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

1-1 Section 1. NRS 253.040 is hereby amended to read as follows:

1-2 253.040 1. Public administrators [are authorized to] may administer

1-13 public administrator’s duties for all estates for which he has been issued

2-1 letters of administration, and all estates administered pursuant to NRS

2-2 253.0403, if the aggregate value of all the estates does not exceed the

2-3 amount of his bond.

2-4 Sec. 2. NRS 253.0403 is hereby amended to read as follows:

2-5 253.0403 1. When the gross value of a decedent’s property situated

2-6 in this state does not exceed [$2,500,] $5,000, a public administrator may,

2-7 without procuring letters of administration, administer the estate of that

2-8 person upon filing with the court an affidavit of his right to do so.

2-9 2. The affidavit must provide:

2-10 (a) The public administrator’s name and address, and his attestation that

2-11 he is entitled by law to administer the estate;

2-12 (b) The decedent’s place of residence at the time of his death;

2-13 (c) That the gross value of the decedent’s property in this state does not

2-14 exceed [$2,500;] $5,000;

2-15 (d) That at least 40 days have elapsed since the death of the decedent;

2-16 (e) That no application or petition for the appointment of a personal

2-17 representative is pending or has been granted in this state;

2-18 (f) A description of the personal property of the decedent;

2-19 (g) Whether there are any heirs or next of kin known to the affiant, and

2-20 if known, the name and address of each such person;

2-21 (h) If heirs or next of kin are known to the affiant, a description of the

2-22 method of service he used to provide to each of them notice of the affidavit

2-23 and that at least 10 days have elapsed since the notice was provided;

2-24 (i) That all debts of the decedent, including funeral and burial expenses,

2-25 have been paid or provided for; and

2-26 (j) The name of each person to whom the affiant intends to distribute the

2-27 decedent’s property.

2-28 3. Before filing the affidavit with the court, the public administrator

2-29 shall take reasonable steps to ascertain whether any of the decedent’s heirs

2-30 or next of kin exist. If the administrator determines that heirs or next of kin

2-31 exist, he shall serve each of them with a copy of the affidavit. Service must

2-32 be made personally or by certified mail.

2-33 4. If the affiant:

2-34 (a) Submits an affidavit which does not meet the requirements of

2-35 subsection 2 or which contains statements which are not entirely true, any

2-36 money or property he receives or distributes is subject to all debts of the

2-37 decedent, based on the priority for payment of debts and charges specified

2-38 in NRS 150.220.

2-39 (b) Fails to give notice to heirs or next of kin as required by subsection

2-40 3, any money or property he holds or distributes to others shall be deemed

2-41 to be held in trust for those heirs and next of kin who did not receive notice

2-42 and have an interest in the property.

3-1 5. A person who receives an affidavit containing the information

3-2 required by subsection 2 is entitled to rely upon such information, and if he

3-3 relies in good faith, he is immune from civil liability for actions based on

3-4 that reliance.

3-5 6. Upon receiving proof of the death of the decedent, an affidavit

3-6 containing the information required by this section and the written approval

3-7 of the public administrator to do so:

3-8 (a) A transfer agent of any security shall change the registered

3-9 ownership of the security claimed from the decedent to the person claiming

3-10 to succeed to ownership of that security.

3-11 (b) A governmental agency required to issue certificates of ownership or

3-12 registration to personal property shall issue a new certificate of ownership

3-13 or registration to the person claiming to succeed to ownership of the

3-14 property.

3-15 Sec. 3. NRS 253.0405 is hereby amended to read as follows:

3-16 253.0405 Before the issuance of the letters of administration for an

3-23 2. Failure to do so could endanger the property.

3-24 Sec. 4. NRS 253.0407 is hereby amended to read as follows:

3-25 253.0407 [A] 1. Except as otherwise provided in subsection 2, a

3-43 salvage to be impractical;

4-1 (c) The property constitutes an immediate threat to public health or

4-2 safety;

4-3 (d) The handling, transfer or storage of the property may endanger

4-4 public health or safety or exacerbate contamination; and

4-5 (e) The value of the property is less than $250 or, if the value of the

4-6 property is $250 or more, a state or local health officer has endorsed the

4-7 destruction of the property.

4-8 Sec. 5. NRS 253.0415 is hereby amended to read as follows:

4-9 253.0415 The public administrator shall:

4-35 other qualified person is willing and able to serve.

4-36 Sec. 6. NRS 253.0425 is hereby amended to read as follows:

4-37 253.0425 1. If the public administrator finds that there is no qualified

4-41 less, he shall:

5-1 (a) Assist a proper person to petition to have it set aside without

5-2 administration or directly receive the assets from a custodian, as the facts

5-3 may warrant;

5-4 (b) Himself petition to have the estate set aside without administration

5-5 and properly distributed; or

5-6 (c) Administer the estate pursuant to NRS 253.0403.

5-7 3. If the estate appears to have a gross value of more than [$25,000:]

5-8 $50,000:

5-9 (a) He shall proceed with summary or full administration as the value of

5-10 the estate requires.

5-11 (b) He may retain an attorney to assist him, rotating this employment in

5-12 successive estates among the attorneys practicing in the county who are

5-13 qualified by experience and willing to serve. The attorney’s fee is a charge

5-14 upon the estate.

5-15 Sec. 7. NRS 253.044 is hereby amended to read as follows:

5-16 253.044 In a county whose population is less than 100,000, the board

5-42 and the estate does not exceed $10,000 in gross value.]

6-1 4. File an affidavit pursuant to NRS 253.0403 to administer the estate

6-2 if, after investigation, the public administrator or other suitable person

6-3 designated by the board finds that the gross value of the decedent’s

6-4 property situated in this state does not exceed [$2,500.] $5,000.

6-5 5. Act, upon order of a court, as:

6-6 (a) Guardian of the person and estate of an adult ward; or

6-7 (b) Administrator of the estate of a person dying intestate,

6-8 regardless of the amount of assets in the estate of the ward or decedent if no

6-9 other qualified person is willing and able to serve.

6-10 Sec. 8. Chapter 704 of NRS is hereby amended by adding thereto a

6-11 new section to read as follows:

6-12 1. To assist a public administrator in carrying out his duties

6-13 pursuant to chapter 253 of NRS, a public administrator or a deputy

6-14 designated by him may submit a written request to a public utility for the

6-15 name and address of a person listed in the records of the customers of

6-16 the public utility.

6-17 2. Upon receipt of a written request pursuant to subsection 1, a

6-18 public utility shall disclose the name and address of the person listed in

6-19 the records of customers of the public utility to the public administrator

6-20 or a deputy designated by him.

6-21 3. A disclosure made in good faith pursuant to subsection 1 does not

6-22 give rise to any action for damages for the disclosure of the name and

6-23 address of a customer by a public utility.

6-24 Sec. 9. This act becomes effective upon passage and approval.