follows:

139-9 163.070 [No] Except as otherwise authorized by the trust instrument

139-10 or order of the court, a corporate trustee shall not purchase for a trust

139-11 shares of its own stock, or its bonds or other securities, or the stock, bonds

139-12 or other securities of an affiliate.

139-13 Sec. 490. NRS 163.100 is hereby amended to read as follows:

139-14 163.100 Unless it is otherwise provided by the trust instrument [, or an

139-15 amendment thereof,] or by court order, all powers of a trustee [shall be] are

139-16 attached to the office and [shall not be] are not personal.

139-17 Sec. 491. NRS 163.110 is hereby amended to read as follows:

139-18 163.110 1. Unless it is otherwise provided by the trust instrument [,

139-19 or an amendment thereof,] or by court order, any power vested in three or

139-20 more trustees may be exercised by a majority of [such trustees; but no] the

139-21 trustees. A trustee who has not joined in exercising a power [shall be] is

139-22 not liable to the beneficiaries or to others for the consequences of [such

139-23 exercise, nor shall] the exercise of power and a dissenting trustee [be] is

139-24 not liable for the consequences of an act in which [he joins] that trustee

139-25 joined at the direction of the majority trustees, if he expressed his dissent in

139-26 writing to any of his cotrustees at or before the time of [such] the joinder.

139-27 2. [Nothing in this section shall] This section does not excuse a

139-28 cotrustee from liability for inactivity in the administration of the trust nor

139-29 for failure to attempt to prevent a breach of trust.

139-30 3. Except as otherwise authorized in the trust instrument or by order

139-31 of the court, a power vested in two trustees may only be exercised by

139-32 unanimous action.

139-33 4. If the trustees cannot exercise a power vested in them in a manner

139-34 permitted by this section, an interested person may petition the court for

139-35 appropriate instructions pursuant to NRS 164.010 and section 512 of this

139-36 act.

139-37 Sec. 492. NRS 163.120 is hereby amended to read as follows:

139-38 163.120 1. [Whenever a trustee shall make a contract which is within

139-39 his powers as trustee, or a predecessor trustee shall have made such a

139-40 contract, and a cause of action shall arise thereon, the party in whose favor

139-41 the cause of action has accrued may sue the trustee in his representative

139-42 capacity, and any judgment rendered in such action in favor of the plaintiff

139-43 shall be collectible out of the trust property. In such an action the plaintiff

140-1 need not prove that the trustee could have secured reimbursement from the

140-2 trust fund if he had paid the plaintiff’s claim.

140-3 2. No judgment shall be rendered] A claim based on a contract

140-4 entered into by a trustee in the capacity of representative, or on an

140-5 obligation arising from ownership or control of trust property, may be

140-6 asserted against the trust by proceeding against the trustee in the capacity

140-7 of representative, whether or not the trustee is personally liable on the

140-8 claim.

140-9 2. A judgment may not be entered in favor of the plaintiff in [such]

140-10 the action unless [he] the plaintiff proves that within 30 days after [the

140-11 beginning of such] filing the action, or within 30 days after the filing of a

140-12 report of an early case conference if one is required, whichever is longer,

140-13 or within such other time as the court may fix, and more than 30 days [prior

140-14 to] before obtaining the judgment, [he] the plaintiff notified each of the

140-15 beneficiaries known to the trustee who then had a present interest, or in the

140-16 case of a charitable trust , the attorney general and any corporation which is

140-17 a beneficiary or agency in the performance of [such] the charitable trust, of

140-18 the existence and nature of the action. [Such notice shall] The notice must

140-19 be given by mailing copies [thereof in postpaid envelopes addressed to the

140-20 parties to be notified] to the beneficiaries at their last known addresses.

140-21 The trustee shall furnish the plaintiff a list of the [parties] beneficiaries to

140-22 be notified, and their addresses, within 10 days after written demand

140-23 therefor, and notification of the persons on [such list shall constitute] the

140-24 list constitutes compliance with the duty placed on the plaintiff by this

140-25 section. Any beneficiary, or in the case of charitable trusts the attorney

140-26 general and any corporation which is a beneficiary or agency in the

140-27 performance of [such] the charitable trust, may intervene in [such] the

140-28 action and contest the right of the plaintiff to recover.

140-29 3. [The plaintiff may also hold the trustee who made the contract

140-30 personally liable on such contract, if the contract does not exclude such

140-31 personal liability.] Except as otherwise provided in this chapter or in the

140-32 contract, a trustee is not personally liable on a contract properly entered

140-33 into in the capacity of representative in the course of administration of

140-34 the trust unless the trustee fails to reveal the representative capacity or

140-35 identify the trust in the contract. The addition of the word "trustee" or the

140-36 words "as trustee" after the signature of a trustee to a contract [shall be

140-37 deemed] are prima facie evidence of an intent to exclude the trustee from

140-38 personal liability.

140-39 Sec. 493. NRS 163.140 is hereby amended to read as follows:

140-40 163.140 1. [Where] If a trustee or his predecessor has [incurred

140-41 personal liability for a tort] committed a tort in the course of his

140-42 administration [,] of the trust, the trustee in [his representative] the

140-43 capacity of representative may be sued and collection had from the trust

141-1 property, if the court [shall determine in such] determines in the action

141-2 that:

141-3 (a) The tort was a common incident of the kind of business activity in

141-4 which the trustee or his predecessor was properly engaged for the trust; [or]

141-5 (b) That, although the tort was not a common incident of such activity,

141-6 neither the trustee nor his predecessor, nor any officer or employee of the

141-7 trustee or his predecessor, was guilty of personal fault in incurring the

141-8 liability; or

141-9 (c) That, although the tort did not fall within [paragraphs (a) and (b)

141-10 above,] paragraph (a) or (b), it increased the value of the trust property.

141-11 If the tort is within [paragraphs (a) or (b) above,] paragraph (a) or (b),

141-12 collection may be had of the full amount of damage proved , [;] and if the

141-13 tort is within paragraph (c) above, collection may be had only to the extent

141-14 of the increase in the value of the trust property.

141-15 2. In an action against the trustee in [his representative] the capacity of

141-16 representative under this section , the plaintiff need not prove that the

141-17 trustee could have secured reimbursement from the trust fund if [he] trustee

141-18 had paid the plaintiff’s claim.

141-19 3. [No judgment shall be rendered] A judgment may not be entered in

141-20 favor of the plaintiff in [such] the action unless he proves that , within 30

141-21 days after [the beginning of] filing the action, or within 30 days after the

141-22 filing of a report of an early case conference if one is required,

141-23 whichever is longer, or within such other period as the court may fix, and

141-24 more than 30 days [prior to] before obtaining the judgment, he notified

141-25 each of the beneficiaries known to the trustee who then had a present

141-26 interest of the existence and nature of the action. [Such notice shall] The

141-27 notice must be given by mailing copies [thereof in postpaid envelopes

141-28 addressed to such] to the beneficiaries at their last known addresses. The

141-29 [trustees] trustee shall furnish the plaintiff a list of [such] the beneficiaries

141-30 and their addresses, within 10 days after written demand therefor, and

141-31 notification of the persons on [such list shall constitute] the list constitutes

141-32 compliance with the duty placed on the plaintiff by this section. Any

141-33 beneficiary may intervene in [such] the action and contest the right of the

141-34 plaintiff to recover.

141-35 4. [The] Subject to the rights of exoneration or reimbursement

141-36 provided in NRS 163.130, the trustee may also be held personally liable for

141-37 any tort committed by him, or by his agents or employees in the course of

141-38 their employments [, subject to the rights of exoneration or reimbursement

141-39 provided in NRS 163.130.

141-40 5. Nothing in this section shall be construed to] only if the trustee,

141-41 agent or employee is personally at fault.

142-1 5. This section does not change the existing law with regard to the

142-2 liability of trustees of charitable trusts for torts of themselves or their

142-3 employees.

142-4 Sec. 494. NRS 163.160 is hereby amended to read as follows:

142-5 163.160 1. The settlor of [any] a trust affected by NRS 163.010 to

142-6 [163.210,] 163.200, inclusive, may, by provision in the instrument creating

142-7 the trust if the trust was created by a writing, or by oral statement to the

142-8 trustee at the time of the creation of the trust if the trust was created orally,

142-9 or by an amendment of the trust if the settlor reserved the power to amend

142-10 the trust, relieve his trustee from any or all of the duties, restrictions, and

142-11 liabilities which would otherwise be imposed upon him by NRS 163.010 to

142-12 [163.210, inclusive;] 163.200, inclusive, or alter or deny to his trustee any

142-13 or all of the privileges and powers conferred upon the trustee by NRS

142-14 163.010 to [163.210, inclusive;] 163.200, inclusive, or add duties,

142-15 restrictions, liabilities, privileges, or powers, to those imposed or granted

142-16 by NRS 163.010 to [163.210, inclusive;] 163.200, inclusive, but no act of

142-17 the settlor [shall relieve] relieves a trustee from the duties, restrictions, and

142-18 liabilities imposed upon him by NRS 163.030, 163.040 and 163.050.

142-19 2. Except as otherwise provided in subsections 1 and 3, a trustee may

142-20 be relieved of liability for breach of trust by provisions of the trust

142-21 instrument.

142-22 3. A provision of the trust instrument is not effective to relieve a

142-23 trustee of liability:

142-24 (a) For breach of trust committed intentionally, with gross negligence,

142-25 in bad faith, or with reckless indifference to the interest of a beneficiary;

142-26 or

142-27 (b) For any profit that he derives from a breach of trust.

142-28 Sec. 495. NRS 163.170 is hereby amended to read as follows:

142-29 163.170 [Any] A beneficiary of a trust affected by NRS 163.010 to

142-30 [163.210,] 163.200, inclusive, may, if of full legal capacity and acting upon

142-31 full information, by written instrument delivered to the trustee, relieve the

142-32 trustee as to [such] that beneficiary from any or all of the duties,

142-33 restrictions, and liabilities which would otherwise be imposed on the trustee

142-34 by NRS 163.010 to [163.210,] 163.200, inclusive, except as to the duties,

142-35 restrictions, and liabilities imposed by NRS 163.030, 163.040 and 163.050.

142-36 [Any such] The beneficiary may release the trustee from liability to [such

142-37 beneficiary] him for past violations of any of the provisions of NRS

142-38 163.010 to [163.210,] 163.200, inclusive.

142-39 Sec. 496. NRS 163.180 is hereby amended to read as follows:

142-40 163.180 A court [of competent jurisdiction] may, for cause shown and

142-41 upon notice to the beneficiaries, relieve a trustee from any or all of the

142-42 duties and restrictions which would otherwise be placed upon [him] the

142-43 trustee by NRS 163.010 to [163.210,] 163.200, inclusive, or wholly or

143-1 partly excuse a trustee who has acted honestly and reasonably from liability

143-2 for violation of the provisions of NRS 163.010 to [163.210,] 163.200,

143-3 inclusive.

143-4 Sec. 497. NRS 163.190 is hereby amended to read as follows:

143-5 163.190 If a trustee violates any of the provisions of NRS 163.010 to

143-6 [163.210,] 163.200, inclusive, he may be removed and denied

143-7 compensation in whole or in part , [;] and any beneficiary, cotrustee [,] or

143-8 successor trustee may treat the violation as a breach of trust.

143-9 Sec. 498. NRS 163.200 is hereby amended to read as follows:

143-10 163.200 NRS 163.010 to [163.210, inclusive, shall] 163.200,

143-11 inclusive, must be so interpreted and construed as to effectuate their

143-12 general purpose to make uniform the law of those states which enact them.

143-13 Sec. 499. NRS 163.230 is hereby amended to read as follows:

143-14 163.230 1. A devise , [or bequest,] the validity of which is

143-15 determinable by the law of this state, may be made by a will to a trustee or

143-16 trustees of a trust established or created by the testator , or by the testator

143-17 and some other person or persons , or by some other person or persons , [(]

143-18 including a funded or unfunded life insurance trust, although the [trustor]

143-19 settlor has reserved any or all rights of ownership of the insurance contracts

143-20 , [),] if the trust is identified in the testator’s will and the terms are set forth

143-21 in a written instrument [(] other than a will , [)] executed before or

143-22 concurrently with the execution of the testator’s will, or in the valid last

143-23 will of a person who has predeceased the testator , [(] regardless of the

143-24 existence, size or character of the corpus of the trust . [).]

143-25 2. The devise [or bequest] is not invalid because the trust is amendable

143-26 or revocable, or both, or because the trust was amended after the execution

143-27 of the will or after the death of the testator.

143-28 3. Unless the testator’s will provides otherwise, the property so devised

143-29 : [or bequeathed:]

143-30 (a) Shall not be deemed to be held under a testamentary trust of the

143-31 testator but is a part of the trust to which it is given; and

143-32 (b) Must be administered and disposed of in accordance with the

143-33 provisions of the instrument or will setting forth the terms of the trust,

143-34 including any amendments thereto made before the death of the testator , [(]

143-35 regardless of whether made before or after the execution of testator’s will ,

143-36 [)] or any modifications or amendments whenever made, which are made

143-37 pursuant to the Charitable Trust Act of 1971, and, if the testator’s will so

143-38 provides, including any amendments to the trust made after the death of the

143-39 testator.

143-40 4. A revocation or termination of the trust before the death of the

143-41 testator causes the devise [or bequest] to lapse.

144-1 Sec. 500. NRS 163.275 is hereby amended to read as follows:

144-2 163.275 1. A fiduciary may invest and reinvest, as [the fiduciary] he

144-3 deems advisable:

144-4 [1.] (a) In stocks , [(] common or preferred , [),] bonds, debentures,

144-5 notes, mortgages or other securities in or outside the United States;

144-6 [2.] (b) In insurance contracts on the life of any beneficiary or of any

144-7 person in whom a beneficiary has an insurable interest, or in annuity

144-8 contracts for any beneficiary;

144-9 [3.] (c) In any real or personal property;

144-10 [4.] (d) In investment trusts;

144-11 [5.] (e) In participations in common trust funds; [and

144-12 6.] (f) In securities of any corporation, trust, association or fund:

144-13 [(a)] (1) Which is engaged, or proposes to engage, in the business of

144-14 investing, reinvesting, owning, holding or trading in securities;

144-15 [(b)] (2) Whose assets are invested principally in cash or in securities

144-16 of other issuers; and

144-17 [(c)] (3) Which is registered as an investment company with the

144-18 Securities and Exchange Commission [.

144-19 7.] and

144-20 (g) Generally in such property as the fiduciary deems advisable, even

144-21 though [such] the investment is not of the character approved by applicable

144-22 law but for this section.

144-23 2. A fiduciary may delegate the authority to invest, but he is not

144-24 thereby relieved of any liability that exists in the absence of delegation.

144-25 Sec. 501. NRS 163.290 is hereby amended to read as follows:

144-26 163.290 A fiduciary may form a corporation , limited liability

144-27 company or other entity , and transfer, assign and convey to [such] the

144-28 corporation , limited liability company or entity all or any part of the estate

144-29 or of any trust property in exchange for the stock, securities or obligations

144-30 of [any such corporation] the corporation, limited liability company or

144-31 entity, and continue to hold [such] the stock and securities and obligations.

144-32 Sec. 502. NRS 163.295 is hereby amended to read as follows:

144-33 163.295 A fiduciary may continue any farming operation received by

144-34 the fiduciary pursuant to the will , trust or other instrument and do any and

144-35 all things deemed advisable by the fiduciary in the management and

144-36 maintenance of such farm and the production and marketing of crops and

144-37 dairy, poultry, livestock, orchard and the forest products, including , but not

144-38 limited to , the following powers:

144-39 1. To operate the farm with hired labor, tenants or sharecroppers;

144-40 2. To lease or rent the farm for cash or for a share of the crops;

144-41 3. To purchase or otherwise acquire farm machinery and equipment

144-42 and livestock;

145-1 4. To construct, repair and improve farm buildings of all kinds needed,

145-2 in the fiduciary’s judgment, for the operation of the farm;

145-3 5. To make or obtain loans or advances at the prevailing rate or rates of

145-4 interest for farm purposes such as for production, harvesting or marketing,

145-5 or for the construction, repair or improvement of farm buildings, or for the

145-6 purchase of farm machinery, equipment or livestock;

145-7 6. To employ approved soil conservation practices in order to

145-8 conserve, improve and maintain the fertility and productivity of the soil;

145-9 7. To protect, manage and improve the timber and forest on the farm

145-10 and sell the timber and forest products when it is to the best interest of the

145-11 estate;

145-12 8. To ditch, dam and drain damp or wet fields and areas of the farm

145-13 when and where needed;

145-14 9. To engage in the production of livestock, poultry or dairy products,

145-15 and to construct such fences and buildings and plant such pastures and

145-16 crops as may be necessary to carry on such operations;

145-17 10. To market the products of the farm; and

145-18 11. In general, to employ good husbandry in the farming operation.

145-19 Sec. 503. NRS 163.315 is hereby amended to read as follows:

145-20 163.315 In dealing with one or more fiduciaries, a fiduciary may:

145-21 1. Sell property, real or personal, to, or exchange property with, the

145-22 trustee of any trust which the decedent or the settlor or [his] the settlor’s

145-23 spouse or any child of [his] the settlor has created, for such estates and

145-24 upon such terms and conditions as to sale price, terms of payment and

145-25 security as to the fiduciary seem advisable. The fiduciary has no duty to

145-26 follow the proceeds of any such sale.

145-27 2. Borrow money for such periods of time and upon such terms and

145-28 conditions as to rates, maturities, renewals and securities as the fiduciary

145-29 deems available from any trust created by the decedent, [his spouse or any

145-30 child of his,] or the spouse or child of the decedent, for the purpose of:

145-31 (a) Paying debts of the decedent, taxes, the costs of the administration of

145-32 the estate [,] and like charges against the estate, or any part thereof; or

145-33 (b) Discharging the liability of any fiduciary thereof. A fiduciary may

145-34 mortgage, pledge or otherwise encumber such portion of the estate or any

145-35 trust as may be required to [secure such] obtain the loan or loans and to

145-36 renew [such] the loans.

145-37 Sec. 504. NRS 163.320 is hereby amended to read as follows:

145-38 163.320 A fiduciary may:

145-39 1. Borrow money for such periods of time and upon such terms and

145-40 conditions as to rates, maturities, renewals and security as the fiduciary

145-41 deems advisable, including the power of a corporate fiduciary to borrow

145-42 from its own banking department, for the purpose of paying debts, taxes or

145-43 other charges against the estate or any trust, or any part thereof;

146-1 2. [Mortgage,] Provide a guarantee by the trust or mortgage, pledge

146-2 or otherwise encumber such portion of the estate or any trust as may be

146-3 required to [secure such] obtain the loan or loans; and

146-4 3. Renew existing loans either as maker or endorser.

146-5 Sec. 505. NRS 163.400 is hereby amended to read as follows:

146-6 163.400 A fiduciary may:

146-7 1. Make payments in money, or in property in lieu of money, to or for a

146-8 minor or [incompetent] incapacitated person in any one or more of the

146-9 following ways:

146-10 (a) Directly to [such] the minor or [incompetent.] incapacitated person.

146-11 (b) To apply directly in payment for the support, maintenance, education

146-12 and medical, surgical, hospital or other institutional care of [such] the

146-13 minor or [incompetent.] incapacitated person.

146-14 (c) To the legal or natural guardian of [such] the minor or

146-15 [incompetent.] incapacitated person.

146-16 (d) To any other person, whether or not appointed guardian of the

146-17 person by any court, who has, in fact, the care and custody of the person of

146-18 [such] the minor or [incompetent.] incapacitated person.

146-19 2. The fiduciary has no duty to see to the application of the payments

146-20 so made, if the fiduciary exercised due care in the selection of the person,

146-21 including the minor or [incompetent,] incapacitated person, to whom

146-22 [such] the payments were made, and the receipt of [such person shall be]

146-23 that person is full acquittance to the fiduciary.

146-24 Sec. 506. NRS 163.440 is hereby amended to read as follows:

146-25 163.440 As used in NRS 163.420 to 163.550, inclusive, unless

146-26 otherwise indicated, section references are to the [Federal] Internal

146-27 Revenue Code of [1954,] 1986, as in effect on January 1, [1971,] 1999, and

146-28 include future amendments to such sections and corresponding provisions

146-29 of future [Internal Revenue Laws.] federal internal revenue laws.

146-30 Sec. 507. NRS 163.520 is hereby amended to read as follows:

146-31 163.520 1. In the administration of any private foundation trust, split

146-32 interest trust or charitable trust which is subject to the provisions of the

146-33 Internal Revenue Code of [1954,] 1986, as in effect on January 1, [1971,]

146-34 1999, the following acts are prohibited:

146-35 (a) Engaging in any act or "self-dealing , " [(] as defined in Section

146-36 4941(d) [)] , which would give rise to any liability for the tax imposed by

146-37 Section 4941(a);

146-38 (b) Retaining any "excess business holdings , " [(] as defined in Section

146-39 4943(c) [)] , which would give rise to any liability for the tax imposed by

146-40 Section 4943(a);

147-1 (c) Making any investments which would jeopardize the carrying out of

147-2 any of the exempt purposes of the trust within the meaning of Section 4944,

147-3 so as to give rise to any liability for the tax imposed by Section 4944(a);

147-4 and

147-5 (d) Making any "taxable expenditures , " [(] as defined in Section

147-6 4945(d) [)] , which would give rise to any liability for the tax imposed by

147-7 Section 4945(a).

147-8 2. This section does not apply to those split interest trusts or amounts

147-9 of such split interest trusts which are not subject to the prohibitions

147-10 applicable to private foundations by reason of the provisions of Section

147-11 4947.

147-12 Sec. 508. NRS 163.540 is hereby amended to read as follows:

147-13 163.540 1. [Any district court of the State of Nevada] A court of this

147-14 state having jurisdiction over any trust to which NRS 163.420 to 163.550,

147-15 inclusive, apply may amend any trust instrument to conform to the

147-16 provisions of NRS 163.420 to 163.550, inclusive.

147-17 2. Any such amendment [shall] must be effected by the [trustee’s]

147-18 trustee filing a [verified petition with the district court and paying the same

147-19 fee therefor as is required by the clerk of that district for the filing of a civil

147-20 complaint. The] petition with the court. The clerk of the court shall set a

147-21 date for the hearing of the petition, and the trustee shall cause notice of the

147-22 hearing of the petition [shall] to be:

147-23 (a) Personally served on the [trustor or trustors of such] settlor or

147-24 settlors of the trust, if living, and on all named beneficiaries of [such] the

147-25 trust, if any, [at least 10 days before the time of the hearing, by handing a

147-26 copy of the notice to the trustor or trustors, to the beneficiaries’ guardian or

147-27 attorneys of record, or mailed by registered or certified mail, with return

147-28 receipt requested, to the trustor or trustors, and the beneficiaries or their

147-29 guardians or attorneys of record, at the last known address of the addressee;

147-30 and

147-31 (b) Posted at the courthouse at least 10 days prior to the time for

147-32 hearing, or published for at least once a week for 3 successive weeks in

147-33 such newspaper as the court or judge orders. There shall be] for the period

147-34 and in the manner provided in NRS 155.010;

147-35 (b) Published on three dates of publication before the hearing, and if

147-36 the newspaper is published more than once each week, there must be at

147-37 least 10 days [between the date of last publication and the time of hearing;]

147-38 from the first to last date of publication, including both the first and the

147-39 last days; and

147-40 (c) Delivered, together with a copy of the petition, to the attorney

147-41 general of the State of Nevada at the time of the filing of the petition.

147-42 3. At the hearing of [such verified] the petition, the court [or judge]

147-43 may authorize the trustee to amend, revise, delete or add provisions to the

148-1 trust [articles] instrument to conform to NRS 163.420 to 163.550,

148-2 inclusive, [in order] to avoid the penalties and liabilities described in

148-3 Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the [trustor

148-4 or trustors of such] settlor or settlors of the trust are living and competent

148-5 to act, [his or their] written consent of the settlor or settlors must first be

148-6 obtained.

148-7 Sec. 509. NRS 163.570 is hereby amended to read as follows:

148-8 163.570 A trustee may:

148-9 1. Join with a decedent’s surviving spouse [, the executor of the

148-10 decedent’s will, or the administrator] or the personal representative of the

148-11 decedent’s estate in the execution and filing of a joint income tax return for

148-12 any period before the decedent’s death for which the decedent had not filed

148-13 an income tax or gift tax return on gifts made by the spouse;

148-14 2. Consent to treat such gifts as having been made one-half by the

148-15 decedent for any period before his death; and

148-16 3. Pay such taxes thereon as are chargeable to the decedent.

148-17 Sec. 510. Chapter 164 of NRS is hereby amended by adding thereto

148-18 the provisions set forth as sections 511, 512 and 513 of this act.

148-19 Sec. 511. Except as otherwise provided in section 513 of this act, the

148-20 clerk shall set a petition authorized by this chapter for hearing, and the

148-21 petitioner shall give notice to all interested persons for the period and in

148-22 the manner provided in NRS 155.010. The notice must state the filing of

148-23 the petition, the object and the time of the hearing. For the purposes of

148-24 this section, "interested person" means a settlor, trustee, beneficiary or

148-25 any other person to whom the court directs that notice be given.

148-26 Sec. 512. 1. The court has exclusive jurisdiction of proceedings

148-27 initiated by the petition of an interested person concerning the internal

148-28 affairs of a nontestamentary trust. Proceedings which may be maintained

148-29 under this section are those concerning the administration and

148-30 distribution of trusts, the declaration of rights and the determination of

148-31 other matters involving trustees and beneficiaries of trusts, including

148-32 petitions with respect to a nontestamentary trust for any appropriate

148-33 relief provided with respect to a testamentary trust in section 428 of this

148-34 act.

148-35 2. A petition under this section may be filed in conjunction with a

148-36 petition under NRS 164.010 or at any time after the court has assumed

148-37 jurisdiction under that section.

148-38 3. Upon the hearing, the court shall enter such order as it deems

148-39 appropriate. The order is final and conclusive as to all matters

148-40 determined and is binding in rem upon the trust estate and upon the

148-41 interests of all beneficiaries, vested or contingent, except that appeal to

148-42 the supreme court may be taken from the order within 30 days after

149-1 notice of its entry by filing notice of appeal with the clerk of the district

149-2 court. The appellant shall mail a copy of the notice to each person who

149-3 has appeared of record.

149-4 4. A proceeding under this section does not result in continuing

149-5 supervisory proceedings. The administration of the trust must proceed

149-6 expeditiously in a manner consistent with the terms of the trust, without

149-7 judicial intervention or the order, approval or other action of any court,

149-8 unless the jurisdiction of the court is invoked by an interested person or

149-9 exercised as provided by other law.

149-10 Sec. 513. 1. The trustee or an interested person may petition the

149-11 court to enter an order:

149-12 (a) If the trustee is in possession of, or holds title to, property and the

149-13 property or an interest in it is claimed by another.

149-14 (b) If the trustee has a claim to property and another holds title to or

149-15 is in possession of the property.

149-16 (c) If property of the trust is subject to a claim of a creditor of the

149-17 settlor of the trust.

149-18 2. The court shall not grant a petition under this section if it

149-19 determines that the matter should be determined by civil action.

149-20 3. The petition must state facts showing that it is authorized under

149-21 this section, the grounds of the petition, and the name and address of

149-22 each person entitled to notice of the petition.

149-23 4. Upon the filing of the petition, the clerk shall set it for hearing and

149-24 the petitioner shall give notice of the hearing, at least 30 days before the

149-25 time set, to:

149-26 (a) All interested persons, including the attorney general if the petition

149-27 relates to a charitable trust, in the manner provided in NRS 155.010.

149-28 (b) Each person claiming an interest in, or having title to or

149-29 possession of the property, and any other person whose right, title or

149-30 interest in or to the property would be affected by the granting of the

149-31 petition, in the manner provided in NRS 155.040.

149-32 (c) Any other person, and in the manner, directed by the court.

149-33 5. Except as otherwise provided in subsection 2, if the court is

149-34 satisfied that a conveyance, transfer, delivery or other disposition should

149-35 be made, the court shall enter an order directing the trustee or other

149-36 person having title to or possession of the property to convey, transfer or

149-37 deliver it to the person entitled thereto or granting other appropriate

149-38 relief.

149-39 6. Any person aggrieved by an order entered pursuant to this section

149-40 may appeal to the supreme court within 30 days after the notice of the

149-41 entry of the order by filing a notice of appeal with the clerk of the district

149-42 court. The appellant shall mail a copy of the notice to each person who

149-43 has appeared of record.

150-1 Sec. 514. NRS 164.010 is hereby amended to read as follows:

150-2 164.010 1. Upon petition of any person appointed as trustee of an

150-3 express trust by any written instrument other than a will, or upon petition of

150-4 [any] a settlor or beneficiary of the trust, the district court of the county

150-5 [wherein] in which the trustee resides or [has his place of] conducts

150-6 business , or in which the trust has been domiciled, shall consider the

150-7 application to confirm the appointment of the trustee and specify the

150-8 manner in which [he shall] the trustee must qualify. Thereafter the [district

150-9 court shall have] court has jurisdiction of the trust as a proceeding in rem.

150-10 2. [Upon petition of any person appointed as trustee of an express trust

150-11 by any will, or upon petition of any beneficiary of the trust, the district

150-12 court in which the will was probated shall consider the application to

150-13 confirm the appointment of the trustee and specify the manner in which he

150-14 shall qualify. Thereafter the district court shall have jurisdiction of the trust

150-15 as a proceeding in rem.] If the court grants the petition, it may consider at

150-16 the same time any petition for instructions filed with the petition for

150-17 confirmation.

150-18 3. At any time, the trustee may petition the court for removal of the

150-19 trust from continuing jurisdiction of the court.

150-20 Sec. 515. NRS 164.025 is hereby amended to read as follows:

150-21 164.025 1. The trustee of a nontestamentary trust may after the death

150-22 of the settlor of the trust cause to be published a notice in the manner

150-23 specified in paragraph (b) of subsection 1 of NRS 155.020 [.

150-24 2. If notice is so published, it] and mail a copy of the notice to known

150-25 or readily ascertainable creditors.

150-26 2. The notice must be in substantially the following form:

150-27 Notice to Creditors

150-28 Notice is hereby given that the undersigned is the duly appointed and

150-29 qualified trustee of the ................ trust. ................, the settlor of that trust

150-30 died on ................. A creditor having a claim against the trust estate must

150-31 file his claim with the undersigned at the address given below within 90

150-32 days after the first publication of this notice.

150-33 Dated

150-34

150-35 Trustee

150-36

150-37 Address

150-38 3. A person having a claim, due or to become due, against a settlor

150-39 or the trust must file the claim with the trustee within 90 days after the

151-1 mailing, for those required to be mailed, or 90 days after publication of

151-2 the first notice to creditors. Any claim against the trust estate not filed

151-3 within [90 days after the first publication of notice] that time is forever

151-4 barred. After [90 days from the first publication of the notice,] the

151-5 expiration of the time, the trustee may distribute the assets of the trust to its

151-6 beneficiaries without personal liability to any creditor who has failed to file

151-7 a claim with the trustee.

151-8 4. If the trustee knows or has reason to believe that the settlor received

151-9 public assistance during his lifetime, the trustee shall, whether or not he

151-10 gives notice to other creditors, give notice within 30 days after the death to

151-11 the welfare division of the department of human resources [by certified

151-12 mail, return receipt requested, postage prepaid.] in the manner provided in

151-13 NRS 155.010. If notice to the welfare division is required by this

151-14 subsection but is not given, the trust estate and any assets transferred to a

151-15 beneficiary remain subject to the right of the welfare division to recover

151-16 public assistance received.

151-17 Sec. 516. NRS 164.040 is hereby amended to read as follows:

151-18 164.040 [Nothing in NRS 164.010 and 164.030 shall be deemed to

151-19 limit or abridge]

151-20 1. NRS 164.010 and section 513 of this act do not limit or abridge the

151-21 power or jurisdiction of the district court over trusts and trustees.

151-22 2. The court may enter any order or take any other action necessary

151-23 or proper to dispose of the matters presented by a petition, including the

151-24 appointment of a temporary trustee to administer the trust in whole or in

151-25 part.

151-26 Sec. 517. NRS 164.050 is hereby amended to read as follows:

151-27 164.050 1. In acquiring, investing, reinvesting, exchanging, retaining,

151-28 selling and managing property for the benefit of another, a fiduciary shall

151-29 exercise the judgment and care under the circumstances then prevailing,

151-30 which persons of prudence, discretion and intelligence exercise in the

151-31 management of their own affairs, not in regard to speculation, but in regard

151-32 to the permanent disposition of their money, considering the probable

151-33 income as well as the probable safety of their capital. Within the limitations

151-34 of the foregoing standard, and subject to any express provision or limitation

151-35 contained in any particular trust instrument , agreement, court order or

151-36 will, a fiduciary may acquire and retain every kind of property, real,

151-37 personal or mixed, and every kind of investment, including, without

151-38 limitation, bonds, debentures [,] and other corporate obligations, and

151-39 stocks, preferred or common, which persons of prudence, discretion and

151-40 intelligence acquire or retain for their own account.

151-41 2. The propriety of an investment decision is to be determined by what

151-42 the fiduciary knew or should have known at the time of the decision about

151-43 the inherent nature and expected performance of the investment, the

152-1 attributes of the portfolio, the general economy and the needs and

152-2 objectives of the beneficiaries of the account as they existed at the time of

152-3 the decision. Any determination of the liability of the fiduciary for the

152-4 performance of his investments must be made giving consideration not only

152-5 to the performance of a particular investment, but also to the performance

152-6 of the portfolio as a whole.

152-7 3. [Nothing contained in this section authorizes] This section does not

152-8 authorize any departure from, or variation of, the express terms or

152-9 limitations set forth in any will, agreement, court order or [other] trust

152-10 instrument creating or defining the duties and powers. The term "legal

152-11 investment" or "authorized investment," or words of similar import, as used

152-12 in any such instrument, must be construed to mean any investment which is

152-13 permitted by the terms of subsection 1.

152-14 4. The provisions of this section govern fiduciaries acting pursuant to

152-15 wills, agreements, court orders and [other] trust instruments.

152-16 Sec. 518. NRS 164.070 is hereby amended to read as follows:

152-17 164.070 NRS 164.070 to [164.120,] 164.100, inclusive, may be cited

152-18 as the Uniform Common Trust Fund Act.

152-19 Sec. 519. NRS 164.080 is hereby amended to read as follows:

152-20 164.080 1. Any bank or trust company qualified to act as fiduciary in

152-21 this state, or in any other state if affiliated with a bank or trust company

152-22 qualified to act as fiduciary in this state, may:

152-23 (a) Establish common trust funds to furnish investments to itself and its

152-24 affiliated bank or trust company as fiduciary or to itself, its affiliated bank

152-25 or trust company and others, as cofiduciaries; and

152-26 (b) As fiduciary or cofiduciary, invest money which it lawfully holds for

152-27 investment in interests in those common trust funds, if the investment is not

152-28 prohibited by the instrument, judgment, decree or order creating the

152-29 fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust

152-30 company procures the consent of its cofiduciaries to the investment.

152-31 2. Any bank or trust company, qualified to act as fiduciary in the state

152-32 in which it was chartered, which is not a member of the Federal Reserve

152-33 System shall, in the operation of the common trust fund, comply with the

152-34 regulations adopted by the supervisor of banking in the state in which it

152-35 was chartered and with the regulations adopted by the commissioner of

152-36 financial institutions in this state.

152-37 3. The commissioner of [the division of] financial institutions of the

152-38 department of business and industry may adopt regulations to carry out the

152-39 provisions of NRS 164.070 to [164.120,] 164.100, inclusive.

152-40 4. As used in this section, "affiliated" means two or more banks or trust

152-41 companies:

152-42 (a) In which at least 25 percent of their voting shares, excluding shares

152-43 owned by the United States or by any company wholly owned by the

153-1 United States, are directly or indirectly owned or controlled by a holding

153-2 company; or

153-3 (b) In which the election of a majority of the directors is controlled in

153-4 any manner by a holding company.

153-5 Sec. 520. NRS 164.090 is hereby amended to read as follows:

153-6 164.090 Unless ordered by a court of competent jurisdiction , the bank

153-7 or trust company operating [such] common trust funds is not required to

153-8 render a court accounting with regard to [such funds;] those funds, but it

153-9 may, by [application to the district] petition to the court, secure approval of

153-10 such an accounting on such conditions as the court may establish.

153-11 Sec. 521. NRS 164.100 is hereby amended to read as follows:

153-12 164.100 NRS 164.070 to [164.120,] 164.100, inclusive, [shall] must

153-13 be so interpreted and construed as to effectuate their general purpose to

153-14 make uniform the law of those states which enact them.

153-15 Sec. 522. NRS 164.130 is hereby amended to read as follows:

153-16 164.130 Upon [motion] petition by any person appointed by the court

153-17 or otherwise as trustee, with the concurrence of the beneficiary or

153-18 beneficiaries, a [district] court having jurisdiction of a trust may transfer

153-19 supervision of the trust to any judicial district within the state, or to any

153-20 court outside Nevada which accepts jurisdiction over the trust, when the

153-21 convenience of beneficiaries, trustees, attorneys or other interested persons

153-22 makes a transfer desirable.

153-23 Sec. 523. NRS 164.520 is hereby amended to read as follows:

153-24 164.520 "Donative instrument" means a will, trust, deed, grant,

153-25 conveyance, agreement, memorandum, writing or other governing

153-26 document, including the terms of any institutional solicitations from which

153-27 an institutional fund resulted, under which property is transferred to or held

153-28 by an institution as an institutional fund.

153-29 Sec. 524. NRS 165.020 is hereby amended to read as follows:

153-30 165.020 1. As used in this chapter:

153-31 (a) "Affiliate" means any person directly or indirectly controlling or

153-32 controlled by another person, or any person under direct or indirect

153-33 common control by another person. It includes any person with whom a

153-34 trustee has an express or implied agreement regarding the purchase of trust

153-35 investments by each from the other, directly or indirectly.

153-36 (b) "Beneficiary" includes a beneficiary under the trust, a person who is

153-37 entitled to the trust capital at the termination of the trust and a surety on the

153-38 bond of the trustee.

153-39 (c) "Nontestamentary trustee" means a trustee serving under a trust

153-40 created in this state otherwise than by a will, or such a trust administered

153-41 in this state, whether the trustee was appointed by the settlor or by a court

153-42 or other authority.

154-1 (d) "Relative" means a spouse, ancestor, descendant, brother [,] or

154-2 sister.

154-3 (e) "Settlor" includes the creator of a testamentary as well as a

154-4 nontestamentary trust.

154-5 (f) "Testamentary trustee" means a trustee serving under a trust created

154-6 by a will of a testator domiciled in this state at the time of [his] the

154-7 testator’s death, whose will has been admitted to probate in this state,

154-8 whether the trustee was appointed by the testator or by a court or other

154-9 authority.

154-10 (g) "Trustee" includes trustees, a corporate as well as a natural person, a

154-11 successor or substitute trustee, and the successor in interest of a deceased

154-12 sole trustee.

154-13 2. This chapter [shall] does not apply to resulting trusts, constructive

154-14 trusts, business trusts where certificates of beneficial interest are issued to

154-15 the beneficiaries, investment trusts, voting trusts, insurance trusts prior to

154-16 the death of the insured, trusts in the nature of mortgages or pledges, trusts

154-17 created by judgment or decree of a federal court or a state court other than

154-18 the district court acting in probate matters, liquidation trusts, or trust for the

154-19 sole purpose of paying dividends, interest or interest coupons, salaries,

154-20 wages or pensions.

154-21 Sec. 525. NRS 165.030 is hereby amended to read as follows:

154-22 165.030 Within 75 days after [it is the duty of the first qualifying] a

154-23 testamentary trustee [to take] receives possession of [the] trust property

154-24 [he] , the trustee shall file with the [district] court where the will was

154-25 admitted to probate an inventory under oath, showing by items all the trust

154-26 property which [shall have] has come to [his] the possession or knowledge

154-27 [.] of the trustee.

154-28 Sec. 526. NRS 165.040 is hereby amended to read as follows:

154-29 165.040 1. Except as otherwise provided in subsection 3, within [75

154-30 days after the expiration of the first year after the first qualifying

154-31 testamentary trustee was under] 60 days after the end of the calendar year

154-32 in which the testamentary trustee had a duty to file [his] an inventory, as

154-33 prescribed in NRS 165.030, [or, at his election, within 75 days after the

154-34 expiration of the testamentary trustee’s first fiscal year,] the testamentary

154-35 trustee [then in office] shall file with the [district] court of the county where

154-36 the will was admitted to probate an intermediate account under oath

154-37 covering the year and showing:

154-38 (a) The period which the account covers;

154-39 (b) The names and addresses of the living beneficiaries known to the

154-40 trustee, with a statement as to those known to be minors or [under legally

154-41 declared disability,] incapacitated persons, a description of any possible

154-42 unborn or unascertained beneficiaries, and the name of the surety or

154-43 sureties on the trustee’s bond with the amount of the bond;

155-1 (c) In a separate schedule, additions to trust principal during the

155-2 accounting period with the dates and sources of acquisition, investments

155-3 collected, sold or charged off during the accounting period, investments

155-4 made during the accounting period, with the date, source and cost of each,

155-5 deductions from principal during the accounting period, with the date and

155-6 purpose of each, and the trust principal, invested or uninvested, on hand at

155-7 the end of the accounting period, reflecting the approximate market value

155-8 thereof;

155-9 (d) In a separate schedule , the trust income on hand at the beginning of

155-10 the accounting period, and in what form held, trust income received during

155-11 the accounting period, when, and from what source, trust income paid out

155-12 during the accounting period, when, to whom, and for what purpose, trust

155-13 income on hand at the end of the accounting period, and how invested;

155-14 (e) That , without prior court authority, neither any seller to, nor buyer

155-15 from, the trustee of trust property during the accounting period was at the

155-16 time of the sale or purchase:

155-17 (1) In the case of a corporate trustee, an affiliate or any officer,

155-18 employee, or nominee of the trust or of an affiliate; or

155-19 (2) In the case of a noncorporate trustee, a relative, partner, employer,

155-20 employee or business associate,

155-21 but none of the provisions of this paragraph apply to purchases and sales

155-22 made by brokers for the trustee or to stock exchanges;

155-23 (f) A statement of unpaid claims with the reason for failure to pay them,

155-24 including a statement as to whether any estate or inheritance taxes have

155-25 become due with regard to the trust property, and if due, whether paid;

155-26 (g) A brief summary of the account; and

155-27 (h) Such other facts as the court may by rule or court order require.

155-28 2. Except as otherwise provided in subsection 3, within [30] 60 days

155-29 after the end of each [yearly period] calendar year thereafter during the life

155-30 of the trust, the testamentary trustee then in office shall file with the same

155-31 court an intermediate account under oath showing corresponding facts

155-32 regarding the current accounting period.

155-33 3. A corporate trustee is not required to file the intermediate accounts

155-34 specified in subsections 1 and 2. A corporate trustee [must] shall include

155-35 the information specified in subsection 1 in the final account for the entire

155-36 time for which the trustee administered the trust.

155-37 Sec. 527. NRS 165.050 is hereby amended to read as follows:

155-38 165.050 Within [30] 60 days after the termination of [every] a

155-39 testamentary trust , the trustee, and in the case of the transfer of the

155-40 trusteeship [due to] because of the death, resignation, removal, dissolution,

155-41 merger [,] or consolidation of a sole trustee, the successor in interest of the

155-42 old trustee, shall file with the [district] court of the county where the will

155-43 was admitted to probate a final account under oath, showing for the period

156-1 since the filing of the last account the facts required by NRS 165.040

156-2 regarding intermediate accountings, and in case of termination of the trust,

156-3 the distribution of the trust property which the accountant proposes to

156-4 make.

156-5 Sec. 528. NRS 165.060 is hereby amended to read as follows:

156-6 165.060 Within 30 days after the distribution of the trust property by

156-7 the testamentary trustee [he] , the trustee shall file in the court where the

156-8 final account was filed a [distribution] distributive account of the trust

156-9 property which [he] the trustee has distributed and the receipts of the

156-10 distributees. The court shall, as soon as practicable, act upon the account

156-11 and discharge the trustee if the distributive account is approved.

156-12 Sec. 529. NRS 165.070 is hereby amended to read as follows:

156-13 165.070 1. Every testamentary trustee who files an intermediate

156-14 account in court shall , within 10 days after [such] the filing , deliver to

156-15 each known beneficiary a notice of [such] the filing, and if there is to be no

156-16 court hearing on the account , a summary of the account with an offer to

156-17 deliver the full account on demand, or if there is to be a court hearing on

156-18 the account , a copy of the account. [Such] The delivery may be:

156-19 [1.] (a) By handing the notice [or copy] and summary or full account

156-20 to the beneficiary personally, or to [his guardian,] the beneficiary’s

156-21 guardian or attorney of record; or

156-22 [2.] (b) By sending [it] them by registered [or certified mail with return

156-23 receipt requested to such beneficiary, or his] , certified or first-class mail

156-24 to the beneficiary, guardian or attorney of record, at the last known address

156-25 of the addressee.

156-26 2. Any beneficiary or the trustees may petition the court for a hearing

156-27 on any intermediate account, and the holding of such a hearing [shall be] is

156-28 in the discretion of the court. In the case of the third intermediate

156-29 accounting, and every 3 years thereafter, the trustee shall [apply to] petition

156-30 the court for a hearing on and approval of all unapproved accounts, and

156-31 shall give each known beneficiary written notice of [such application at

156-32 least 5 days before the return day thereof,] the petition at least 10 days

156-33 before the day of the hearing, in the manner prescribed for the delivery of

156-34 the copy of the account. The [return day of the application for a] date of the

156-35 hearing on a petition to approve an intermediate accounting [shall] must be

156-36 at least [5] 10 days after the latest account was filed. The notice by the

156-37 trustee of the [application] petition for a hearing on and approval of the

156-38 account [shall] must inform the beneficiaries of the amount of

156-39 [commissions or other compensation] fees to be requested by the trustee on

156-40 [such] the hearing, and the amount of other fees which the court will then

156-41 be requested to allow.

157-1 Sec. 530. NRS 165.080 is hereby amended to read as follows:

157-2 165.080 At least 10 days before the [return day] hearing of a petition

157-3 to approve a final accounting, the testamentary trustee shall deliver to each

157-4 beneficiary a copy of the account and a notice of the time and place at

157-5 which the account will be presented for approval, which [date shall] may

157-6 not be earlier than 10 days after the account was filed. [Such] The delivery

157-7 may be accomplished in the same manner as with regard to the service of

157-8 papers on the intermediate accounting. The notice [shall] must inform the

157-9 beneficiaries of the amount of [commissions or other compensation] fees to

157-10 be requested by the trustee [on the application] in the petition for approval

157-11 of the account, and the amount of other fees which the court will then be

157-12 requested to allow.

157-13 Sec. 531. NRS 165.090 is hereby amended to read as follows:

157-14 165.090 1. Except as provided in subsection 2, when an intermediate

157-15 or final account is presented for consideration in court , the testamentary

157-16 trustee [shall produce in court vouchers for all expenditures of $20 or more,

157-17 made by the trustee during the accounting period. Where the account is

157-18 accompanied by a report of a certified or registered public accountant, or a

157-19 certified or registered public accountant upon hearing of any account

157-20 testifies that all expenditures of $20 or more made by the trustee during the

157-21 accounting period are supported by vouchers, then it shall not be necessary

157-22 to produce the vouchers in court. When vouchers are produced upon a

157-23 hearing the same shall be returned to the trustee after the account is

157-24 approved.

157-25 2. A corporate trustee] is not required to file vouchers with the court to

157-26 substantiate payments made [on behalf of any beneficiary,] in the

157-27 administration of the trust, but shall retain possession of the vouchers and

157-28 permit examination thereof by [any beneficiary or] the court [.] or any

157-29 person interested in the estate.

157-30 2. The court on its own motion, or upon application ex parte for

157-31 good cause by any interested person, may order production for

157-32 examination of vouchers, canceled checks or other documents that

157-33 support an account.

157-34 3. If any vouchers are lost, or for other good reason cannot be

157-35 produced on settlement of an account, the payment may be proved by the

157-36 oath of one competent witness. If it is proved that vouchers for a

157-37 disbursement have been lost or destroyed, that it is impossible to obtain

157-38 duplicates, and that the expenses were paid in good faith and were legal

157-39 charges against the testamentary trust, the trustee must be allowed those

157-40 expenses.

157-41 Sec. 532. NRS 165.100 is hereby amended to read as follows:

157-42 165.100 [Any] A beneficiary who is a minor [, of unsound mind,] or

157-43 otherwise legally [incompetent,] incapacitated, and also possible unborn or

158-1 unascertained beneficiaries , may be represented in a testamentary trust

158-2 accounting by [the court,] a court-appointed attorney or by competent

158-3 living members of the class to which they do or would belong, or by a

158-4 guardian ad litem, as the court deems [best.] proper. If the residence of any

158-5 beneficiary is unknown, or there is doubt as to the existence of one or more

158-6 persons as beneficiaries, the court shall make such provision for service of

158-7 notice and representation on the accounting as it believes proper.

158-8 Sec. 533. NRS 165.110 is hereby amended to read as follows:

158-9 165.110 On or before the [return day of an application for a hearing on

158-10 and] date of the hearing of a petition for approval of an intermediate or

158-11 final account , the testamentary trustee shall file an affidavit or certificate

158-12 proving the timely delivery to the known beneficiaries of the documents

158-13 required by this chapter or by court order. The procedure as to filing of

158-14 objections, examination of the trustee and other witnesses, inspection of the

158-15 trust property, adjournments, reference to a master or other representative

158-16 of the court, amendment of the account [,] and similar matters, [shall be] is

158-17 in the discretion of the court. [The court shall, as soon as practicable, act

158-18 upon the account, and discharge the trustee if the account is an approved

158-19 distribution account.]

158-20 Sec. 534. NRS 165.120 is hereby amended to read as follows:

158-21 165.120 The approval by the court of a testamentary trustee’s account

158-22 after due notice and service of papers or representation as provided in this

158-23 chapter , [shall,] subject to the right of appeal, [relieve] relieves the trustee

158-24 and his sureties from liability to all beneficiaries then known or in being, or

158-25 who thereafter become known or in being, for all the trustee’s acts and

158-26 omissions which are fully and accurately described in the account,

158-27 including the then investment of the trust funds. The court may disapprove

158-28 the account and surcharge the trustee for any loss caused by a breach of

158-29 trust committed by him. The account may be reopened by the court on

158-30 [motion] petition of the trustee or a beneficiary, for amendment or revision,

158-31 if it later appears that the account is incorrect, either because of fraud or

158-32 mistake. Court approvals or disapprovals of intermediate or final accounts

158-33 shall be deemed final judgments insofar as the right of appeal is concerned.

158-34 No account [shall] may be reopened because of a mistake more than 1 year

158-35 after its approval. No beneficiary may move for the reopening of any

158-36 account because of fraud more than 90 days after he discovers the existence

158-37 of the fraud.

158-38 Sec. 535. NRS 165.135 is hereby amended to read as follows:

158-39 165.135 The trustee of [each] a nontestamentary trust shall, not less

158-40 often than annually, furnish to each beneficiary who is currently entitled to

158-41 receive income pursuant to the terms of the trust , to each residuary

159-1 beneficiary who is then living, to each specific beneficiary then living

159-2 who has not received complete distribution, and to any surety on the bond

159-3 of the trustee of the trust an account showing:

159-4 1. The period which the account covers;

159-5 2. In a separate schedule:

159-6 (a) Additions to trust principal during the accounting period with the

159-7 dates and sources of acquisition;

159-8 (b) Investments collected, sold or charged off during the accounting

159-9 period;

159-10 (c) Investments made during the accounting period, with the date, source

159-11 and cost of each;

159-12 (d) Deductions from principal during the accounting period, with the

159-13 date and purpose of each; and

159-14 (e) The trust principal, invested or uninvested, on hand at the end of the

159-15 accounting period, reflecting the approximate market value thereof;

159-16 3. In a separate schedule:

159-17 (a) Trust income on hand at the beginning of the accounting period, and

159-18 in what form held;

159-19 (b) Trust income received during the accounting period, when [,] and

159-20 from what source;

159-21 (c) Trust income paid out during the accounting period, when, to whom

159-22 [,] and for what purpose; and

159-23 (d) Trust income on hand at the end of the accounting period [,] and

159-24 how invested;

159-25 4. A statement of any unpaid claims with the reason for failure to pay

159-26 them; and

159-27 5. A brief summary of the account.

159-28 Sec. 536. NRS 165.150 is hereby amended to read as follows:

159-29 165.150 The clerks of the district courts shall severally keep records of

159-30 all trust inventories and accounts filed with their respective courts . [, and

159-31 shall, within 30 days after the filing should have occurred, notify the

159-32 respective judges of their courts of all failures by trustees to file accounts in

159-33 accordance with this chapter. Such] Those courts shall, upon learning that a

159-34 trustee subject to their respective jurisdictions has failed to perform any

159-35 duty placed upon him by this chapter, issue a citation or order to the trustee

159-36 requiring him to perform [such] that duty.

159-37 Sec. 537. NRS 165.180 is hereby amended to read as follows:

159-38 165.180 [Nothing herein contained shall be construed to] This chapter

159-39 does not abridge the power of any court of competent jurisdiction to

159-40 require testamentary or nontestamentary trustees to file an inventory, to

159-41 account, to exhibit the trust property, or to give beneficiaries information or

159-42 the privilege of inspection of trust records and papers, at times other than

159-43 those [herein prescribed; and nothing herein contained shall be construed

160-1 to] prescribed in this chapter, or abridge the power of [such] the court for

160-2 cause shown to excuse a trustee from performing any or all of the duties

160-3 imposed on him by this chapter. [Nothing herein contained shall prevent]

160-4 This chapter does not preclude the trustee from accounting voluntarily

160-5 [when it is reasonably necessary, even though] even if he is not required to

160-6 do so by this chapter or by court order.

160-7 Sec. 538. NRS 165.190 is hereby amended to read as follows:

160-8 165.190 [Any] A beneficiary may [apply to the district] petition the

160-9 court having jurisdiction over the accountings, as prescribed in this chapter,

160-10 for an order requiring the trustee to perform the duties imposed upon him

160-11 by this chapter.

160-12 Sec. 539. NRS 132.020, 133.010, 134.140, 134.200, 135.070,

160-13 136.080, 136.270, 141.150, 142.120, 148.010, 148.020, 148.030, 148.040,

160-14 149.110, 149.120, 149.130, 149.140, 149.150, 150.090, 150.390, 151.100,

160-15 151.200, 153.030, 153.040, 153.045, 153.110, 154.050, 163.210, 163.240,

160-16 164.110, 164.120 and 165.250 are hereby repealed.

160-17 Sec. 540. Sections 275 and 279 of this act become effective at 12:01

160-18 a.m. on October 1, 1999.

 

160-19 LEADLINES OF REPEALED SECTIONS

 

160-20 132.020 Determination of estates commenced before July 1, 1941;

160-21 repeal of certain statutes.

160-22 133.010 "Will" includes "codicil."

160-23 134.140 "Right of representation" defined.

160-24 134.200 Vesting of wife’s estate when husband dies intestate.

160-25 135.070 Chapter not retroactive.

160-26 136.080 Nuncupative will: Period of limitation.

160-27 136.270 Notice of hearing of petition for probate of foreign will.

160-28 141.150 Appointment of successor executor or administrator:

160-29 Death and residence of deceased need not be proved again.

160-30 142.120 District judge may cite executor or administrator to show

160-31 cause for further security.

160-32 148.010 Order of resort to assets for payment of debts or expenses.

160-33 148.020 Order of resort for payment of legacies.

160-34 148.030 Order of abatement of legacies.

160-35 148.040 Contribution between devisees and legatees.

160-36 149.110 Authorization of conveyance.

160-37 149.120 Petition and notice.

160-38 149.130 Hearing and order.

160-39 149.140 Effect of decree; execution of conveyance

160-40 .

161-1 149.150 Authorization to exchange: Petition; notice.

161-2 150.090 First account: Filing and contents.

161-3 150.390 Applicability of provisions.

161-4 151.100 Accounting upon final distribution.

161-5 151.200 Annual account: Contents.

161-6 153.030 Application for accounting: Procedure.

161-7 153.040 Petition for instructions as to administration of trust;

161-8 notice of hearing.

161-9 153.045 Trustee or executor authorized to distribute property and

161-10 money in divided or undivided interests and on pro rata or nonpro

161-11 rata basis; agreement by beneficiary or authorization by trust or will

161-12 required for distribution on nonpro rata basis.

161-13 153.110 Vacancy in trusteeship: Appointment of temporary

161-14 trustee.

161-15 154.050 Deposit of residue less than $2,000 with county treasurer.

161-16 163.210 Applicability.

161-17 163.240 Applicability.

161-18 164.110 Severability.

161-19 164.120 Applicability.

161-20 165.250 Applicability.

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