Senate Bill No. 33–Committee on Judiciary

 

Prefiled January 24, 2001

 

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises various provisions governing probate. (BDR 12‑853)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to probate; providing for a declaration of attesting witnesses to a will; revising provisions governing the appeal of a contest of a will; revising provisions governing the summary administration of an estate; providing for the application of certain provisions governing estates to provisions governing trusts; revising various other provisions governing probate; 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 133.050 is hereby amended to read as follows:

1-2    133.050  1.  Any [or all of the attesting witnesses to any] attesting

1-3  witness to a will may sign a declaration under penalty of perjury or an

1-4  affidavit before any person authorized to administer oaths in or out of the

1-5  state, stating such facts as [they] the witness would be required to testify to

1-6  in court to prove the will. The declaration or affidavit must be written on

1-7  the will or, if that is impracticable, on some paper attached thereto. The

1-8  sworn statement of any witness so taken must be accepted by the court as if

1-9  it had been taken before the court.

1-10    2.  The affidavit described in subsection 1 may be in substantially [in

1-11  form as follows:] the following form:

1-12  STATE OF NEVADA }

1-13                             }ss.

1-14  COUNTY OF      }

1-15    (Date) ...............

1-16    Then and there personally appeared ................ and ................., who,

1-17  being duly sworn, depose and say: That they witnessed the execution of the

1-18  foregoing will of the testator, ................; that the testator subscribed the

1-19  will and declared it to be his last will and testament in their presence; that

1-20  they thereafter subscribed the will as witnesses in the presence of the


2-1  testator and in the presence of each other and at the request of the testator;

2-2  and that the testator at the time of the execution of the will appeared to

2-3  them to be of full age and of sound mind and memory.

2-4  .........................      Affiant

2-5  .........................      Affiant

2-6  Subscribed and sworn to before me this .......

2-7  day of the month of ....... of the year .......

2-8  .................... Notary Public

2-9    3.  The declaration described in subsection 1 may be in substantially

2-10  the following form:

2-11  Under penalty of perjury pursuant to the law of the State of Nevada, the

2-12  undersigned, .................... and ...................., declare that the following is

2-13  true of their own knowledge: That they witnessed the execution of the

2-14  foregoing will of the testator, ........................; that the testator subscribed

2-15  the will and declared it to be his last will and testament in their presence;

2-16  that they thereafter subscribed the will as witnesses in the presence of the

2-17  testator and in the presence of each other and at the request of the

2-18  testator; and that the testator at the time of the execution of the will

2-19  appeared to them to be of full age and of sound mind and memory.

2-20    Dated this ......... day of ................, ............

2-21  ........................       Declarant

2-22  ........................       Declarant

2-23    Sec. 2.  NRS 134.070 is hereby amended to read as follows:

2-24    134.070  If the decedent leaves no issue, surviving spouse, or father or

2-25  mother, and no brother or sister living at the time of death, the estate goes

2-26  to the next of kin in equal degree, except that if there are two or more

2-27  collateral kindred in equal degree, but claiming through different ancestors,

2-28  those who claim through the nearest ancestors are preferred to those who

2-29  claim through ancestors more remote. If any person dies leaving several

2-30  children, or leaving a child and issue of one or more children, and any such

2-31  surviving child dies under age and not having been married, all the estate

2-32  that came to the deceased child by inheritance from the deceased parent

2-33  descends in equal shares to the other children of the same parent, and to the

2-34  issue of any other children of the same parent who may have died, by right

2-35  of representation.

2-36    Sec. 3.  NRS 137.140 is hereby amended to read as follows:

2-37    137.140  An appeal from a final order determining the contest of a will

2-38  is governed by the Nevada Rules of Appellate Procedure [.] and must be

2-39  filed with the supreme court not later than 30 days after the notice of

2-40  entry of a final order. A party may make any motion after the

2-41  determination that is provided by the Nevada Rules of Civil Procedure.

2-42    Sec. 4.  NRS 139.010 is hereby amended to read as follows:

2-43    139.010  No person is entitled to letters of administration who:

2-44    1.  Is under the age of majority;

2-45    2.  Has been convicted of a felony;

2-46    3.  Upon proof, is adjudged by the court disqualified by reason of

2-47  drunkenness, improvidence or lack of integrity or understanding; or

 


3-1    4.  Is not a resident of the State of Nevada and who does not associate

3-2  as coadministrator a resident of the State of Nevada or which, in the case

3-3  of a banking corporation, is not authorized to do business in this state [or]

3-4  and does not associate as coadministrator a resident of the State of Nevada

3-5  or a banking corporation authorized to do business in this state.

3-6    Sec. 5.  NRS 139.040 is hereby amended to read as follows:

3-7    139.040  1.  Administration of the intestate estate of a decedent must

3-8  be granted to one or more of the persons mentioned in this section, and

3-9  they are respectively entitled to priority for appointment in the following

3-10  order:

3-11    (a) The surviving spouse.

3-12    (b) The children.

3-13    (c) The father or the mother.

3-14    (d) The brother or the sister.

3-15    (e) The grandchildren.

3-16    (f) Any other of the kindred entitled to share in the distribution of the

3-17  estate.

3-18    (g) Creditors who have become such during the lifetime of the decedent.

3-19    (h) The public administrator.

3-20    (i) Any of the kindred not above enumerated, within the fourth degree

3-21  of consanguinity.

3-22    (j) Any person or persons legally qualified.

3-23    2.  A person in each of the foregoing classes is entitled:

3-24    (a) To appointment, if [he is a] the person is:

3-25      (1) A resident of the State of Nevada or [is a] associates as

3-26  coadministrator a resident of the State of Nevada; or

3-27      (2) A banking corporation which is authorized to do business in this

3-28  state or which associates as coadministrator a resident of the State of

3-29  Nevada or a banking corporation authorized to do business in this state.

3-30    (b) To nominate a resident of the State of Nevada or a qualified banking

3-31  corporation for appointment, whether or not the nominator is a resident of

3-32  the State of Nevada or a qualified banking corporation. The nominee has

3-33  the same priority as the nominator. That priority is independent of the

3-34  residence or corporate qualification of the nominator.

3-35    3.  If any heir who is otherwise entitled to appointment is a minor or

3-36  an incompetent person for whom a guardian has been appointed, the

3-37  court may appoint the guardian of the minor or incompetent person as

3-38  administrator.

3-39    Sec. 6.  NRS 143.037 is hereby amended to read as follows:

3-40    143.037  1.  Except as otherwise provided in this section, a personal

3-41  representative shall close an estate within 18 months after appointment.

3-42    2.  If a claim against the estate is in litigation or in summary

3-43  determination pursuant to subsection [4] 5 of NRS 145.060 or subsection 2

3-44  of NRS 147.130 or the amount of federal estate tax has not been

3-45  determined, the court, upon petition of a devisee, creditor or heir, shall

3-46  order that:

3-47    (a) A certain amount of money, or certain other assets, be retained by

3-48  the personal representative to:

3-49      (1) Satisfy the claim or tax; and


4-1       (2) Pay any fees or costs related to the claim or tax, including fees for

4-2  appraisals, attorney’s fees and court costs; and

4-3    (b) The remainder of the estate be distributed.

4-4    3.  If a contest of the will or a proceeding to determine heirship is

4-5  pending, the court which appointed the personal representative:

4-6    (a) Shall order that a certain amount of money, or certain other assets,

4-7  be retained and the remainder of the estate distributed; or

4-8    (b) May, for good cause shown, order that the entire distributable estate

4-9  be retained pending disposition of the contest or proceeding.

4-10    Sec. 7.  NRS 143.170 is hereby amended to read as follows:

4-11    143.170  [A] Unless approved in advance by a court after application,

4-12  notice and a hearing on the matter, a personal representative shall not

4-13  directly or indirectly purchase any property of the estate represented by the

4-14  personal representative.

4-15    Sec. 8.  NRS 145.010 is hereby amended to read as follows:

4-16    145.010  The provisions of this chapter [shall] apply only to estates of

4-17  which summary administration [shall be] is ordered. Upon the granting of

4-18  summary administration, all regular proceedings and further notices

4-19  required by this Title are waived, except for the notices required by NRS

4-20  144.010, 145.060, 145.070 and 145.075.

4-21    Sec. 9.  NRS 145.060 is hereby amended to read as follows:

4-22    145.060  1.  A personal representative shall publish and mail notice

4-23  to creditors in the manner provided in NRS 155.020.

4-24    2.  Creditors of the estate must file their claims, due or to become due,

4-25  with the clerk, within 60 days after the mailing to the creditors for those

4-26  required to be mailed, or 60 days after the first publication of the notice to

4-27  creditors pursuant to NRS 155.020, and within 10 days thereafter the

4-28  personal representative shall allow or reject the claims filed.

4-29    [2.] 3.  Any claim which is not filed within the 60 days is barred

4-30  forever, except that if it is made to appear, by the affidavit of the claimant

4-31  or by other proof to the satisfaction of the court, that the claimant did not

4-32  have notice as provided in NRS 155.020, the claim may be filed at any

4-33  time before the filing of the final account.

4-34    [3.] 4.  Every claim which is filed as provided in this section and

4-35  allowed by the personal representative, must then, and not until then, be

4-36  ranked as an acknowledged debt of the estate and be paid in the course of

4-37  administration, except that payment of small debts in advance may be

4-38  made pursuant to subsection 3 of NRS 150.230.

4-39    [4.] 5.  If a claim filed by the welfare division of the department of

4-40  human resources is rejected by the personal representative, the state

4-41  welfare administrator may, within 20 days after receipt of the written

4-42  notice of rejection, petition the court for summary determination of the

4-43  claim. A petition for summary determination must be filed with the clerk,

4-44  who shall set the petition for hearing, and the petitioner shall give notice

4-45  for the period and in the manner required by NRS 155.010. Allowance of

4-46  the claim by the court is sufficient evidence of its correctness, and it must

4-47  be paid as if previously allowed by the personal representative.

 

 


5-1    Sec. 10.  NRS 146.080 is hereby amended to read as follows:

5-2    146.080  1.  If a decedent leaves no real property, nor interest therein,

5-3  nor mortgage or lien thereon, in this state, and the gross value of the

5-4  decedent’s property in this state, over and above any amounts due to the

5-5  decedent for services in the Armed Forces of the United States, does not

5-6  exceed $20,000, a person who has a right to succeed to the property of the

5-7  decedent [under] pursuant to the laws of succession for a decedent who

5-8  died intestate or [under] pursuant to the valid will of a decedent who died

5-9  testate, on behalf of all persons entitled to succeed to the property claimed,

5-10  or the state welfare administrator or public administrator on behalf of the

5-11  state or others entitled to the property, may, 40 days after the death of the

5-12  decedent, without procuring letters of administration or awaiting the

5-13  probate of the will, collect any money due the decedent, receive the

5-14  property of the decedent, and have any evidences of interest, indebtedness

5-15  or right transferred to the claimant upon furnishing the person,

5-16  representative, corporation, officer or body owing the money, having

5-17  custody of the property or acting as registrar or transfer agent of the

5-18  evidences of interest, indebtedness or right, with an affidavit showing the

5-19  right of the affiant or affiants to receive the money or property or to have

5-20  the evidence transferred.

5-21    2.  An affidavit made pursuant to this section must state:

5-22    (a) The affiant’s name and address, and that the affiant is entitled by law

5-23  to succeed to the property claimed;

5-24    (b) [That the decedent was a resident of Nevada at the time of death;]

5-25  The date and place of death of the decedent;

5-26    (c) That the gross value of the decedent’s property in this state, except

5-27  amounts due to the decedent for services in the Armed Forces of the United

5-28  States, does not exceed $20,000, and that the property does not include any

5-29  real property nor interest therein, nor mortgage or lien thereon;

5-30    (d) That at least 40 days have elapsed since the death of the decedent [;]

5-31  , as shown in a certified copy of the certificate of death of the decedent

5-32  attached to the affidavit;

5-33    (e) That no petition for the appointment of a personal representative is

5-34  pending or has been granted in any jurisdiction;

5-35    (f) That all debts of the decedent, including funeral and burial expenses,

5-36  and money owed to the department of human resources as a result of the

5-37  payment of benefits for Medicaid, have been paid or provided for;

5-38    (g) A description of the personal property and the portion claimed;

5-39    (h) That the affiant has given written notice, by personal service or by

5-40  certified mail, identifying the affiant’s claim and describing the property

5-41  claimed, to every person whose right to succeed to the decedent’s property

5-42  is equal or superior to that of the affiant, and that at least 14 days have

5-43  elapsed since the notice was served or mailed;

5-44    (i) That the affiant is personally entitled, or the department of human

5-45  resources is entitled, to full payment or delivery of the property claimed or

5-46  is entitled to payment or delivery on behalf of and with the written

5-47  authority of all other successors who have an interest in the property; and

5-48    (j) That the affiant acknowledges an understanding that filing a false

5-49  affidavit constitutes a felony in this state.


6-1    3.  If the affiant:

6-2    (a) Submits an affidavit which does not meet the requirements of

6-3  subsection 2 or which contains statements which are not entirely true, any

6-4  money or property the affiant receives is subject to all debts of the

6-5  decedent.

6-6    (b) Fails to give notice to other successors as required by subsection 2,

6-7  any money or property the affiant receives is held by the affiant in trust for

6-8  all other successors who have an interest in the property.

6-9    4.  A person who receives an affidavit containing the information

6-10  required by subsection 2 is entitled to rely upon that information, and if the

6-11  person relies in good faith, the person is immune from civil liability for

6-12  actions based on that reliance.

6-13    5.  Upon receiving proof of the death of the decedent and an affidavit

6-14  containing the information required by this section:

6-15    (a) A transfer agent of any security shall change the registered

6-16  ownership of the security claimed from the decedent to the person claiming

6-17  to succeed to ownership of that security.

6-18    (b) A governmental agency required to issue certificates of ownership

6-19  or registration to personal property shall issue a new certificate of

6-20  ownership or registration to the person claiming to succeed to ownership of

6-21  the property.

6-22    6.  If any property of the estate not exceeding $20,000 is located in a

6-23  state which requires an order of a court for the transfer of the property, or if

6-24  the estate consists of stocks or bonds which must be transferred by an agent

6-25  outside this state, any person qualified [under] pursuant to the provisions

6-26  of subsection 1 to have the stocks or bonds or other property transferred

6-27  may do so by obtaining a court order directing the transfer. The person

6-28  desiring the transfer must file a petition, which may be ex parte,

6-29  containing:

6-30    (a) A specific description of all the property of the decedent.

6-31    (b) A list of all the liens and mortgages of record at the date of the

6-32  decedent’s death.

6-33    (c) An estimate of the value of the property of the decedent.

6-34    (d) The names, ages of any minors, and residences of the decedent’s

6-35  heirs and devisees.

6-36    (e) A request for the court to issue an order directing the transfer of the

6-37  stocks or bonds or other property if the court finds the gross value of the

6-38  estate does not exceed $20,000.

6-39    (f) An attached copy of the executed affidavit made pursuant to

6-40  subsection 2.

6-41  If the court finds that the gross value of the estate does not exceed $20,000

6-42  and the person requesting the transfer is entitled to it, the court may enter

6-43  an order directing the transfer.

6-44    Sec. 11.  NRS 147.110 is hereby amended to read as follows:

6-45    147.110  1.  Within 15 days after the time for filing claims has

6-46  expired, as provided in this chapter, the personal representative shall

6-47  examine all claims filed and shall either endorse on each claim an

6-48  allowance or rejection, with the day and the year thereof, or shall file a

6-49  notice of allowance or rejection with the date and the year thereof, and the


7-1  notice of allowance or rejection must be attached to the claim allowed or

7-2  rejected and filed with the clerk.

7-3    2.  If a personal representative refuses or neglects to endorse on a claim

7-4  an allowance or rejection within 15 days, as specified in this section, or

7-5  does not file a notice of allowance or rejection, the claim shall be deemed

7-6  rejected, but the personal representative may, nevertheless, allow the claim

7-7  at any time before the filing of the final account.

7-8    3.  [If a claim is deemed rejected pursuant to subsection 2, the personal

7-9  representative must, not more than 10 days after the rejection, provide

7-10  written notice of the rejection by registered mail to all affected creditors.

7-11    4.]  A personal representative need not allow or reject a claim that was

7-12  not timely filed unless the court otherwise orders.

7-13    Sec. 12.  NRS 148.220 is hereby amended to read as follows:

7-14    148.220  1.  Notice of the time and place of sale of real property must

7-15  be published in a newspaper published in the county in which the property,

7-16  or some portion of the property, is located, if there is one so published, and

7-17  if not, then in such paper as the court directs, for 2 weeks, being three

7-18  publications, 1 week apart, before the day of sale or, in the case of a private

7-19  sale, before the day on or after which the sale is to be made. For good

7-20  cause shown, the court may decrease the number of publications to one and

7-21  shorten the time for publication to a period not less than 8 days.

7-22    2.  If the personal representative is the sole devisee or heir of the

7-23  estate, or if all devisees or heirs of the estate consent in writing, the court

7-24  may waive the requirement of publication.

7-25    3.  If it appears from the inventory and appraisement that the value of

7-26  the property to be sold does not exceed $5,000, the personal representative

7-27  may [dispense with] waive the requirement of publication and, in lieu

7-28  thereof, post a notice of the time and place of sale in three of the most

7-29  public places in the county in which the property, or some portion of the

7-30  property, is located, for 2 weeks before the day of the sale or, in the case of

7-31  a private sale, before the day on or after which the sale is to be made.

7-32    [3.] 4.  The property proposed to be sold must be described with

7-33  common certainty in the notice.

7-34    Sec. 13.  Chapter 150 of NRS is hereby amended by adding thereto a

7-35  new section to read as follows:

7-36    Notwithstanding any other provision of this chapter, the court may

7-37  waive the requirement of any accounting if all interested persons agree

7-38  in writing to the waiver.

7-39    Sec. 14.  NRS 150.180 is hereby amended to read as follows:

7-40    150.180  1.  If a minor is interested in the estate who has no legally

7-41  appointed guardian, the court may appoint a disinterested attorney to

7-42  represent him who may contest the account as any other interested person

7-43  might contest it.

7-44    2.  The court may also appoint an attorney to represent unborn,

7-45  incapacitated or absent heirs and devisees.

7-46    3.  [All matters, including allowed claims not addressed in the

7-47  settlement of any former account, or in entering an order of sale, may be

7-48  contested by interested persons for cause shown.


8-1    4.]  An attorney so appointed must be paid as provided in NRS

8-2  150.060.

8-3    Sec. 15.  NRS 155.190 is hereby amended to read as follows:

8-4    155.190  In addition to any order from which an appeal is expressly

8-5  permitted by this Title, an appeal may be taken to the supreme court within

8-6  30 days after [its entry from] the notice of entry of an order:

8-7    1.  Granting or revoking letters testamentary or letters of

8-8  administration.

8-9    2.  Admitting a will to probate or revoking the probate thereof.

8-10    3.  Setting aside an estate claimed not to exceed $50,000 in value.

8-11    4.  Setting apart property as a homestead, or claimed to be exempt from

8-12  execution.

8-13    5.  Granting or modifying a family allowance.

8-14    6.  Directing or authorizing the sale or conveyance or confirming the

8-15  sale of property.

8-16    7.  Settling an account of a personal representative or trustee.

8-17    8.  Instructing or appointing a trustee.

8-18    9.  Instructing or directing a personal representative.

8-19    10.  Directing or allowing the payment of a debt, claim, devise or

8-20  attorney’s fee.

8-21    11.  Determining heirship or the persons to whom distribution must be

8-22  made or trust property must pass.

8-23    12.  Distributing property.

8-24    13.  Refusing to make any order mentioned in this section or any

8-25  decision wherein the amount in controversy equals or exceeds, exclusive of

8-26  costs, $5,000.

8-27    14.  Granting or denying a motion to enforce the liability of a surety

8-28  filed pursuant to NRS 142.035.

8-29    15.  Granting an order for conveyance or transfer pursuant to NRS

8-30  148.410.

8-31    Sec. 16.  NRS 53.045 is hereby amended to read as follows:

8-32    53.045  [1.  Except as otherwise provided in subsection 2, any] Any

8-33  matter whose existence or truth may be established by an affidavit or other

8-34  sworn declaration may be established with the same effect by an unsworn

8-35  declaration of its existence or truth signed by the declarant under penalty of

8-36  perjury, and dated, in substantially the following form:

8-37    [(a)] 1.  If executed in this state: “I declare under penalty of perjury

8-38  that the foregoing is true and correct.”

8-39  .................................... Executed on .......                                         

8-40                                                         (date)   (signature)

8-41    [(b)] 2.  If executed outside this state: “I declare under penalty of

8-42  perjury under the law of the State of Nevada that the foregoing is true and

8-43  correct.”

8-44  .................................... Executed on .......                                         

8-45                                                         (date)   (signature)

8-46    [2.  This section does not dispense with a requirement of a witness to or

8-47  the authentication of a signature, or the requirements of NRS 133.050 or a

8-48  similar statute.]


9-1    Sec. 17.  Chapter 164 of NRS is hereby amended by adding thereto a

9-2  new section to read as follows:

9-3    When not otherwise inconsistent with the provisions of chapters 162 to

9-4  167, inclusive, of NRS, all of the provisions of chapters 132, 153 and 155

9-5  of NRS regulating the matters of estates:

9-6    1.  Apply to proceedings relating to trusts, as appropriate; or

9-7    2.  May be applied to supplement the provisions of chapters 162 to

9-8  167, inclusive, of NRS.

9-9    Sec. 18.  NRS 164.025 is hereby amended to read as follows:

9-10    164.025  1.  The trustee of a nontestamentary trust may after the death

9-11  of the settlor of the trust cause to be published a notice in the manner

9-12  specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy

9-13  of the notice to known or readily ascertainable creditors.

9-14    2.  The notice must be in substantially the following form:

9-15  NOTICE TO CREDITORS

9-16    Notice is hereby given that the undersigned is the duly appointed and

9-17  qualified trustee of the ................ trust. ................, the settlor of that trust

9-18  died on ................. A creditor having a claim against the trust estate must

9-19  file his claim with the undersigned at the address given below within 90

9-20  days after the first publication of this notice.

9-21    Dated..............

9-22  ....................

9-23                                                      Trustee

9-24  ....................

9-25                                                     Address

9-26    3.  A person having a claim, due or to become due, against a settlor or

9-27  the trust must file the claim with the trustee within 90 days after the

9-28  mailing, for those required to be mailed, or 90 days after publication of the

9-29  first notice to creditors. Any claim against the trust estate not filed within

9-30  that time is forever barred. After the expiration of the time, the trustee may

9-31  distribute the assets of the trust to its beneficiaries without personal

9-32  liability to any creditor who has failed to file a claim with the trustee.

9-33    4.  If the trustee knows or has reason to believe that the settlor received

9-34  public assistance during his lifetime, the trustee shall, whether or not he

9-35  gives notice to other creditors, give notice within 30 days after the death to

9-36  the welfare division of the department of human resources in the manner

9-37  provided in NRS 155.010. If notice to the welfare division is required by

9-38  this subsection , but is not given, the trust estate and any assets transferred

9-39  to a beneficiary remain subject to the right of the welfare division to

9-40  recover public assistance received.

9-41    5.  If a claim is rejected by the trustee, in whole or in part, the trustee

9-42  must, within 10 days of the rejection, notify the claimant of the rejection

9-43  by written notice forwarded by registered or certified mail to the mailing

9-44  address of the claimant. The claimant must bring suit in the proper court

9-45  against the trustee within 60 days after the notice is given, whether the

9-46  claim is due or not, or the claim is barred forever and the trustee may

9-47  distribute the assets of the trust to its beneficiaries without personal

9-48  liability to any creditor whose claim is barred forever.

 


10-1    Sec. 19.  NRS 145.050 is hereby repealed.

 

 

10-2  TEXT OF REPEALED SECTION

 

 

10-3    NRS 145.050  Certain regular proceedings and notices dispensed

10-4   with by order for summary administration.  The order for a summary

10-5   administration of the estate must:

10-6    1.  Dispense with all regular proceedings and further notices, except for

10-7   the notices required by NRS 145.030, 145.070, 145.075 and 147.010; and

10-8    2.  Provide that an inventory and appraisement or record of value be

10-9   filed with the clerk.

 

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