Senate Bill No. 472–Committee on Government Affairs

(On Behalf of Washoe County)

March 18, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions governing public administrators and public guardians. (BDR 20-554)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

 

AN ACT relating to public administrators; increasing the value of estates that may be administered by a public administrator by affidavit; authorizing the destruction of the property of a ward or decedent without giving notice to the next of kin, under certain circumstances; prohibiting certain public administrators from acting as guardians of proposed wards; revising the circumstances under which a public administrator is required to petition a court for letters of administration; allowing the appointment of a public guardian for a person who is under 60 years of age; authorizing a public administrator or a deputy designated by him to obtain the name and address of a customer of a public utility; and providing other matters properly relating thereto.

 

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

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

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

1-3 on the estates of any deceased persons in any cases where by law they are

1-4 entitled to administer by virtue of their office. Except as otherwise provided

1-5 in NRS 253.0403 [,] and 253.0425, public administrators are required to

1-6 make formal application for letters of administration.

1-7 2. In counties whose population is 100,000 or more, the public

1-8 administrator shall execute a bond to the State of Nevada in the amount of

1-9 $100,000, conditioned that the public administrator will faithfully execute

1-10 the duties of the trust according to law.

2-1 3. In counties whose population is less than 100,000, the official bond

2-2 given pursuant to NRS 253.020 may secure the faithful execution of the

2-3 public administrator’s duties for all estates for which he has been issued

2-4 letters of administration, and all estates administered pursuant to NRS

2-5 253.0403, if the aggregate value of all the estates does not exceed the

2-6 amount of his bond.

2-7 Sec. 2. NRS 253.0403 is hereby amended to read as follows:

2-8 253.0403 1. When the gross value of a decedent’s property situated

2-9 in this state does not exceed [$2,500,] $5,000, a public administrator may,

2-10 without procuring letters of administration, administer the estate of that

2-11 person upon filing with the court an affidavit of his right to do so.

2-12 2. The affidavit must provide:

2-13 (a) The public administrator’s name and address, and his attestation that

2-14 he is entitled by law to administer the estate;

2-15 (b) The decedent’s place of residence at the time of his death;

2-16 (c) That the gross value of the decedent’s property in this state does not

2-17 exceed [$2,500;] $5,000;

2-18 (d) That at least 40 days have elapsed since the death of the decedent;

2-19 (e) That no application or petition for the appointment of a personal

2-20 representative is pending or has been granted in this state;

2-21 (f) A description of the personal property of the decedent;

2-22 (g) Whether there are any heirs or next of kin known to the affiant, and

2-23 if known, the name and address of each such person;

2-24 (h) If heirs or next of kin are known to the affiant, a description of the

2-25 method of service he used to provide to each of them notice of the affidavit

2-26 and that at least 10 days have elapsed since the notice was provided;

2-27 (i) That all debts of the decedent, including funeral and burial expenses,

2-28 have been paid or provided for; and

2-29 (j) The name of each person to whom the affiant intends to distribute the

2-30 decedent’s property.

2-31 3. Before filing the affidavit with the court, the public administrator

2-32 shall take reasonable steps to ascertain whether any of the decedent’s heirs

2-33 or next of kin exist. If the administrator determines that heirs or next of kin

2-34 exist, he shall serve each of them with a copy of the affidavit. Service must

2-35 be made personally or by certified mail.

2-36 4. If the affiant:

2-37 (a) Submits an affidavit which does not meet the requirements of

2-38 subsection 2 or which contains statements which are not entirely true, any

2-39 money or property he receives or distributes is subject to all debts of the

2-40 decedent, based on the priority for payment of debts and charges specified

2-41 in NRS 150.220.

2-42 (b) Fails to give notice to heirs or next of kin as required by subsection

2-43 3, any money or property he holds or distributes to others shall be deemed

3-1 to be held in trust for those heirs and next of kin who did not receive notice

3-2 and have an interest in the property.

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

3-4 required by subsection 2 is entitled to rely upon such information, and if he

3-5 relies in good faith, he is immune from civil liability for actions based on

3-6 that reliance.

3-7 6. Upon receiving proof of the death of the decedent, an affidavit

3-8 containing the information required by this section and the written approval

3-9 of the public administrator to do so:

3-10 (a) A transfer agent of any security shall change the registered

3-11 ownership of the security claimed from the decedent to the person claiming

3-12 to succeed to ownership of that security.

3-13 (b) A governmental agency required to issue certificates of ownership or

3-14 registration to personal property shall issue a new certificate of ownership

3-15 or registration to the person claiming to succeed to ownership of the

3-16 property.

3-17 Sec. 3. NRS 253.0405 is hereby amended to read as follows:

3-18 253.0405 Before the issuance of the letters of administration for an

3-19 estate, [or] before filing an affidavit to administer an estate pursuant to

3-20 NRS 253.0403 [,] or before petitioning to have an estate set aside

3-21 pursuant to NRS 253.0425, the public administrator may secure the

3-22 property of a deceased person if he finds that:

3-23 1. There are no relatives of the deceased who are able to protect the

3-24 property; and

3-25 2. Failure to do so could endanger the property.

3-26 Sec. 4. NRS 253.0407 is hereby amended to read as follows:

3-27 253.0407 [A] 1. Except as otherwise provided in subsection 2, a

3-28 public administrator, with regard to the personal property of the estate of a

3-29 ward or a decedent, may donate property that has a value of less than $250

3-30 to a nonprofit organization, or destroy property that has a value of less than

3-31 $100, if:

3-32 [1.] (a) The property, if that of a ward, is not necessary for the care or

3-33 comfort of the ward; and

3-34 [2.] (b) A notice of intent to donate or destroy the property is:

3-35 [(a)] (1) Mailed by certified mail to the ward’s or decedent’s next of kin

3-36 at his last known home address; or

3-37 [(b)] (2) Personally delivered to him,

3-38 and that person fails to claim the property within 15 days.

3-39 2. A public administrator may authorize the immediate destruction of

3-40 the property of a ward or decedent, without giving notice to the next of

3-41 kin, if:

3-42 (a) The administrator determines that the property has been

3-43 contaminated by vermin or biological or chemical agents;

4-1 (b) The expenses related to the decontamination of the property cause

4-2 salvage to be impractical;

4-3 (c) The property constitutes an immediate threat to public health or

4-4 safety;

4-5 (d) The handling, transfer or storage of the property may endanger

4-6 public health or safety or exacerbate contamination; and

4-7 (e) The value of the property is less than $100 or, if the value of the

4-8 property is $100 or more, a state or local health officer has endorsed the

4-9 destruction of the property.

4-10 Sec. 5. NRS 253.0415 is hereby amended to read as follows:

4-11 253.0415 1. The public administrator shall:

4-12 [1. Investigate:]

4-13 (a) Investigate:

4-14 (1) The financial status of any proposed ward [,] for whom he has

4-15 been requested to serve as guardian [,] to determine whether he is eligible

4-16 to serve in that capacity.

4-17 [(b)] (2) The financial status of any decedent for whom he has been

4-18 requested to serve as administrator to determine the assets and liabilities

4-19 of the estate.

4-20 (3) Whether there is any qualified person [,] who is willing and able

4-21 to serve as guardian for a ward or administrator of the estate of an intestate

4-22 decedent [,] to determine whether he is eligible to serve in that capacity.

4-23 [2.] (b) Petition the court for appointment as guardian of the person and

4-24 estate of any ward if, after investigation, the public administrator finds that

4-25 he is eligible to serve. [This] Except as otherwise provided in subsection

4-26 2, this petition for appointment as guardian must be made by the public

4-27 administrator regardless of the amount of assets in the guardianship estate if

4-28 no other qualified person having a prior right is willing and able to serve.

4-29 [3.] (c) Except as otherwise provided in NRS 253.0403 [,] and

4-30 253.0425, petition the court for letters of administration of the estate of a

4-31 person dying intestate if, after investigation, the public administrator finds

4-32 that there is no other qualified person having a prior right who is willing

4-33 and able to serve . [, and the estate does not exceed $25,000 in gross value.

4-34 4.] (d) Upon court order, act as:

4-35 [(a)] (1) Guardian of the person and estate of an adult ward; or

4-36 [(b)] (2) Administrator of the estate of a person dying intestate,

4-37 regardless of the amount of assets in the estate of the ward or decedent if no

4-38 other qualified person is willing and able to serve.

4-39 2. The public administrator is not eligible to serve as a guardian of

4-40 the person and estate of a ward if the board of county commissioners of

4-41 his county has established the office of public guardian pursuant to NRS

4-42 253.150, unless the board has designated the public administrator as ex

4-43 officio public guardian.

5-1 Sec. 6. NRS 253.0425 is hereby amended to read as follows:

5-2 253.0425 1. If the public administrator finds that there is no qualified

5-3 person willing and able to administer the estate of a particular decedent, he

5-4 shall investigate further to estimate its gross value.

5-5 2. If the estate appears to have a gross value of [$25,000] $50,000 or

5-6 less, he shall:

5-7 (a) Assist a proper person to petition to have it set aside without

5-8 administration or directly receive the assets from a custodian, as the facts

5-9 may warrant;

5-10 (b) Himself petition to have the estate set aside without administration

5-11 and properly distributed; or

5-12 (c) Administer the estate pursuant to NRS 253.0403.

5-13 3. If the estate appears to have a gross value of more than [$25,000:]

5-14 $50,000:

5-15 (a) He shall proceed with summary or full administration as the value of

5-16 the estate requires.

5-17 (b) He may retain an attorney to assist him, rotating this employment in

5-18 successive estates among the attorneys practicing in the county who are

5-19 qualified by experience and willing to serve. The attorney’s fee is a charge

5-20 upon the estate.

5-21 Sec. 7. NRS 253.044 is hereby amended to read as follows:

5-22 253.044 In a county whose population is less than 100,000, the board

5-23 of county commissioners may, after reviewing each case, direct the public

5-24 administrator or any other suitable person to:

5-25 1. Investigate:

5-26 (a) The financial status of any proposed ward for whom a request to

5-27 serve as guardian has been received to determine whether there is a need

5-28 for a guardian to be appointed and whether the public administrator or

5-29 other suitable person designated by the board is able and eligible to serve in

5-30 that capacity.

5-31 (b) Whether there is any qualified person who is willing and able to

5-32 serve as guardian for a ward or administrator of the estate of an intestate

5-33 decedent, and to determine whether there is a need for a guardian or an

5-34 administrator and whether the public administrator or other suitable person

5-35 designated by the board is eligible to serve in that capacity.

5-36 2. Petition the court for appointment as guardian of the person or as

5-37 guardian of the person and estate of any ward if, after investigation, the

5-38 public administrator or other suitable person designated by the board finds

5-39 that there is a need for such an appointment and that he is able and eligible

5-40 to serve. If no other qualified person having a prior right is willing and able

5-41 to serve, the public administrator or other suitable person designated by the

5-42 board shall petition for appointment as guardian regardless of the amount

5-43 of assets in the estate of the proposed ward.

6-1 3. Petition the court for letters of administration of the estate of a

6-2 person dying intestate if, after investigation, the public administrator or

6-3 other suitable person designated by the board finds that there is no other

6-4 qualified person having a prior right who is willing and able to serve . [,

6-5 and the estate does not exceed $10,000 in gross value.]

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

6-7 if, after investigation, the public administrator or other suitable person

6-8 designated by the board finds that the gross value of the decedent’s

6-9 property situated in this state does not exceed [$2,500.] $5,000.

6-10 5. Act, upon order of a court, as:

6-11 (a) Guardian of the person and estate of an adult ward; or

6-12 (b) Administrator of the estate of a person dying intestate,

6-13 regardless of the amount of assets in the estate of the ward or decedent if no

6-14 other qualified person is willing and able to serve.

6-15 Sec. 8. NRS 253.200 is hereby amended to read as follows:

6-16 253.200 1. A resident of Nevada [who is 60 years of age or older] is

6-17 eligible to have the public guardian appointed as his individual guardian if

6-18 he:

6-19 (a) Has no relative or friend able and willing to serve as his guardian; or

6-20 (b) Lacks sufficient assets to provide the requisite compensation to a

6-21 private guardian.

6-22 2. A person so qualified, or anyone on his behalf, may petition the

6-23 district court of the county in which he resides to make the appointment.

6-24 Sec. 9. Chapter 704 of NRS is hereby amended by adding thereto a

6-25 new section to read as follows:

6-26 1. A public administrator or deputy designated by him may submit a

6-27 written request to a public utility for the name and address of a person

6-28 listed in the records of the public utility if the information is necessary to

6-29 assist the public administrator in carrying out his duties pursuant to

6-30 chapter 253 of NRS.

6-31 2. Upon receipt of a written request pursuant to subsection 1, a

6-32 public utility shall disclose the name and address of the person listed in

6-33 the records of customers of the public utility to the public administrator

6-34 or a deputy designated by him.

6-35 3. A disclosure made in good faith pursuant to subsection 1 does not

6-36 give rise to any action for damages for the disclosure of the name and

6-37 address of a customer by a public utility.

6-38 Sec. 10. This act becomes effective upon passage and approval.

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