Assembly Bill No. 400–Assemblymen Lee, Anderson,
Bache and Goldwater
March 4, 1999
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions concerning wills, intestate succession, trusts and estates of decedents. (BDR 12-1138)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 132 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 71, inclusive, of this act.1-3
Sec. 2. As used in this Title, unless the context otherwise requires,1-4
the words and terms defined in sections 3 to 71, inclusive, of this act have1-5
the meanings ascribed to them in those sections.1-6
Sec. 3. "Abatement" means a proportional reduction of a pecuniary1-7
devise when the money or other assets out of which the devise is payable1-8
are not sufficient to pay the devise in full.1-9
Sec. 4. "Acknowledgment" means a declaration that an instrument1-10
has been executed for the purposes stated therein and, if the instrument1-11
was executed in a representative capacity, that the instrument was signed1-12
with proper authority and executed as the act of the person represented1-13
and identified therein.1-14
Sec. 5. "Administrator" means a person not designated in a will who1-15
is appointed by the court to administer an estate.1-16
Sec. 6. "Agent" means a person authorized to represent or act for1-17
another person, including an attorney in fact under a durable or2-1
nondurable power of attorney and a person authorized to make decisions2-2
concerning the health care of another person.2-3
Sec. 7. "Beneficiary," as it relates to:2-4
1. A trust, includes a person who has a present or future interest,2-5
vested or contingent, and the owner of an interest by assignment or other2-6
transfer;2-7
2. A charitable trust, includes any person entitled to enforce the2-8
trust;2-9
3. An instrument designating a beneficiary, includes a beneficiary of2-10
an insurance policy or annuity, of an account designated as payable on2-11
death, of a security registered as transferable on death or of a pension,2-12
profit-sharing, retirement or similar benefit plan or other nonprobate2-13
transfer at death; and2-14
4. A beneficiary designated in a governing instrument, includes a2-15
grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under2-16
a designation, a donee, appointee or taker in default under a power of2-17
appointment, or a person in whose favor a power of attorney or a power2-18
held in any individual, fiduciary or representative capacity is2-20
but does not include a person who receives less than $100 under a will.2-21
Sec. 8. "Child" includes a person entitled to take as a child by2-22
intestate succession from the parent whose relationship is involved and2-23
excludes a person who is a stepchild, a foster child, a grandchild or any2-24
more remote descendant.2-25
Sec. 9. "Citation" means a document issued by the clerk of the2-26
court, as authorized by statute or ordered by the court, requiring a person2-27
to appear, directing a person to act or conduct himself in a specified way,2-28
or notifying a person of a hearing.2-29
Sec. 10. "Claim," in respect to the estate of a decedent, includes a2-30
liability of the decedent, whether arising in contract, in tort or otherwise,2-31
that arises before the death of the decedent.2-32
Sec. 11. "Codicil" means an addition to a will that may modify or2-33
revoke one or more provisions of the will, or add one or more provisions2-34
to the will, and is signed with the same formalities as a witnessed or2-35
holographic will.2-36
Sec. 12. "Community property" has the meaning ascribed to it in2-37
NRS 123.220.2-38
Sec. 13. "Community property with right of survivorship" means2-39
community property in which a right of survivorship exists pursuant to2-40
NRS 111.064 or 115.060 or any other provision of law.3-1
Sec. 14. "Descendant" includes descendants of all generations. For3-2
the purposes of this section, the relationship of parent and child at each3-3
generation is determined by the definitions of "child" and "parent"3-4
contained in this Title.3-5
Sec. 15. "Designation of beneficiary" means a governing instrument3-6
naming a beneficiary of an insurance policy or annuity, of an account3-7
designated as payable on death, of a security registered as transferable3-8
on death, or of a pension, profit-sharing, retirement or similar benefit3-9
plan or other nonprobate transfer at death.3-10
Sec. 16. "Devise," used as a noun, means a testamentary disposition3-11
of real or personal property and, used as a verb, means to dispose of real3-12
or personal property by will.3-13
Sec. 17. "Devisee" means a person designated in a will to receive a3-14
devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in3-15
the case of a devise to an existing trust or trustee, or to a trustee of a trust3-16
described by will, the term means the trust or trustee, and not a3-17
beneficiary of the trust.3-18
Sec. 18. "Disclaimant" means a person who executes a disclaimer.3-19
The term includes a beneficiary and his guardian, personal3-20
representative, general attorney in fact, and special attorney in fact with3-21
power to disclaim.3-22
Sec. 19. "Disclaimer" means a written instrument that declines,3-23
refuses, renounces or disclaims an interest to which a beneficiary would3-24
otherwise succeed.3-25
Sec. 20. "Distributee" means a person who has received property of3-26
a decedent from his personal representative other than as a creditor or3-27
purchaser. A testamentary trustee is a distributee only to the extent of3-28
distributed assets or increment thereto remaining in his hands. A3-29
beneficiary of a testamentary trust to whom the trustee has distributed3-30
property received from a personal representative is a distributee of the3-31
personal representative. As used in this section, "testamentary trustee"3-32
includes a trustee to whom assets are transferred by will to the extent of3-33
the devised assets.3-34
Sec. 21. "Estate" includes the property of the decedent or trust3-35
whose affairs are subject to this Title as it is originally constituted and as3-36
it exists from time to time during administration.3-37
Sec. 22. "Estate tax" means federal estate tax, including any interest3-38
and penalty thereon.3-39
Sec. 23. "Executor" means a person nominated in a will and3-40
appointed by the court to execute the provisions of the will and3-41
administer the estate of the decedent.4-1
Sec. 24. "Expenses of administration" means funeral expenses and4-2
expenses actually and properly incurred by a personal representative in4-3
the administration of an estate, plus the fees of the personal4-4
representative, any attorney retained by him and any other consultant4-5
engaged by him.4-6
Sec. 25. "Family allowance" means the money allocated from the4-7
estate by the court pursuant to NRS 146.030.4-8
Sec. 26. "Fiduciary" includes a personal representative, guardian4-9
and trustee.4-10
Sec. 27. "Gift" means a gratuitous transfer of property to a recipient4-11
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 as4-14
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 a4-18
power of attorney; or4-19
5. A dispositive, appointive or nominative instrument of any similar4-20
type.4-21
Sec. 29. "Guardian" means a person who has qualified as the4-22
guardian of a minor or incapacitated person pursuant to testamentary or4-23
judicial appointment, but does not include a guardian ad litem.4-24
Sec. 30. "Heirs" means persons, including the surviving spouse and4-25
the state, who are entitled by intestate succession to the property of a4-26
decedent.4-27
Sec. 31. "Holographic will" means a testamentary document that4-28
complies with the requirements of NRS 133.090.4-29
Sec. 32. "Incapacitated person" means a person who is impaired by4-30
reason of mental illness, mental deficiency, advanced age, disease,4-31
weakness of mind or any other cause except minority, to the extent of4-32
lacking sufficient understanding or capacity to make or communicate4-33
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; or4-38
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 or4-41
claim against a trust estate or the estate of a decedent. The term includes4-42
a person having priority for appointment as a personal representative5-1
and other fiduciaries representing interested persons. The meaning as it5-2
relates to particular persons must be determined according to the5-3
particular purposes of, and matter involved in, a proceeding.5-4
Sec. 35. "Intestate," used as a noun, means a decedent who dies5-5
without leaving a will.5-6
Sec. 36. "Intestate estate" includes an estate where no will has been5-7
offered or admitted to probate as the last will and testament and an estate5-8
where the will does not distribute the entire estate.5-9
Sec. 37. "Inventory" means the description of assets required by5-10
NRS 144.040.5-11
Sec. 38. "Issue" means children, grandchildren or more remote5-12
lineal descendants.5-13
Sec. 39. "Joint tenants with right of survivorship" include co-owners5-14
of property held under circumstances that entitle one or more to the5-15
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 of5-18
administration, letters of administration with will annexed and letters of5-19
special administration.5-20
Sec. 42. "Lien" means a charge upon property for the satisfaction of5-21
a debt, including an obligation not satisfied, a judgment, unpaid taxes5-22
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 or5-25
arrangement in which property is encumbered or used as security.5-26
Sec. 45. "Notice" means information provided pursuant to NRS5-27
155.010, 155.020 or any other statute requiring advance information of5-28
an opportunity, obligation or the occurrence of an event.5-29
Sec. 46. "Oath" means a form of attestation which affirms that the5-30
taker will faithfully perform the duties of a specified office.5-31
Sec. 47. "Order" includes a declaration, decree or judgment by a5-32
court and is a final judgment for all purposes, including an appeal under5-33
NRS 155.190.5-34
Sec. 48. "Parent" includes any person entitled to take, or who would5-35
be entitled to take if the child died without a will, as a parent by intestate5-36
succession from the child whose relationship is in question and excludes5-37
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, an5-41
administrator, a successor personal representative, a special5-42
administrator and persons who perform substantially the same function5-43
under the law governing their status.6-1
Sec. 51. "Petition" means a verified written request to the court for6-2
an order.6-3
Sec. 52. "Probate," used as a noun, means a legal proceeding in6-4
which the court has jurisdiction to administer, pay out and distribute the6-5
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 set6-8
apart by the court pursuant to NRS 146.020.6-9
Sec. 54. "Property" means anything that may be the subject of6-10
ownership, and includes both real and personal property and any interest6-11
therein.6-12
Sec. 55. "Right of representation" means the method of distributing6-13
property by which, through inheritance or succession, the descendants of6-14
a deceased heir take the same share or right in the estate of another6-15
person that their parent or other ancestor would have taken if living. A6-16
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 or6-19
participation in an oil, gas or mining title or lease or in payments out of6-20
production under such a title or lease, collateral trust certificate,6-21
transferable share, voting trust certificate or, in general, any interest or6-22
instrument commonly known as a security, or any certificate of interest6-23
or participation, any temporary or interim certificate, receipt or6-24
certificate of deposit for, or any warrant or right to subscribe to or6-25
purchase any of the foregoing.6-26
Sec. 57. "Separate property" has the meaning ascribed to it in NRS6-27
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, however6-31
described in the trust instrument.6-32
Sec. 60. "Special administrator" means a personal representative6-33
appointed pursuant to chapter 140 of NRS.6-34
Sec. 61. "State" means a state of the United States, the District of6-35
Columbia, Puerto Rico, the United States Virgin Islands, or any territory6-36
or insular possession subject to the jurisdiction of the United States.6-37
Sec. 62. "Successor personal representative" means a personal6-38
representative, other than a special administrator, who is appointed to6-39
succeed a previously appointed personal representative.7-1
Sec. 63. "Successors" means persons, other than creditors, who are7-2
entitled to property of a decedent under the terms of his will or pursuant7-3
to this Title.7-4
Sec. 64. "Tax" includes an income, property, excise, estate, gift or7-5
inheritance tax.7-6
Sec. 65. "Testate estate" means an estate with respect to which a will7-7
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 person7-10
for the benefit of another, established by an instrument executed during7-11
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 however7-13
created. The term also includes a trust created or determined by7-14
judgment or decree under which the trust is to be administered in the7-15
manner of an express trust.7-16
Sec. 68. "Trustee" includes an original, additional or successor7-17
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 false7-20
statement.7-21
Sec. 70. "Ward" means a person for whom a guardian has been7-22
appointed. A "minor ward" is one for whom a guardian has been7-23
appointed solely by reason of minority.7-24
Sec. 71. "Will" means a formal document that provides for the7-25
distribution of the property of a decedent upon his death. The term7-26
includes a codicil and a testamentary instrument that merely appoints an7-27
executor, revokes or revises another will, nominates a guardian, or7-28
expressly excludes or limits the right of an individual or class to succeed7-29
to property of the decedent passing by intestate succession.7-30
Sec. 72. NRS 132.010 is hereby amended to read as follows: 132.010 This Title7-32
7-33
is accomplished at the least expense7-34
Sec. 73. NRS 133.040 is hereby amended to read as follows: 133.040 No will executed in this state, except7-36
7-37
valid unless it7-38
7-39
express direction, and attested by at least two competent witnesses7-40
7-41
testator.8-1
Sec. 74. NRS 133.045 is hereby amended to read as follows: 133.045 1. Whether or not the provisions relating to holographic8-3
wills apply, a will may refer to a written statement or list to dispose of8-4
items of tangible personal property not otherwise specifically disposed of8-5
by the will, other than money, evidences of indebtedness, documents of8-6
title, securities and property used in a trade or business.8-7
2. To be admissible as evidence of the intended disposition, the8-8
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 and8-13
the8-14
(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’s8-17
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 the8-21
dispositions made by the will.8-22
Sec. 75. NRS 133.050 is hereby amended to read as follows: 133.050 1. Any or all of the attesting witnesses to any will may8-24
8-25
authorized to administer oaths in or out of the state, stating such facts as8-26
they would be required to testify to in court to prove the will. The affidavit8-27
must be written on the will8-28
attached thereto. The sworn statement of any witness so taken must be8-29
accepted by the court8-30
2. The affidavit described in subsection 1 may be substantially in form8-31
as follows:8-32
State of Nevada }8-33
}ss.8-34
County of }8-35
(Date)8-36
Then and there personally appeared8-37
................., who, being duly sworn, depose and say: That they witnessed8-38
the execution of the8-39
................; that the testator subscribed the will and declared8-40
be his last will and testament in their presence; that they thereafter9-1
subscribed the9-2
the presence of each other and at the request of the testator; and that the9-3
testator at the time of the execution of the will appeared to them to be of9-4
full age and of sound mind and memory .9-5
9-6
9-7
Affiant9-8
9-9
Affiant9-10
Subscribed and sworn to before me this .....9-11
day of........,9-12
9-13
Notary Public9-14
Sec. 76. NRS 133.055 is hereby amended to read as follows: 133.055 A signature affixed to a self-proving affidavit attached to a9-16
will and executed at the same time as the will is considered a signature9-17
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: 133.060 All9-20
9-21
are void unless there are two other competent subscribing witnesses to the9-22
9-23
Sec. 78. NRS 133.080 is hereby amended to read as follows: 133.080 1. If in writing and subscribed by the testator, a last will and9-25
testament executed9-26
prescribed by the law, either of the state where executed or of the testator’s9-27
domicile, shall be deemed to be legally executed, and9-28
same force and effect as if executed in the9-29
the law of this state.9-30
2. This section9-31
effectuate its general purpose to make uniform the law of those states which9-32
enact it.9-33
Sec. 79. NRS 133.090 is hereby amended to read as follows: 133.090 1. A holographic will is9-35
9-36
are written by the hand of the testator9-37
witnessed or notarized. It is subject to no other form, and may be made in9-38
or out of this state .9-39
2. Every person of sound mind9-40
10-1
the estate, real or personal,10-2
with the payment of the testator’s debts.10-3
3. Such wills10-4
10-5
executed.10-6
Sec. 80. NRS 133.100 is hereby amended to read as follows: 133.10010-8
10-9
10-10
10-11
10-12
10-13
10-14
10-15
10-16
valid.10-17
Sec. 81. NRS 133.105 is hereby amended to read as follows: 133.105 1. A security issued in registered form which contains the10-19
words "transferable on death to" a named person, or equivalent language or10-20
abbreviation, is effective to transfer the interest evidenced by the security to10-21
that person, upon the death of its owner, without compliance with the10-22
formal requirements of this chapter for the execution of wills.10-23
10-24
10-25
2. A security registered in beneficiary form pursuant to NRS 111.48010-26
to 111.650, inclusive, is effective to transfer the interest evidenced by the10-27
security to the beneficiary at the death of the owner or the deaths of all10-28
multiple owners, without compliance with the formal requirements of this10-29
chapter for the execution of wills.10-30
3. As used in this section, "security" and "registered form" have the10-31
meanings ascribed to them in NRS 104.8102.10-32
Sec. 82. NRS 133.115 is hereby amended to read as follows: 133.115 Divorce or annulment of the marriage of the testator revokes10-34
every10-35
designation to serve as personal representative given to the testator’s10-36
former spouse in a will executed before the entry of the decree of divorce10-37
or annulment unless otherwise:10-38
1. Provided in a property or separation agreement which is approved10-39
by the court in the divorce or annulment proceedings ;10-40
10-41
2. Ordered by the court in the divorce or annulment proceedings,10-42
and the will10-43
spouse had died before the testator.11-1
Sec. 83. NRS 133.120 is hereby amended to read as follows:11-2
133.120 1.11-3
11-4
(a) Burning, tearing, canceling or obliterating the11-5
intention of revoking it, by the testator, or by some person in11-6
11-7
11-8
(b) Another will or codicil in writing, executed as prescribed in this11-9
chapter.11-10
2.11-11
prevent the revocation implied by law from subsequent changes in the11-12
condition or circumstances of the testator.11-13
Sec. 84. NRS 133.130 is hereby amended to read as follows: 133.130 If, after the making of any will, the testator11-15
11-16
revocation of the second will11-17
appears by the terms of11-18
revive and give effect to the first will, or unless, after11-19
destruction, cancellation or revocation, the first will11-20
reexecuted.11-21
Sec. 85. NRS 133.140 is hereby amended to read as follows: 133.140 A bond, covenant or agreement made by a testator to convey11-23
any property devised11-24
11-25
11-26
11-27
for the specific performance or otherwise, against the11-28
11-29
the11-30
Sec. 86. NRS 133.150 is hereby amended to read as follows: 133.150 A charge or encumbrance upon any estate, for the purpose of11-32
securing the payment of money, or the performance of any covenant or11-33
agreement,11-34
to the same estate which was previously executed, but the11-35
11-36
charge or encumbrance.11-37
Sec. 87. NRS 133.155 is hereby amended to read as follows: 133.155 A specific devise passes subject to any mortgage or lien11-39
existing on the date of death, without right of exoneration, regardless of a11-40
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 When11-43
making of12-1
provision12-2
the child in the will, the child is entitled to the same share in the estate of12-3
the testator as if the testator had died intestate, unless it12-4
apparent from the will that it was the intention of the testator that no12-5
provision should be made for12-6
Sec. 89. NRS 133.170 is hereby amended to read as follows:12-7
133.170 When12-8
12-9
child of a testator or the issue of a deceased child of a testator is omitted12-10
from the testator’s will, it must be presumed that the omission was12-11
intentional. Should the court find that the omission was unintentional,12-12
12-13
entitled to the same share in the estate of the testator as if12-14
testator had died intestate.12-15
Sec. 90. NRS 133.180 is hereby amended to read as follows: 133.180 When any share of the estate of a testator12-17
assigned to a child born after the making of a will, or to a child or the issue12-18
of a child omitted in the will, as mentioned in NRS 133.160 and 133.170,12-19
the12-20
the will, if any. If that12-21
12-22
12-23
will, unless the obvious intention of the testator in relation to some specific12-24
devise12-25
defeated. In12-26
provision may be exempted from12-27
apportionment, consistent with the intention of the testator, may be12-28
adopted.12-29
Sec. 91. NRS 133.190 is hereby amended to read as follows: 133.190 If12-31
unprovided for,12-32
bestowed upon them in the testator’s lifetime, by way of an advancement,12-33
as provided in NRS 151.120, they12-34
12-35
Sec. 92. NRS 133.200 is hereby amended to read as follows: 133.200 When any estate12-37
any child or other relation of the testator, and the devisee12-38
12-39
descendants, in the absence of a provision in the will to the contrary,12-40
take the estate so given by the will in the same manner as the devisee12-41
13-1
Sec. 93. NRS 133.210 is hereby amended to read as follows: 133.210 Every devise of13-3
13-4
which13-5
13-6
a13-7
Sec. 94. NRS 133.220 is hereby amended to read as follows: 133.220 Any estate, right or interest in13-9
by the testator after the making of13-10
thereby in like manner as if it had been acquired13-11
of making the will, if13-12
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: 134.040 1. If the decedent leaves a surviving13-16
spouse and only one child, or the lawful issue of one child, the estate goes13-17
one-half to the surviving13-18
the child or the issue of13-19
2. If the decedent leaves a surviving13-20
more than one child living, or13-21
more deceased children, the estate goes one-third to the surviving13-22
13-23
children and the lawful issue of any deceased child by right of13-24
representation.13-25
13-26
13-27
13-28
13-29
13-30
Sec. 100. NRS 134.050 is hereby amended to read as follows: 134.050 1. If the decedent13-32
13-33
fourth to the13-34
the13-35
13-36
mother then living.13-37
2. If the decedent13-38
one-half of the separate property of the13-39
the surviving13-40
13-41
13-42
14-1
3. If the decedent14-2
issue or surviving spouse, the estate14-3
14-4
mother of the decedent, if both are living .14-5
not living, the whole estate14-6
then living.14-7
4. If the decedent14-8
14-9
14-10
spouse.14-11
Sec. 101. NRS 134.060 is hereby amended to read as follows: 134.060 If there14-13
spouse, or father14-14
brothers and sisters of the14-15
deceased brother or sister by right of representation.14-16
Sec. 102. NRS 134.070 is hereby amended to read as follows: 134.070 If the14-18
14-19
or sister living at14-20
the next of kin in equal degree,14-21
are two or more collateral kindred in equal degree, but claiming through14-22
different ancestors, those who claim through the nearest ancestors14-23
are preferred to those who claim through ancestors more remote .14-24
If any person14-25
child and issue of one or more children, and any such surviving child14-26
14-27
came to the deceased child by inheritance from the deceased parent14-28
14-29
and to the issue of any other children who may have died, by right of14-30
representation.14-31
Sec. 103. NRS 134.080 is hereby amended to read as follows:14-32
134.08014-33
age and has not14-34
being also dead,14-35
issue, the estate that came to14-36
14-37
children of the same parent, and if all the issue are in the same degree of14-38
kindred to the child they14-39
otherwise, they14-40
representation.14-41
Sec. 104. NRS 134.090 is hereby amended to read as follows: 134.090 If the decedent leaves no surviving14-43
but there15-1
only one child, all15-2
more than one child, the estate15-3
the15-4
Sec. 105. NRS 134.100 is hereby amended to read as follows: 134.100 If the decedent leaves no surviving15-6
but there15-7
children, the estate15-8
child or children and lawful issue of15-9
representation as follows: To15-10
15-11
representation, the same15-12
would have received15-13
the15-14
15-15
15-16
decedent.15-17
Sec. 106. NRS 134.110 is hereby amended to read as follows: 134.110 If the decedent leaves no surviving15-19
or child or children, but there15-20
all15-21
lawful issue of15-22
this rule15-23
the lawful issue ad infinitum.15-24
Sec. 107. NRS 134.120 is hereby amended to read as follows: 134.120 If the15-26
leaves no surviving spouse, or kindred, the estate15-27
to the state for educational purposes.15-28
Sec. 108. NRS 134.160 is hereby amended to read as follows: 134.160 Kindred of the half blood15-30
the whole blood in the same degree, unless the inheritance comes to the15-31
15-32
15-33
of the blood of15-34
inheritance.15-35
Sec. 109. NRS 134.210 is hereby amended to read as follows:15-36
134.210 Whenever15-37
if the15-38
the first spouse, without heirs, leaving property,15-39
second spouse to die vests in the heirs of the15-40
subject to expenses of administration and payment of legal debts against the15-41
estate.16-1
Sec. 110. NRS 135.020 is hereby amended to read as follows: 135.020 Where the title to property or the devolution thereof depends16-3
upon priority of death and there is16-4
the persons16-5
person16-6
except as provided otherwise in this chapter.16-7
Sec. 111. NRS 135.030 is hereby amended to read as follows: 135.030 Where two or more beneficiaries are designated to take16-9
successively by reason of survivorship under another person’s disposition16-10
of property and there is16-11
beneficiaries16-12
disposed of16-13
successive beneficiaries and these portions16-14
respectively to those who would have taken in the event that each16-15
designated beneficiary had survived.16-16
Sec. 112. NRS 135.040 is hereby amended to read as follows: 135.040 Where there is16-18
joint tenants or16-19
community property with right of survivorship died otherwise than16-20
simultaneously , the property so held16-21
if one had survived and one-half as if the other had survived. If there are16-22
more than two joint tenants and all of them have so died, the property thus16-23
distributed16-24
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 or16-27
accident insurance have died and there is16-28
evidence that they16-29
of the policy16-30
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 a16-33
premarital agreement between16-34
enforceable pursuant to chapter 123A of NRS, where16-35
both spouses have died, leaving community property, and there is16-36
16-37
simultaneously, one-half of all the community property must be distributed16-38
as if16-39
must be distributed as if the16-40
Sec. 115. NRS 135.080 is hereby amended to read as follows: 135.080 This chapter16-42
trusts, deeds, or contracts17-1
been made for distribution of property different from the provisions of this17-2
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 letters17-5
17-6
decedent was a resident at the time of death, whether death occurred in that17-7
county or elsewhere, and the district court of that county17-8
exclusive jurisdiction of the settlement of such estates, whether the estate is17-9
in one or more counties.17-10
2. The estate of a nonresident decedent may be settled by the district17-11
court of any county17-12
located. The district court to which application17-13
17-14
nonresidents.17-15
Sec. 117. NRS 136.020 is hereby amended to read as follows: 136.02017-17
grant letters17-18
17-19
1. Interested as next of kin to the deceased.17-20
2.17-21
3.17-22
trustee in the will.17-23
4.17-24
Sec. 118. NRS 136.030 is hereby amended to read as follows: 136.030 1.17-26
authorized to act,17-27
mentioned in NRS 136.020, or17-28
any manner17-29
the matter of the estate to another judge of the same county, if there17-30
one, who is not disqualified to act in the settlement of the estate, or17-31
17-32
hold the court17-33
2. The judge to whom the matter is transferred or17-34
district judge shall hold court and17-35
court and judge so disqualified, and17-36
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 as17-39
provided in NRS 136.030 is closed, another person becomes judge of the17-40
court17-41
who is not disqualified to act in the settlement of the estate, and the causes17-42
for which the proceeding was transferred no longer exist, any interested17-43
person18-1
judge who18-2
setting forth these facts and moving the court18-3
petition. If these facts are satisfactorily shown , the court must make an18-4
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: 136.050 1. Any person having18-7
shall, within 30 days after knowledge of the death of the person who18-8
executed the will, deliver it to the clerk of the district court which has18-9
jurisdiction of the case or to the18-10
the will .18-11
2. Any person named as18-12
representative in a will shall, within 30 days after the death of the testator ,18-13
18-14
named, present the will, if in possession of it, to the18-15
court.18-16
3. Every person who18-17
duties required in subsections 1 and 2 without reasonable cause18-18
is liable to every person interested in the will for the damages18-19
interested person may sustain by reason of18-20
Sec. 121. NRS 136.060 is hereby amended to read as follows: 136.060 1. If it is alleged in any petition that18-22
18-23
court18-24
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 refuses18-27
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 until18-29
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 1.18-33
representative or devisee named in a will, or any other interested person ,18-34
18-35
petition the court having jurisdiction to have the will proved, whether the18-36
18-37
person or not, or is lost or destroyed, or is beyond the jurisdiction of the18-38
state.18-39
2.18-40
18-41
the district court having jurisdiction,19-1
possession of the will be required to produce it19-2
admitted to probate19-3
issued.19-4
Sec. 123. NRS 136.090 is hereby amended to read as follows: 136.090 1. A petition for the probate of a will and issuance of letters19-6
must state:19-7
(a) The jurisdictional facts;19-8
(b) Whether the person named as19-9
consents to act or renounces19-10
(c) The names19-11
19-12
or devisee who is a minor, and the relationship of the heirs and next of kin19-13
to the decedent, so far as known to the petitioner;19-14
(d) The character and estimated value of the property of the estate;19-15
(e) The name of the person for whom letters19-16
are requested, and that the person has never been convicted of a felony;19-17
and19-18
(f) The name of any devisee who is deceased.19-19
2. No defect of form or in the statement of jurisdictional facts actually19-20
existing voids the probate of a will.19-21
Sec. 124. NRS 136.100 is hereby amended to read as follows: 136.100 1.19-23
the issuance of letters must be signed by the party petitioning, or the19-24
attorney for the petitioner, and filed with the clerk of the court, who shall19-25
set the petition for hearing.19-26
2.19-27
hearing for the period and in the manner provided in NRS 155.020 to the19-28
heirs of the testator and the devisees19-29
persons named as19-30
petitioning and to the administrator of the welfare division of the19-31
department of human resources .19-32
19-33
substantially in the form provided in that section.19-34
Sec. 125. NRS 136.120 is hereby amended to read as follows: 136.120 If a petition for probate is presented by any person other than19-36
the19-37
is presented by19-38
personal representatives named in the will,19-39
petition must be served upon19-40
joining in the petition .19-41
20-1
Sec. 126. NRS 136.150 is hereby amended to read as follows: 136.150 1. If no person20-3
of a will , the court may admit it to probate on the testimony of only one of20-4
the subscribing witnesses, if20-5
shows that the will was executed in all particulars as required by law, and20-6
that the testator20-7
of 18 years at the time of its execution.20-8
2.20-9
20-10
the witness, showing that the will was executed in all particulars as required20-11
by law, and that the testator20-12
attained the age of 18 years at the time of its execution,20-13
received in evidence and20-14
witness20-15
Sec. 127. NRS 136.160 is hereby amended to read as follows: 136.160 1. Any or all of the attesting witnesses to any will may, after20-17
the20-18
interested person ,20-19
20-20
stating such facts as20-21
to prove the will.20-22
20-23
witness so taken must be accepted by the court20-24
taken before the court.20-25
2. The affidavit described in subsection 1 may be substantially in form20-26
as set forth in NRS 133.050.20-27
Sec. 128. NRS 136.170 is hereby amended to read as follows: 136.170 1.20-29
proven as otherwise provided by law because one or more or all20-30
subscribing witnesses to the will, at the time the will is offered for probate,20-31
20-32
20-33
testifying or otherwise unavailable, the court may admit the will to probate20-34
upon the testimony in person ,20-35
two credible disinterested witnesses that the signature to the will is20-36
20-37
other sufficient proof20-38
2. The provisions of subsection 120-39
its discretion, from requiring in addition, the testimony in person ,20-40
deposition or by affidavit of any available subscribing witness, or proof of20-41
such other pertinent facts and circumstances as the court20-42
necessary to admit the will to probate.21-1
Sec. 129. NRS 136.180 is hereby amended to read as follows: 136.180 1. If the will of a person is detained beyond the jurisdiction21-3
of the state, in a court of any other state, country or jurisdiction, and cannot21-4
be produced for probate in this state, a copy of the will may be admitted to21-5
probate in this state in lieu thereof and21-6
as would be required if the original will were produced.21-7
2.21-8
21-9
21-10
21-11
21-12
21-13
subscribing witness may testify in person, by deposition or by affidavit21-14
with respect to a copy of the executed will, and with respect to21-15
handwriting of the affiant as a witness, or the handwriting of the testator21-16
or another witness, in the same way as he would if the original will were21-17
available.21-18
Sec. 130. NRS 136.190 is hereby amended to read as follows: 136.190 A holographic will may be proved21-20
21-21
Sec. 131. NRS 136.200 is hereby amended to read as follows: 136.200 1.21-23
there are minors21-24
it appears there are other interested persons21-25
who reside out of the county and are unrepresented, the court may, whether21-26
there is a contest or not, appoint an attorney for21-27
21-28
2.21-29
pursuant to subsection 1, retains counsel and notifies the court of21-30
retention, the court shall21-31
appointed attorney of further obligation to represent21-32
Sec. 132. NRS 136.220 is hereby amended to read as follows: 136.220 A copy of21-34
it to probate, certified by the clerk in whose custody it may be,21-35
be received in evidence and be as effectual in all cases as the original will21-36
would be if proved.21-37
Sec. 133. NRS 136.230 is hereby amended to read as follows: 136.23021-39
destroyed by fraud without the knowledge of the testator, the21-40
21-41
the will and21-42
persons ,21-43
wills in other cases.22-1
Sec. 134. NRS 136.240 is hereby amended to read as follows: 136.240 1. The petition for the probate of a lost or destroyed will22-3
must include a copy of the will, or if no copy is available state, or be22-4
accompanied by a written statement of, the testamentary words, or the22-5
substance thereof.22-6
22-7
22-8
22-9
22-10
22-11
22-12
22-13
2. If offered for probate, a lost or destroyed will must be proved in22-14
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 unless22-16
22-17
person whose will it is claimed to be, or22-18
fraudulently destroyed in the lifetime of22-19
provisions22-20
credible witnesses.22-21
4. The testimony of each witness must be reduced to writing, signed22-22
by the witness and filed, and is admissible in evidence in any contest of22-23
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 forth22-25
specifically in the order admitting it to probate, or a copy of the will must22-26
be attached to the order.22-27
Sec. 135. NRS 136.250 is hereby amended to read as follows: 136.250 If, before or during the pendency of an application to prove a22-29
lost or destroyed will, letters of administration22-30
upon the estate of the22-31
previous will of the22-32
may restrain the administration if necessary to protect the interests of22-33
22-34
Sec. 136. NRS 136.260 is hereby amended to read as follows: 136.260 1. A will duly proved, allowed and admitted to probate22-36
outside of this state may be admitted to probate and recorded in the proper22-37
court of any county in this state in which the testator22-38
estate.22-39
2. When a copy of the will and the order admitting it to probate ,22-40
22-41
22-42
other interested person, with a petition for probate, the22-43
copy must be filed , and the clerk shall set a time23-1
hearing thereon , and notice must be given as required by law on a petition23-2
for the original probate of a domestic will23-3
3. If, upon the hearing, it appears to the satisfaction of the court that23-4
the will has been duly proved and admitted to probate outside23-5
state, and that it was executed according to the law of the place in which23-6
23-7
or in conformity with the laws of this state, it must be admitted to probate23-8
23-9
probate of a domestic will.23-10
4.23-11
where probate is not required by the laws of that jurisdiction, with the23-12
certificate of the legal custodian of the original will that the23-13
copy is a true copy23-14
that jurisdiction,23-15
notary in a foreign jurisdiction entitled to the custody23-16
and required by the laws of23-17
23-18
certified by the notary, is presented by the23-19
representative, his nominee23-20
person to the proper court in this state, the23-21
set a time23-22
must be given as23-23
required by law on a petition for the original probate of a domestic will.23-24
5. If it23-25
should be admitted to probate in this state, as the last will and testament of23-26
the23-27
with the clerk, and the will23-28
proved and admitted to probate in the court23-29
Sec. 137. Chapter 137 of NRS is hereby amended by adding thereto a23-30
new section to read as follows:23-31
An appeal from a final order determining the contest of a will is23-32
governed by the Nevada Rules of Appellate Procedure. A party may make23-33
any motion after the determination that is provided by the Nevada Rules23-34
of Civil Procedure.23-35
Sec. 138. NRS 137.010 is hereby amended to read as follows: 137.010 1. The attorney general or any interested person ,23-37
23-38
contest the will by filing written grounds of opposition to the probate23-39
thereof at any time before the hearing of the petition for probate .23-40
23-41
a citation directed to the heirs of the decedent and to all interested persons23-42
,23-43
incapacitated persons, wherever residing, directing them to plead to the24-1
contest within 30 days after service of the citation24-2
24-3
24-4
24-5
2. A person so served may interpose any defense or objection to the24-6
contest by any motion authorized by the Nevada Rules of Civil Procedure24-7
in civil actions. If the motion is granted, the court may allow the contestant24-8
10 days within which to amend24-9
the petitioner and24-10
days after the receipt of written notice thereof, may jointly or separately24-11
answer the contest. The times24-12
may be extended by the court .24-13
Sec. 139. NRS 137.020 is hereby amended to read as follows: 137.020 1.24-15
and the petitioner is defendant. The written grounds of opposition24-16
constitute a pleading and24-17
pleadings as in the case of complaint in24-18
2.24-19
make a24-20
time of the execution of the will from duress, menace, fraud or undue24-21
influence, the due execution and attestation of the will, or any other24-22
question substantially affecting the validity of the will,24-23
by the court unless one of the parties demands a jury. The party demanding24-24
the jury shall advance the jury costs.24-25
3. Upon the determination of the contest, costs24-26
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
137.03024-29
declaration of a testator24-30
the execution of the will insofar as the24-31
testator’s intention ,24-32
competency, and the existence or nonexistence of duress and undue24-33
influence.24-34
Sec. 141. NRS 137.040 is hereby amended to read as follows: 137.040 If the will is contested, all the subscribing witnesses who are24-36
present in the county and who are of sound mind must be produced and24-37
examined ,24-38
must be satisfactorily shown to the court. If none of the subscribing24-39
witnesses resides in the county, and the evidence of none of them can be24-40
produced, the court may admit the evidence of other witnesses to prove the24-41
due execution of the will24-42
proof of the handwriting of the testator and of any of the subscribing24-43
witnesses.25-1
Sec. 142. NRS 137.060 is hereby amended to read as follows: 137.060 If the court25-3
heard by the court, or by the verdict of a jury25-4
the will was duly executed by25-5
of sound and disposing mind and not under duress, menace, undue25-6
influence or fraudulent representation, the court, by25-7
writing, shall admit the will to probate .25-8
25-9
25-10
Sec. 143. NRS 137.070 is hereby amended to read as follows: 137.070 The testimony of each subscribing witness who has testified25-12
must be reduced to writing, signed25-13
deposition and filed25-14
evidence in any subsequent contest of the will if the witness has died or has25-15
permanently25-16
Sec. 144. NRS 137.080 is hereby amended to read as follows: 137.08025-18
interested person other than a party to a contest before probate25-19
25-20
time to have joined therein25-21
25-22
contest the25-23
25-24
was proved a petition25-25
the allegations of the contestant against the validity of the will or against25-26
the sufficiency of the proof, and25-27
revoked.25-28
Sec. 145. NRS 137.090 is hereby amended to read as follows: 137.090 Upon filing the petition, and within the time allowed for filing25-30
the petition, a citation must be issued, directed to the25-31
25-32
all the devisees25-33
known to the petitioner, including minors and25-34
incapacitated persons, or the personal representative of any such person25-35
who is dead, directing them to plead to the contest within 30 days after25-36
service of the citation.25-37
Sec. 146. NRS 137.100 is hereby amended to read as follows: 137.100 The citation25-39
thereunder as in the case of a contest before probate. If the jury25-40
finds or the court25-41
last will of the testator, the court shall enter an order revoking the probate25-42
of the will and letters testamentary. Thereupon the powers of the25-43
26-1
cease, but26-2
act done in good faith26-3
Sec. 147. NRS 137.110 is hereby amended to read as follows: 137.110 If the probate is not revoked , the costs of trial must be paid26-5
by the contestant. If the probate is revoked , the costs must be paid by the26-6
party who resisted the revocation or out of the property of the decedent, as26-7
the court may direct26-8
NRS.26-9
Sec. 148. NRS 137.130 is hereby amended to read as follows: 137.130 Failure to contest a will does not preclude the subsequent26-11
probate of a will executed later in point of time than the one26-12
previously admitted to probate.26-13
Sec. 149. NRS 138.010 is hereby amended to read as follows: 138.010 1. If26-15
probate, the26-16
26-17
26-18
appear and qualify.26-19
2. No person has any power as26-20
until he qualifies, except that, before letters are issued, he may pay the26-21
funeral charges and take necessary measures for the preservation of the26-22
estate.26-23
Sec. 150. NRS 138.020 is hereby amended to read as follows: 138.020 1. No person is26-25
executor26-26
(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 court26-29
execute the duties of26-30
improvidence26-31
(d) Is a bank26-32
do business in the State of Nevada, unless it associates as coexecutor a26-33
bank26-34
this state. An out-of-state bank is26-35
substitute executor ,26-36
forming such an association, but any natural person so appointed26-37
must be a resident of this state.26-38
2. If26-39
executor26-40
26-41
right to act, or fail to appear and qualify, letters of administration with the26-42
will annexed27-1
Sec. 151. NRS 138.040 is hereby amended to read as follows:27-2
138.04027-3
intention of the testator to commit the execution27-4
the administration of27-5
executor,27-6
letters testamentary in like manner as if27-7
executor.27-8
Sec. 152. NRS 138.045 is hereby amended to read as follows: 138.045 1.27-10
either alone or with another or others, who is27-11
otherwise qualified to act under NRS 138.020, may appoint a substitute if:27-12
(a) The person27-13
or continue the execution of the will; and27-14
(b) The testator has not designated an alternate to serve in place of the27-15
named executor, or27-16
unable to serve.27-17
2. A person named as alternate executor who is not27-18
27-19
(a) The named alternate is unwilling or unable to undertake or continue27-20
the execution of the will; and27-21
(b) A named executor is27-22
designated a substitute within 30 days after being notified that the named27-23
alternate is unwilling or unable to serve.27-24
3.27-25
a will27-26
(a) The person27-27
continue the sole execution of the will; and27-28
(b) The testator has not designated an alternate to serve in place of the27-29
named executor, or that the named alternate is unwilling or unable to serve.27-30
4. The substitute or coexecutor, unless otherwise disqualified under27-31
this chapter, is entitled to letters testamentary in like manner as if27-32
substitute or coexecutor had been named in the will.27-33
Sec. 153. NRS 138.050 is hereby amended to read as follows: 138.05027-35
national banking association that has sold its business and assets to, or has27-36
consolidated or merged with, or is in any manner provided by law27-37
succeeded by , another corporation or national banking association27-38
authorized and qualified to act as executor, the court may issue letters27-39
thereon to the successor corporation or association27-40
were named in the will.27-41
Sec. 154. NRS 138.060 is hereby amended to read as follows: 138.060 1.27-43
may file objections in writing to the granting of letters testamentary to the28-1
person or persons named as executors, or any of them, and28-2
28-3
2. A petition may also be filed for the issuance of letters of28-4
administration, with the will annexed, in all proper cases.28-5
Sec. 155. NRS 138.070 is hereby amended to read as follows: 138.070 1. No executor of the will of28-7
a deceased executor, as such, is authorized to administer the estate of the28-8
first testator, but28-9
28-10
the estate of the first testator28-11
be issued. If no executor is named in the will, or if the sole executor or all28-12
the executors named therein are dead or28-13
neglect or fail to apply for letters, or to appear and qualify, or die after the28-14
issuance of letters and before the completion of the administration, letters28-15
of administration with the will annexed28-16
2. The account of a deceased28-17
representative may be28-18
and28-19
incurred, upon the petition of either the attorney who represented28-20
deceased personal representative in the probate or administration28-21
28-22
and upon such notice as the court28-23
Sec. 156. NRS 138.080 is hereby amended to read as follows: 138.08028-25
are not appointed by the court,28-26
appointed have the same authority to perform every act and discharge28-27
every28-28
for every purpose as if all had been appointed .28-29
Sec. 157. NRS 138.090 is hereby amended to read as follows: 138.090 1. Administrators with the will annexed28-31
same authority as the executor named in the will would have had if28-32
28-33
effectual for every purpose, but if the power or authority conferred upon28-34
the executor is discretionary, and is not conferred by law, it28-35
28-36
2. Persons and their nominees and appointees are entitled to28-37
appointment as administrators with the will annexed in the same order of28-38
priority as in the appointment of administrators, except that, as to foreign28-39
letters,28-40
priority over one who is not.28-41
Sec. 158. NRS 139.010 is hereby amended to read as follows: 139.010 No person28-43
29-1
1. Is under the age of majority;29-2
29-3
2. Has been convicted of a felony;29-4
29-5
3. Upon proof, is adjudged by the court29-6
29-7
29-8
4.29-9
case of a banking corporation,29-10
authorized to do business in this state or does not associate as29-11
coadministrator a banking corporation29-12
29-13
Sec. 159. NRS 139.030 is hereby amended to read as follows: 139.030 The surviving partner of a decedent must not be appointed29-15
administrator of the estate if any interested person29-16
objects to29-17
Sec. 160. NRS 139.040 is hereby amended to read as follows: 139.040 1. Administration of the intestate estate of a29-19
29-20
persons29-21
section, and they are respectively entitled to priority for appointment in29-22
the following order:29-23
(a) The surviving29-24
(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 the29-29
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 of29-33
consanguinity.29-34
(j) Any person or persons legally29-35
2. A person in each of the foregoing classes is entitled:29-36
(a) To appointment, if29-37
Nevada or is a banking corporation29-38
which is authorized to do business in this state or which associates as29-39
coadministrator a banking corporation29-40
29-41
(b) To nominate a resident of the State of Nevada or a qualified banking29-42
corporation for appointment, whether or not the nominator is a resident of29-43
the State of Nevada or a qualified banking corporation. The nominee30-1
30-2
priority is independent of the residence or corporate qualification of the30-3
nominator.30-4
Sec. 161. NRS 139.050 is hereby amended to read as follows: 139.050 Administration may be granted upon petition to one or more30-6
30-7
30-8
Sec. 162. NRS 139.080 is hereby amended to read as follows: 139.080 Letters of administration may be granted to any30-10
30-11
having30-12
appointment, if the latter fail to appear and claim the issuance of letters to30-13
themselves30-14
Sec. 163. NRS 139.090 is hereby amended to read as follows: 139.090 1. A petition for letters of administration must be in writing,30-16
signed by the30-17
petitioner and filed with the clerk of the court, and must state:30-18
(a) The jurisdictional facts;30-19
(b) The names30-20
decedent and their relationship to the decedent, so far as known to the30-21
30-22
(c) The character and estimated value of the property of the estate; and30-23
(d) That the30-24
never been convicted of a felony.30-25
2. No defect of form or in the statement of jurisdictional facts actually30-26
existing voids an order appointing an administrator or any of the30-27
subsequent proceedings.30-28
Sec. 164. NRS 139.100 is hereby amended to read as follows: 139.100 The clerk shall set the petition for hearing, and notice must be30-30
given to the heirs of the decedent30-31
administrator of the welfare division of the department of human resources30-32
as provided in NRS 155.020. The notice must state the filing of the30-33
petition, the object and the time for hearing.30-34
Sec. 165. NRS 139.110 is hereby amended to read as follows: 139.11030-36
30-37
[30-38
or may assert30-39
30-40
latter case,30-41
required for the original petition, and the court must hear the two petitions30-42
together.31-1
Sec. 166. NRS 139.120 is hereby amended to read as follows: 139.120 Before letters are granted , the fact of death31-3
31-4
the decedent died intestate, and that notice has been given as required in31-5
this chapter, must be proved by the evidence of the31-6
others .31-7
any other person concerning the time, place and manner of death, the place31-8
of the decedent’s residence at the time31-9
of his property, and whether or not the decedent left31-10
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: 139.130 An entry in the minutes or in the written order appointing the31-13
administrator31-14
had been given according to law31-15
fact of such notice.31-16
Sec. 168. NRS 139.140 is hereby amended to read as follows: 139.140 When letters of administration have been granted to any31-18
31-19
spouse or the spouse’s nominee, or the child,31-20
or sister of the31-21
qualified, may obtain the revocation of the letters by presenting to the31-22
31-23
letters of administration be issued to31-24
Sec. 169. NRS 139.150 is hereby amended to read as follows: 139.150 1.31-26
31-27
31-28
citation31-29
time appointed for the hearing. The citation must be served on the31-30
administrator in accordance with NRS 155.050 at least 10 days before31-31
the date of the hearing.31-32
2. At the time appointed, upon proof that the citation, together with a31-33
copy of the petition, has been duly served and notice given as31-34
31-35
petition, and if the right of the31-36
is31-37
to him and the letters of the former administrator revoked. The former31-38
administrator shall promptly file an accounting in accordance with NRS31-39
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, brother31-43
or sister of the32-1
letters have been granted to any other of them, may assert32-2
right32-3
have the previous letters32-4
in NRS 139.150.32-5
Sec. 171. NRS 139.170 is hereby amended to read as follows: 139.170 The court32-7
administration as provided in this chapter to any person or to the nominee32-8
of any person who had actual notice of the first32-9
an opportunity to contest32-10
Sec. 172. NRS 140.010 is hereby amended to read as follows: 140.010 The32-12
to collect and take charge of the estate of the32-13
whatever county or counties the32-14
exercise such other powers as may be necessary to preserve the estate:32-15
1.32-16
testamentary or letters of administration, from any cause.32-17
2.32-18
3.32-19
4.32-20
5.32-21
removed, and the circumstances of the estate require the immediate32-22
appointment of a personal representative.32-23
6. If there may be no assets subject to administration but good cause32-24
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: 140.020 1. The appointment of a special administrator may be made32-28
at chambers32-29
such32-30
32-31
upon the minutes of the court or by written order signed and filed, which32-32
32-33
2. Upon the filing of the order ,32-34
appointed has given bond32-35
issue special letters of administration, with a32-36
attached .32-37
3. In making the appointment of a special administrator , the32-38
32-39
letters testamentary or letters of administration, but no appeal32-40
32-41
Sec. 174. NRS 140.030 is hereby amended to read as follows: 140.030 Before letters issue to a person as a special administrator32-43
, the person must:33-1
1. Give bond in such sum as the court33-2
with sureties to the satisfaction of the court ,33-3
faithful performance of33-4
bond; and33-5
2. Take the usual oath33-6
33-7
office.33-8
Sec. 175. NRS 140.040 is hereby amended to read as follows: 140.040 1. A special administrator shall:33-10
(a) Collect and preserve for the executor or administrator when33-11
appointed all the goods, chattels and33-12
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 upon33-14
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 defend33-17
actions and other legal proceedings as33-18
representative.33-19
(b) Without prior order of the court, sell any perishable property of the33-20
estate, as provided in NRS 148.170.33-21
(c) Exercise such other powers as33-22
by the order of appointment.33-23
(d) Obtain leave of the court to borrow money or to lease or mortgage33-24
33-25
33-26
3. A special administrator is not liable:33-27
(a) To33-28
(b)33-29
involving wrongful death, personal injury or property damage33-30
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: 140.050 1. If any property in33-33
special administrator is subject to a mortgage33-34
lien to secure the payment of money, and there is danger that the holder of33-35
the security may enforce or foreclose the33-36
value of the property exceeds33-37
thereon, then, upon petition of the special administrator or33-38
33-39
court33-40
authorize or direct the special administrator to33-41
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 it33-43
becomes due, and the order shall remain in effect and cover such future34-1
interest unless and until for good cause set aside or modified by the court34-2
upon petition and notice, in the same manner as34-3
administrator.34-4
Sec. 177. NRS 140.060 is hereby amended to read as follows: 140.060 1.34-6
determination of a contest of a will instituted34-7
before it is admitted to probate, or pending an appeal from an order34-8
appointing, suspending or removing an executor or administrator, the34-9
special administrator34-10
obligations as34-11
administration issued to him34-12
administrator is appointed with34-13
those powers.34-14
2. If a special administrator has been appointed, and thereafter a34-15
proceeding to contest a will34-16
admitted to probate has been instituted, the court shall34-17
order34-18
34-19
executor or administrator and requiring34-20
as the court deems proper. The order is not appealable .34-21
34-22
34-23
34-24
Sec. 178. NRS 140.070 is hereby amended to read as follows: 140.07034-26
34-27
34-28
special administrator shall immediately deliver to the executor or34-29
administrator all the property and effects of the deceased in34-30
possession of the special administrator and the executor or administrator34-31
may prosecute to final judgment any34-32
special administrator.34-33
Sec. 179. NRS 140.080 is hereby amended to read as follows: 140.08034-35
under oath, of34-36
are required to do ,34-37
appointed the succeeding34-38
accounting otherwise due from34-39
included in34-40
Sec. 180. Chapter 141 of NRS is hereby amended by adding thereto34-41
the provisions set forth as sections 181 and 182 of this act.35-1
Sec. 181. Letters of special administration may be in substantially35-2
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 Administration35-7
)35-8
On _____ (day) _____ (month) _____ (year), the court entered an35-9
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 in35-12
excess of $__;35-13
[ ] a directive for the posting of bond in the sum of $___; or35-14
[ ] a directive for both the establishment of a blocked account for35-15
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 has35-17
the authority and duties of special administrator.35-18
In testimony of which, I have this date signed these letters and affixed35-19
the seal of the court.35-20
CLERK OF THE COURT35-21
By35-22
Deputy Clerk (date)35-23
OATH35-24
I, ______________________________________, whose mailing35-25
address is __________________________________________, solemnly35-26
affirm that I will faithfully perform according to law the duties of special35-27
administrator, and that all matters stated in any petition or paper filed35-28
with the court by me are true of my own knowledge or, if any matters are35-29
stated on information and belief, I believe them to be true.35-30
35-31
Special Administrator35-32
SUBSCRIBED AND AFFIRMED before me this _____ day35-34
CLERK OF COURT35-35
By35-36
Deputy Clerk35-37
(or)35-38
NOTARY PUBLIC35-39
County of __________ State of36-1
Sec. 182. After receipt of notice of a36-2
proceeding to suspend or remove a person as personal representative, the36-3
person shall not act except to account, correct malfeasance or36-4
misfeasance of administration, or preserve the estate. If removal is36-5
ordered, the court shall also order the disposition or transfer of the assets36-6
remaining in the name or under the control of the personal36-7
representative being removed.36-8
Sec. 183. NRS 141.010 is hereby amended to read as follows: 141.010 Letters testamentary, letters of administration with the will36-10
annexed, letters of special administration, and letters of administration36-11
36-12
court.36-13
Sec. 184. NRS 141.020 is hereby amended to read as follows: 141.020 Letters testamentary may be in substantially the following36-15
form ,36-16
36-17
36-18
36-19
36-20
36-21
36-22
In the Matter of the Estate of )36-23
) Case No.36-24
)36-25
deceased. ) Letters Testamentary36-26
)36-27
On _____ (day) _____ (month) _____ (year), the court entered an36-28
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 in36-30
excess of $___; or36-31
[ ] 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 authority36-33
and duties of an executor.36-34
In testimony of which, I have this date signed these letters and affixed36-35
the seal of the court.36-36
CLERK OF THE COURT36-37
By36-38
Deputy Clerk (date)37-1
OATH37-2
I,____________________________________, whose mailing address37-3
is _______________________________________, solemnly affirm that I37-4
will faithfully perform according to law the duties of executor, and that37-5
all matters stated in any petition or paper filed with the court by me are37-6
true of my own knowledge or, if any matters are stated on information37-7
and belief, I believe them to be true.37-8
37-9
Executor37-10
SUBSCRIBED AND AFFIRMED before me this ______ day37-12
CLERK OF COURT37-13
By37-14
Deputy Clerk37-15
(or)37-16
NOTARY PUBLIC37-17
County of __________ State of37-18
Sec. 185. NRS 141.030 is hereby amended to read as follows: 141.030 Letters of administration with the will annexed may be in37-20
substantially37-21
37-22
37-23
37-24
37-25
37-26
37-27
37-28
In the Matter of the Estate of )37-29
) Case No.37-30
)37-31
deceased. ) Letters of Administration With Will Annexed37-32
)37-33
On _____ (day) _____ (month) _____ (year), the court entered an37-34
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 in37-37
excess of $__;37-38
[ ] a directive for the posting of bond in the sum of $___; or37-39
[ ] a directive for both the establishment of a blocked account for37-40
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 will38-3
annexed.38-4
In testimony of which, I have this date signed these letters and affixed38-5
the seal of the court.38-6
CLERK OF THE COURT38-7
By38-8
Deputy Clerk (date)38-9
OATH38-10
I,________________________________________, whose mailing38-11
address is _________________________________________, solemnly38-12
affirm that I will faithfully perform according to law the duties of38-13
administrator with the will annexed, and that all matters stated in any38-14
petition or paper filed with the court by me are true of my own knowledge38-15
or, if any matters are stated on information and belief, I believe them to38-16
be true.38-17
38-18
Administration With Will Annexed38-19
SUBSCRIBED AND AFFIRMED before me this ______ (day) of38-20
______________(month) of ____(year).38-21
CLERK OF COURT38-22
By38-23
Deputy Clerk38-24
(or)38-25
NOTARY PUBLIC38-26
County of __________ State of38-27
Sec. 186. NRS 141.040 is hereby amended to read as follows: 141.040 Letters of administration may be in substantially the following38-29
form ,38-30
38-31
38-32
38-33
38-34
38-35
In the Matter of the Estate of )38-36
) Case No.38-37
)38-38
deceased. ) Letters of Administration38-39
)39-1
On _____ (day) _____ (month) _____ (year), the court entered39-3
estate. The order includes:39-4
[ ] a directive for the establishment of a blocked account for sums in39-5
excess of $__;39-6
[ ] a directive for the posting of bond in the sum of $___; or39-7
[ ] a directive for both the establishment of a blocked account for39-8
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 the39-10
authority and duties of administrator.39-11
In testimony of which, I have this date signed these letters and affixed39-12
the seal of the court.39-13
CLERK OF THE COURT39-14
By39-15
Deputy Clerk (date)39-16
OATH39-17
I,______________________________________, whose mailing39-18
address is ______________________________________, solemnly39-19
affirm that I will faithfully perform according to law the duties of39-20
administrator, and that all matters stated in any petition or paper filed39-21
with the court by me are true of my own knowledge or, if any matters are39-22
stated on information and belief, I believe them to be true.39-23
39-24
Administrator39-25
SUBSCRIBED AND AFFIRMED before me this ______ (day) of39-26
______________ (month) of ____(year).39-27
CLERK OF COURT39-28
By39-29
Deputy Clerk39-30
(or)39-31
NOTARY PUBLIC39-32
County of __________ State of39-33
Sec. 187. NRS 141.050 is hereby amended to read as follows: 141.050 If, after granting letters of administration on the ground of39-35
intestacy, a will of the39-36
allowed by the court, the letters of administration39-37
and the power of the administrator39-38
administrator shall render an account of his administration within such39-39
time as the court39-40
will, or the administrator with the will annexed,39-41
demand,40-1
and effects of the deceased, remaining unadministered, and may prosecute40-2
to final judgment any suit commenced by or against the administrator40-3
before the revocation of40-4
Sec. 188. NRS 141.060 is hereby amended to read as follows: 141.06040-6
personal representatives of the same estate to whom letters40-7
been granted40-8
becomes incapacitated or disqualified, or otherwise40-9
incapable of executing the40-10
letters40-11
annulled according to law with respect to40-12
40-13
40-14
40-15
Sec. 189. NRS 141.070 is hereby amended to read as follows: 141.070 If all the40-17
representatives die or from any cause become incapable of executing the40-18
40-19
annulled according to law, the40-20
40-21
40-22
40-23
40-24
40-25
to be issued according to the priority established in NRS 139.040. The40-26
successor personal representative shall post such bond as the court may40-27
require.40-28
Sec. 190. NRS 141.080 is hereby amended to read as follows: 141.08040-30
resign40-31
with the court, to take effect upon the settlement of40-32
however, by reason of any delay in40-33
cause, the circumstances of the estate or the rights of those interested40-34
therein require it, the court, at any time after the tendering of the40-35
resignation, may revoke the letters of40-36
40-37
40-38
personal representative in the same manner as is directed in relation to40-39
original letters .40-40
40-41
40-42
not discharged, released or affected by40-43
appointment, but41-1
continues until the personal representative has delivered up all the estate41-2
to the41-3
and filed an accounting in accordance with NRS 150.080, and the41-4
accounting has been approved by the court.41-5
Sec. 191. NRS 141.090 is hereby amended to read as follows: 141.09041-7
from41-8
41-9
1. Has wasted, converted to41-10
use41-11
representative’s own use, the property of the estate committed to41-12
41-13
2. Has committed or is about to commit any wrong or fraud upon the41-14
estate;41-15
3. Has become41-16
4. Has wrongfully neglected the estate; or41-17
5. Has unreasonably delayed the performance of necessary acts in any41-18
particular as41-20
the court may, by an order entered upon the minutes ,41-21
suspend the powers of the41-22
representative until the matter can be investigated41-23
action as it deems appropriate under the circumstances.41-24
Sec. 192. NRS 141.100 is hereby amended to read as follows: 141.100 During the suspension of the powers of41-26
41-27
41-28
estate requires ,41-29
41-30
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: 141.110 1.41-34
suspension is entered, the clerk shall issue a citation, reciting the order of41-35
suspension, to the41-36
appear before the court at a time41-37
,41-38
representative should not be revoked.41-39
2. The citation41-40
as provided in41-41
41-42
3. If the41-43
absconded or42-1
has left the state, the citation may be served by leaving a copy with42-2
the personal representative’s attorney of record, if42-3
such manner as the court may direct, and the court42-4
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: 141.12042-7
and file allegations in writing, showing that the42-8
personal representative should be removed.42-9
42-10
Sec. 195. NRS 141.130 is hereby amended to read as follows: 141.130 1. If the42-12
fails to appear42-13
personal representative appears and the court is satisfied that good grounds42-14
exist for42-15
representative must be revoked, and new letters42-16
42-17
2. In proceedings for the removal of42-18
personal representative, the court may compel42-19
personal representative by42-20
require42-21
42-22
so, may commit42-23
personal representative obeys or may revoke42-24
Sec. 196. NRS 141.140 is hereby amended to read as follows: 141.140 All acts of42-26
representative before the revocation of42-27
42-28
valid,42-29
representative had continued lawfully to execute the duties of42-30
the office.42-31
Sec. 197. NRS 142.010 is hereby amended to read as follows: 142.010 1. Before letters42-33
may be issued to42-34
representative, the personal representative must take and subscribe an42-35
oath or affirmation, before a person authorized to administer oaths, that42-36
42-37
42-38
filed42-39
2. The oath of a corporation appointed as42-40
personal representative may be taken and subscribed by42-41
42-42
representative upon its behalf .43-1
43-2
43-3
43-4
Sec. 198. NRS 142.020 is hereby amended to read as follows: 142.020 1.43-6
of a bond of43-7
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; or43-10
(b) Dispense with the requirement of a bond if it determines a bond is43-11
unnecessary.43-12
2. The bond must be conditioned so that the43-13
personal representative will faithfully execute the duties of the43-14
office according to law, and the bond must be43-15
3. Personal assets of an estate may be deposited with a domestic43-16
43-17
be prescribed by order of the court having jurisdiction of the estate. The43-18
deposit is subject to the further order of the court. The bond of the43-19
43-20
accordingly. The personal representative shall file with the clerk the43-21
acknowledgment of an authorized representative of the financial43-22
institution that holds the assets deposited, which may be in the following43-23
form:43-24
PROOF OF BLOCKED ACCOUNT43-25
The undersigned affirms that ____________________________, as43-26
personal representative of the estate of43-27
______________________________, deceased, has established an43-28
account, number ___, entitled "______," in the amount of $_____.43-29
The undersigned acknowledges that this account bears a43-30
blocked/frozen designation, and that no money may be removed without43-31
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 a43-35
creditor, having an interest in43-36
may43-37
43-38
43-39
43-40
44-1
44-2
44-3
44-4
file a petition requesting that the personal representative submit44-5
additional bond. Upon the filing of the petition, the clerk shall set it for44-6
hearing, and the petitioner shall give notice for the period and in the44-7
manner provided in NRS 155.010. Upon hearing the petition, the court44-8
may require the personal representative to file additional bond in the44-9
amount of the claim of the petitioner, unless it determines that bond44-10
should be dispensed with or set in a different amount.44-11
5. The amount of the bond is the estimated value of all personal44-12
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, changed44-14
by the court44-15
6. If a banking corporation, as defined in NRS 657.016, or trust44-16
company, as defined in NRS 669.070, doing business in this state is44-17
appointed44-18
estate of a44-19
44-20
Sec. 199. NRS 142.030 is hereby amended to read as follows: 142.030 The bond44-22
may be sued upon from time to time by any person aggrieved in44-23
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: 142.035 If44-26
required by a court pursuant to the provisions of this44-27
provide security in the form of cash or a bond, stipulation or other44-28
undertaking with one or more sureties, each surety for that security submits44-29
44-30
irrevocably appoints the clerk of that court as44-31
any papers affecting44-32
served. The liability of the surety may be enforced on44-33
without the necessity of an independent action. The44-34
such notice of the44-35
prescribes may be served on the clerk of the court, who shall44-36
mail copies to the surety44-37
known address.44-38
Sec. 201. NRS 142.040 is hereby amended to read as follows: 142.04044-40
bond is required under this chapter, the sureties must justify on oath44-41
before the44-42
notary public, or a justice of the peace of the county, to the effect that they44-43
are householders, or freeholders, within this state, and worth the amount for45-1
which they become surety, over and above all just debts and liabilities,45-2
exclusive of property exempt from execution. The justification must be45-3
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
45-6
45-7
45-8
45-9
45-10
45-11
45-12
Sec. 202. NRS 142.050 is hereby amended to read as follows: 142.050 1. Before45-14
required45-15
own motion, or at any time after the approval of a bond upon45-16
45-17
supported by affidavit that any one or all of the sureties is or are not worth45-18
as much as justified to, order a citation to issue, requiring the surety or45-19
sureties to appear before45-20
testify45-21
45-22
subpoena to issue to the45-23
representative requiring his appearance at the return of the citation.45-24
2. Upon the return of the citation , the45-25
question the surety and such witnesses as may be produced45-26
concerning the property45-27
value. If, upon such investigation, the45-28
bond is insufficient,45-29
such time as45-30
Sec. 203. NRS 142.060 is hereby amended to read as follows: 142.060 If sufficient security is not given within the time fixed by the45-32
45-33
may allow, the right of the45-34
45-35
person next entitled to the administration45-36
45-37
administration.45-38
Sec. 204. NRS 142.070 is hereby amended to read as follows: 142.07045-40
that no bond45-41
45-42
45-43
personal representative to whom letters have been issued without bond46-1
may, at any time afterward,46-2
cause to be necessary or proper, be required to provide and file a bond as in46-3
other cases.46-4
Sec. 205. NRS 142.080 is hereby amended to read as follows: 142.080 1.46-6
46-7
46-8
becoming insolvent, or that46-9
removed from, or46-10
any other cause the bond is insufficient,46-11
46-12
the court requesting that further security be given.46-13
2. If it comes to the knowledge of the46-14
any cause insufficient46-15
any46-16
3. A personal representative or his counsel, if either becomes aware46-17
of facts causing a need therefor, shall petition the court for an order ex46-18
parte increasing a bond to the total appraised value of personal property46-19
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 must46-21
be included describing the total bond posted, the appraised value of46-22
personal property on hand plus the estimated annual income from real46-23
and personal property and a statement of any additional bond thereby46-24
required.46-25
Sec. 206. NRS 142.090 is hereby amended to read as follows: 142.090 1. If the court46-27
additional bond or otherwise believes that the matter requires46-28
investigation, a citation must be issued to the46-29
46-30
representative to appear before the46-31
place, to show cause why46-32
further security. The citation must be served on the46-33
46-34
46-35
46-36
personal representative pursuant to NRS 155.050.46-37
2. On the return of the citation or at such other time as the46-38
court may appoint,46-39
satisfactorily appears that the security, from any cause, is insufficient,46-40
46-41
personal representative to give further security, or to file a new bond in the46-42
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: 142.100 If sufficient security or additional security is not given within47-3
the time fixed by the47-4
47-5
administer the estate ceases, and the person next entitled to administer the47-6
estate, who will47-7
letters have already been issued to the47-8
47-9
47-10
representative thereupon ceases. The person next entitled to administer the47-11
estate, who47-12
appointed, upon giving the47-13
47-14
Sec. 208. NRS 142.110 is hereby amended to read as follows: 142.11047-16
1. If a petition is presented47-17
requesting that a personal representative be required to give further47-18
security, and47-19
affirmation that the47-20
wasting the property of the estate, the47-21
47-22
heard and determined.47-23
2. If an order of suspension is entered, the personal representative is47-24
restrained as provided in section 182 of this act. After the suspension, the47-25
personal representative must be cited to show cause and the matter must47-26
be heard and determined pursuant to NRS 141.130.47-27
Sec. 209. NRS 142.130 is hereby amended to read as follows: 142.13047-29
personal representative desires to be released from responsibility on47-30
account of future acts,47-31
47-32
shall cite the47-33
at a designated time and place and give other security. If the47-34
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 at47-37
the personal representative, or by serving the attorney of the personal47-38
representative, or by such publication as the court47-39
47-40
Sec. 210. NRS 142.140 is hereby amended to read as follows: 142.140 If the47-42
neglects or refuses to give new sureties, to the satisfaction of the47-43
court, on the return of the citation, the court48-1
citation has been served, or within such reasonable time as the48-2
48-3
48-4
time, the court48-5
Sec. 211. NRS 142.150 is hereby amended to read as follows: 142.150 If new sureties48-7
48-8
surety48-9
subsequent act, default48-10
personal representative.48-11
Sec. 212. Chapter 143 of NRS is hereby amended by adding thereto a48-12
new section to read as follows:48-13
A statute of limitations running on a cause of action belonging to a48-14
decedent, that was not barred as of the date of death, does not bar the48-15
cause of action sooner than 4 months after the death. A cause of action48-16
that, but for this section, would be barred less than 4 months after the48-17
death of the decedent is barred after 4 months unless the running of the48-18
statute is tolled under other law.48-19
Sec. 213. NRS 143.010 is hereby amended to read as follows: 143.01048-21
personal representatives, the acts of one alone48-22
other is absent from the state, or for any cause is laboring under any legal48-23
disability, and48-24
48-25
Sec. 214. NRS 143.020 is hereby amended to read as follows: 143.02048-27
otherwise provided in NRS 146.010, a personal representative has a right48-28
to the possession of all the real, as well as personal, property of the48-29
48-30
property until the estate48-31
of the48-32
effort to keep in good tenantable repair all houses, buildings and48-33
appurtenances thereon which are under48-34
personal representative.48-35
Sec. 215. NRS 143.030 is hereby amended to read as follows: 143.030 1.48-37
representative shall take into48-38
48-39
in this Title, and shall collect all48-40
48-41
2. For the purpose of bringing48-42
partition of the estate, the possession of the48-43
personal representative shall be deemed the possession of the heirs or49-1
devisees. The possession of heirs or devisees49-2
to the possession of the49-3
for all other purposes.49-4
Sec. 216. NRS 143.035 is hereby amended to read as follows: 143.035 1.49-6
shall use reasonable diligence in performing49-7
representative and in pursuing the administration of the estate.49-8
2.49-9
of an estate that has not been closed shall:49-10
(a) Within 6 months after49-11
appointment, where no federal estate tax return is required to be filed for49-12
the estate; or49-13
(b) Within 15 months after49-14
appointment, where a federal estate tax return is required to be filed for the49-15
estate,49-16
file with the49-17
closed.49-18
3. Upon receiving the report, the49-19
for a hearing of the report .49-20
49-21
49-22
and shall give notice of the hearing,49-23
period and in the manner provided in NRS 155.010, to:49-24
(a) Each person whose interest is affected as an heir49-25
49-26
(b) The welfare division of the department of human resources, if the49-27
welfare division has filed a claim against the estate.49-28
4. At the hearing, the court shall determine whether or not the49-29
49-30
diligence in49-31
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; or49-34
(2) Allow the49-35
additional time for closing and order a subsequent report; or49-36
(b) Revoke the letters of the49-37
representative, appoint a successor and prescribe a reasonable time within49-38
which the successor shall close the estate.49-39
Sec. 217. NRS 143.037 is hereby amended to read as follows: 143.037 1. Except as otherwise provided in this section,49-41
49-42
months after50-1
2. If a claim against the estate is in litigation or in summary50-2
determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of50-3
NRS 147.130 or the amount of federal estate tax has not been determined,50-4
the court, upon petition of a devisee,50-5
that:50-6
(a) A certain amount of money, or certain other assets, be retained by50-7
the50-8
(1) Satisfy the claim or tax ;50-9
(2) Pay any fees or costs related to the claim or tax, including50-10
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 is50-13
pending, the court which appointed the50-14
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; or50-17
(b) May, for good cause shown, order that the entire distributable estate50-18
be retained pending disposition of the contest or proceeding.50-19
Sec. 218. NRS 143.040 is hereby amended to read as follows: 143.040 1.50-21
50-22
time of50-23
50-24
and50-25
of the decedent must be included in the inventory and appraised as50-26
50-27
2. The surviving partner shall proceed to settle the affairs of the50-28
partnership without delay, and shall account to the50-29
50-30
be, from time to time, payable to50-31
50-32
3. Upon the50-33
50-34
may appear necessary, order the surviving partner to render an50-35
accounting, and in case of neglect or refusal , may, after notice, compel it50-36
by50-37
the personal representative may maintain against50-38
partner any action which the50-39
4. Upon any sale of a partnership interest , the surviving partner may50-40
be a bidder.50-41
Sec. 219. NRS 143.050 is hereby amended to read as follows: 143.050 After notice given as provided in NRS 155.010 or in such50-43
other manner as51-1
directs, the court may authorize the51-2
representative to continue the operation of the decedent’s business to such51-3
an extent and subject to such restrictions as may seem to the court to be for51-4
the best interest of the estate and51-5
persons.51-6
Sec. 220. NRS 143.060 is hereby amended to read as follows: 143.060 Actions for the recovery of any property, real or personal, or51-8
for the possession thereof, or to quiet title thereto, or to determine any51-9
adverse claim thereon, and all actions founded upon contracts, may be51-10
maintained by and against51-11
representative in all cases in which the51-12
maintained by or against51-13
51-14
51-15
51-16
51-17
51-18
51-19
Sec. 221. NRS 143.070 is hereby amended to read as follows: 143.070 1.51-21
personal representative may commence or maintain an action against any51-22
person51-23
carried away or converted51-24
51-25
2.51-26
51-27
51-28
Sec. 222. NRS 143.080 is hereby amended to read as follows: 143.080 Any person or51-30
personal representative has a right of action against the51-31
51-32
decedent who, in51-33
wasted, destroyed,51-34
the goods or chattels of51-35
on the real property of51-36
Sec. 223. NRS 143.090 is hereby amended to read as follows: 143.09051-38
successor personal representative may, for the use and benefit of all51-39
51-40
maintain an action on the bond of51-41
former personal representative of the same estate.52-1
Sec. 224. NRS 143.100 is hereby amended to read as follows: 143.100 If any person, before the granting of letters52-3
52-4
converts, takes or alienates any of the52-5
effects of52-6
chargeable and52-7
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: 143.110 1. If52-11
52-12
52-13
interested person alleges in a petition to the court that any person has, or52-14
is suspected to have, concealed, converted ,52-15
away or otherwise disposed of any52-16
effects of the52-17
possession or knowledge of any deeds, conveyances, bonds, contracts or52-18
other writings which contain evidence of, or tend to disclose the right, title52-19
or interest of the52-20
or any claim or demand, or any last will of the52-21
decedent, the court may cause52-22
before the52-23
52-24
2. If the person52-25
granted,52-26
52-27
the court issuing the citation. If52-28
found innocent, his necessary expenses52-29
estate.52-30
Sec. 226. NRS 143.120 is hereby amended to read as follows: 143.120 1. If the person so cited52-32
and submit to examination or to testify52-33
the complaint, the court may commit the person to the county jail, there to52-34
remain confined until52-35
court or52-36
2. If, upon examination, it52-37
concealed, converted ,52-38
any manner disposed of any52-39
52-40
52-41
writings52-42
interest or claim of the52-43
property, claim or demand, or any last will of the53-1
decedent, the court may53-2
deliver any such property or effects to the53-3
personal representative at such time as the court may fix.53-4
53-5
commit53-6
complied with or the person is discharged according to law.53-7
3. The order of the court for the delivery of53-8
property is prima facie evidence of the right of the53-9
53-10
may be brought for53-11
recovered53-12
damages in addition thereto equal to the value of53-13
4. In addition to the examination of the party, witnesses may be53-14
produced and examined on either side.53-15
Sec. 227. NRS 143.130 is hereby amended to read as follows: 143.130 The53-17
53-18
53-19
personal representative, may require any person entrusted by the53-20
personal representative with any part of the estate of the decedent to53-21
appear before the court and render on oath a full53-22
any money, goods, chattels, bonds, accounts, or other papers or effects53-23
belonging to the estate which53-24
the person in trust for the53-25
representative. If the person so cited53-26
appear and render the53-27
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: 143.140 1. If a debtor of the decedent is unable to pay all53-30
the53-31
of the court, may give53-32
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 appears53-34
to be just and for the best interest of the estate.53-35
3. The court may also authorize the53-36
personal representative, on such terms and conditions as may be approved53-37
by it, to extend or renew, or in any manner modify the terms of, any53-38
obligation owing to or running in favor of the decedent or53-39
estate of the decedent.53-40
4. To obtain approval or authorization the53-41
53-42
file a petition showing the advantage of the settlement, compromise,54-1
extension, renewal or modification. The clerk shall set the petition for54-2
hearing by the court, and54-3
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: 143.150 1. If the54-6
real property or any rights or interests therein, with intent to defraud54-7
creditors or to avoid any obligation, debt or duty owed another, or so54-8
conveyed54-9
as against creditors, or made a gift of property in54-10
death, and there is a deficiency of assets in the hands of the54-11
54-12
the expenses and debts of the estate, the personal representative, on54-13
petition of any creditor, shall commence and prosecute to final judgment54-14
any proper action for the recovery of the54-15
the creditors.54-16
2. The54-17
for the benefit of the creditors,54-18
goods, chattels, rights or credits, or their value, which may have been so54-19
fraudulently conveyed by the54-20
may have been the manner of fraudulent conveyance.54-21
Sec. 230. NRS 143.160 is hereby amended to read as follows: 143.160 1.54-23
representative is not bound to54-24
54-25
unless a creditor54-26
54-27
(a) Files a petition; and54-28
(b)54-29
such security54-30
directs.54-31
2. All real property so recovered54-32
of debts in the same manner as prescribed in this Title for sales of real54-33
property by54-34
3. The proceeds of all goods, chattels, rights or credits so received54-35
54-36
by the creditor, must be applied in payment of debts in the same manner as54-37
other personal property in the hands of54-38
personal representative.54-39
Sec. 231. NRS 143.165 is hereby amended to read as follows: 143.165 1. On petition of54-41
54-42
may restrain a personal representative from performing specified acts of54-43
administration, disbursement or distribution, or exercising any powers or55-1
discharging any duties of55-2
to secure proper performance of55-3
appears to the court that the personal representative otherwise may take55-4
some action that would jeopardize unreasonably the interest of the55-5
petitioner or of some other interested person. A person with whom the55-6
personal representative may transact business may be made a party55-7
the temporary order.55-8
2. The matter must be set for hearing within 10 days after55-9
entry of the temporary order unless the parties otherwise agree. Notice as55-10
the court directs must be given by the petitioner to the personal55-11
representative and55-12
representative, if any, and to any other party named55-13
55-14
55-15
55-16
55-17
55-18
55-19
55-20
55-21
Sec. 232. NRS 143.170 is hereby amended to read as follows: 143.17055-23
representative shall not directly or indirectly purchase any property of the55-24
estate55-25
Sec. 233. NRS 143.175 is hereby amended to read as follows: 143.17555-27
55-28
55-29
55-30
55-31
55-32
55-33
55-34
55-35
55-36
55-37
55-38
1. A personal representative may, with court approval:55-39
(a) Invest the property of the estate, make loans and accept security55-40
therefor, in the manner and to the extent authorized by the court; and55-41
(b) Exercise options of the estate to purchase or exchange securities55-42
or other property.56-1
2. A personal representative may, without prior approval of the56-2
court, invest the property of the estate in:56-3
(a) Savings accounts in a bank or savings and loan association in this56-4
state, to the extent that the deposit is insured by the Federal Deposit56-5
Insurance Corporation;56-6
(b) Interest-bearing obligations of, or fully guaranteed by, the United56-7
States;56-8
(c) Interest-bearing obligations of the United States Postal Service or56-9
the Federal National Mortgage Association;56-10
(d) Interest-bearing obligations of this state or of a county, city or56-11
school district of this state;56-12
(e) Money-market mutual funds that are invested only in obligations56-13
listed in paragraphs (a) to (d), inclusive; or56-14
(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: 143.180 1. Subject to such regulations as may be prescribed by the56-17
Federal Housing Administrator,56-18
56-19
56-20
(a) Make such loans and advances of credit, and purchases of56-21
obligations representing the loans and advances of credit, as are eligible for56-22
insurance by the Federal Housing Administrator, and56-23
insurance.56-24
(b)56-25
are eligible for insurance by the Federal Housing Administrator, and56-26
obtain such insurance.56-27
(c)56-28
secured by mortgage insured by the Federal Housing Administrator,56-29
securities of national mortgage associations, and debentures issued by the56-30
Federal Housing Administrator.56-31
2. No law of this state prescribing the nature, amount or form of56-32
security or requiring security upon which loans or advances of credit may56-33
be made, or prescribing or limiting interest rates upon loans or advances of56-34
credit, or prescribing or limiting the period for which loans or advances of56-35
credit may be made,56-36
purchases made pursuant to subsection 1.56-37
3. All above-described loans, advances of credit, and purchases of56-38
obligations56-39
National Housing Act before October 1, 1999, are hereby validated and56-40
confirmed.56-41
Sec. 235. NRS 143.185 is hereby amended to read as follows: 143.18556-43
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 banks57-3
and federal intermediate credit banks under the authority of the Federal57-4
Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 102157-5
to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 200157-6
57-7
2. Bonds, debentures, consolidated debentures and other obligations57-8
issued by banks for cooperatives under the authority of the Farm Credit Act57-9
of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm57-10
Credit Act of 1971, 12 U.S.C. §§ 200157-11
57-12
Sec. 236. NRS 143.187 is hereby amended to read as follows: 143.187 1.57-14
holding certificates of stock in57-15
stock in the name of a nominee without mention57-16
certificate or registration books, if:57-17
(a) The57-18
representative and all reports and57-19
representative renders clearly show57-20
regarding57-21
(b) The nominee deposits with the57-22
representative a signed statement of the true interest of the57-23
57-24
57-25
2. A personal representative is personally liable for any loss to the57-26
estate resulting from any act of the nominee in connection with stock so57-27
held.57-28
Sec. 237. NRS 143.190 is hereby amended to read as follows: 143.190 1. Before letters57-30
57-31
57-32
representative shall file with the county clerk of the county in which the57-33
administration of the estate is pending a written statement containing57-34
the name and57-35
representative. The permanent address may, from time to time, be changed57-36
57-37
changed address.57-38
contained in the last statement so filed by57-39
representative.57-40
2. The taking of his oath of office by57-41
57-42
57-43
constitutes an appointment58-1
which the administration of the estate is pending to be58-2
lawful attorney, upon whom all legal process in any action or proceeding58-3
against the58-4
served, with the same legal force and effect as if served upon58-5
personal representative personally within the State of Nevada.58-6
3. Service of process may be made by mailing by registered or certified58-7
mail a copy of the process ,58-8
be attached thereto a copy of the complaint certified by the clerk or the58-9
plaintiff’s attorney ,58-10
representative at the address contained in the statement filed58-11
the clerk. This service is sufficient personal service upon the58-12
58-13
58-14
4. The court in which the action is pending may order such58-15
continuances as may be necessary to afford the58-16
representative reasonable opportunity to defend the action.58-17
5. The foregoing method of service is cumulative, and does not prevent58-18
the personal service of process upon the58-19
representative within the State of Nevada.58-20
Sec. 238. NRS 143.200 is hereby amended to read as follows: 143.200 No action to which58-22
58-23
58-24
removal of58-25
but the person who is appointed, qualifies and is acting as58-26
58-27
action.58-28
Sec. 239. NRS 143.210 is hereby amended to read as follows: 143.210 In actions brought by or against58-30
personal representatives, it is not necessary to join those as parties who58-31
have not qualified.58-32
Sec. 240. NRS 144.010 is hereby amended to read as follows: 144.010 1. Every58-34
shall make and58-35
58-36
inventory and appraisement or record of value of all the estate of the58-37
58-38
knowledge58-39
2. The personal representative, within 10 days after filing the58-40
inventory with the clerk, shall mail a copy to all the interested heirs of an58-41
intestate estate, or to the devisees of a testate estate, or to both interested59-1
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 the59-3
proceeding.59-4
Sec. 241. NRS 144.020 is hereby amended to read as follows: 144.020 1.59-6
representative may engage a qualified and disinterested appraiser to59-7
ascertain the fair market value, as of the decedent’s death, of any asset the59-8
value of which is subject to reasonable doubt. Different persons may be59-9
engaged to appraise different kinds of assets included in the estate.59-10
2. Any such appraiser is entitled to a reasonable compensation for59-11
the appraisal and may be paid the compensation by the59-12
59-13
completion of the appraisal.59-14
3.59-15
such as money, deposits in banks, bonds, policies of life insurance , or59-16
securities for money or evidence of indebtedness,59-17
asset is equal in value to59-18
personal representative shall file a verified record of value in lieu of the59-19
appraisement.59-20
4. If it appears beyond reasonable doubt that there will be no need to59-21
sell assets of the estate to pay the debts of the estate or expenses of59-22
administration, or to divide assets for distribution in kind to the devisees59-23
or heirs, the personal representative may petition the court for an order59-24
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: 144.025 1.59-28
representative may engage a certified public accountant or other expert in59-29
valuation to ascertain the fair market value, as of the date of the death of59-30
the decedent, of the interest of the decedent in a corporation, partnership,59-31
limited-liability company or other59-32
2.59-33
entitled to a reasonable compensation for his services and may be paid the59-34
compensation by the59-35
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: 144.030 1. Before proceeding59-38
an appraiser, certified public accountant or expert in valuation shall certify59-39
59-40
value the property according to59-41
knowledge and ability. The certification must be contained in the appraisal59-42
or valuation or filed with the court.60-1
2.60-2
valuation, shall then proceed to appraise the property of the estate. Each60-3
item with60-4
separately with the value thereof in dollars and cents in figures opposite60-5
60-6
3.60-7
valuation who directly or indirectly purchases any property of an estate ,60-8
60-9
by the court, is guilty of a misdemeanor. A sale made in violation of the60-10
provisions of this subsection is void.60-11
Sec. 244. NRS 144.040 is hereby amended to read as follows: 144.040 1.60-13
estate of the60-14
the jurisdiction of the court.60-15
2. The inventory60-16
(a) All the estate of the60-17
(b) A statement of all60-18
interests, bonds, mortgages, notes, and other securities for the payment of60-19
money, belonging to the60-20
debtor in each security, the date, the sum originally payable,60-21
60-22
sum which, in the judgment of the appraiser, may be collectible on each60-23
debt, interest or security.60-24
(c) Mortgages of any kind on the real and personal property of the60-25
estate.60-26
3. The inventory60-27
(a) So far as can be ascertained, what portion of the estate is community60-28
property and what portion is the separate property of the60-29
decedent.60-30
(b) An account of all60-31
60-32
the possession of the personal representative.60-33
Sec. 245. NRS 144.050 is hereby amended to read as follows: 144.050 The naming of60-35
representative in a will60-36
60-37
60-38
or demand must be included in the inventory and the person named as60-39
60-40
60-41
becomes due, unless it60-42
had not,60-43
61-1
such part61-2
not arise from any fraud committed by61-3
but any commissions allowed61-4
the61-5
Sec. 246. NRS 144.060 is hereby amended to read as follows: 144.060 The discharge or61-7
will of a receivable or demand61-8
person named as61-9
61-10
creditors of the61-11
specific bequest only of61-12
61-13
be applied in payment of61-14
not necessary for that purpose, it61-15
manner as other specific61-16
Sec. 247. NRS 144.070 is hereby amended to read as follows: 144.07061-18
shall take and subscribe an oath, before any person authorized to administer61-19
oaths, that the inventory contains a true statement of all the estate of the61-20
61-21
which61-22
all money belonging to the61-23
the61-24
representative. The oath must be endorsed upon or annexed to the61-25
inventory.61-26
Sec. 248. NRS 144.080 is hereby amended to read as follows: 144.080 If61-28
61-29
within the time prescribed61-30
61-31
such notice as it61-32
61-33
61-34
liable on his bond for any injuries sustained by the estate through his61-35
neglect.61-36
Sec. 249. NRS 144.090 is hereby amended to read as follows: 144.090 1.61-38
61-39
clerk comes into the possession or knowledge of the61-40
61-41
representative shall file a supplementary inventory of61-42
within 20 days after61-43
manner as an original inventory.62-1
2. The court may enforce the62-2
inventory as62-3
Sec. 250. Chapter 145 of NRS is hereby amended by adding thereto62-4
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 summary62-6
administration of an estate it appears that the gross value of the estate62-7
exceeds $200,000 as of the death of the decedent, the personal62-8
representative shall petition the court for an order revoking summary62-9
administration. The court may, if deemed advisable considering the62-10
nature, character and obligations of the estate, provide in its order62-11
revoking summary administration that regular administration of the62-12
estate may proceed unabated upon providing such portions of the regular62-13
proceedings and notices as were dispensed with by the order for summary62-14
administration.62-15
Sec. 252. 1. Upon the filing of a final account and petition for62-16
distribution of an estate for which summary administration was ordered,62-17
the notice of hearing, the account and petition, together with notice of62-18
the amount agreed or requested as attorney’s fees, must be given to the62-19
persons entitled thereto.62-20
2. The petitioner shall give notice of hearing for the period and in62-21
the manner provided in NRS 155.010.62-22
Sec. 253. NRS 145.020 is hereby amended to read as follows: 145.020 All proceedings taken under this chapter, whether or not the62-24
decedent left a will, must be originated by a62-25
testamentary or letters of administration containing:62-26
1. Jurisdictional information;62-27
2. A description of the property of the decedent, including62-28
62-29
62-30
62-31
62-32
3. The names and residences of the heirs and devisees of the62-33
decedent and the age of any who is a minor and the relationship of each62-34
heir and devisee to the decedent, so far as known to the petitioner; and62-35
4. A statement that the person to be appointed as personal62-36
representative has never been convicted of a felony.62-37
Sec. 254. NRS 145.030 is hereby amended to read as follows: 145.030 Notice of a petition for the probate of a will and the issuance62-39
of letters62-40
provided in NRS 155.010 .62-41
62-42
63-1
Sec. 255. NRS 145.040 is hereby amended to read as follows: 145.04063-3
of the estate does not exceed $200,000, the court may, if deemed advisable63-4
considering the nature ,63-5
63-6
administration of the estate.63-7
Sec. 256. NRS 145.050 is hereby amended to read as follows: 145.050 The order for a summary administration of the estate must:63-9
1. Dispense with all regular proceedings and further notices, except for63-10
the63-11
63-12
2. Provide that an inventory and appraisement or record of value be63-13
63-14
Sec. 257. NRS 145.060 is hereby amended to read as follows: 145.060 1. Creditors of the estate must file their claims, due or to63-16
become due, with the clerk, within 60 days after the mailing63-17
creditors for those required to be mailed, or 60 days after the first63-18
publication of the notice to creditors pursuant to NRS 155.020, and within63-19
10 days thereafter the63-20
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 by63-24
other proof to the satisfaction of the court, that the claimant did not have63-25
notice as provided in NRS 155.020, the claim may be filed at any time63-26
before the filing of the final account.63-27
3. Every claim which is filed as provided in this section63-28
by the63-29
representative, must then, and not until then, be ranked as an63-30
acknowledged debt of the estate and be paid in the course of63-31
administration, except that payment of small debts in advance may be made63-32
pursuant to subsection 3 of NRS 150.230.63-33
4. If a claim filed by the welfare division of the department of human63-34
resources is rejected by the63-35
representative, the state welfare administrator63-36
63-37
rejection, petition the63-38
the claim. A petition for summary determination must be filed with the63-39
clerk ,63-40
petitioner shall give notice63-41
manner required by NRS 155.010. Allowance of the claim by the64-1
court is sufficient evidence of its correctness , and it must be paid as if64-2
previously allowed by the64-3
representative.64-4
Sec. 258. NRS 145.070 is hereby amended to read as follows: 145.070 All sales of real property,64-6
is ordered,64-7
required by64-8
Sec. 259. NRS 145.080 is hereby amended to read as follows: 145.08064-10
distribution made at any time after the expiration of the time for the64-11
personal representative to act on the claims,64-12
appears to the court that all the debts of the estate, expenses and charges of64-13
administration and allowances to the family, if any, have been paid, and the64-14
estate is in condition to be finally settled.64-15
64-16
64-17
64-18
64-19
Sec. 260. Chapter 146 of NRS is hereby amended by adding thereto a64-20
new section to read as follows:64-21
If an order is entered setting apart a homestead, a certified copy of the64-22
order must be recorded in the office of the county recorder of the county64-23
in which the property is located.64-24
Sec. 261. NRS 146.005 is hereby amended to read as follows: 146.005 The provisions of this chapter are inapplicable to the extent64-26
that they are inconsistent with the provisions of a premarital agreement64-27
between the64-28
enforceable pursuant to chapter 123A of NRS.64-29
Sec. 262. NRS 146.010 is hereby amended to read as follows: 146.010 Except as provided in NRS 125.510,64-31
dies leaving a surviving spouse or a minor child or minor children, the64-32
surviving spouse, minor child or minor children are entitled to remain in64-33
possession of the homestead and of all the wearing apparel and provisions64-34
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: 146.020 Upon the64-39
thereafter during the administration64-40
64-41
petition by an interested person, shall set apart for the use of the family of64-42
the64-43
law from execution, and shall set apart the homestead, as designated by the65-1
general homestead law then in force, whether65-2
theretofore previously been selected as required by law, or not, and the65-3
property thus set apart65-4
Sec. 264. NRS 146.030 is hereby amended to read as follows: 146.030 1. If the whole property exempt by law is set apart and is not65-6
sufficient for the support of the surviving spouse, minor child or minor65-7
children, the court shall make such reasonable allowance out of the estate65-8
as is necessary for the maintenance of the family according to their65-9
circumstances during the progress of the65-10
estate, which, in case of an insolvent estate,65-11
1 year after granting letters of administration.65-12
2. If the surviving spouse or any minor child has a reasonable65-13
maintenance derived from other property, and there are other persons65-14
entitled to a family allowance, the allowance65-15
to those who do not have65-16
may be apportioned in such manner as may be just.65-17
Sec. 265. NRS 146.040 is hereby amended to read as follows: 146.04065-19
accordance with the provisions of this chapter65-20
65-21
other charges, except funeral charges, expenses of last illness and expenses65-22
of administration. This may, in the discretion of the court65-23
granting it, take effect from the death of the decedent.65-24
Sec. 266. NRS 146.050 is hereby amended to read as follows: 146.050 1. If the homestead was selected by65-26
spouses, or either of them, during their65-27
while both were living, as provided in chapter 115 of NRS, it vests, on the65-28
death of either spouse, absolutely in the survivor, unless vesting is65-29
otherwise required pursuant to subsection 2 of NRS 115.060.65-30
2. If no homestead was so selected,65-31
apart by the court65-32
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 homestead65-35
must be designated in the order setting it apart and may not extend65-36
beyond the lifetime of the surviving spouse or the minority of any child of65-37
the decedent, whichever is longer. A homestead so set apart then vests,65-38
subject to65-39
(a) If set apart from65-40
heirs or devisees of the decedent.65-41
(b) If set apart from community property, one-half in the surviving65-42
spouse65-43
66-1
3.66-2
66-3
66-4
66-5
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,66-8
66-9
or lien.66-10
Sec. 267. NRS 146.070 is hereby amended to read as follows: 146.070 1.66-12
value of which , after deducting any encumbrances , does not exceed66-13
$50,000, and there is a surviving spouse or minor child or minor children of66-14
the66-15
whole66-16
just, must be, by an order for that purpose, assigned and set apart for the66-17
support of the surviving spouse or minor child or minor children, or for the66-18
support of the minor child or minor children, if there is no surviving66-19
spouse. Even66-20
directing such payments, set aside the whole of the estate to the minor child66-21
or minor children, if it is in their best interests.66-22
2.66-23
66-24
deducting any encumbrances, does not exceed $50,000, upon good cause66-25
shown66-26
66-27
assigned and set apart66-28
66-29
(a) To the payment of funeral expenses, expenses of last illness, money66-30
owed to the department of human resources as a result of payment of66-31
benefits for Medicaid66-32
66-33
(b) Any balance remaining to the claimant or claimants entitled thereto66-34
pursuant to66-35
pursuant to intestate succession.66-36
3.66-37
not the decedent left a valid will, must not begin until at least 30 days after66-38
the death of the decedent and must be originated by a66-39
containing:66-40
(a) A specific description of all66-41
(b) A list of all the liens and66-42
date of66-43
(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 the67-2
petitioner.67-3
(e) The names67-4
67-5
67-6
67-7
67-8
the age of any who is a minor and the relationship of the heirs and67-9
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 shall67-11
give notice of the petition and hearing in the manner provided in NRS67-12
155.010 to the decedent’s heirs67-13
to the state welfare administrator. If a complete copy of the petition is not67-14
enclosed with the notice, the notice must include a statement setting forth to67-15
whom the estate is being set aside.67-16
5. No court or clerk’s fees may be charged for the filing of any petition67-17
in, or order of court thereon, or for any certified copy of the petition or67-18
order in an estate not exceeding $2,500 in value.67-19
6. If the court finds that the gross value of the estate, less67-20
encumbrances, does not exceed the sum of $50,000, the court may direct67-21
that the estate be distributed to the father or mother of67-22
67-23
under chapter 167 of NRS, or may require that a general guardian be67-24
appointed and that the estate be distributed to the guardian, with or without67-25
bond , as in the discretion of the court67-26
interests of the minor. The court may direct the manner in which the money67-27
may be used for the benefit of the minor.67-28
Sec. 268. NRS 146.080 is hereby amended to read as follows: 146.080 1.67-30
therein , nor mortgage or lien thereon, in this state, and the gross value of67-31
the decedent’s property in this state, over and above any amounts due to the67-32
decedent for services in the Armed Forces of the United States, does not67-33
exceed $20,000, a person who has a right to succeed to the property of the67-34
decedent67-35
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 the67-38
state welfare administrator or public administrator on behalf of the state67-39
or others entitled to the property, may, 40 days after the death of the67-40
decedent, without procuring letters of administration or awaiting the67-41
probate of the will, collect any money due the decedent, receive the67-42
property of the decedent, and have any evidences of interest, indebtedness67-43
or right transferred to68-1
representative, corporation, officer or body owing the money, having68-2
custody of the property or acting as registrar or transfer agent of the68-3
evidences of interest, indebtedness or right, with an affidavit showing the68-4
right of the affiant or affiants to receive the money or property or to have68-5
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 law68-8
to succeed to the property claimed;68-9
(b) That the decedent was a resident of Nevada at the time of68-10
death;68-11
(c) That the gross value of the decedent’s property in this state, except68-12
amounts due to the decedent for services in the Armed Forces of the United68-13
States, does not exceed $20,000, and that the property does not include any68-14
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 no68-17
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 the68-20
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 by68-23
certified mail, identifying68-24
property claimed, to every person whose right to succeed to the decedent’s68-25
property is equal or superior to that of the affiant, and that at least 14 days68-26
have elapsed since the notice was served or mailed;68-27
(i) That the affiant is personally entitled, or the department of human68-28
resources is entitled, to full payment or delivery of the property claimed or68-29
is entitled to payment or delivery on behalf of and with the written authority68-30
of all other successors who have an interest in the property; and68-31
(j) That the affiant acknowledges68-32
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 of68-35
subsection 2 or which contains statements which are not entirely true, any68-36
money or property68-37
decedent.68-38
(b) Fails to give notice to other successors as required by subsection 2,68-39
any money or property68-40
in trust for all other successors who have an interest in the property.68-41
4. A person who receives an affidavit containing the information68-42
required by subsection 2 is entitled to rely upon69-1
and if69-2
civil liability for actions based on that reliance.69-3
5. Upon receiving proof of the death of the decedent and an affidavit69-4
containing the information required by this section:69-5
(a) A transfer agent of any security shall change the registered69-6
ownership of the security claimed from the decedent to the person claiming69-7
to succeed to ownership of that security.69-8
(b) A governmental agency required to issue certificates of ownership or69-9
registration to personal property shall issue a new certificate of ownership69-10
or registration to the person claiming to succeed to ownership of the69-11
property.69-12
6. If any property of the estate not exceeding $20,000 is located in a69-13
state which requires an order of a court for the transfer of the property, or if69-14
69-15
agent outside this state, any person qualified under the provisions of69-16
subsection 1 to have the stocks or bonds or other property transferred69-17
69-18
person desiring the transfer must file a69-19
69-20
(a) A specific description of all69-21
(b) A list of all the liens and69-22
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’s69-25
heirs and69-26
(e) A69-27
directing the transfer of the stocks or bonds or other property if the court69-28
finds the gross value of the estate does not exceed $20,000.69-29
(f) An attached copy of the executed affidavit made pursuant to69-30
subsection 2.69-31
If the court finds that the gross value of the estate does not exceed $20,00069-32
and the person requesting the transfer is entitled to it, the court may69-33
enter an order directing the transfer.69-34
Sec. 269. NRS 147.010 is hereby amended to read as follows: 147.01069-36
shall publish and mail notice to creditors in the manner provided in NRS69-37
155.020.69-38
Sec. 270. NRS 147.020 is hereby amended to read as follows: 147.020 If69-40
dies, resigns or is removed after the expiration of the time for the69-41
publication or mailing of notice to creditors,69-42
give any further notice to creditors.70-1
Sec. 271. NRS 147.030 is hereby amended to read as follows: 147.030 After the notice to creditors has been mailed or published, a70-3
copy ,70-4
with70-5
70-6
Sec. 272. NRS 147.040 is hereby amended to read as follows: 147.040 1.70-8
due or to become due, against the70-9
70-10
mailing70-11
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 to70-13
subsection 5 of NRS 155.020 must file a claim with the clerk within 3070-14
days after the mailing or 90 days after the first publication of notice to70-15
creditors pursuant to NRS 155.020, whichever is sooner.70-16
3. If a claim is not filed with the clerk within70-17
70-18
2, the claim is forever barred, but70-19
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 155.02070-21
actual notice of the administration of the estate, the claim may be filed at70-22
any time before the filing of the final account.70-23
4. The period of 90 days prescribed by this section is reduced to 6070-24
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: 147.050 1. If70-27
representative is a creditor of the decedent70-28
must be filed with the clerk , who must present it for allowance or rejection70-29
to the70-30
evidence of its correctness, and it must be paid as other claims in due70-31
course of administration.70-32
2. If the70-33
70-34
the personal representative as claimant against the estate, and summons70-35
must be served upon the70-36
attorney, at the expense of the estate, to defend the action. If the claimant70-37
fails to recover , he must pay all costs, including70-38
attorney’s fees70-39
Sec. 274. NRS 147.060 is hereby amended to read as follows: 147.060 1. If a judge of the district court files or presents a claim70-41
against70-42
of which is pending before70-43
designate, in writing, some other district judge71-1
71-2
vested with power to approve or reject it.71-3
2. In case of its rejection by the71-4
designated judge, the claimant has the same right to71-5
for its recovery as other persons whose claims are rejected.71-6
Sec. 275. NRS 147.070 is hereby amended to read as follows: 147.070 1.71-8
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 the71-10
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 the71-13
claimant or other affiant.71-14
2. Every claim filed with the clerk must contain the mailing address of71-15
the claimant. Any written notice mailed by71-16
personal representative to the claimant at the address furnished is proper71-17
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 the71-20
affidavit.71-21
4. The oath may be taken before any person authorized to administer71-22
oaths.71-23
5. The amount of interest must be computed and included in the71-24
statement of the claim and the rate of interest determined.71-25
6. Except as otherwise provided in subsection 7, the court may,71-26
71-27
corrected or amended on application made at any time before the filing of71-28
the final account71-29
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 of71-31
human resources to amend at any time before the filing of the final account71-32
a claim for the payment of benefits for Medicaid that the division identifies71-33
after the original claim has been filed.71-34
Sec. 276. NRS 147.080 is hereby amended to read as follows: 147.080 1. If71-36
note or other instrument, the original instrument need not be filed, but a71-37
copy, with all endorsements,71-38
claim and filed therewith.71-39
2. If71-40
71-41
of the mortgage or lien must be attached to the claim and filed71-42
with the clerk.72-1
Sec. 277. NRS 147.090 is hereby amended to read as follows: 147.09072-3
72-4
72-5
72-6
72-7
72-8
72-9
allowed or approved by72-10
72-11
72-12
72-13
representative or by the court. No claim72-14
timely filed is affected by the statute of limitations, pending the72-15
administration of the estate.72-16
Sec. 278. NRS 147.100 is hereby amended to read as follows: 147.10072-18
1. Except as otherwise ordered by the court for good cause shown, an72-19
action or proceeding pending against72-20
of his72-21
72-22
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; and72-26
(c) Within 60 days after notice of rejection is given, the claimant who72-27
is the plaintiff applies to the court in which the action or proceeding is72-28
pending for an order substituting the personal representative in the72-29
action or proceeding. This requirement applies only if the notice of72-30
rejection contains a statement that the claimant has 60 days within which72-31
to apply for an order of substitution.72-32
2. No recovery may be allowed in an action against property in the72-33
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: 147.110 1. Within 15 days after the time for filing claims has72-36
expired, as provided in this chapter, the72-37
personal representative shall examine all claims filed and shall either72-38
endorse on each claim72-39
year thereof, or shall file a notice of allowance or rejection with the date72-40
and the year thereof, and72-41
must be attached to the claim allowed or rejected73-1
73-2
73-3
73-4
73-5
the clerk.73-6
2. If a personal representative refuses or neglects to endorse on a73-7
claim73-8
section, or does not file a notice of allowance or rejection, the claim shall73-9
be deemed rejected, but the73-10
representative may, nevertheless, allow the claim at any time before the73-11
filing of the final account.73-12
73-13
73-14
than 10 days after the rejection, provide written notice of the rejection by73-15
registered mail to all affected creditors.73-16
4. A personal representative need not allow or reject a claim that was73-17
not timely filed unless the court otherwise orders.73-18
Sec. 280. NRS 147.120 is hereby amended to read as follows: 147.120 All claims73-20
representative or the court must be ranked among the acknowledged debts73-21
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: 147.130 1.73-24
73-25
whole or in part, the73-26
73-27
the claimant must bring suit in the proper court against the73-28
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.73-31
73-32
of the rejection of73-33
73-34
2. If a claim filed by the welfare division of the department of human73-35
resources is rejected by the73-36
representative, the state welfare administrator73-37
73-38
rejection, petition the73-39
the claim. A petition for summary determination must be filed with the73-40
clerk ,73-41
be given for the period and in the manner required by NRS 155.010.73-42
Allowance of the claim by the74-1
correctness , and it must be paid as if previously allowed by the74-2
74-3
3. In any74-4
part by the74-5
personal representative, if he resides out of the state74-6
from the state, or cannot, after due diligence, be found within the state, or74-7
conceals himself to avoid the service of summons, the summons, together74-8
with a copy of the complaint, must be mailed directly to the last address74-9
given by74-10
for the estate, and proof of the mailing must be filed with the74-11
74-12
service is the equivalent of personal service upon the74-13
74-14
days from the date of74-15
4. If the74-16
service, the default is sufficient grounds for his removal as74-17
74-18
petition and notice, in the manner provided for an application for letters of74-19
administration, an administrator or an administrator with the will annexed74-20
must be appointed by the court and, upon his qualification as such, letters74-21
of administration or letters of administration with the will annexed must be74-22
issued.74-23
Sec. 282. NRS 147.140 is hereby amended to read as follows: 147.140 The time during which there74-25
administration74-26
this74-27
Sec. 283. NRS 147.150 is hereby amended to read as follows: 147.150 No holder of a claim against an estate74-29
action thereon unless the claim is first filed with the clerk74-30
is rejected in whole or in part, except in the following case: An action may74-31
be brought by the holder of a mortgage74-32
mortgage against the property of the estate subject thereto74-33
recourse against any other property of the estate is expressly waived in the74-34
complaint.74-35
Sec. 284. NRS 147.160 is hereby amended to read as follows: 147.160 1.74-37
74-38
representative who, or a court which, acts upon a filed claim shall74-39
endorse on the claim the amount74-40
74-41
2. If the creditor74-42
allowed in satisfaction of74-43
recover no costs in any action75-1
against the75-2
75-3
Sec. 285. NRS 147.170 is hereby amended to read as follows: 147.170 1. If the75-5
doubts the correctness of any claim filed75-6
representative may enter into an agreement in writing with the claimant to75-7
refer the matter in controversy to some disinterested person, as a master, to75-8
be approved by the court75-9
and approval75-10
The court shall enter an order referring the matter in controversy to the75-11
person so selected75-12
75-13
2. The master must hear and determine the matter and make75-14
75-15
3. The same proceedings75-16
master75-17
compensation and is subject to the same control as in other cases of75-18
reference.75-19
4. The court may remove the master, appoint another ,75-20
set aside or confirm75-21
75-22
of the court thereon75-23
the75-24
commenced by ordinary process .75-25
75-26
75-27
Sec. 286. NRS 147.180 is hereby amended to read as follows: 147.180 1. After the time for the presentation of claims has expired,75-29
the75-30
of the court, may compromise any claim against the estate or any75-31
action brought against the75-32
representative as such by the transfer of specific assets of the estate or75-33
otherwise.75-34
2. To obtain such approval, the75-35
representative shall file a75-36
advantage of the compromise.75-37
3. The clerk shall set the petition for hearing75-38
the personal representative shall give notice thereof75-39
the period and in the manner required by NRS 155.010.75-40
4. If, under this section, the court authorizes the transfer of real75-41
property of the estate, conveyances75-42
76-1
provided in NRS 148.280, and76-2
force and effect as conveyances executed pursuant to that section.76-3
5. A certified copy of the order authorizing the transfer must be76-4
recorded in the office of the recorder of the county in which the real76-5
property, or any portion thereof,76-6
Sec. 287. NRS 147.190 is hereby amended to read as follows: 147.19076-8
against76-9
76-10
the costs must be allowed76-11
76-12
administration, unless it appears that the76-13
which the costs were taxed76-14
the personal representative without cause.76-15
Sec. 288. NRS 147.200 is hereby amended to read as follows: 147.200 1. The effect of76-17
76-18
a claim for money against the estate of76-19
76-20
had been allowed by the76-21
personal representative, and the judgment76-22
76-23
administration, the amount ascertained to be due.76-24
2. A certified copy of the judgment76-25
proceedings.76-26
3. No execution76-27
it create any lien upon the property of the estate, nor give the judgment76-28
creditor any priority of payment.76-29
4. This section does not apply to a judgment of foreclosure of a76-30
mortgage.76-31
Sec. 289. NRS 147.210 is hereby amended to read as follows: 147.210 1.76-33
against the76-34
execution76-35
but a certified copy of the judgment76-36
statement of claim filed with the clerk and76-37
other claim.76-38
2. If an execution has been76-39
76-40
may be sold for the satisfaction76-41
making the sale shall account to the76-42
representative for any surplus in his hands.77-1
3. The lien of an attachment may be converted into the lien of a77-2
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; or77-5
(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: 147.220 All claims paid bear interest from date of filing at a rate equal77-9
to the prime rate at the largest bank in Nevada, as ascertained by the77-10
commissioner of financial institutions, on January 1 or July 1, as the case77-11
may be, immediately preceding the date of filing, plus 2 percent, unless a77-12
different rate is applicable by contract or otherwise. The rate of interest77-13
must be adjusted accordingly on each January 1 and July 1 thereafter until77-14
the amount of the77-15
Sec. 291. NRS 147.230 is hereby amended to read as follows: 147.230 No77-17
representative is chargeable upon any special promise to77-18
liability for damages or to pay the debts of the77-19
77-20
purpose, or some memorandum or note thereof, is in writing and signed by77-21
77-22
other person by him thereunto specially authorized.77-23
Sec. 292. Chapter 148 of NRS is hereby amended by adding thereto77-24
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 convey77-26
or transfer property dies before making the conveyance or transfer, and77-27
the decedent, if living, could have been compelled to make the77-28
conveyance or transfer, the court in which proceedings are pending for77-29
the administration of the estate of the decedent may enter an order77-30
directing the personal representative to convey or transfer the property to77-31
the persons entitled thereto.77-32
Sec. 294. 1. The personal representative, or the person claiming to77-33
be entitled to the conveyance or transfer, may file with the clerk a petition77-34
setting forth the facts upon which the claim is predicated.77-35
2. The clerk shall set the petition for hearing, and the petitioner shall77-36
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 due77-38
notice of the hearing has been given, shall hear the petition and any77-39
objection that has filed or is presented.77-40
2. If the court is satisfied that the conveyance or transfer should be77-41
made, it shall enter an order directing the personal representative to77-42
execute the conveyance or transfer to the person entitled thereto.78-1
3. If the transaction relates to real property, a certified copy of the78-2
order must be recorded with the deed in the office of the county recorder78-3
of the county in which the real property is located.78-4
Sec. 296. 1. The order is prima facie evidence of the correctness of78-5
the proceedings and of the authority of the personal representative to78-6
make the conveyance or transfer, and after its entry, the person entitled78-7
to the conveyance or transfer has a right to the possession of the property78-8
contracted for, and to hold the property according to the terms of the78-9
intended conveyance or transfer, in like manner as if it had been78-10
conveyed or transferred to the order.78-11
2. The personal representative shall execute the conveyance or78-12
transfer according to the directions of the order, and the court may78-13
enforce its execution by process. The conveyance or transfer passes title78-14
to the property contracted for as fully as if the contracting party had78-15
executed it while living.78-16
Sec. 297. If it appears advantageous to the estate to exchange any78-17
property of the estate for other property, the court may authorize the78-18
exchange, upon petition of the personal representative or of an interested78-19
person. The clerk shall set the petition for hearing, and the petitioner78-20
shall give notice of the hearing for the period and in the manner required78-21
by NRS 155.010.78-22
Sec. 298. NRS 148.050 is hereby amended to read as follows: 148.050 In selling property to pay debts,78-24
allowance or expenses, there78-25
real property. When a sale of property of the estate is necessary for any78-26
such purpose, or when it is for the advantage, benefit and best interests of78-27
the estate and78-28
property of the estate be sold, the78-29
representative may sell the78-30
private sale, using his discretion as to which property to sell first, except as78-31
otherwise provided78-32
384 of this act.78-33
Sec. 299. NRS 148.060 is hereby amended to read as follows: 148.060 1. Except as otherwise provided78-35
148.18078-36
all sales of property must be reported to the court and confirmed by the78-37
court before the title to the property passes.78-38
The report and a petition for confirmation of the sale must be made within78-39
30 days after each sale.78-40
2. The clerk shall set the petition for hearing by the court , and the78-41
petitioner shall give notice thereof for the period and in the manner78-42
required by NRS 155.010, or for such a period and in such manner as may78-43
be ordered by the court.79-1
Sec. 300. NRS 148.070 is hereby amended to read as follows: 148.07079-3
may file written objections to the confirmation of the sale and may be heard79-4
thereon, and may produce witnesses in support of79-5
Before an order is made confirming a sale , it must be proved to the79-6
satisfaction of the court that notice of the sale was given as prescribed by79-7
this79-8
proof was made.79-9
Sec. 301. NRS 148.080 is hereby amended to read as follows: 148.08079-11
authority is given in the will to sell the property, the79-12
representative may sell79-13
and with or without notice, as79-14
determine, but79-15
and obtain confirmation79-16
passes unless the sale is confirmed by the court ,79-17
sale, or its advantage or benefit to the estate or79-18
interested persons need not be shown. If directions are given in the will as79-19
to the mode of selling, or the particular property to be sold,79-20
directions must be observed.79-21
Sec. 302. NRS 148.090 is hereby amended to read as follows: 148.090 If the79-23
neglects or refuses to sell any property of the estate when it is necessary or79-24
when it is for the advantage, benefit and best interests of the estate and79-25
79-26
personal representative is directed by the will to sell the79-27
79-28
requiring the79-29
The clerk shall set the petition for hearing by the court, and the petitioner79-30
shall give notice79-31
the personal representative by citation served at least 5 days before the79-32
hearing.79-33
Sec. 303. NRS 148.100 is hereby amended to read as follows: 148.100 If there is79-35
the79-36
sale by which79-37
suffers damage, the person aggrieved may recover79-38
an action upon the bond of the79-39
representative or otherwise.79-40
Sec. 304. NRS 148.110 is hereby amended to read as follows: 148.110 1. The79-42
may enter into a written contract with any bona fide agent, broker , or79-43
multiple group of agents or brokers to secure a purchaser for any real80-1
property of the estate, and by that contract , the80-2
personal representative may grant an exclusive right to sell and shall80-3
provide for the payment to the agent, broker , or multiple group of agents80-4
or brokers, out of the proceeds of a sale to any purchaser secured pursuant80-5
to the contract, of a commission, the amount of which must be fixed and80-6
allowed by the court upon confirmation of the sale.80-7
confirmed to the purchaser , the contract is binding and valid as against the80-8
estate for the amount so allowed by the court.80-9
2. By the execution of any such contract no personal liability80-10
80-11
representative, and no liability of any kind is incurred by the estate unless80-12
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: 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 the80-19
highest bid. Upon confirmation, the real estate commission80-20
divided between the listing agent and the agent, if any, who procured the80-21
purchaser to whom the sale was confirmed, in accordance with the listing80-22
agreement.80-23
Sec. 306. NRS 148.130 is hereby amended to read as follows: 148.130 1.80-25
is subject to a mortgage80-26
against the estate, the purchase money must be applied , after paying the80-27
necessary expenses of the sale80-28
(a) First, to the payment and satisfaction of the mortgage80-29
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 the80-32
mortgage80-33
the property is subject to80-34
other lien until the purchase money has been80-35
Sec. 307. NRS 148.140 is hereby amended to read as follows: 148.140 The purchase money, or so much thereof as80-37
sufficient to pay80-38
with interest, and any lawful costs and charges thereon, may be paid to the80-39
clerk80-40
whereupon the mortgage80-41
80-42
clerk80-43
in satisfaction of the obligation81-1
81-2
returned to81-3
for good cause shown, after notice to the executor or administrator, the81-4
court otherwise directs.81-5
Sec. 308. NRS 148.150 is hereby amended to read as follows: 148.150 At81-7
is a mortgage81-8
purchaser, and81-9
the proceeds of the sale is a payment pro tanto.81-10
Sec. 309. NRS 148.160 is hereby amended to read as follows: 148.160 1.81-12
personal representative may sell the equity of the estate in any property81-13
which is subject to81-14
the81-15
81-16
prescribed in this chapter for the sale of like property.81-17
2.81-18
the mortgage or lien, no such sale81-19
holder of the claim ,81-20
filed in the matter of the estate,81-21
liability upon the claim.81-22
Sec. 310. NRS 148.170 is hereby amended to read as follows: 148.170 Perishable property and other personal property which will81-24
depreciate in value if not disposed of promptly, or which will incur loss or81-25
expense by being kept, and so much other personal property as may be81-26
necessary to provide the family allowance pending the receipt of other81-27
sufficient81-28
passes without confirmation ,81-29
81-30
the property unless81-31
81-32
the sale before the closing of the estate.81-33
Sec. 311. NRS 148.180 is hereby amended to read as follows: 148.180 1.81-35
81-36
81-37
81-38
81-39
81-40
81-41
81-42
81-43
82-1
the devisees or heirs to whom the securities are to be distributed, the82-2
securities may be sold without notice, and title passes without82-3
confirmation, if the securities are sold upon an established securities82-4
exchange.82-5
2. All other securities may be sold upon obtaining an order of the82-6
court. Upon the filing of a petition requesting such an order, the clerk82-7
shall set the matter for hearing and the petitioner shall give notice for the82-8
period and in the manner required by NRS 155.010, but the court may82-9
shorten the period or dispense with notice.82-10
Sec. 312. NRS 148.190 is hereby amended to read as follows: 148.190 1. Except as otherwise provided82-12
148.170 and 148.180 and in summary administration under chapter 145 of82-13
NRS,82-14
personal property of the estate only after82-15
82-16
published in a newspaper published in the county where the proceedings82-17
are pending, if there is such a newspaper82-18
general circulation in the county82-19
publications 1 week apart, before the day of the sale or, in the case of a82-20
private sale, before the day on or after which the sale is to be made. For82-21
good cause shown, the court may decrease the number of publications to82-22
one and shorten the time for publication to a period not less than 8 days.82-23
The notice shall include82-24
of the property to be sold82-25
and a day on or after which the sale will be made.82-26
2. Public sales82-27
other public place, at the residence of the decedent or at a place designated82-28
by the82-29
may be made of any personal property which is not82-30
inspection at the time of sale, unless the court82-31
otherwise orders.82-32
Sec. 313. NRS 148.200 is hereby amended to read as follows: 148.200 Personal property may be sold for cash82-34
Sec. 314. NRS 148.220 is hereby amended to read as follows: 148.220 1. Notice of the time and place of sale of real property must82-36
be published in a newspaper published in the county in which the82-37
property, or some portion82-38
is one so published82-39
82-40
week apart, before the day of sale82-41
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 shorten82-43
the time for publication to a period not less than 8 days.83-1
2.83-2
that the value of the property to be sold does not exceed83-3
83-4
representative may dispense with the publication83-5
post a notice of the time and place of sale in83-6
places in the county83-7
83-8
sale83-9
sale is to be made.83-10
3. The property proposed to be sold must be described with common83-11
certainty in the notice.83-12
Sec. 315. NRS 148.230 is hereby amended to read as follows: 148.230 1.83-14
county in which the83-15
it is located in two or more counties, it may be sold in either. The sale must83-16
be made between the hours of 9 a.m. and83-17
83-18
unless the83-19
2. If, at the time appointed for the sale, the83-20
83-21
representative determines that the83-22
83-23
83-24
given by a public declaration at the time and place first appointed for the83-25
sale.83-26
Sec. 316. NRS 148.240 is hereby amended to read as follows: 148.240 1.83-28
must state a place where bids or offers will be received, and a day on or83-29
after which the sale will be made, which83-30
83-31
sale83-32
within 1 year thereafter ,83-33
interests of the estate, the court83-34
number of publications and shorten the time of notice, which83-35
not, however, be less than83-36
may be made on or after a day less than83-37
days83-38
case the notice of sale and the sale may be made to correspond with83-39
the order.83-40
2. The bids or offers must be in writing, and may be left at the place83-41
designated in the notice or delivered to the83-42
84-1
84-2
after the first publication or posting of the notice and before the making of84-3
the sale.84-4
Sec. 317. NRS 148.260 is hereby amended to read as follows: 148.26084-6
1. Except as otherwise provided in subsection 2, no sale of real84-7
property at private sale84-8
court is satisfied that the sum offered represents the fair market value of the84-9
property sold, nor unless84-10
1 year84-11
new appraisement must be had, as in the case of an original appraisement of84-12
an estate. This may be done at any time before the sale or confirmation84-13
thereof.84-14
2. If the personal representative is the sole devisee or heir of the84-15
estate, or if all devisees or heirs consent in writing to sale without an84-16
appraisal, the requirement of an appraisal may be dispensed with and the84-17
personal representative may rely on the assessed value of the property for84-18
taxation in obtaining confirmation of the sale.84-19
Sec. 318. NRS 148.270 is hereby amended to read as follows: 148.270 1.84-21
shall consider the necessity for the sale, or the advantage, benefit and84-22
interest of the estate in having the sale made, and must examine the return84-23
and84-24
2. If it appears to the court that good reason existed for the sale, that84-25
the sale was legally made and fairly conducted, and complied with the84-26
requirements of NRS 148.260, that the sum bid is not disproportionate to84-27
the value, and it does not appear that a sum exceeding the bid by at least 584-28
percent if the bid is not more than $100,000, or by at least $5,000 if the bid84-29
is $100,000 or more, may be obtained, the court shall84-30
confirming the sale and directing conveyances to be executed84-31
otherwise, it shall vacate the sale .84-32
If the court directs that the property be resold, notice must be given and84-33
the sale in all respects conducted as if no previous sale had taken place.84-34
3.84-35
that named in the return is made to the court by a responsible person, as84-36
provided in subsection 2, and the bid complies with all provisions of the84-37
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 the84-40
sale, the court may continue the hearing if it finds that the original84-41
bidder was not notified of the hearing and might desire to increase his84-42
bid, but failure to notify the original bidder or to continue the hearing is84-43
not grounds to void an order confirming a sale.85-1
Sec. 319. NRS 148.280 is hereby amended to read as follows: 148.280 1.85-3
conveyance must be executed to the purchaser by the85-4
85-5
refer to the order confirming sale and85-6
85-7
office of the recorder of the county in which the85-8
portion thereof85-9
2.85-10
the right, title, interest and estate of the decedent in the85-11
at the time of his death ,85-12
law or otherwise, the estate has acquired any right, title or interest in the85-13
85-14
time of his death,85-15
85-16
Sec. 320. NRS 148.290 is hereby amended to read as follows: 148.290 1. If a sale is made upon85-18
85-19
the purchaser for the unpaid portion of the purchase money, with a85-20
mortgage85-21
2. The mortgage85-22
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: 148.300 If, after the confirmation, the purchaser neglects or refuses to85-25
comply with the terms of the sale, the court, on motion of the85-26
85-27
may vacate the order of confirmation and order a resale of the property. If85-28
the amount realized on85-29
expenses of the previous sale,85-30
the deficiency.85-31
Sec. 322. NRS 148.310 is hereby amended to read as follows: 148.31085-33
fraudulently sells any real property of a decedent contrary to or otherwise85-34
than under the provisions of this85-35
value of the85-36
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: 148.320 The periods of limitation prescribed in NRS 11.27085-39
apply to all actions for the recovery of any property sold by85-40
85-41
of this86-1
Sec. 324. NRS 148.330 is hereby amended to read as follows: 148.330 If a decedent, at the time of86-3
party to a contract for the purchase of86-4
interest in86-5
86-6
manner as if86-7
the same proceedings may be had for that purpose as are prescribed in this86-8
chapter for the sale of property of which he died seised, except as86-9
86-10
Sec. 325. NRS 148.340 is hereby amended to read as follows: 148.340 1. The sale must be made subject to all payments which are86-12
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 the86-14
purchaser executes a bond to the86-15
representative for the benefit and indemnity of himself and of the persons86-16
entitled to the interest of the decedent in the86-17
for, in double the whole amount of payments then due and thereafter to86-18
become due on the contract, with such sureties as the court86-19
86-20
2. The bond must be conditioned that the purchaser will make all86-21
payments for the property which are then due or which become due after86-22
the date of the sale, and will fully indemnify the86-23
personal representative and the persons so entitled against all demands,86-24
cost, charges and expenses by reason of any covenant or agreement86-25
contained in the contract.86-26
3. A bond need not be given86-27
the estate upon the contract and time for filing or presenting claims has86-28
expired, nor86-29
acknowledged instrument filed in the matter of the estate,86-30
the estate from all liability upon the claim.86-31
Sec. 326. NRS 148.350 is hereby amended to read as follows: 148.350 Upon the confirmation of the sale, the86-33
86-34
an assignment of the contract, which vests in the purchaser,86-35
heirs and assigns86-36
estate, or of the persons entitled to the interest of the decedent, in the86-37
property sold at the time of the sale, and the purchaser has the same rights86-38
and remedies against the86-39
decedent would have had if86-40
Sec. 327. NRS 148.360 is hereby amended to read as follows: 148.360 1. To enter into an agreement to sell or to give an option to86-42
purchase a mining claim ,86-43
belonging to the estate of a decedent, the87-1
87-2
person, shall file a87-3
stating the terms and general conditions of the proposed agreement or87-4
option, showing the advantage or advantages that may accrue to the estate87-5
from entering into it, and87-6
directing its execution.87-7
2. The clerk shall set the petition for hearing87-8
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: 148.370 1. At the time appointed, the court, upon proof that due87-12
notice of the hearing has been given, shall proceed to hear the petition and87-13
any objection thereto that may have been filed or presented ,87-14
a87-15
estate to enter into the proposed agreement, it shall87-16
87-17
representative to enter into87-18
the option to purchase.87-19
2. The order may prescribe the terms and conditions of the agreement87-20
or option.87-21
3. A certified copy of the order87-22
of the county recorder of every county in which the87-23
by the agreement or option, or any portion thereof,87-24
Sec. 329. NRS 148.380 is hereby amended to read as follows: 148.380 1.87-26
order must fix the amount of such additional bond as87-27
determines should be given by the87-28
87-29
proceeds from the agreement or option until the bond is given and87-30
approved.87-31
2. When the order is87-32
personal representative shall execute, acknowledge and deliver an87-33
agreement or option to purchase containing the conditions specified in the87-34
order and setting forth therein that it is made by authority of the order, and87-35
giving the date of the order.87-36
Sec. 330. NRS 148.390 is hereby amended to read as follows: 148.390 If the purchaser or option holder neglects or refuses to comply87-38
with the terms of the agreement or option, the court, on87-39
87-40
after notice to the purchaser or option holder, shall87-41
canceling the agreement or option87-42
cancellation does not affect any liability88-1
Sec. 331. NRS 148.400 is hereby amended to read as follows: 148.40088-3
to purchase have been complied with by the purchaser or option holder, and88-4
all payments have been made according to the terms thereof, the88-5
88-6
88-7
88-8
an order made by the court confirming or refusing to confirm the88-9
proceedings and conveyances executed, in the same manner and with like88-10
effect as in the case of the sale of88-11
Sec. 332. Chapter 149 of NRS is hereby amended by adding thereto a88-12
new section to read as follows:88-13
1. The personal representative or an interested person may petition88-14
the court to enter an order:88-15
(a) If the decedent died in possession of, or holding title to, property88-16
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 holds88-18
title to or is in possession of the property.88-19
2. The petition must state the facts upon which it is based and the88-20
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 and88-22
the petitioner shall give notice of the hearing, at least 30 days before the88-23
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 or88-26
possession of the property, and any other person whose right, title or88-27
interest in or to the property would be affected by the granting of the88-28
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 the88-31
petition, for discovery, or for other preparation for the hearing, and the88-32
court may grant a continuance for a reasonable time.88-33
5. The court shall not grant a petition under this section if it88-34
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 property88-36
which is the subject of the petition may, at or before the hearing, object88-37
to the hearing if the petition is filed in a court which is not the proper88-38
court under other law for the trial of a civil action seeking the same relief88-39
and, if the ground for the objection is established, the court shall not88-40
grant the petition.88-41
7. If a civil action is pending with respect to the subject matter of the88-42
petition and jurisdiction was obtained in the court where that action is88-43
pending before the petition was filed, upon request of a party to the civil89-1
action, the court shall stay action on the petition until the conclusion of89-2
the civil action, but the court need not stay action if it determines that the89-3
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 is89-5
satisfied that a conveyance, transfer, delivery or other disposition should89-6
be made, the court shall enter an order directing the personal89-7
representative or other person having title to or possession of the property89-8
to convey, transfer or deliver it to the person entitled thereto or granting89-9
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 the89-12
proceedings and of the personal representative or other person to execute89-13
the conveyance or transfer.89-14
(b) The person entitled under the order has the right to possession of89-15
the property, and the right to hold the property, according to the terms of89-16
the order as if the property had been conveyed or transferred.89-17
(c) The personal representative or other person to whom the order is89-18
directed shall execute the conveyance or transfer according to the terms89-19
of the order.89-20
(d) A conveyance or transfer by the personal representative passes title89-21
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: 149.010 1.89-24
advantage of the estate to borrow money upon a note or notes,89-25
unsecured or to be secured by a security agreement or other lien upon the89-26
personal property of the decedent89-27
by a mortgage89-28
or any part thereof, or to mortgage or89-29
create a security interest or other lien upon89-30
thereof, in order to pay the debts of the decedent, or89-31
expenses or charges of administration, or to pay, reduce, extend or renew89-32
89-33
89-34
occasion89-35
court may89-36
personal representative to borrow the money and to execute such note or89-37
notes89-38
or to give other security by way of security interest or other lien, or may89-39
authorize, in a proper case, the execution of an extension agreement.89-40
2.89-41
interest in real or personal property, and it89-42
the advantage of the estate to borrow money in order to improve, utilize,89-43
operate or preserve90-1
co-owners, or in order to pay, reduce, extend or renew some security90-2
interest or agreement, lien90-3
90-4
undivided interest or interests therein, the court may90-5
90-6
borrow the money required for90-7
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 such90-9
joint and several note or notes as may be necessary, and to join with the90-10
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 such90-12
security agreement, lien90-13
be required to secure the payment of90-14
90-15
90-16
Sec. 334. NRS 149.020 is hereby amended to read as follows: 149.020 1. The90-18
90-19
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 or90-26
subjected to90-27
2. The clerk shall set the petition for hearing90-28
the petitioner shall give notice of the hearing90-29
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: 149.030 1. At the time appointed, the court, upon proof that due90-32
notice of the hearing has been given, shall proceed to hear the petition and90-33
any objection90-34
after a90-35
the estate, it shall90-36
90-37
and to execute90-38
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 the90-41
petition be borrowed, and may prescribe the maximum rate of interest and90-42
the period of the loan,90-43
91-1
be paid, from time to time, out of the whole estate or any part thereof, and91-2
that the personal property to be subject to the security agreement or other91-3
lien, or any91-4
91-5
the lender, and the premiums paid from the assets of the estate.91-6
3. A certified copy of the order91-7
of the county recorder of every county in which the91-8
by the order, or any portion thereof,91-9
Sec. 336. NRS 149.040 is hereby amended to read as follows: 149.040 The91-11
execute, acknowledge and deliver the mortgage91-12
security, as directed, setting forth therein that it is made by authority of the91-13
order, giving the date of the order. The note or notes and mortgage91-14
91-15
91-16
personal liability against91-17
Sec. 337. NRS 149.050 is hereby amended to read as follows: 149.050 1.91-19
91-20
security agreement91-21
which the decedent had in the property described therein at the time of his91-22
death or91-23
property acquired by the estate of91-24
or otherwise, since the time of his death.91-25
2. Jurisdiction of the court to administer the estate of91-26
91-27
91-28
agreement91-29
and the jurisdiction conclusively inures to the benefit of the mortgagee91-30
named in the mortgage91-31
agreement91-32
91-33
3. No omission, error or irregularity in the proceedings91-34
91-35
91-36
pursuance thereof, and the mortgagee91-37
91-38
secured party, have and possess the same rights and remedies on the note91-39
or notes91-40
had been made by the decedent91-41
upon any foreclosure or sale under the mortgage91-42
91-43
insufficient to pay the note or notes, the mortgage92-1
,92-2
may be had or allowed92-3
92-4
given to pay, reduce, extend or renew a lien92-5
security agreement92-6
death of the decedent and the indebtedness secured thereby was an allowed92-7
and approved claim against the estate, in which case the part of the92-8
indebtedness remaining unsatisfied must be classed and paid with other92-9
allowed claims against the estate.92-10
Sec. 338. NRS 149.060 is hereby amended to read as follows: 149.06092-12
of the estate to lease any real property of the decedent, and as often as92-13
occasion92-14
court may92-15
representative to execute92-16
Sec. 339. NRS 149.070 is hereby amended to read as follows: 149.070 1. To obtain such an order the92-18
92-19
interested person shall file a92-20
accrue from giving the lease, a general description of the property proposed92-21
to be leased, and the term, rental and general conditions of the proposed92-22
lease.92-23
2. The clerk shall set the petition for hearing92-24
and the petitioner shall give notice of the hearing92-25
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: 149.080 1. At the time appointed, the court shall hear the petition and92-28
any objection92-29
satisfied that it will be to the advantage of the estate, it shall92-30
an order92-31
92-32
2. The order92-33
the period of the lease, which92-34
authorize, except as otherwise92-35
respect to a lease for the purpose of production of minerals, oil, gas or92-36
other hydrocarbon substances or natural steam.92-37
3. The order may authorize other terms and conditions, including, with92-38
respect to a lease for the purpose of production of minerals, oil, gas, or92-39
other hydrocarbon substances or natural steam, a provision for the payment92-40
of rental and royalty to a depositary, and for the appointment of a common92-41
agent to represent the interest of all the lessors, and, if the lease is for the92-42
purpose of production of oil, gas or other hydrocarbon substances or92-43
natural steam, including a provision for the payment of a compensatory93-1
royalty in lieu of rental and in lieu of drilling and producing operations on93-2
the93-3
empowering the lessee to enter into any agreement with lessees, operators93-4
or owners of other93-5
cooperative development and operation of all or parts of the field of which93-6
the leased93-7
all or parts of the field as a unit.93-8
4. If the lease covers additional property owned by other persons or an93-9
undivided interest of the decedent, or other interest of the decedent less93-10
than the entire ownership in the property, it may provide for division of93-11
rental and royalty in the proportion that the93-12
each owner bears to the total area of the93-13
covered by93-14
5. A lease for the purpose of production of minerals, oil, gas or other93-15
hydrocarbon substances or natural steam may be for a fixed period, and so93-16
long thereafter as minerals, oil, gas or other hydrocarbon substances or93-17
natural steam are produced in paying quantities from the property leased or93-18
mining or drilling operations are conducted thereon, and, if the lease93-19
provides for the payment of a compensatory royalty, so long as93-20
compensatory royalty is paid, and, if the93-21
lease is included in an agreement with lessees, operators or owners of other93-22
93-23
area including the leased93-24
hydrocarbon substances or natural steam are produced in paying quantities93-25
from any of the93-26
operations are conducted thereon.93-27
6. A certified copy of the order93-28
of the county recorder of every county in which the leased93-29
or any portion thereof,93-30
Sec. 341. NRS 149.090 is hereby amended to read as follows: 149.090 1. The93-32
shall execute, acknowledge and deliver the lease as directed, setting forth93-33
therein that it is made by authority of the order, giving the date of the order.93-34
2.93-35
93-36
the conditions therein prescribed.93-37
3. Jurisdiction of the court to administer the estate of the decedent93-38
93-39
order for the lease, and93-40
jurisdiction conclusively inures to the benefit of the lessee, his heirs,93-41
successors and assigns.94-1
4. No94-2
94-3
lease made in pursuance thereof.94-4
Sec. 342. NRS 149.100 is hereby amended to read as follows: 149.10094-6
may lease94-7
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 thereto94-9
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 designates94-11
property to be appropriated, for the payment of debts, the expenses of94-12
administration or family allowances, they must be paid according to that94-13
provision or out of the property thus appropriated, to the extent that the94-14
provision or property is sufficient.94-15
2. To the extent the provision or property is insufficient, any portion94-16
of the estate not disposed of by the will must be appropriated for that94-17
purpose. To the extent that is not sufficient, the property given to94-18
residuary devisees, and thereafter all other property devised, is liable for94-19
those obligations in proportion to the value or amount of the respective94-20
devises, but specific devises are exempt from that liability if exemption94-21
appears to the court necessary to carry out the intent of the testator and94-22
there is other sufficient property.94-23
Sec. 345. Until all remaining property is delivered pursuant to an94-24
order of final distribution, a personal representative shall file with the94-25
court, annually, an account showing the income he has received, what94-26
expenditures he has made, what property has been disbursed, or sold and94-27
at what price, and the nature and value of the property remaining on94-28
hand.94-29
Sec. 346. A supplementary account of any receipts and94-30
disbursements by the personal representative since the filing of his final94-31
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 the94-33
supplementary account, together with an estimate of the expense of94-34
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 supplementary94-36
account.94-37
Sec. 347. NRS 150.010 is hereby amended to read as follows: 150.010 The94-39
must be allowed all necessary expenses in the94-40
94-41
for94-42
94-43
other provision for the compensation of95-1
representative, this shall be deemed a full compensation for95-2
services, unless the95-3
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: 150.020 1.95-6
95-7
must be allowed95-8
has been accounted for95-9
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 same95-14
the personal representative if there is no will.95-15
3. If there are two or more95-16
representatives, the compensation must be apportioned among them by the95-17
court according to the services actually rendered by each.95-18
95-19
95-20
95-21
Sec. 349. NRS 150.030 is hereby amended to read as follows: 150.030 Such further allowances may be made as the court95-23
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 estate95-27
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 of95-30
the court.95-31
6. Such other litigation or special services as may be necessary for the95-32
95-33
perform.95-34
Sec. 350. NRS 150.040 is hereby amended to read as follows: 150.04095-36
95-37
an heir or devisee for a higher compensation than that allowed by NRS95-38
150.020 and 150.03095-39
Sec. 351. NRS 150.050 is hereby amended to read as follows: 150.050 1.95-41
personal representative, at any time after the issuance of letters95-42
95-43
persons96-1
96-2
96-3
2. On the hearing, the court shall96-4
such portion of96-5
time, as the court deems proper, and the portion so allowed may be96-6
96-7
Sec. 352. NRS 150.060 is hereby amended to read as follows: 150.060 1. Attorneys for96-9
96-10
compensation for their services, to be paid out of the decedent’s estate. The96-11
amount must be fixed by agreement between the96-12
96-13
approval by the court, after96-14
provided in subsection 2. If the96-15
96-16
agreement, or if the attorney is also the96-17
96-18
and allowed by the court. The96-19
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; and96-25
(e) Other information considered to be relevant to a determination of96-26
entitlement.96-27
2. The96-28
petitioner shall give notice of96-29
96-30
personal representative if he is not the96-31
known heirs96-32
devisees in a will proceeding. The notice must be96-33
96-34
in the manner provided in NRS 155.010. If a complete copy of the96-35
96-36
statement of the amount of the fee which the court will be requested to96-37
approve or allow.96-38
3. On similar96-39
make an allowance to an attorney for services rendered up to a certain time96-40
during the proceedings.96-41
4.96-42
to96-43
objections must be considered at the hearing.97-1
5. Except as otherwise provided in this subsection, an attorney for97-2
minor, absent , unborn, incapacitated or nonresident heirs is entitled to97-3
compensation primarily out of the estate of the distributee so represented97-4
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 the97-6
attorney for the minor, absent , unborn, incapacitated or nonresident heirs97-7
was of value to the decedent’s entire estate as such and not of value only to97-8
97-9
or part of the attorney’s fee be paid to the attorney out of the97-10
of the decedent’s entire estate as a general97-11
expense of the estate. The amount of these fees must be determined in the97-12
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: 150.070 1.97-15
97-16
97-17
that comes into the possession of the personal representative at the value97-18
of the appraisement contained in the inventory, except as otherwise97-19
provided in this Title, and97-20
the estate.97-21
2.97-22
not accountable for any debts due the deceased that remain uncollected97-23
without his fault.97-24
3.97-25
nor suffer loss by the decrease or destruction of any part of the estate97-26
without his fault.97-27
excess when97-28
97-29
than97-30
representataive is not responsible for the loss if the sale has been made97-31
according to law.97-32
Sec. 354. NRS 150.080 is hereby amended to read as follows: 150.08097-34
97-35
97-36
97-37
with the clerk97-38
97-39
97-40
name of each claimant, the nature of his claim, when it became due or will97-41
become due, whether it was allowed or rejected by him , or not yet acted97-42
upon.97-43
98-1
98-2
98-3
98-4
98-5
Sec. 355. NRS 150.100 is hereby amended to read as follows: 150.100 1. If the98-7
fails to98-8
in NRS98-9
issue requiring98-10
time to be stated in the citation, as fixed by the court ,98-11
and show cause why98-12
compelled to file the account.98-13
2. If98-14
time stated, or show cause why98-15
other proper process, may compel98-16
such an account or may revoke98-17
the letters, or both, and like action may be98-18
subsequent account98-19
required to file.98-20
Sec. 356. NRS 150.110 is hereby amended to read as follows: 150.110 1.98-22
has been sold or there98-23
available for the payment of all debts due by the estate, and the estate98-24
is in a proper condition to be closed, the98-25
98-26
98-27
2. If98-28
file a final account , the same proceedings may be had as prescribed in this98-29
chapter in regard to the first account to be filed by98-30
representative, and all the provisions relative to the first account, and the98-31
notice and settlement thereof ,98-32
settlement.98-33
Sec. 357. NRS 150.120 is hereby amended to read as follows: 150.12098-35
98-36
any reason,98-37
account, at the instance of the person succeeding to the administration of98-38
the same estate, in like manner as98-39
have been by any interested person98-40
98-41
Sec. 358. NRS 150.130 is hereby amended to read as follows: 150.130 1. If98-43
representative dies or becomes99-1
accounts may be presented to the court by99-2
or guardian99-3
99-4
former personal representative. Upon petition of99-5
99-6
decedent or incapacitated personal representative, the court shall compel99-7
the personal representative or guardian99-8
99-9
.99-10
account as in other cases.99-11
2. In the absence of a personal representative or guardian of the99-12
99-13
incapacitated personal representative, the court may compel99-14
99-15
attorney to file an account of the administration99-16
99-17
information or records available99-18
the attorney need not be verified. A fee99-19
by the court for this extraordinary service.99-20
Sec. 359. NRS 150.140 is hereby amended to read as follows: 150.140 If the99-22
99-23
diligence, he cannot be found , so that a citation cannot be personally99-24
served, and99-25
account within 20 days after the time fixed for that purpose,99-26
99-27
Sec. 360. NRS 150.150 is hereby amended to read as follows: 150.150 1.99-29
99-30
99-31
99-32
99-33
99-34
99-35
99-36
99-37
99-38
99-39
99-40
99-41
99-42
100-1
100-2
vouchers with the court to substantiate payments made in the100-3
administration of the estate, but shall retain possession of the vouchers100-4
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 good100-6
cause by an interested person, may order production for examination100-7
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 be100-9
produced on settlement of an account, the payment may be proved by the100-10
oath of one competent witness. If it is proven that vouchers for any100-11
disbursements have been lost or destroyed, that it is impossible to obtain100-12
duplicates, and that the100-13
legal charges against the estate, the100-14
personal representative must be allowed100-15
100-16
100-17
100-18
100-19
100-20
100-21
100-22
100-23
100-24
expenses.100-25
Sec. 361. NRS 150.160 is hereby amended to read as follows: 150.160 1.100-27
100-28
thereof is filed, the clerk shall set the petition for hearing and the100-29
petitioner shall give notice for the period and in the manner required by100-30
NRS 155.010.100-31
2. If the account is for a final settlement and a petition for the final100-32
distribution of the estate is filed with the account, the notice of settlement100-33
must so state, and on the settlement of the account, distribution of the estate100-34
to those entitled thereto may be100-35
possible.100-36
Sec. 362. NRS 150.170 is hereby amended to read as follows: 150.170 1.100-38
may appear and file written100-39
contest100-40
2. Upon the hearing, the100-41
representative may be examined100-42
concerning the account and the property and effects of the decedent and100-43
the disposition thereof.101-1
3. All matters, including allowed claims, not101-2
addressed in the settlement of any former account , and not reduced to101-3
judgment, may be contested for cause shown.101-4
Sec. 363. NRS 150.180 is hereby amended to read as follows: 150.180 1. If101-6
legally appointed guardian, the court may appoint101-7
attorney to represent him who101-8
account as any other interested person101-9
2. The court may also appoint an attorney to represent unborn,101-10
incapacitated or absent heirs and devisees .101-11
3. All matters, including allowed claims not101-12
addressed in the settlement of any former account, or101-13
in entering an order of sale, may be contested by interested101-14
persons for cause shown.101-15
4.101-16
101-17
101-18
101-19
Sec. 364. NRS 150.190 is hereby amended to read as follows: 150.190 No account101-21
first proved that the notice required by this chapter has been given, and the101-22
order101-23
satisfaction of the court .101-24
the fact.101-25
Sec. 365. NRS 150.200 is hereby amended to read as follows: 150.200101-27
allowance101-28
interested person ,101-29
appear to the court to be correct and according to law, the court101-30
allow and confirm the account.101-31
Sec. 366. NRS 150.210 is hereby amended to read as follows: 150.210101-33
becomes final, is conclusive against all interested persons101-34
101-35
has the right to move for cause to reopen and examine the account, or to101-36
proceed by action against the101-37
representative or his sureties at any time before final distribution ,101-38
in any such action101-39
correctness of the account.101-40
Sec. 367. NRS 150.220 is hereby amended to read as follows: 150.220 The debts and charges of the estate must be paid in the101-42
following order:101-43
1. Expenses of administration.102-1
2. Funeral expenses.102-2
102-3
102-4
4. Family allowance.102-5
102-6
102-7
of the payment of benefits for Medicaid.102-8
102-9
for work done or personal services rendered within 3 months before the102-10
death of the employer. If there is not sufficient money with which to pay all102-11
such labor claims in full, the money available must be distributed among102-12
the claimants in accordance with the amounts of their respective claims.102-13
102-14
mortgages in order of their date. The preference given to a mortgage102-15
102-16
proceeds of102-17
part remaining unsatisfied must be classed with other demands against the102-18
estate.102-19
102-20
Sec. 368. NRS 150.230 is hereby amended to read as follows: 150.230 1. The102-22
shall, as soon as102-23
available, upon receipt of a sworn statement of the amount due and without102-24
any formal action upon creditors’ claims, pay the funeral expenses, the102-25
expenses of the last102-26
the102-27
resources as a result of payment of benefits for Medicaid and wage claims102-28
to the extent of $600 of each employee of the decedent for work done or102-29
personal services rendered within 3 months before the death of the102-30
employer, but102-31
administration.102-32
2.102-33
debt or any102-34
3.102-35
order, pay any of the decedent’s debts amounting to $500 or less if:102-36
(a) Claims for payment thereof102-37
proceedings;102-38
(b) The debts are102-39
(c) The estate is solvent.102-40
In settling the account of the estate, the court shall allow any such payment102-41
if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise,102-42
the102-43
to any person sustaining loss or damage as a result of103-1
4. Funeral expenses and expenses of a last103-2
payable out of the estate of the103-3
charged to the community share of a surviving spouse, whether or not the103-4
surviving spouse is financially able to pay103-5
whether or not the surviving spouse or any other person is also liable103-6
therefor.103-7
Sec. 369. NRS 150.235 is hereby amended to read as follows: 150.235103-9
by103-10
the103-11
or other property which103-12
estate, or in which103-13
103-14
distributed to the trustee or other person entitled thereto, belong to the103-15
estate and may be applied to payment of the debts, expenses and charges of103-16
the estate unless the will otherwise directs.103-17
Sec. 370. NRS 150.240 is hereby amended to read as follows: 150.240 1. Upon the settlement of any account of the103-19
103-20
claims has expired, the court shall order the payment of the debts as the103-21
circumstances of the estate permit. If there103-22
money to pay all of the debts, the order103-23
paid to each creditor.103-24
2. No creditor of any one class103-25
all those of a preferred class are fully paid ,103-26
insufficient to pay all debts of any one class, each creditor of that class103-27
must be paid a dividend in proportion to103-28
3. If the property of the estate is exhausted by the payment ordered,103-29
103-30
the103-31
to his discharge103-32
103-33
Sec. 371. NRS 150.250 is hereby amended to read as follows: 150.250 1. If there is103-35
disputed claims against the estate, the amount thereof, or such part of the103-36
103-37
established or absolute, must be paid103-38
remain, to be paid over to the holder when103-39
thereto103-40
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 appears103-42
and assents to a deduction therefrom of the legal interest for the time the103-43
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 made104-2
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: 150.260 1.104-5
court for the payment of creditors, the104-6
personal representative is personally liable to each creditor for the amount104-7
of his claim, or the dividends thereon, and execution may be issued upon104-8
104-9
creditor, and the same proceedings may be had under the execution as if it104-10
had been issued upon a judgment.104-11
2. The104-12
representative is also liable on his bond to each creditor.104-13
Sec. 373. NRS 150.270 is hereby amended to read as follows: 150.270104-15
personal representative have been settled and an order104-16
the payment of debts and distribution of the estate, no creditor whose claim104-17
was not included in the order for payment has any right to call upon the104-18
creditors who have been paid, nor upon the heirs104-19
devisees to contribute to the payment of104-20
104-21
notice to creditors, as prescribed by law,104-22
on the bond of the104-23
amount for which104-24
Sec. 374. NRS 150.280 is hereby amended to read as follows: 150.280 1.104-26
estate have been paid, and the estate is in a condition to be closed, the court104-27
shall104-28
distribution of the estate among those entitled as provided in chapter 151 of104-29
NRS.104-30
2. If the estate is not in a condition to be closed, the court shall104-31
104-32
the estate among those entitled at such time as it thereafter may be in a104-33
condition to be closed.104-34
Sec. 375. NRS 150.290 is hereby amended to read as follows: 150.290 NRS 150.290 to104-36
150.380, inclusive, may be cited as the Federal Estate Tax Apportionment104-37
Law.104-38
Sec. 376. NRS 150.300 is hereby amended to read as follows: 150.300104-40
NRS 150.290 to104-41
104-42
104-43
105-1
1. "Gross estate" or "estate" means all property included for federal105-2
estate tax purposes in determining the federal estate tax pursuant to the105-3
federal estate tax law.105-4
105-5
or is the beneficiary of any property transferred pursuant to a transfer which105-6
is subject to a tax imposed by any federal estate tax law, now existing or105-7
hereafter enacted.105-8
Sec. 377. NRS 150.310 is hereby amended to read as follows: 150.310105-10
appropriate action or proceeding, that105-11
personal representative, trustee or other fiduciary has paid or may be105-12
required to pay an estate tax to the Federal Government under the105-13
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 gross105-15
estate of a decedent under the provisions of any such law, the amount of the105-16
tax105-17
estate, whether residents or nonresidents of this state, to whom105-18
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 given105-22
for apportionment among the beneficiaries of taxes assessed upon the105-23
specific fund dealt with in105-24
Sec. 378. NRS 150.330 is hereby amended to read as follows: 150.330 1. The proration105-26
jurisdiction105-27
105-28
such person bears to the total value of the property, interest and benefits105-29
received by all such persons interested in the estate.105-30
2. In making a proration, allowances105-31
exemptions granted by the act imposing the tax and for any deductions105-32
allowed by105-33
estate.105-34
3. Any exemption or deduction allowed by reason of the relationship of105-35
any person to the decedent or by reason of the charitable purposes of the105-36
gift105-37
relationship or receiving105-38
an interest is subject to a prior present interest which is not allowable as a105-39
deduction, the estate tax apportionable against the present interest105-40
must be paid from principal.105-41
4.105-42
for gift taxes or taxes of a foreign country paid by the decedent or his estate106-1
106-2
apportionment.106-3
5.106-4
the nature thereof in respect to property or interests includable in the gross106-5
estate106-6
chargeable with the payment of106-7
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 surviving106-9
spouse does not constitute an allowable deduction solely by reason of an106-10
inheritance tax or other death tax imposed upon and deductible from such106-11
property, it106-12
subsection 1 , and to that extent , no apportionment106-13
against106-14
7. The values used for federal estate tax purposes106-15
values used as the basis for apportionment.106-16
8.106-17
interest and penalties in the same manner as the principal of the estate tax106-18
by reason of special circumstances , it may direct apportionment of interest106-19
and penalties in a manner different from principal.106-20
Sec. 379. NRS 150.350 is hereby amended to read as follows: 150.350 1.106-22
included in the gross estate does not come into the possession of the106-23
106-24
106-25
the persons interested in the estate, the proportionate amount of the tax106-26
payable by the persons interested in the estate with which106-27
persons interested in the estate are chargeable. The106-28
direct the payment of106-29
106-30
representative.106-31
2. The provisions of subsection 1106-32
to persons in possession of or interested in real or personal property located106-33
in or subject to administration in another state and required to be included106-34
in the gross estate of a resident of this state, unless106-35
refuses to enforce106-36
may be made in accordance with the law which would be applied by106-37
the other state.106-38
3.106-39
106-40
charged with the amount of reasonable expenses, including106-41
107-1
connection with the determination of the tax and the apportionment thereof.107-2
107-3
like manner as the tax.107-4
Sec. 380. NRS 150.360 is hereby amended to read as follows: 150.360 1. The107-6
provided in NRS 150.290 to107-7
107-8
representative or other fiduciary to charge the determined amounts against107-9
the persons against whom the tax has been prorated insofar as107-10
personal representative or other fiduciary is in possession of property or107-11
interests of107-12
and summarily directing all other persons against whom the tax has been107-13
prorated or who are in possession of property or interests of107-14
persons to make payment of107-15
107-16
2.107-17
final.107-18
3. If the107-19
fiduciary holds property of a person liable to apportionment which is107-20
insufficient to satisfy the determined amount, the court may direct that the107-21
balance107-22
4. If it appears that the107-23
representative or other fiduciary cannot recover the amount apportioned107-24
against any person,107-25
in such manner as the court may determine.107-26
5. If an overpayment is made the court may direct appropriate107-27
reimbursement.107-28
Sec. 381. NRS 150.370 is hereby amended to read as follows: 150.370 The court shall retain jurisdiction until the purposes of NRS107-30
150.290 to107-31
Sec. 382. Chapter 151 of NRS is hereby amended by adding thereto107-32
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 the107-34
will, a personal representative may distribute property and money:107-35
(a) In divided or undivided interests; and107-36
(b) With or without proration.107-37
2. Each affected beneficiary must agree before any property or107-38
money is distributed without proration, unless the will authorizes a107-39
personal representative to distribute property and money without107-40
proration.107-41
Sec. 384. The property of a testator, except as otherwise provided in107-42
this Title, must be resorted to for the payment of devises in the following107-43
order:108-1
1. The property which is expressly appropriated by the will for the108-2
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 to108-8
persons not related to the testator.108-9
Sec. 386. If property given by will to persons other than the108-10
residuary devisees is sold for the payment of debts or expenses or family108-11
allowances, all the devisees shall contribute in proportion to their108-12
respective interests to the devisee whose devise has been sold, and the108-13
court, when distribution is made, shall settle the amount of the several108-14
liabilities and order the amount each person is liable to contribute to be108-15
withheld from that person’s distributive share for the purpose of the108-16
contribution.108-17
Sec. 387. NRS 151.005 is hereby amended to read as follows: 151.005108-19
108-20
the interests, shares or amounts to which they are entitled under the terms108-21
of the will of the decedent, or under the laws of intestacy, in any way that108-22
they provide in a written108-23
affected by its provisions. The personal representative shall abide by the108-24
terms of the108-25
estate for the benefit of creditors, to pay all taxes and costs of108-26
administration, and to carry out the responsibilities of108-27
the benefit of any108-28
parties. Personal representatives of the estate of decedents are not required108-29
to108-30
person who is willing to accept the trust. Accordingly, trustees of a108-31
testamentary trust are108-32
section. This section does not relieve trustees of any duties owed to108-33
beneficiaries of trusts.108-34
108-35
108-36
108-37
108-38
108-39
108-40
108-41
Sec. 388. NRS 151.010 is hereby amended to read as follows: 151.010 1. At any time after the lapse of 3 months from the issuing108-43
of letters109-1
109-2
109-3
heir109-4
109-5
entitled thereto, upon109-6
security, for the payment of109-7
the estate.109-8
2. The court may dispense with a bond if it109-9
the109-10
Sec. 389. NRS 151.020 is hereby amended to read as follows: 151.020109-12
109-13
109-14
109-15
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: 151.030 The109-19
109-20
109-21
109-22
person, may object to the petition, or an heir or devisee may submit a109-23
similar petition.109-24
Sec. 391. NRS 151.040 is hereby amended to read as follows: 151.040 1. Subject to the provisions of109-26
109-27
109-28
parties petitioning may be allowed109-29
estate, the court shall109-30
109-31
petitioners.109-32
2. The109-33
personal representative to deliver to the petitioner or petitioners the whole109-34
portion of the estate to which109-35
part109-36
109-37
109-38
109-39
there is sufficient property remaining in the estate to satisfy the debts or109-40
if there is filed with the court an assumption of liability for a contingent109-41
or disputed debt as provided in subsection 3. The court may impose any109-42
other conditions it determines are just, including a requirement that a109-43
distributee give a security interest in all or part of the property distributed110-1
or give bond in an amount determined by the court. The bond110-2
110-3
representative and conditioned for the payment by the110-4
110-5
debts of the estate.110-6
110-7
110-8
3. As a condition of an order under subsection 2, if directed by the110-9
court, each heir or devisee shall file with the court a signed and110-10
acknowledged agreement assuming personal liability for the contingent110-11
or disputed debt and consenting to jurisdiction in this state for the110-12
enforcement of the debt if it becomes absolute or established. The110-13
personal liability of each heir or devisee does not exceed the fair market110-14
value on the date of distribution of the property distributed less the110-15
amount of any liens or encumbrances. If there is more than one heir or110-16
devisee, their personal liability is joint and several.110-17
Sec. 392. NRS 151.050 is hereby amended to read as follows: 151.050 1.110-19
executed and delivered as prescribed in NRS 151.040, and the110-20
110-21
necessary for the settlement of the estate to require the payment of any part110-22
of the money thereby secured, he shall petition the court for an order110-23
requiring the payment and cause a citation to be issued and served upon the110-24
110-25
time and place, not more than 10 days after the date of the citation, to be110-26
stated therein, to appear and show cause why the order110-27
be made.110-28
2.110-29
the payment to be made, shall110-30
designating the amount and giving a time in which it shall be paid.110-31
3. If the money110-32
be maintained by the110-33
on the bond110-34
4. Similar proceedings may be110-35
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: 151.060 If, in the execution of the110-38
partition is necessary between two or more of the parties, it110-39
made in the manner prescribed in chapter 152 of NRS.110-40
Sec. 394. NRS 151.070 is hereby amended to read as follows: 151.070 The costs of proceedings for a partial distribution110-42
be paid by the110-43
111-1
Sec. 395. NRS 151.080 is hereby amended to read as follows: 151.080 1.111-3
representative files his final account111-4
requesting the allowance and confirmation thereof, he may also include in111-5
the petition a111-6
settlement and allowance of the final account, the court may also111-7
order a distribution of the residue of the estate, if any, among the persons111-8
who are by law entitled111-9
2. If a final account111-10
order of distribution, the111-11
111-12
grantee of111-13
thereafter, may petition the court for111-14
estate.111-15
Sec. 396. NRS 151.090 is hereby amended to read as follows: 151.090 1. When a petition for final distribution is filed, the clerk111-17
shall set the petition for hearing and the petitioner shall give notice111-18
111-19
the period and in the manner provided in NRS 155.010.111-20
2. The court may order such further notice as it111-21
proper.111-22
Sec. 397. NRS 151.110 is hereby amended to read as follows: 151.110 1.111-24
111-25
an order for the distribution of the estate111-26
111-27
unnecessary delay, distribute the estate remaining111-28
undistributed as directed by the111-29
2. In the111-30
proportion or parts to which each111-31
111-32
respective share from the111-33
representative or any other person having111-34
3. The111-35
10 days after the entry of111-36
real property, record a certified copy of the order with the county recorder111-37
of the county in which the111-38
111-39
portion of it, is located.111-40
Sec. 398. NRS 151.120 is hereby amended to read as follows: 151.120 No gift or grant shall be deemed to have been made as an111-42
advancement unless:111-43
1. So expressed in the gift or grant;112-1
2. Charged in writing by the112-2
or112-3
3. Acknowledged in writing by the donee to be such.112-4
Sec. 399. NRS 151.130 is hereby amended to read as follows: 151.130 1. Any property112-6
given by a decedent during the112-7
decedent as an advancement to112-8
considered as part of the estate112-9
computing the respective shares of the distributees and112-10
taken by112-11
112-12
2. If the amount of the advancement112-13
the heir or devisee so advanced, the heir112-14
from any further portion in the distribution and division of the estate, but he112-15
112-16
If the amount so received112-17
112-18
his full share of the estate of the112-19
Sec. 400. NRS 151.140 is hereby amended to read as follows: 151.140 If the value of the advancement112-21
conveyance, or in the charge thereof made by the112-22
in the acknowledgment of the112-23
112-24
the estate .112-25
according to its value when given, as nearly as112-26
ascertained.112-27
Sec. 401. NRS 151.150 is hereby amended to read as follows: 151.150 If112-29
112-30
the advancement112-31
and division of the estate as if the advancement had been made directly to112-32
112-33
Sec. 402. NRS 151.160 is hereby amended to read as follows: 151.160 All questions as to advancements made, or alleged to have112-35
been made, by112-36
heard and determined by the court, and112-37
112-38
commissioners112-39
order of the court112-40
112-41
party to appeal from a final112-42
order.113-1
Sec. 403. NRS 151.170 is hereby amended to read as follows: 151.170113-3
cannot be found or who refuses to accept the113-4
proper voucher therefor, or to a minor or113-5
person who has no legal guardian to receive the113-6
authorized to receipt therefor, and the113-7
consists of money, the113-8
may deposit the money, in the name of the assignee or distributee, with the113-9
county treasurer of the county in which the proceedings are pending .113-10
113-11
money and is liable upon113-12
therefor. The receipt113-13
113-14
personal representative with the same force and effect as if executed by113-15
113-16
Sec. 404. NRS 151.180 is hereby amended to read as follows: 151.180 If113-18
113-19
of his estate legally appointed under the laws of113-20
the distribution of113-21
to113-22
with a certificate of113-23
the clerk of the court appointing113-24
clerk of the court in which113-25
ordered,113-26
113-27
113-28
Sec. 405. NRS 151.190 is hereby amended to read as follows: 151.190 1.113-30
113-31
unclaimed for 1 year, or113-32
proper receipt for the property, or is a minor or113-33
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 if113-35
the113-36
discharge and it appears to the court that no injury will result to those113-37
interested, the court shall order the property to be sold.113-38
2. The proceeds, after deducting such expenses of sale as may be113-39
allowed by the court, must be paid into the113-40
depositor must take from the treasurer113-41
113-42
be filed with the court.114-1
Sec. 406. NRS 151.210 is hereby amended to read as follows: 151.210114-3
into the state treasury, the court making the distribution114-4
into114-5
114-6
114-7
114-8
Sec. 407. NRS 151.220 is hereby amended to read as follows: 151.220114-10
for life only, the life tenant must sign and deliver to the remainderman114-11
or, if there114-12
property,114-13
life tenant’s custody for life only, and that, on114-14
be delivered to the remainderman.114-15
Sec. 408. NRS 151.230 is hereby amended to read as follows: 151.230 1.114-17
it is shown by the114-18
the production of satisfactory114-19
sums of money due114-20
and all the property of the estate has been distributed to the persons114-21
entitled114-22
have been performed, the court shall114-23
114-24
incurred.114-25
2. The court may excuse the filing of a receipt on a proper showing114-26
that the personal representative is unable, after reasonable effort, to114-27
obtain a receipt and that the property has been delivered to or is in the114-28
possession of the distributee or creditor.114-29
3. The provisions of this section do not bar a successful appellant from114-30
114-31
any property distributed to an114-32
pursuant to the114-33
Sec. 409. NRS 151.240 is hereby amended to read as follows: 151.240 1. Except as otherwise provided in subsection 2, the final114-35
settlement of an estate does not prevent:114-36
(a) The reopening of the estate for the purpose of administering other114-37
property which has been discovered or for correcting errors made in the114-38
description of the property administered.114-39
(b) The subsequent issuance of letters114-40
114-41
letters should again be issued.114-42
2. In the absence of fraud, an estate must not be reopened based upon114-43
the discovery of:115-1
(a) A will, if the estate was administered as if the decedent had died115-2
intestate; or115-3
(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: 151.250115-6
person115-7
the grounds provided in NRS 151.240. The petition must set forth the115-8
names of all heirs, devisees115-9
known. If the address is unknown to the petitioner, he shall state that fact in115-10
the petition.115-11
115-12
petition for hearing and the petitioner shall give notice for the period and115-13
in the manner required by NRS 155.010.115-14
Sec. 411. NRS 151.260 is hereby amended to read as follows: 151.260 Upon hearing the petition, if good cause is shown, the court115-16
may:115-17
1. Reopen the estate.115-18
2. Order the administration of other property which has been115-19
discovered.115-20
3.115-21
description of the estate previously administered.115-22
115-23
after the reopening of an estate except as necessary to administer other115-24
property which has been discovered or to correct errors made in the115-25
description of the estate previously administered. Any orders115-26
of the court made necessary by the reopening of the estate must be115-27
designated as supplemental orders .115-28
Sec. 412. NRS 152.010 is hereby amended to read as follows: 152.010115-30
devisees are entitled to the distribution of undivided interests in any115-31
115-32
themselves, before distribution, to a partition, allotment or other division115-33
thereof, any one or more of them or the115-34
personal representative, at the request of any one or more of them, may115-35
petition the court to make such partition, allotment or division of the115-36
property as will be equitable and will avoid the distribution of undivided115-37
interests.115-38
Sec. 413. NRS 152.020 is hereby amended to read as follows: 152.020 Partition may be made as provided in this chapter, although115-40
some of the original heirs115-41
assigned or conveyed their share to other persons, and116-1
those shares must be partitioned to the person holding116-2
the same manner as they would have been to the heirs116-3
116-4
Sec. 414. NRS 152.030 is hereby amended to read as follows: 152.030 1.116-6
partition may file a petition stating the necessary facts, particularly116-7
describing the property to be partitioned and the person or persons116-8
interested in the property.116-9
2. Upon filing the petition, a citation116-10
interested116-11
116-12
116-13
should not be made as116-14
3. The citation116-15
116-16
116-17
116-18
4. The citation must be served116-19
155.050 at least 10 days before the hearing116-20
116-21
116-22
5. Upon proof116-23
been properly served ,116-24
the petition and the allegation and proofs of the respective parties, and116-25
116-26
Sec. 415. NRS 152.040 is hereby amended to read as follows: 152.040 Before any partition116-28
chapter, guardians116-29
unborn or incapacitated persons interested in the estate to be divided, and116-30
an attorney116-31
other persons interested.116-32
Sec. 416. NRS 152.050 is hereby amended to read as follows: 152.050 1.116-34
personal property, the court116-35
disinterested persons as commissioners for that purpose, who shall be116-36
sworn by any person authorized to administer oaths to faithfully and116-37
impartially discharge their duties.116-38
2. A certified copy of the order appointing them, attached to a certified116-39
copy of the116-40
are entitled must be given to them as their warrant, and their oath must be116-41
endorsed thereon.117-1
3.117-2
and partly personal, one of the three commissioners must be a117-3
licensed professional land surveyor.117-4
4. Upon consent of the parties, and117-5
proper and just, the court may appoint one commissioner only, who has the117-6
same authority and is governed by the same rules as if three were117-7
appointed.117-8
Sec. 417. NRS 152.060 is hereby amended to read as follows: 152.060 If the real property to be partitioned117-10
counties, the court ,117-11
commissioners for each county, and, in117-12
each county117-13
estate to be partitioned ,117-14
unless otherwise directed by the court, make division of the real property117-15
wherever situated in this state.117-16
Sec. 418. NRS 152.070 is hereby amended to read as follows: 152.070 The commissioners shall notify all persons interested in the117-18
partition, their guardians, agents or attorneys, of the time when they will117-19
proceed to make partition,117-20
117-21
appointment, may fix the time.117-22
Sec. 419. NRS 152.090 is hereby amended to read as follows: 152.090 The several shares in the real and personal property117-24
must be set out to each individual in proportion to his117-25
real property by metes, bounds or such description that the117-26
can be easily distinguished. If two or more of the parties request to have117-27
their shares set out so as to be held in common and undivided,117-28
shares may be so partitioned.117-29
Sec. 420. NRS 152.100 is hereby amended to read as follows: 152.100117-31
value than117-32
be divided without injury to the117-33
commissioners to any one of the parties117-34
secure to be paid, to one or more of the others interested, such sum or sums117-35
as the commissioners117-36
commissioners shall make their award accordingly117-37
117-38
so awarded117-39
secured to their satisfaction.117-40
Sec. 421. NRS 152.110 is hereby amended to read as follows: 152.110 1.117-42
or any part of the property117-43
commissioners to be sold, and if the report118-1
order a sale by the118-2
by a commissioner appointed for that purpose, and distribute the proceeds.118-3
2. The sale118-4
the same manner and under the same rules as in ordinary cases of sales of118-5
118-6
personal property, as the case may be, by a personal representative under118-7
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 heirs118-10
118-11
is in common and undivided with the real property of any other person, the118-12
commissioners shall first divide and sever the property of the118-13
decedent from the property in which it lies in common, and such division,118-14
so made and established by the court,118-15
interested persons .118-16
2. The court may authorize the118-17
representative to bring118-18
necessary.118-19
Sec. 423. NRS 152.140 is hereby amended to read as follows: 152.140 1. The commissioners, within a reasonable time118-21
118-22
118-23
file their report of partition.118-24
2. Within 15 days after the report is filed any118-25
person may file118-26
specifying the grounds of objection. A copy of the118-27
objection must be served upon the commissioners and all parties interested118-28
in the partition, their guardians, agents or attorneys ,118-29
notice to118-30
118-31
filing of the118-32
and for a new partition.118-33
3. At the time specified, or at such other time as the court may118-34
the court shall proceed to hear the objection to the report ,118-35
118-36
the court may set aside the report and recommit the partition to the same118-37
commissioners, or appoint others, or may modify or confirm the report.118-38
4. If no118-39
time118-40
118-41
and all the proceedings regular, the court shall118-42
confirming the report .118-43
119-1
119-2
parties to one another, or may119-3
commissioner to make119-4
acknowledged and recorded,119-5
convey title.119-6
Sec. 424. NRS 152.150 is hereby amended to read as follows: 152.150119-8
without prejudice or inconvenience to the owners, the court may assign the119-9
whole to one or more of the parties entitled to shares therein, who will119-10
accept and pay to the other parties interested their just proportion of the119-11
true value thereof, or secure the same to their satisfaction119-12
the minority or incapacity of119-13
satisfaction of the guardian of119-14
person. The true value of the property119-15
reported by the commissioners or appraisers appointed specially for that119-16
purpose.119-17
Sec. 425. NRS 152.160 is hereby amended to read as follows: 152.160 The expenses of partition119-19
apportioned by the court among the parties, but each party must pay his119-20
own attorney’s fees119-21
cause.119-22
Sec. 426. NRS 152.170 is hereby amended to read as follows: 152.170 The allotment made by the court119-24
proceedings for distribution, unless modified for good cause upon119-25
reasonable notice, and the proceedings leading to119-26
be reviewed upon appeal from the119-27
Sec. 427. Chapter 153 of NRS is hereby amended by adding thereto119-28
the provisions set forth as sections 428 and 429 of this act.119-29
Sec. 428. 1. A trustee or beneficiary may petition the court119-30
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, right119-34
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 to119-37
pass or be delivered upon final or partial termination of the trust, to the119-38
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 or119-43
account, to the beneficiary;120-1
(i) Granting powers to the trustee;120-2
(j) Fixing or allowing payment of the trustee’s compensation, or120-3
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 the120-8
trust;120-9
(o) Approving or directing the combination or division of trusts; and120-10
(p) Amending or conforming the trust instrument in the manner120-11
required to qualify the estate of a decedent for the charitable estate tax120-12
deduction under federal law, including the addition of mandatory120-13
requirements for a charitable-remainder trust.120-14
2. A petition under this section must state the grounds of the petition120-15
and the name and address of each interested person, including the120-16
attorney general if the petition relates to a charitable trust, and the relief120-17
sought by the petition. Except as otherwise provided in this chapter, the120-18
clerk shall set the petition for hearing and the petitioner shall give notice120-19
for the period and in the manner provided in NRS 155.010. The court120-20
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 the120-22
guardian of a beneficiary, be ordered to appear at a hearing and render120-23
an account. The trustee must be served with a citation in the manner120-24
provided in NRS 155.050. Unless otherwise ordered by the court, the120-25
citation must be served at least 30 days before the day of the hearing. The120-26
petition may not be denied unless an account has been filed with the120-27
court within 1 year before the petition is filed.120-28
Sec. 430. NRS 153.010 is hereby amended to read as follows: 153.010 The provisions of120-30
this chapter govern fiduciaries acting under trusts, wills and court orders in120-31
estate proceedings, whether the120-32
or proceedings are now pending .120-33
Sec. 431. NRS 153.020 is hereby amended to read as follows: 153.020120-35
120-36
120-37
but120-38
120-39
120-40
distribution may be upon petition of the trustee, his successor in interest, or120-41
of any person entitled to share in the distribution.120-42
120-43
121-1
121-2
121-3
121-4
121-5
121-6
121-7
121-8
121-9
121-10
121-11
121-12
121-13
121-14
121-15
121-16
121-17
121-18
121-19
Sec. 432. NRS 153.050 is hereby amended to read as follows: 153.050 1.121-21
instrument creating a life estate121-22
required to account for121-23
estate, then the provisions of this chapter concerning accounting by a121-24
trustee121-25
death, to121-26
2.121-27
upon the tenant, nevertheless such of the provisions of this chapter as apply121-28
to accounting by121-29
trustee apply to the121-30
representatives of the tenant, to the extent of determining the residue of the121-31
estate.121-32
Sec. 433. NRS 153.060 is hereby amended to read as follows: 153.060121-34
residue of the trust estate, estate for life121-35
entitled thereto121-36
hearing and the petitioner shall give notice of the hearing121-37
121-38
NRS121-39
Sec. 434. NRS 153.080 is hereby amended to read as follows: 153.080121-41
this chapter, when it becomes final,121-42
interested persons ,121-43
being.122-1
Sec. 435. NRS 153.090 is hereby amended to read as follows: 153.090 1.122-3
may, at any time before distribution of any of the estate to him, decline to122-4
act as trustee, and an order of court122-5
entered accepting the resignation ,122-6
has qualified as trustee122-7
122-8
122-9
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 the122-12
petitioner shall give notice to all interested persons for the period and in122-13
the manner provided in NRS 155.010.122-14
2. In accepting a declination , the court may122-15
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: 153.100 1. The court in which the administration is pending122-18
122-19
122-20
vacancy in the office of trustee under the will, whether resulting from122-21
death, declination, resignation, removal or otherwise, if the appointment is122-22
necessary to carry out the trust. A person who is named in the will to fill122-23
the vacancy has priority for appointment.122-24
2. The appointment may be made by the court upon the122-25
122-26
122-27
122-28
of an interested person. Upon the filing of the petition, the clerk shall set122-29
it for hearing and the petitioner shall give notice to all interested persons122-30
for the period and in the manner provided in NRS 155.010.122-31
3. The court may appoint a temporary trustee without notice if122-32
necessary to preserve the trust estate.122-33
Sec. 437. NRS 153.120 is hereby amended to read as follows: 153.120 The court may122-35
person appointed122-36
acting as a trustee, to give a bond as is required of a122-37
122-38
122-39
Sec. 438. Chapter 154 of NRS is hereby amended by adding thereto a122-40
new section to read as follows:122-41
If a personal representative, on order of the court, pays over or delivers122-42
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 or123-1
delivery must be filed with the clerk of the district court in the county in123-2
which the estate is being administered or is located. Upon the filing of the123-3
receipt or certificate, the personal representative is released from all123-4
further liability relating to the property.123-5
Sec. 439. NRS 154.010 is hereby amended to read as follows: 154.010123-7
vested in the State of Nevada for educational purposes if any person dies or123-8
has died, within this state, seised of any real or personal estate, and leaving123-9
no heirs, representatives123-10
inheriting or holding the123-11
owner of123-12
remaining in a retired employee’s or beneficiary’s individual account under123-13
the public employees’ retirement system is not an estate within the meaning123-14
of this chapter.123-15
Sec. 440. NRS 154.020 is hereby amended to read as follows: 154.020 1.123-17
123-18
123-19
specified in NRS 154.010, or that any such123-20
other reason, become escheatable,123-21
information123-22
where123-23
2. The information123-24
(a) A description of the123-25
(b) The name of the person last lawfully seised.123-26
(c) The name of the123-27
claiming the123-28
(d) The facts and circumstances123-29
123-30
escheatment.123-31
3. The information123-32
of Nevada has by law right to123-33
Sec. 441. NRS 154.030 is hereby amended to read as follows: 154.030 1. Upon the filing of the information, the court shall order123-35
that a citation be issued to the person or persons123-36
123-37
property, requiring them to appear and show cause why the123-38
property should not vest in the State of Nevada.123-39
the court otherwise orders, the citation must be made returnable123-40
123-41
service.124-1
2. The court may also, if deemed advisable, order the citation to be124-2
published in a newspaper published in the county124-3
administration is pending, if any ,124-4
in this state.124-5
Sec. 442. NRS 154.040 is hereby amended to read as follows: 154.040 1. After the filing of an information as provided in NRS124-7
154.020, and upon124-8
or after answer, upon notice to the person or persons holding, possessing124-9
or claiming the124-10
sufficient cause therefor being shown, appoint a receiver to take charge of124-11
the real estate or personal property, other than money, mentioned in the124-12
information, and receive the rents and profits of the124-13
the title of the property124-14
2. The receiver shall, before entering upon his duties, execute a bond to124-15
the State of Nevada in a sum to be fixed by the court, with sureties to be124-16
approved by the124-17
of the trust and to account fully to the person finally124-18
to be entitled to the property.124-19
on the bond for any default or damage.124-20
Sec. 443. NRS 154.060 is hereby amended to read as follows: 154.060 1. All persons124-22
the information124-23
plead to the proceedings, and may traverse or deny the facts stated in the124-24
information124-25
at any time on or before the return day of the citation.124-26
2. Any other person claiming an interest in the124-27
appear and be made a defendant, and plead as stated in subsection 1 by124-28
124-29
time allowed for pleading.124-30
3. If any person124-31
in subsections 1 and 2, denying the title124-32
124-33
issues of fact to be made up, the matter124-34
actions on issues of fact.124-35
4. A survey may be ordered, as in other civil actions,124-36
boundary is called into question.124-37
Sec. 444. NRS 154.080 is hereby amended to read as follows: 154.080 1. Upon any judgment124-39
of competent jurisdiction, escheating real property to the state, on124-40
petition of the attorney general, or on124-41
124-42
estate, the court shall, or the court may upon its own motion,125-1
an order that the real property be sold by the sheriff of the county where the125-2
property is situated, at public sale, after giving notice of the time and place125-3
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,125-5
report thereof to the court. Upon the hearing of the report , the court may125-6
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 it125-8
appears that a sum exceeding the bid by at least125-9
obtained, the court may vacate the sale and direct another sale to be125-10
conducted in all respects as if no previous sale had taken place.125-11
3. If an offer of125-12
report is made to the court in writing by a responsible person, the court may125-13
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 fairly125-15
conducted, and that the sum bid is not disproportionate to the value of the125-16
property sold, and that a sum in excess of125-17
than the bid cannot be obtained, or125-18
the court, the court shall125-19
directing the sheriff, in the name of the state, to execute to the purchaser a125-20
conveyance of the property sold. The conveyance vests in the purchaser all125-21
125-22
5. The sheriff shall, out of the proceeds of the sale, pay the costs of the125-23
proceedings incurred on behalf of the state, including the expenses of125-24
making the sale, and also an attorney’s fee, if additional counsel was125-25
employed in the proceedings, to be fixed by the court .125-26
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: 154.105 1. The state treasurer may sell at a public sale125-30
property in125-31
the state. The state treasurer shall cause public notice of the sale to be125-32
given. Any money received from the sale must be deposited in the state125-33
treasury for credit to the fund for escheated estates.125-34
2. The125-35
representative of an estate shall sell any125-36
transmit the proceeds of the sale to the state treasurer for credit to the fund125-37
for escheated estates unless the state treasurer authorizes transmittal of the125-38
property.125-39
Sec. 446. NRS 154.120 is hereby amended to read as follows: 154.120 1. If, within 6 years after any judgment escheating property125-41
to the state, any person claims any money or125-42
vested in the state by the judgment, the person may file a petition in the126-1
district court of Carson City, stating the nature of the claim, with an126-2
appropriate126-3
2. A copy of the petition must be served upon the attorney general126-4
before or at the time of filing. Within 20 days after service, the attorney126-5
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 state126-7
has no legal defense against the petition,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 day126-10
after its filing, and may be heard by the court on that day, or at such future126-11
day as the court may order.126-12
4. Upon the hearing, the court shall examine the claim and hear the126-13
allegations and evidence. If the court finds that the person is entitled to any126-14
money , it shall, by judgment, order the state controller to draw his warrant126-15
in favor of the claimant upon the state treasurer for the sum specified in the126-16
order, but without interest, income or cost of any kind to the state. A126-17
certified copy of the judgment and order directing the state controller to126-18
draw126-19
5. If any126-20
court finds the claimant entitled to it, the court shall126-21
order accordingly. The126-22
to the property, but no interest, income or other cost of any kind may be126-23
taxed against the state.126-24
6. If any126-25
chapter after the judgment of126-26
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 the126-28
property, and the court shall126-29
7. All persons, except126-30
and incapacitated persons who fail to appear and file their petitions within126-31
the time limited in subsection 1, are barred forever.126-32
126-33
appear and file their petitions at any time within 5 years after their126-34
respective disabilities are removed.126-35
Sec. 447. NRS 154.150 is hereby amended to read as follows: 154.150 1. A person desiring to acquire title to any individual item or126-37
126-38
by126-39
conservation and natural resources on forms obtainable at his office and in126-40
the manner described in NRS 154.150 to 154.180, inclusive.126-41
2.126-42
outside of approved townsites126-43
for a parcel of land less than the smallest legal subdivision (40 acres) unless127-1
the area in its entirety is less than 40 acres. In such a case , that portion of127-2
the subdivision127-3
127-4
department of conservation and natural resources, it is found that the127-5
remaining portion could be disposed of within a reasonable length of time,127-6
and would not become an isolated tract. He127-7
application for a portion of the tract,127-8
is made and a plat submitted on tracing cloth127-9
32 inches, on which127-10
description of the property127-11
corner of the property tied to a point on the United States public land127-12
surveys.127-13
Sec. 448. NRS 154.160 is hereby amended to read as follows: 154.160 The127-15
1. The purchase price in the amount of the127-16
offer for the real127-17
2. A sufficient sum to cover the cost of advertising.127-18
3.127-19
Sec. 449. NRS 154.170 is hereby amended to read as follows: 154.170 1. The director of the state department of conservation and127-21
natural resources shall issue a receipt to the127-22
amount deposited in his trust and shall without any unnecessary delay cause127-23
notice of the127-24
(a) By posting one of the notices in a conspicuous place in the office of127-25
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 the127-28
127-29
for 4 consecutive weeks prior to the date of sale.127-30
2. The notice127-31
(a) The name of the deceased owner in which was vested the title before127-32
death, if known.127-33
(b) A description of the property as contained in the127-34
petition.127-35
(c) The amount of the offer contained in the127-36
(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 be127-38
handled in legal tender of the United States or a certified check.127-39
3. The director of the state department of conservation and natural127-40
resources127-41
Sec. 450. NRS 154.180 is hereby amended to read as follows: 154.180 The person to whom the title passes127-43
cost of advertising and the application fee. When the title passes to a person128-1
other than the person who made the128-2
128-3
him.128-4
Sec. 451. Chapter 155 of NRS is hereby amended by adding thereto128-5
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 other128-7
paper may be filed, a true and correct facsimile of it may be filed, if the128-8
original is filed within a reasonable time.128-9
Sec. 453. In accordance with the provisions of NRS 33.010 and the128-10
Nevada Rules of Civil Procedure, and upon such terms and conditions as128-11
the court deems just and appropriate, the court may issue a temporary128-12
restraining order or an injunction to preserve and protect assets of the128-13
estate or trust.128-14
Sec. 454. Unless otherwise ordered by the court, an appeal pursuant128-15
to NRS 155.190 does not stay any order or proceeding in the estate or128-16
trust. The court may grant a stay, pending the appeal, of an order from128-17
which the appeal was taken, upon such bond, undertaking or conditions128-18
as it deems just or appropriate.128-19
Sec. 455. 1. If through inadvertence or mistake an order entered128-20
fails to state correctly the order made by the court, and the inadvertence128-21
or mistake is brought to the attention of the court by petition or the court128-22
acts on its own motion, the court may enter an order nunc pro tunc128-23
correcting the previous order.128-24
2. The order nunc pro tunc must be in the form of an amended order128-25
and bear the caption "Amended Order of ....." The body of the amended128-26
order must be identical to the order being corrected, except for the128-27
correction, and conclude with language substantially as follows: "This is128-28
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 may128-30
cause to be filed a document captioned "Amendment to Order of ...."128-31
which addresses only the correction, together with sufficient language to128-32
identify the correction, and concludes with the same language as an128-33
amended order. Such an amendment to an order must be accompanied128-34
by a verified petition, or an affidavit of counsel, specifying the reasons128-35
for the correction.128-36
4. The original order may not be physically changed, but must be128-37
used in conjunction with the order nunc pro tunc correcting it. In128-38
making corrections in the amendment document a complete clause or128-39
sentence must be stricken and replaced, even if the only change is to128-40
correct a single word or figure.128-41
Sec. 456. NRS 155.010 is hereby amended to read as follows: 155.010 1. Except as otherwise provided in a specific statute relating128-43
to the kind of notice required or otherwise ordered by the court in a129-1
particular instance, a petitioner shall cause notice of the time and place of129-2
the hearing of a petition to be given to129-3
every other person entitled to notice pursuant to this Title or his attorney if129-4
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 the129-7
hearing by certified, registered or ordinary first-class mail addressed to the129-8
person being notified at the post office address given in his demand for129-9
notice, if any, or at his office or place of residence, if known, or by129-10
personally delivering a copy thereof to the person being notified at least 10129-11
days before the time set for the hearing; or129-12
(b) If the address or identity of the person is not known and cannot be129-13
ascertained with reasonable diligence, by publishing at least once a week129-14
for 3 consecutive weeks a copy thereof in a newspaper having general129-15
circulation in the county where the hearing is to be held, the last publication129-16
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 different129-18
method or time of giving notice for any hearing129-19
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 hearing129-21
and filed in the proceeding.129-22
4. A person entitled to notice may, in writing, waive notice of the129-23
hearing of a petition.129-24
Sec. 457. NRS 155.020 is hereby amended to read as follows: 155.020 1. Notice of a petition for the probate of a will and the129-26
issuance of letters129-27
notice to creditors must be given to:129-28
(a) The persons respectively entitled thereto, including the state welfare129-29
administrator, as provided in NRS 155.010; and129-30
(b) The public, including creditors whose names and addresses are not129-31
readily ascertainable, by publication on three dates of publication before129-32
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 a129-36
newspaper129-37
pending, but if there is not such a newspaper, then in one having general129-38
circulation in that county.129-39
3. The notice of the hearing upon the petition to administer the estate129-40
must be in substantially the following form:130-1
NOTICE OF THE HEARING UPON THE PETITION TO130-2
ADMINISTER THE ESTATE130-3
Notice is hereby given that ................................ has filed in this court a130-4
petition for the probate of a will and for letters testamentary, or for letters130-5
of administration, of the estate of ................................, deceased, and a130-6
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 interested130-8
in the estate are notified to appear and show cause why the petition should130-9
not be granted.130-10
Dated130-11
4. As soon as practicable after appointment,130-12
130-13
notice to creditors, mail a copy of the notice to those creditors whose names130-14
and addresses are readily ascertainable as of the date of first publication of130-15
the notice and who have not already filed a claim. The notice must be in130-16
substantially the following form:130-17
NOTICE TO CREDITORS130-18
Notice is hereby given that the undersigned has been appointed and130-19
qualified by the (giving the title of the court and the date of appointment) as130-20
130-21
the estate of ................................, deceased. All creditors having claims130-22
against the estate are required to file the claims with the clerk of the court130-23
within .......... (60 or 90) days after the mailing or the first publication (as130-24
the case may be) of this notice.130-25
Dated130-26
5. If before the last day for the filing of a creditor’s claim under NRS130-27
147.040, the personal representative discovers the existence of a creditor130-28
who was not readily ascertainable at the time of first publication of the130-29
notice to creditors, the personal representative shall immediately mail a130-30
copy of the notice to the creditor.130-31
Sec. 458. NRS 155.030 is hereby amended to read as follows: 155.030 1. At any time after the issuance of letters130-33
130-34
130-35
130-36
the130-37
130-38
clerk of the court wherein administration of the estate is pending, a written131-1
request stating that he desires special notice and a copy of any131-2
131-3
administration of the estate .131-4
131-5
131-6
131-7
131-8
131-9
2. The request must state the post office address of the131-10
requester or his attorney, and thereafter a brief notice of the filing of any131-11
131-12
together with a copy of the filing, must be addressed to that person or his131-13
attorney, at his stated131-14
United States Postal Service with the postage thereon prepaid, within 2131-15
days after131-16
personal service of131-17
his attorney within the 2 days, and the personal service is equivalent to131-18
deposit in the post office, and proof of mailing or of personal service must131-19
be filed with the clerk before the hearing of the131-20
131-21
3. If, upon the hearing, it appears to the satisfaction of the court that131-22
the notice has been regularly given, the court shall so find in its order131-23
131-24
persons.131-25
4. An interested person in a testamentary trust or its property, or the131-26
attorney for that person, may serve upon the trustee or his attorney, and131-27
file with the clerk of the court wherein administration of the trust is131-28
pending, a written request stating that he desires notice of the filing of131-29
accounts and petitions in connection with the trust. The provisions of131-30
subsections 2 and 3 apply to such a request.131-31
5. On the filing of an inventory or a supplementary inventory, the131-32
personal representative shall mail a copy to each person who has131-33
requested special notice.131-34
Sec. 459. NRS 155.040 is hereby amended to read as follows: 155.040131-36
given to any person in the matter of an estate131-37
no other mode of giving notice is prescribed, it131-38
citation131-39
and directed to the person to be served, and131-40
the person to appear before the court131-41
time and place to be named in the citation. The nature or character of the131-42
proceedings131-43
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: 155.060132-3
132-4
the hearing, but the court may, for good cause shown, shorten the time to132-5
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: 155.070132-8
publication must be made daily, or otherwise, as often during the132-9
prescribed period as the newspaper is regularly issued, unless otherwise132-10
provided in this Title. The court ,132-11
132-12
court132-13
times prescribed in this Title.132-14
Sec. 462. NRS 155.080 is hereby amended to read as follows: 155.080 All proofs of publication or other mode or modes of giving132-16
notice or serving papers may be made by the certificate or affidavit of any132-17
person competent to be a witness .132-18
must be filed, and constitutes prima facie evidence of publication or service132-19
.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: 155.090 All notices required to be given by this Title may be given by132-23
the clerk of the court without an order from the132-24
and, when so given, for the time and in the manner required by law, they132-25
132-26
132-27
the citation may be issued by the clerk of the court on the request of a132-28
party or his attorney, without a court order, unless an order is expressly132-29
required by the statute.132-30
Sec. 464. NRS 155.110 is hereby amended to read as follows: 155.110 1. A transcript from the minutes of court, or a copy of the132-32
signed order of the court, showing the appointment of any person as132-33
132-34
certificate of the clerk132-35
that the person has given bond , if required, and has been qualified, and132-36
that letters132-37
him, and have not been revoked,132-38
evidence as the letters themselves.132-39
2. A copy of the letters, with like certificate,132-40
effect.133-1
Sec. 465. NRS 155.120 is hereby amended to read as follows:133-2
155.120133-3
apart a homestead, a certified copy of the133-4
in the office of the county recorder of the county where the property is133-5
located.133-6
Sec. 466. NRS 155.140 is hereby amended to read as follows: 155.140133-8
1. In a proceeding involving the estate of a decedent or a133-9
testamentary trust:133-10
(a) Interests to be affected must be described in pleadings that give133-11
reasonable information to owners by name or class, by reference to the133-12
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 of133-14
revocation or presently exercisable general power of appointment,133-15
including a power of amendment, binds other persons to the extent their133-16
interests, as objects, takers in default or otherwise, are subject to the133-17
power.133-18
(c) To the extent there is no conflict of interest between them or133-19
among persons represented:133-20
(1) An order binding a guardian of the estate binds the person133-21
whose estate he controls.133-22
(2) An order binding a guardian of the person binds the ward if no133-23
separate guardian of his estate has been appointed.133-24
(3) An order binding a trustee binds beneficiaries of the trust in a133-25
proceeding to probate a will establishing or adding to the trust, to review133-26
the acts or accounts of a previous fiduciary, or involving creditors or133-27
other third parties.133-28
(4) An order binding a personal representative binds persons133-29
interested in the undistributed assets of the estate of a decedent in an133-30
action or proceeding by or against the estate.133-31
(d) If there is no conflict of interest and no guardian of the estate has133-32
been appointed, a parent may represent his minor child.133-33
(e) An unborn or unascertained person who is not otherwise133-34
represented is bound by an order to the extent his interest is adequately133-35
represented by another person having a substantially identical interest in133-36
the proceeding.133-37
(f) Notice as prescribed by this Title must be given to every interested133-38
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 can133-40
bind him.133-41
(g) Notice is given to unborn or unascertained persons who are not133-42
represented under subsection (b), (c) or (d) by giving notice to all known134-1
persons whose interest in the proceeding is substantially identical to that134-2
of the unborn or unascertained persons.134-3
(h) At any stage of a proceeding, the court may appoint a guardian ad134-4
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 address134-6
is unknown, if the court determines that representation of the interest134-7
would otherwise be inadequate. If not precluded by conflict of interest, a134-8
guardian ad litem or an attorney may be appointed to represent several134-9
persons or interests. The court shall set out its reasons for appointing a134-10
guardian ad litem or an attorney as a part of the record of the134-11
proceeding.134-12
2. If an attorney has been appointed for minors or134-13
134-14
be appointed, shall represent the person or persons for whom he has been134-15
appointed in all subsequent proceedings.134-16
Sec. 467. NRS 155.150 is hereby amended to read as follows: 155.150 1. All issues of fact in matters of an estate134-18
disposed of in the same manner as is by law provided upon the trial of134-19
issues of fact in a common law action134-20
the court except as otherwise provided in NRS 137.020.134-21
2. All questions of cost may be determined by the court, and execution134-22
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: 155.160 1. An interested person may appear and make a response134-25
or objection in writing at or before the hearing.134-26
2. An interested person may appear and make a response or134-27
objection orally at the hearing. The court may hear and determine the134-28
response or objection at the hearing or grant a continuance to allow the134-29
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 any134-31
matter concerning the settlement of the134-32
of a decedent, anyone opposing the134-33
file objections thereto with the clerk.134-34
Sec. 469. NRS 155.170 is hereby amended to read as follows: 155.170 The testimony of a witness or witnesses in other counties of134-36
this state, or in other134-37
States, or in foreign countries, may be taken by deposition as provided in134-38
the Nevada Rules of Civil Procedure.134-39
134-40
Sec. 470. NRS 155.180 is hereby amended to read as follows: 155.180134-42
Title, all the provisions of law and the Nevada Rules of Civil Procedure134-43
regulating proceedings in civil cases apply in matters of135-1
when appropriate, or135-2
provisions of this Title. The Nevada Rules of Appellate Procedure135-3
regulating appeals in civil cases apply to appeals taken pursuant to NRS135-4
155.190.135-5
Sec. 471. NRS 155.190 is hereby amended to read as follows: 155.190 In addition to any order135-7
expressly permitted by this Title, an appeal may be taken to the supreme135-8
court within 30 days after its entry135-9
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 from135-13
execution.135-14
5. Granting or modifying a family allowance.135-15
6. Directing or authorizing the sale or conveyance or confirming the135-16
sale of property.135-17
7. Settling an account of135-18
representative or trustee.135-19
8. Instructing or appointing a trustee.135-20
9. Instructing or directing135-21
representative.135-22
10. Directing or allowing the payment of a debt, claim,135-23
or attorney’s fee.135-24
11. Determining heirship or the persons to whom distribution must be135-25
made or trust property must pass.135-26
12. Distributing property.135-27
13. Refusing to make any order mentioned in this section or any135-28
decision wherein the amount in controversy equals or exceeds, exclusive of135-29
costs,135-30
14. Granting or denying a motion to enforce the liability of a surety135-31
filed pursuant to NRS 142.035.135-32
15. Granting an order for conveyance or transfer pursuant to section135-33
332 of this act.135-34
Sec. 472. NRS 155.200 is hereby amended to read as follows: 155.200 An appeal by135-36
representative who has given an official bond as provided in this Title135-37
135-38
Sec. 473. NRS 155.210 is hereby amended to read as follows: 155.210 1. Upon an appeal, the135-40
135-41
order appealed from, and as to any or all of the parties, and order a135-42
remittitur as in other cases, and may order costs to be paid by any party to135-43
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: 155.220136-4
136-5
appeal, all lawful acts in administration136-6
136-7
as valid as if136-8
Sec. 475. NRS 159.179 is hereby amended to read as follows: 159.179 1.136-10
estate or special guardian who is authorized to manage the ward’s property136-11
136-12
(a) The period136-13
(b) All cash receipts and disbursements during the period covered by the136-14
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 have136-18
increased, decreased or altered the ward’s property holdings as reported in136-19
the original inventory or the preceding account.136-20
(e) Such other information as the guardian considers necessary to show136-21
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 show136-23
the interest of each ward in the receipts, disbursements and property.136-24
3. Receipts or vouchers for all expenditures must be136-25
136-26
136-27
136-28
procedures provided136-29
Sec. 476. Chapter 163 of NRS is hereby amended by adding thereto136-30
the provisions set forth as sections 477 to 483, inclusive, of this act.136-31
Sec. 477. Except as otherwise specifically provided in the trust136-32
instrument, a person who holds a power to appoint or distribute income136-33
or principal to or for the benefit of others, individually or as trustee, may136-34
not use the power to discharge his legal obligations.136-35
Sec. 478. 1. If a trustee commits or threatens to commit a breach136-36
of trust, a beneficiary or cotrustee of the trust may maintain a proceeding136-37
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 of136-41
money or otherwise.136-42
(d) To appoint a receiver or temporary trustee to take possession of the136-43
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 trust137-5
property.137-6
(i) To trace trust property that has been wrongfully disposed of and137-7
recover the property or its proceeds.137-8
2. The provision of remedies in subsection 1 does not preclude resort137-9
to any other appropriate remedy provided by statute or common law.137-10
3. A proceeding under this section must be commenced by filing a137-11
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 or137-14
appropriate to accomplish a purpose of the trust, but the court may not137-15
grant a power expressly prohibited by the trust instrument.137-16
Sec. 480. A third person who acts in good faith is not bound to137-17
ensure the proper application of trust property paid or delivered to a137-18
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 the137-21
time provided in the trust instrument, if administration or continued137-22
administration of the trust is no longer feasible or economical. A petition137-23
for such an order may be filed by an interested person under NRS137-24
164.010 and section 512 of this act.137-25
Sec. 482. 1. Except as otherwise provided in subsection 2 or in the137-26
trust, a trustee may distribute property and money:137-27
(a) In divided or undivided interests; and137-28
(b) With or without proration.137-29
2. Each affected beneficiary must consent before property or money137-30
is distributed without proration, unless the trust specifically authorizes137-31
the trustee to make that distribution.137-32
Sec. 483. 1. A trust may refer to a written statement or list to137-33
dispose of items of tangible personal property not otherwise specifically137-34
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, the137-37
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 and137-42
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 the138-3
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 the138-7
dispositions made by the trust.138-8
Sec. 484. NRS 163.003 is hereby amended to read as follows: 163.003 A trust is created only if:138-10
1. The settlor properly manifests an intention to create a trust; and138-11
2. There is trust property138-12
163.230.138-13
Sec. 485. NRS 163.010 is hereby amended to read as follows: 163.010 NRS 163.010 to138-15
as the Uniform Trusts Act.138-16
Sec. 486. NRS 163.020 is hereby amended to read as follows: 163.020 As used in NRS 163.010 to138-18
unless the context or subject matter otherwise requires:138-19
1. "Affiliate" means any person directly or indirectly controlling or138-20
controlled by another person, or any person under direct or indirect138-21
common control with another person. It includes any person with whom a138-22
trustee has an express or implied agreement regarding the purchase of trust138-23
investments by each from the other, directly or indirectly, except a broker138-24
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 includes138-28
trustees, a corporate as well as a natural person and a successor or138-29
substitute trustee.138-30
Sec. 487. NRS 163.050 is hereby amended to read as follows: 163.050 No trustee138-32
property for the trust from or to itself or an affiliate ,138-33
director, officer138-34
or from or to a relative, employer, partner138-35
a trustee, except with the prior approval of the138-36
jurisdiction of the trust estate .138-37
Sec. 488. NRS 163.060 is hereby amended to read as follows: 163.060 1. Except as otherwise provided in subsection 2138-39
authorized by the trust instrument, a trustee shall not as trustee of one trust138-40
sell property to itself as trustee of another trust except with the approval of138-41
the138-42
139-1
2. A bank or other corporate trustee which is subject to regulation by139-2
state or federal authorities may sell a security which is listed on a regulated139-3
stock exchange or sold over the counter by the National Association of139-4
Securities Dealers and is held by it as fiduciary in one account to itself as139-5
fiduciary in another account if the transaction is fair to the beneficiaries of139-6
both accounts and is not otherwise expressly prohibited by a particular139-7
statute.139-8
Sec. 489. NRS 163.070 is hereby amended to read as follows: 163.070139-10
or order of the court, a corporate trustee shall not purchase for a trust139-11
shares of its own stock, or its bonds or other securities, or the stock, bonds139-12
or other securities of an affiliate.139-13
Sec. 490. NRS 163.100 is hereby amended to read as follows: 163.100 Unless it is otherwise provided by the trust instrument139-15
139-16
attached to the office and139-17
Sec. 491. NRS 163.110 is hereby amended to read as follows: 163.110 1. Unless it is otherwise provided by the trust instrument139-19
139-20
more trustees may be exercised by a majority of139-21
trustees. A trustee who has not joined in exercising a power139-22
not liable to the beneficiaries or to others for the consequences of139-23
139-24
not liable for the consequences of an act in which139-25
joined at the direction of the majority trustees, if he expressed his dissent in139-26
writing to any of his cotrustees at or before the time of139-27
2.139-28
cotrustee from liability for inactivity in the administration of the trust nor139-29
for failure to attempt to prevent a breach of trust.139-30
3. Except as otherwise authorized in the trust instrument or by order139-31
of the court, a power vested in two trustees may only be exercised by139-32
unanimous action.139-33
4. If the trustees cannot exercise a power vested in them in a manner139-34
permitted by this section, an interested person may petition the court for139-35
appropriate instructions pursuant to NRS 164.010 and section 512 of this139-36
act.139-37
Sec. 492. NRS 163.120 is hereby amended to read as follows: 163.120 1.139-39
139-40
139-41
139-42
139-43
140-1
140-2
140-3
140-4
entered into by a trustee in the capacity of representative, or on an140-5
obligation arising from ownership or control of trust property, may be140-6
asserted against the trust by proceeding against the trustee in the capacity140-7
of representative, whether or not the trustee is personally liable on the140-8
claim.140-9
2. A judgment may not be entered in favor of the plaintiff in140-10
the action unless140-11
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 days140-14
140-15
beneficiaries known to the trustee who then had a present interest, or in the140-16
case of a charitable trust , the attorney general and any corporation which is140-17
a beneficiary or agency in the performance of140-18
the existence and nature of the action.140-19
be given by mailing copies140-20
140-21
The trustee shall furnish the plaintiff a list of the140-22
be notified, and their addresses, within 10 days after written demand140-23
therefor, and notification of the persons on140-24
list constitutes compliance with the duty placed on the plaintiff by this140-25
section. Any beneficiary, or in the case of charitable trusts the attorney140-26
general and any corporation which is a beneficiary or agency in the140-27
performance of140-28
action and contest the right of the plaintiff to recover.140-29
3.140-30
140-31
140-32
contract, a trustee is not personally liable on a contract properly entered140-33
into in the capacity of representative in the course of administration of140-34
the trust unless the trustee fails to reveal the representative capacity or140-35
identify the trust in the contract. The addition of the word "trustee" or the140-36
words "as trustee" after the signature of a trustee to a contract140-37
140-38
personal liability.140-39
Sec. 493. NRS 163.140 is hereby amended to read as follows: 163.140 1.140-41
140-42
administration140-43
capacity of representative may be sued and collection had from the trust141-1
property, if the court141-2
that:141-3
(a) The tort was a common incident of the kind of business activity in141-4
which the trustee or his predecessor was properly engaged for the trust;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 the141-7
trustee or his predecessor, was guilty of personal fault in incurring the141-8
liability; or141-9
(c) That, although the tort did not fall within141-10
141-11
If the tort is within141-12
collection may be had of the full amount of damage proved ,141-13
tort is within paragraph (c) above, collection may be had only to the extent141-14
of the increase in the value of the trust property.141-15
2. In an action against the trustee in141-16
representative under this section , the plaintiff need not prove that the141-17
trustee could have secured reimbursement from the trust fund if141-18
had paid the plaintiff’s claim.141-19
3.141-20
favor of the plaintiff in141-21
days after141-22
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, and141-24
more than 30 days141-25
each of the beneficiaries known to the trustee who then had a present141-26
interest of the existence and nature of the action.141-27
notice must be given by mailing copies141-28
141-29
141-30
and their addresses, within 10 days after written demand therefor, and141-31
notification of the persons on141-32
compliance with the duty placed on the plaintiff by this section. Any141-33
beneficiary may intervene in141-34
plaintiff to recover.141-35
4.141-36
provided in NRS 163.130, the trustee may also be held personally liable for141-37
any tort committed by him, or by his agents or employees in the course of141-38
their employments141-39
141-40
141-41
agent or employee is personally at fault.142-1
5. This section does not change the existing law with regard to the142-2
liability of trustees of charitable trusts for torts of themselves or their142-3
employees.142-4
Sec. 494. NRS 163.160 is hereby amended to read as follows: 163.160 1. The settlor of142-6
142-7
the trust if the trust was created by a writing, or by oral statement to the142-8
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 amend142-10
the trust, relieve his trustee from any or all of the duties, restrictions, and142-11
liabilities which would otherwise be imposed upon him by NRS 163.010 to142-12
142-13
or all of the privileges and powers conferred upon the trustee by NRS142-14
163.010 to142-15
restrictions, liabilities, privileges, or powers, to those imposed or granted142-16
by NRS 163.010 to142-17
the settlor142-18
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 may142-20
be relieved of liability for breach of trust by provisions of the trust142-21
instrument.142-22
3. A provision of the trust instrument is not effective to relieve a142-23
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
or142-27
(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: 163.170142-30
142-31
full information, by written instrument delivered to the trustee, relieve the142-32
trustee as to142-33
restrictions, and liabilities which would otherwise be imposed on the trustee142-34
by NRS 163.010 to142-35
restrictions, and liabilities imposed by NRS 163.030, 163.040 and 163.050.142-36
142-37
142-38
163.010 to142-39
Sec. 496. NRS 163.180 is hereby amended to read as follows: 163.180 A court142-41
upon notice to the beneficiaries, relieve a trustee from any or all of the142-42
duties and restrictions which would otherwise be placed upon142-43
trustee by NRS 163.010 to143-1
partly excuse a trustee who has acted honestly and reasonably from liability143-2
for violation of the provisions of NRS 163.010 to143-3
inclusive.143-4
Sec. 497. NRS 163.190 is hereby amended to read as follows: 163.190 If a trustee violates any of the provisions of NRS 163.010 to143-6
143-7
compensation in whole or in part ,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: 163.200 NRS 163.010 to143-11
inclusive, must be so interpreted and construed as to effectuate their143-12
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: 163.230 1. A devise ,143-15
determinable by the law of this state, may be made by a will to a trustee or143-16
trustees of a trust established or created by the testator , or by the testator143-17
and some other person or persons , or by some other person or persons ,143-18
including a funded or unfunded life insurance trust, although the143-19
settlor has reserved any or all rights of ownership of the insurance contracts143-20
,143-21
in a written instrument143-22
concurrently with the execution of the testator’s will, or in the valid last143-23
will of a person who has predeceased the testator ,143-24
existence, size or character of the corpus of the trust .143-25
2. The devise143-26
or revocable, or both, or because the trust was amended after the execution143-27
of the will or after the death of the testator.143-28
3. Unless the testator’s will provides otherwise, the property so devised143-29
:143-30
(a) Shall not be deemed to be held under a testamentary trust of the143-31
testator but is a part of the trust to which it is given; and143-32
(b) Must be administered and disposed of in accordance with the143-33
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
143-37
pursuant to the Charitable Trust Act of 1971, and, if the testator’s will so143-38
provides, including any amendments to the trust made after the death of the143-39
testator.143-40
4. A revocation or termination of the trust before the death of the143-41
testator causes the devise144-1
Sec. 500. NRS 163.275 is hereby amended to read as follows: 163.275 1. A fiduciary may invest and reinvest, as144-3
deems advisable:144-4
144-5
notes, mortgages or other securities in or outside the United States;144-6
144-7
person in whom a beneficiary has an insurable interest, or in annuity144-8
contracts for any beneficiary;144-9
144-10
144-11
144-12
144-13
144-14
investing, reinvesting, owning, holding or trading in securities;144-15
144-16
of other issuers; and144-17
144-18
Securities and Exchange Commission144-19
144-20
(g) Generally in such property as the fiduciary deems advisable, even144-21
though144-22
law but for this section.144-23
2. A fiduciary may delegate the authority to invest, but he is not144-24
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: 163.290 A fiduciary may form a corporation , limited liability144-27
company or other entity , and transfer, assign and convey to144-28
corporation , limited liability company or entity all or any part of the estate144-29
or of any trust property in exchange for the stock, securities or obligations144-30
of144-31
entity, and continue to hold144-32
Sec. 502. NRS 163.295 is hereby amended to read as follows: 163.295 A fiduciary may continue any farming operation received by144-34
the fiduciary pursuant to the will , trust or other instrument and do any and144-35
all things deemed advisable by the fiduciary in the management and144-36
maintenance of such farm and the production and marketing of crops and144-37
dairy, poultry, livestock, orchard and the forest products, including , but not144-38
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 equipment144-42
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 of145-4
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 the145-6
purchase of farm machinery, equipment or livestock;145-7
6. To employ approved soil conservation practices in order to145-8
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 farm145-10
and sell the timber and forest products when it is to the best interest of the145-11
estate;145-12
8. To ditch, dam and drain damp or wet fields and areas of the farm145-13
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 and145-16
crops as may be necessary to carry on such operations;145-17
10. To market the products of the farm; and145-18
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: 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, the145-22
trustee of any trust which the decedent or the settlor or145-23
spouse or any child of145-24
upon such terms and conditions as to sale price, terms of payment and145-25
security as to the fiduciary seem advisable. The fiduciary has no duty to145-26
follow the proceeds of any such sale.145-27
2. Borrow money for such periods of time and upon such terms and145-28
conditions as to rates, maturities, renewals and securities as the fiduciary145-29
deems available from any trust created by the decedent,145-30
145-31
(a) Paying debts of the decedent, taxes, the costs of the administration of145-32
the estate145-33
(b) Discharging the liability of any fiduciary thereof. A fiduciary may145-34
mortgage, pledge or otherwise encumber such portion of the estate or any145-35
trust as may be required to145-36
renew145-37
Sec. 504. NRS 163.320 is hereby amended to read as follows: 163.320 A fiduciary may:145-39
1. Borrow money for such periods of time and upon such terms and145-40
conditions as to rates, maturities, renewals and security as the fiduciary145-41
deems advisable, including the power of a corporate fiduciary to borrow145-42
from its own banking department, for the purpose of paying debts, taxes or145-43
other charges against the estate or any trust, or any part thereof;146-1
2.146-2
or otherwise encumber such portion of the estate or any trust as may be146-3
required to146-4
3. Renew existing loans either as maker or endorser.146-5
Sec. 505. NRS 163.400 is hereby amended to read as follows: 163.400 A fiduciary may:146-7
1. Make payments in money, or in property in lieu of money, to or for a146-8
minor or146-9
following ways:146-10
(a) Directly to146-11
(b) To apply directly in payment for the support, maintenance, education146-12
and medical, surgical, hospital or other institutional care of146-13
minor or146-14
(c) To the legal or natural guardian of146-15
146-16
(d) To any other person, whether or not appointed guardian of the146-17
person by any court, who has, in fact, the care and custody of the person of146-18
146-19
2. The fiduciary has no duty to see to the application of the payments146-20
so made, if the fiduciary exercised due care in the selection of the person,146-21
including the minor or146-22
146-23
that person is full acquittance to the fiduciary.146-24
Sec. 506. NRS 163.440 is hereby amended to read as follows: 163.440 As used in NRS 163.420 to 163.550, inclusive, unless146-26
otherwise indicated, section references are to the146-27
Revenue Code of146-28
include future amendments to such sections and corresponding provisions146-29
of future146-30
Sec. 507. NRS 163.520 is hereby amended to read as follows: 163.520 1. In the administration of any private foundation trust, split146-32
interest trust or charitable trust which is subject to the provisions of the146-33
Internal Revenue Code of146-34
1999, the following acts are prohibited:146-35
(a) Engaging in any act or "self-dealing , "146-36
4941(d)146-37
Section 4941(a);146-38
(b) Retaining any "excess business holdings , "146-39
4943(c)146-40
Section 4943(a);147-1
(c) Making any investments which would jeopardize the carrying out of147-2
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
and147-5
(d) Making any "taxable expenditures , "147-6
4945(d)147-7
Section 4945(a).147-8
2. This section does not apply to those split interest trusts or amounts147-9
of such split interest trusts which are not subject to the prohibitions147-10
applicable to private foundations by reason of the provisions of Section147-11
4947.147-12
Sec. 508. NRS 163.540 is hereby amended to read as follows: 163.540 1.147-14
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 the147-16
provisions of NRS 163.420 to 163.550, inclusive.147-17
2. Any such amendment147-18
trustee filing a147-19
147-20
147-21
date for the hearing of the petition, and the trustee shall cause notice of the147-22
hearing of the petition147-23
(a) Personally served on the147-24
settlors of the trust, if living, and on all named beneficiaries of147-25
trust, if any,147-26
147-27
147-28
147-29
147-30
147-31
147-32
147-33
147-34
and in the manner provided in NRS 155.010;147-35
(b) Published on three dates of publication before the hearing, and if147-36
the newspaper is published more than once each week, there must be at147-37
least 10 days147-38
from the first to last date of publication, including both the first and the147-39
last days; and147-40
(c) Delivered, together with a copy of the petition, to the attorney147-41
general of the State of Nevada at the time of the filing of the petition.147-42
3. At the hearing of147-43
may authorize the trustee to amend, revise, delete or add provisions to the148-1
trust148-2
inclusive,148-3
Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the148-4
148-5
to act,148-6
obtained.148-7
Sec. 509. NRS 163.570 is hereby amended to read as follows: 163.570 A trustee may:148-9
1. Join with a decedent’s surviving spouse148-10
148-11
decedent’s estate in the execution and filing of a joint income tax return for148-12
any period before the decedent’s death for which the decedent had not filed148-13
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 the148-15
decedent for any period before his death; and148-16
3. Pay such taxes thereon as are chargeable to the decedent.148-17
Sec. 510. Chapter 164 of NRS is hereby amended by adding thereto148-18
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, the148-20
clerk shall set a petition authorized by this chapter for hearing, and the148-21
petitioner shall give notice to all interested persons for the period and in148-22
the manner provided in NRS 155.010. The notice must state the filing of148-23
the petition, the object and the time of the hearing. For the purposes of148-24
this section, "interested person" means a settlor, trustee, beneficiary or148-25
any other person to whom the court directs that notice be given.148-26
Sec. 512. 1. The court has exclusive jurisdiction of proceedings148-27
initiated by the petition of an interested person concerning the internal148-28
affairs of a nontestamentary trust. Proceedings which may be maintained148-29
under this section are those concerning the administration and148-30
distribution of trusts, the declaration of rights and the determination of148-31
other matters involving trustees and beneficiaries of trusts, including148-32
petitions with respect to a nontestamentary trust for any appropriate148-33
relief provided with respect to a testamentary trust in section 428 of this148-34
act.148-35
2. A petition under this section may be filed in conjunction with a148-36
petition under NRS 164.010 or at any time after the court has assumed148-37
jurisdiction under that section.148-38
3. Upon the hearing, the court shall enter such order as it deems148-39
appropriate. The order is final and conclusive as to all matters148-40
determined and is binding in rem upon the trust estate and upon the148-41
interests of all beneficiaries, vested or contingent, except that appeal to148-42
the supreme court may be taken from the order within 30 days after149-1
notice of its entry by filing notice of appeal with the clerk of the district149-2
court. The appellant shall mail a copy of the notice to each person who149-3
has appeared of record.149-4
4. A proceeding under this section does not result in continuing149-5
supervisory proceedings. The administration of the trust must proceed149-6
expeditiously in a manner consistent with the terms of the trust, without149-7
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 or149-9
exercised as provided by other law.149-10
Sec. 513. 1. The trustee or an interested person may petition the149-11
court to enter an order:149-12
(a) If the trustee is in possession of, or holds title to, property and the149-13
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 or149-15
is in possession of the property.149-16
(c) If property of the trust is subject to a claim of a creditor of the149-17
settlor of the trust.149-18
2. The court shall not grant a petition under this section if it149-19
determines that the matter should be determined by civil action.149-20
3. The petition must state facts showing that it is authorized under149-21
this section, the grounds of the petition, and the name and address of149-22
each person entitled to notice of the petition.149-23
4. Upon the filing of the petition, the clerk shall set it for hearing and149-24
the petitioner shall give notice of the hearing, at least 30 days before the149-25
time set, to:149-26
(a) All interested persons, including the attorney general if the petition149-27
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 or149-29
possession of the property, and any other person whose right, title or149-30
interest in or to the property would be affected by the granting of the149-31
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 is149-34
satisfied that a conveyance, transfer, delivery or other disposition should149-35
be made, the court shall enter an order directing the trustee or other149-36
person having title to or possession of the property to convey, transfer or149-37
deliver it to the person entitled thereto or granting other appropriate149-38
relief.149-39
6. Any person aggrieved by an order entered pursuant to this section149-40
may appeal to the supreme court within 30 days after the notice of the149-41
entry of the order by filing a notice of appeal with the clerk of the district149-42
court. The appellant shall mail a copy of the notice to each person who149-43
has appeared of record.150-1
Sec. 514. NRS 164.010 is hereby amended to read as follows: 164.010 1. Upon petition of any person appointed as trustee of an150-3
express trust by any written instrument other than a will, or upon petition of150-4
150-5
150-6
business , or in which the trust has been domiciled, shall consider the150-7
application to confirm the appointment of the trustee and specify the150-8
manner in which150-9
150-10
2.150-11
150-12
150-13
150-14
150-15
150-16
the same time any petition for instructions filed with the petition for150-17
confirmation.150-18
3. At any time, the trustee may petition the court for removal of the150-19
trust from continuing jurisdiction of the court.150-20
Sec. 515. NRS 164.025 is hereby amended to read as follows: 164.025 1. The trustee of a nontestamentary trust may after the death150-22
of the settlor of the trust cause to be published a notice in the manner150-23
specified in paragraph (b) of subsection 1 of NRS 155.020150-24
150-25
or readily ascertainable creditors.150-26
2. The notice must be in substantially the following form:150-27
Notice to Creditors150-28
Notice is hereby given that the undersigned is the duly appointed and150-29
qualified trustee of the ................ trust. ................, the settlor of that trust150-30
died on ................. A creditor having a claim against the trust estate must150-31
file his claim with the undersigned at the address given below within 90150-32
days after the first publication of this notice.150-33
Dated150-34
150-35
Trustee150-36
150-37
Address150-38
3. A person having a claim, due or to become due, against a settlor150-39
or the trust must file the claim with the trustee within 90 days after the151-1
mailing, for those required to be mailed, or 90 days after publication of151-2
the first notice to creditors. Any claim against the trust estate not filed151-3
within151-4
barred. After151-5
expiration of the time, the trustee may distribute the assets of the trust to its151-6
beneficiaries without personal liability to any creditor who has failed to file151-7
a claim with the trustee.151-8
4. If the trustee knows or has reason to believe that the settlor received151-9
public assistance during his lifetime, the trustee shall, whether or not he151-10
gives notice to other creditors, give notice within 30 days after the death to151-11
the welfare division of the department of human resources151-12
151-13
NRS 155.010. If notice to the welfare division is required by this151-14
subsection but is not given, the trust estate and any assets transferred to a151-15
beneficiary remain subject to the right of the welfare division to recover151-16
public assistance received.151-17
Sec. 516. NRS 164.040 is hereby amended to read as follows: 164.040151-19
151-20
1. NRS 164.010 and section 513 of this act do not limit or abridge the151-21
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 necessary151-23
or proper to dispose of the matters presented by a petition, including the151-24
appointment of a temporary trustee to administer the trust in whole or in151-25
part.151-26
Sec. 517. NRS 164.050 is hereby amended to read as follows: 164.050 1. In acquiring, investing, reinvesting, exchanging, retaining,151-28
selling and managing property for the benefit of another, a fiduciary shall151-29
exercise the judgment and care under the circumstances then prevailing,151-30
which persons of prudence, discretion and intelligence exercise in the151-31
management of their own affairs, not in regard to speculation, but in regard151-32
to the permanent disposition of their money, considering the probable151-33
income as well as the probable safety of their capital. Within the limitations151-34
of the foregoing standard, and subject to any express provision or limitation151-35
contained in any particular trust instrument , agreement, court order or151-36
will, a fiduciary may acquire and retain every kind of property, real,151-37
personal or mixed, and every kind of investment, including, without151-38
limitation, bonds, debentures151-39
stocks, preferred or common, which persons of prudence, discretion and151-40
intelligence acquire or retain for their own account.151-41
2. The propriety of an investment decision is to be determined by what151-42
the fiduciary knew or should have known at the time of the decision about151-43
the inherent nature and expected performance of the investment, the152-1
attributes of the portfolio, the general economy and the needs and152-2
objectives of the beneficiaries of the account as they existed at the time of152-3
the decision. Any determination of the liability of the fiduciary for the152-4
performance of his investments must be made giving consideration not only152-5
to the performance of a particular investment, but also to the performance152-6
of the portfolio as a whole.152-7
3.152-8
authorize any departure from, or variation of, the express terms or152-9
limitations set forth in any will, agreement, court order or152-10
instrument creating or defining the duties and powers. The term "legal152-11
investment" or "authorized investment," or words of similar import, as used152-12
in any such instrument, must be construed to mean any investment which is152-13
permitted by the terms of subsection 1.152-14
4. The provisions of this section govern fiduciaries acting pursuant to152-15
wills, agreements, court orders and152-16
Sec. 518. NRS 164.070 is hereby amended to read as follows: 164.070 NRS 164.070 to152-18
as the Uniform Common Trust Fund Act.152-19
Sec. 519. NRS 164.080 is hereby amended to read as follows: 164.080 1. Any bank or trust company qualified to act as fiduciary in152-21
this state, or in any other state if affiliated with a bank or trust company152-22
qualified to act as fiduciary in this state, may:152-23
(a) Establish common trust funds to furnish investments to itself and its152-24
affiliated bank or trust company as fiduciary or to itself, its affiliated bank152-25
or trust company and others, as cofiduciaries; and152-26
(b) As fiduciary or cofiduciary, invest money which it lawfully holds for152-27
investment in interests in those common trust funds, if the investment is not152-28
prohibited by the instrument, judgment, decree or order creating the152-29
fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust152-30
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 state152-32
in which it was chartered, which is not a member of the Federal Reserve152-33
System shall, in the operation of the common trust fund, comply with the152-34
regulations adopted by the supervisor of banking in the state in which it152-35
was chartered and with the regulations adopted by the commissioner of152-36
financial institutions in this state.152-37
3. The commissioner of152-38
department of business and industry may adopt regulations to carry out the152-39
provisions of NRS 164.070 to152-40
4. As used in this section, "affiliated" means two or more banks or trust152-41
companies:152-42
(a) In which at least 25 percent of their voting shares, excluding shares152-43
owned by the United States or by any company wholly owned by the153-1
United States, are directly or indirectly owned or controlled by a holding153-2
company; or153-3
(b) In which the election of a majority of the directors is controlled in153-4
any manner by a holding company.153-5
Sec. 520. NRS 164.090 is hereby amended to read as follows: 164.090 Unless ordered by a court of competent jurisdiction , the bank153-7
or trust company operating153-8
render a court accounting with regard to153-9
may, by153-10
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: 164.100 NRS 164.070 to153-13
be so interpreted and construed as to effectuate their general purpose to153-14
make uniform the law of those states which enact them.153-15
Sec. 522. NRS 164.130 is hereby amended to read as follows: 164.130 Upon153-17
or otherwise as trustee, with the concurrence of the beneficiary or153-18
beneficiaries, a153-19
supervision of the trust to any judicial district within the state, or to any153-20
court outside Nevada which accepts jurisdiction over the trust, when the153-21
convenience of beneficiaries, trustees, attorneys or other interested persons153-22
makes a transfer desirable.153-23
Sec. 523. NRS 164.520 is hereby amended to read as follows: 164.520 "Donative instrument" means a will, trust, deed, grant,153-25
conveyance, agreement, memorandum, writing or other governing153-26
document, including the terms of any institutional solicitations from which153-27
an institutional fund resulted, under which property is transferred to or held153-28
by an institution as an institutional fund.153-29
Sec. 524. NRS 165.020 is hereby amended to read as follows: 165.020 1. As used in this chapter:153-31
(a) "Affiliate" means any person directly or indirectly controlling or153-32
controlled by another person, or any person under direct or indirect153-33
common control by another person. It includes any person with whom a153-34
trustee has an express or implied agreement regarding the purchase of trust153-35
investments by each from the other, directly or indirectly.153-36
(b) "Beneficiary" includes a beneficiary under the trust, a person who is153-37
entitled to the trust capital at the termination of the trust and a surety on the153-38
bond of the trustee.153-39
(c) "Nontestamentary trustee" means a trustee serving under a trust153-40
created in this state otherwise than by a will, or such a trust administered153-41
in this state, whether the trustee was appointed by the settlor or by a court153-42
or other authority.154-1
(d) "Relative" means a spouse, ancestor, descendant, brother154-2
sister.154-3
(e) "Settlor" includes the creator of a testamentary as well as a154-4
nontestamentary trust.154-5
(f) "Testamentary trustee" means a trustee serving under a trust created154-6
by a will of a testator domiciled in this state at the time of154-7
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 other154-9
authority.154-10
(g) "Trustee" includes trustees, a corporate as well as a natural person, a154-11
successor or substitute trustee, and the successor in interest of a deceased154-12
sole trustee.154-13
2. This chapter154-14
trusts, business trusts where certificates of beneficial interest are issued to154-15
the beneficiaries, investment trusts, voting trusts, insurance trusts prior to154-16
the death of the insured, trusts in the nature of mortgages or pledges, trusts154-17
created by judgment or decree of a federal court or a state court other than154-18
the district court acting in probate matters, liquidation trusts, or trust for the154-19
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: 165.030 Within 75 days after154-23
testamentary trustee154-24
154-25
admitted to probate an inventory under oath, showing by items all the trust154-26
property which154-27
154-28
Sec. 526. NRS 165.040 is hereby amended to read as follows: 165.040 1. Except as otherwise provided in subsection 3, within154-30
154-31
154-32
in which the testamentary trustee had a duty to file154-33
prescribed in NRS 165.030,154-34
154-35
trustee154-36
the will was admitted to probate an intermediate account under oath154-37
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 the154-40
trustee, with a statement as to those known to be minors or154-41
154-42
unborn or unascertained beneficiaries, and the name of the surety or154-43
sureties on the trustee’s bond with the amount of the bond;155-1
(c) In a separate schedule, additions to trust principal during the155-2
accounting period with the dates and sources of acquisition, investments155-3
collected, sold or charged off during the accounting period, investments155-4
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 and155-6
purpose of each, and the trust principal, invested or uninvested, on hand at155-7
the end of the accounting period, reflecting the approximate market value155-8
thereof;155-9
(d) In a separate schedule , the trust income on hand at the beginning of155-10
the accounting period, and in what form held, trust income received during155-11
the accounting period, when, and from what source, trust income paid out155-12
during the accounting period, when, to whom, and for what purpose, trust155-13
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 buyer155-15
from, the trustee of trust property during the accounting period was at the155-16
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; or155-19
(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 sales155-22
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 have155-25
become due with regard to the trust property, and if due, whether paid;155-26
(g) A brief summary of the account; and155-27
(h) Such other facts as the court may by rule or court order require.155-28
2. Except as otherwise provided in subsection 3, within155-29
after the end of each155-30
of the trust, the testamentary trustee then in office shall file with the same155-31
court an intermediate account under oath showing corresponding facts155-32
regarding the current accounting period.155-33
3. A corporate trustee is not required to file the intermediate accounts155-34
specified in subsections 1 and 2. A corporate trustee155-35
the information specified in subsection 1 in the final account for the entire155-36
time for which the trustee administered the trust.155-37
Sec. 527. NRS 165.050 is hereby amended to read as follows: 165.050 Within155-39
testamentary trust , the trustee, and in the case of the transfer of the155-40
trusteeship155-41
merger155-42
old trustee, shall file with the155-43
was admitted to probate a final account under oath, showing for the period156-1
since the filing of the last account the facts required by NRS 165.040156-2
regarding intermediate accountings, and in case of termination of the trust,156-3
the distribution of the trust property which the accountant proposes to156-4
make.156-5
Sec. 528. NRS 165.060 is hereby amended to read as follows: 165.060 Within 30 days after the distribution of the trust property by156-7
the testamentary trustee156-8
final account was filed a156-9
property which156-10
distributees. The court shall, as soon as practicable, act upon the account156-11
and discharge the trustee if the distributive account is approved.156-12
Sec. 529. NRS 165.070 is hereby amended to read as follows: 165.070 1. Every testamentary trustee who files an intermediate156-14
account in court shall , within 10 days after156-15
each known beneficiary a notice of156-16
court hearing on the account , a summary of the account with an offer to156-17
deliver the full account on demand, or if there is to be a court hearing on156-18
the account , a copy of the account.156-19
156-20
to the beneficiary personally, or to156-21
guardian or attorney of record; or156-22
156-23
156-24
to the beneficiary, guardian or attorney of record, at the last known address156-25
of the addressee.156-26
2. Any beneficiary or the trustees may petition the court for a hearing156-27
on any intermediate account, and the holding of such a hearing156-28
in the discretion of the court. In the case of the third intermediate156-29
accounting, and every 3 years thereafter, the trustee shall156-30
the court for a hearing on and approval of all unapproved accounts, and156-31
shall give each known beneficiary written notice of156-32
156-33
before the day of the hearing, in the manner prescribed for the delivery of156-34
the copy of the account. The156-35
hearing on a petition to approve an intermediate accounting156-36
at least156-37
trustee of the156-38
account156-39
156-40
156-41
be requested to allow.157-1
Sec. 530. NRS 165.080 is hereby amended to read as follows: 165.080 At least 10 days before the157-3
to approve a final accounting, the testamentary trustee shall deliver to each157-4
beneficiary a copy of the account and a notice of the time and place at157-5
which the account will be presented for approval, which157-6
not be earlier than 10 days after the account was filed.157-7
may be accomplished in the same manner as with regard to the service of157-8
papers on the intermediate accounting. The notice157-9
beneficiaries of the amount of157-10
be requested by the trustee157-11
of the account, and the amount of other fees which the court will then be157-12
requested to allow.157-13
Sec. 531. NRS 165.090 is hereby amended to read as follows: 165.090 1. Except as provided in subsection 2, when an intermediate157-15
or final account is presented for consideration in court , the testamentary157-16
trustee157-17
157-18
157-19
157-20
157-21
157-22
157-23
157-24
157-25
157-26
substantiate payments made157-27
administration of the trust, but shall retain possession of the vouchers and157-28
permit examination thereof by157-29
person interested in the estate.157-30
2. The court on its own motion, or upon application ex parte for157-31
good cause by any interested person, may order production for157-32
examination of vouchers, canceled checks or other documents that157-33
support an account.157-34
3. If any vouchers are lost, or for other good reason cannot be157-35
produced on settlement of an account, the payment may be proved by the157-36
oath of one competent witness. If it is proved that vouchers for a157-37
disbursement have been lost or destroyed, that it is impossible to obtain157-38
duplicates, and that the expenses were paid in good faith and were legal157-39
charges against the testamentary trust, the trustee must be allowed those157-40
expenses.157-41
Sec. 532. NRS 165.100 is hereby amended to read as follows: 165.100157-43
otherwise legally158-1
unascertained beneficiaries , may be represented in a testamentary trust158-2
accounting by158-3
living members of the class to which they do or would belong, or by a158-4
guardian ad litem, as the court deems158-5
beneficiary is unknown, or there is doubt as to the existence of one or more158-6
persons as beneficiaries, the court shall make such provision for service of158-7
notice and representation on the accounting as it believes proper.158-8
Sec. 533. NRS 165.110 is hereby amended to read as follows: 165.110 On or before the158-10
158-11
final account , the testamentary trustee shall file an affidavit or certificate158-12
proving the timely delivery to the known beneficiaries of the documents158-13
required by this chapter or by court order. The procedure as to filing of158-14
objections, examination of the trustee and other witnesses, inspection of the158-15
trust property, adjournments, reference to a master or other representative158-16
of the court, amendment of the account158-17
in the discretion of the court.158-18
158-19
158-20
Sec. 534. NRS 165.120 is hereby amended to read as follows: 165.120 The approval by the court of a testamentary trustee’s account158-22
after due notice and service of papers or representation as provided in this158-23
chapter ,158-24
and his sureties from liability to all beneficiaries then known or in being, or158-25
who thereafter become known or in being, for all the trustee’s acts and158-26
omissions which are fully and accurately described in the account,158-27
including the then investment of the trust funds. The court may disapprove158-28
the account and surcharge the trustee for any loss caused by a breach of158-29
trust committed by him. The account may be reopened by the court on158-30
158-31
if it later appears that the account is incorrect, either because of fraud or158-32
mistake. Court approvals or disapprovals of intermediate or final accounts158-33
shall be deemed final judgments insofar as the right of appeal is concerned.158-34
No account158-35
after its approval. No beneficiary may move for the reopening of any158-36
account because of fraud more than 90 days after he discovers the existence158-37
of the fraud.158-38
Sec. 535. NRS 165.135 is hereby amended to read as follows: 165.135 The trustee of158-40
often than annually, furnish to each beneficiary who is currently entitled to158-41
receive income pursuant to the terms of the trust , to each residuary159-1
beneficiary who is then living, to each specific beneficiary then living159-2
who has not received complete distribution, and to any surety on the bond159-3
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 the159-7
dates and sources of acquisition;159-8
(b) Investments collected, sold or charged off during the accounting159-9
period;159-10
(c) Investments made during the accounting period, with the date, source159-11
and cost of each;159-12
(d) Deductions from principal during the accounting period, with the159-13
date and purpose of each; and159-14
(e) The trust principal, invested or uninvested, on hand at the end of the159-15
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, and159-18
in what form held;159-19
(b) Trust income received during the accounting period, when159-20
from what source;159-21
(c) Trust income paid out during the accounting period, when, to whom159-22
159-23
(d) Trust income on hand at the end of the accounting period159-24
how invested;159-25
4. A statement of any unpaid claims with the reason for failure to pay159-26
them; and159-27
5. A brief summary of the account.159-28
Sec. 536. NRS 165.150 is hereby amended to read as follows: 165.150 The clerks of the district courts shall severally keep records of159-30
all trust inventories and accounts filed with their respective courts .159-31
159-32
159-33
159-34
trustee subject to their respective jurisdictions has failed to perform any159-35
duty placed upon him by this chapter, issue a citation or order to the trustee159-36
requiring him to perform159-37
Sec. 537. NRS 165.180 is hereby amended to read as follows: 165.180159-39
does not abridge the power of any court of competent jurisdiction to159-40
require testamentary or nontestamentary trustees to file an inventory, to159-41
account, to exhibit the trust property, or to give beneficiaries information or159-42
the privilege of inspection of trust records and papers, at times other than159-43
those160-1
160-2
cause shown to excuse a trustee from performing any or all of the duties160-3
imposed on him by this chapter.160-4
This chapter does not preclude the trustee from accounting voluntarily160-5
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: 165.190160-9
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 him160-11
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 12:01160-18
a.m. on October 1, 1999.
160-19
LEADLINES OF REPEALED SECTIONS132.020 Determination of estates commenced before July 1, 1941;
160-21
repeal of certain statutes. 133.010 "Will" includes "codicil." 134.140 "Right of representation" defined. 134.200 Vesting of wife’s estate when husband dies intestate.160-25
135.070 Chapter not retroactive. 136.080 Nuncupative will: Period of limitation. 136.270 Notice of hearing of petition for probate of foreign will. 141.150 Appointment of successor executor or administrator:160-29
Death and residence of deceased need not be proved again. 142.120 District judge may cite executor or administrator to show160-31
cause for further security. 148.010 Order of resort to assets for payment of debts or expenses. 148.020 Order of resort for payment of legacies. 148.030 Order of abatement of legacies. 148.040 Contribution between devisees and legatees. 149.110 Authorization of conveyance. 149.120 Petition and notice. 149.130 Hearing and order. 149.140 Effect of decree; execution of conveyance160-40
.161-1
149.150 Authorization to exchange: Petition; notice. 150.090 First account: Filing and contents. 150.390 Applicability of provisions. 151.100 Accounting upon final distribution. 151.200 Annual account: Contents. 153.030 Application for accounting: Procedure. 153.040 Petition for instructions as to administration of trust;161-8
notice of hearing. 153.045 Trustee or executor authorized to distribute property and161-10
money in divided or undivided interests and on pro rata or nonpro161-11
rata basis; agreement by beneficiary or authorization by trust or will161-12
required for distribution on nonpro rata basis. 153.110 Vacancy in trusteeship: Appointment of temporary161-14
trustee. 154.050 Deposit of residue less than $2,000 with county treasurer. 163.210 Applicability. 163.240 Applicability. 164.110 Severability. 164.120 Applicability. 165.250 Applicability.~