(REPRINTED WITH ADOPTED AMENDMENTS)

                                                                                    FIRST REPRINT                                         S.B. 33

 

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 who may have died, by right of representation.]

2-35      Sec. 3.  NRS 134.080 is hereby amended to read as follows:

2-36    134.080  1.  At the death of a child who is under age , who is without

2-37  issue and who has not been married, all the other children of the parent

2-38  being also dead, if any of the other children left issue, the estate that came

2-39  to the child by inheritance from the parent descends to all the issue of the

2-40  other children of the same parent, and if all the issue are in the same degree

2-41  of kindred to the child , they are entitled to share the estate equally;

2-42  otherwise, they are entitled to take according to the right of representation.

2-43    2.  If any person dies leaving several children, or leaving a child and

2-44  issue of one or more children, and any such surviving child dies under

2-45  age, without issue and not having been married, all the estate that came

2-46  to the deceased child by inheritance from the deceased parent descends

2-47  in equal shares to the other children of the same parent, and to the issue

2-48  of any other children of the same parent who may have died, by right of

2-49  representation.


3-1    Sec. 4.  NRS 137.140 is hereby amended to read as follows:

3-2    137.140  An appeal from a final order determining the contest of a will

3-3  is governed by the Nevada Rules of Appellate Procedure[.] , and the

3-4  notice of appeal must be filed with the clerk of the district court not later

3-5  than 30 days after the date of service of written notice of entry of a final

3-6  order. A party may make any motion after the determination that is

3-7  provided by the Nevada Rules of Civil Procedure.

3-8    Sec. 5.  NRS 139.010 is hereby amended to read as follows:

3-9    139.010  No person is entitled to letters of administration who:

3-10    1.  Is under the age of majority;

3-11    2.  Has been convicted of a felony;

3-12    3.  Upon proof, is adjudged by the court disqualified by reason of

3-13  conflict of interest, drunkenness, improvidence or lack of integrity or

3-14  understanding; or

3-15    4.  Is not a resident of the State of Nevada and who does not associate

3-16  as coadministrator a resident of the State of Nevada or which, in the case

3-17  of a banking corporation, is not authorized to do business in this state [or]

3-18  and does not associate as coadministrator a resident of the State of Nevada

3-19  or a banking corporation authorized to do business in this state.

3-20    Sec. 6.  NRS 139.040 is hereby amended to read as follows:

3-21    139.040  1.  Administration of the intestate estate of a decedent must

3-22  be granted to one or more of the persons mentioned in this section, and

3-23  they are respectively entitled to priority for appointment in the following

3-24  order:

3-25    (a) The surviving spouse.

3-26    (b) The children.

3-27    (c) The father or the mother.

3-28    (d) The brother or the sister.

3-29    (e) The grandchildren.

3-30    (f) Any other of the kindred entitled to share in the distribution of the

3-31  estate.

3-32    (g) [Creditors who have become such during the lifetime of the

3-33  decedent.

3-34    (h)]The public administrator.

3-35    (h) Creditors who have become such during the lifetime of the

3-36  decedent.

3-37    (i) Any of the kindred not above enumerated, within the fourth degree

3-38  of consanguinity.

3-39    (j) Any person or persons legally qualified.

3-40    2.  A person in each of the foregoing classes is entitled:

3-41    (a) To appointment, if [he is a] the person is:

3-42      (1) A resident of the State of Nevada or [is a] associates as

3-43  coadministrator a resident of the State of Nevada; or

3-44      (2) A banking corporation which is authorized to do business in this

3-45  state or which associates as coadministrator a resident of the State of

3-46  Nevada or a banking corporation authorized to do business in this state.

3-47    (b) To nominate a resident of the State of Nevada or a qualified banking

3-48  corporation for appointment, whether or not the nominator is a resident of

3-49  the State of Nevada or a qualified banking corporation. The nominee has


4-1  the same priority as the nominator. That priority is independent of the

4-2  residence or corporate qualification of the nominator.

4-3    3.  If any heir who is otherwise entitled to appointment is a minor or

4-4  an incompetent person for whom a guardian has been appointed, the

4-5  court may appoint the guardian of the minor or incompetent person as

4-6  administrator.

4-7    Sec. 7.  NRS 143.037 is hereby amended to read as follows:

4-8    143.037  1.  Except as otherwise provided in this section, a personal

4-9  representative shall close an estate within 18 months after appointment.

4-10    2.  If a claim against the estate is in litigation or in summary

4-11  determination pursuant to subsection [4] 5 of NRS 145.060 or subsection 2

4-12  of NRS 147.130 or the amount of federal estate tax has not been

4-13  determined, the court, upon petition of a devisee, creditor or heir, shall

4-14  order that:

4-15    (a) A certain amount of money, or certain other assets, be retained by

4-16  the personal representative to:

4-17      (1) Satisfy the claim or tax; and

4-18      (2) Pay any fees or costs related to the claim or tax, including fees for

4-19  appraisals, attorney’s fees and court costs; and

4-20    (b) The remainder of the estate be distributed.

4-21    3.  If a contest of the will or a proceeding to determine heirship is

4-22  pending, the court which appointed the personal representative:

4-23    (a) Shall order that a certain amount of money, or certain other assets,

4-24  be retained and the remainder of the estate distributed; or

4-25    (b) May, for good cause shown, order that the entire distributable estate

4-26  be retained pending disposition of the contest or proceeding.

4-27    Sec. 8.  NRS 143.170 is hereby amended to read as follows:

4-28    143.170  [A] Unless approved in advance by a court after application,

4-29  notice and a hearing on the matter, a personal representative shall not

4-30  directly or indirectly purchase any property of the estate represented by the

4-31  personal representative.

4-32    Sec. 9.  NRS 145.010 is hereby amended to read as follows:

4-33    145.010  The provisions of this chapter [shall] apply only to estates of

4-34  which summary administration [shall be] is ordered. Upon the granting of

4-35  summary administration, all regular proceedings and further notices

4-36  required by this Title are waived, except for the notices required by NRS

4-37  144.010, 145.060, 145.070 and 145.075.

4-38    Sec. 10.  NRS 145.060 is hereby amended to read as follows:

4-39    145.060  1.  A personal representative shall publish and mail notice

4-40  to creditors in the manner provided in NRS 155.020.

4-41    2.  Creditors of the estate must file their claims, due or to become due,

4-42  with the clerk, within 60 days after the mailing to the creditors for those

4-43  required to be mailed, or 60 days after the first publication of the notice to

4-44  creditors pursuant to NRS 155.020, and within 10 days thereafter the

4-45  personal representative shall allow or reject the claims filed.

4-46    [2.] 3.  Any claim which is not filed within the 60 days is barred

4-47  forever, except that if it is made to appear, by the affidavit of the claimant

4-48  or by other proof to the satisfaction of the court, that the claimant did not


5-1  have notice as provided in NRS 155.020, the claim may be filed at any

5-2  time before the filing of the final account.

5-3    [3.] 4.  Every claim which is filed as provided in this section and

5-4  allowed by the personal representative, must then, and not until then, be

5-5  ranked as an acknowledged debt of the estate and be paid in the course of

5-6  administration, except that payment of small debts in advance may be

5-7  made pursuant to subsection 3 of NRS 150.230.

5-8    [4.] 5.  If a claim filed by the welfare division of the department of

5-9  human resources is rejected by the personal representative, the state

5-10  welfare administrator may, within 20 days after receipt of the written

5-11  notice of rejection, petition the court for summary determination of the

5-12  claim. A petition for summary determination must be filed with the clerk,

5-13  who shall set the petition for hearing, and the petitioner shall give notice

5-14  for the period and in the manner required by NRS 155.010. Allowance of

5-15  the claim by the court is sufficient evidence of its correctness, and it must

5-16  be paid as if previously allowed by the personal representative.

5-17    Sec. 11.  NRS 146.080 is hereby amended to read as follows:

5-18    146.080  1.  If a decedent leaves no real property, nor interest therein,

5-19  nor mortgage or lien thereon, in this state, and the gross value of the

5-20  decedent’s property in this state, over and above any amounts due to the

5-21  decedent for services in the Armed Forces of the United States, does not

5-22  exceed $20,000, a person who has a right to succeed to the property of the

5-23  decedent [under] pursuant to the laws of succession for a decedent who

5-24  died intestate or [under] pursuant to the valid will of a decedent who died

5-25  testate, on behalf of all persons entitled to succeed to the property claimed,

5-26  or the state welfare administrator or public administrator on behalf of the

5-27  state or others entitled to the property, may, 40 days after the death of the

5-28  decedent, without procuring letters of administration or awaiting the

5-29  probate of the will, collect any money due the decedent, receive the

5-30  property of the decedent, and have any evidences of interest, indebtedness

5-31  or right transferred to the claimant upon furnishing the person,

5-32  representative, corporation, officer or body owing the money, having

5-33  custody of the property or acting as registrar or transfer agent of the

5-34  evidences of interest, indebtedness or right, with an affidavit showing the

5-35  right of the affiant or affiants to receive the money or property or to have

5-36  the evidence transferred.

5-37    2.  An affidavit made pursuant to this section must state:

5-38    (a) The affiant’s name and address, and that the affiant is entitled by law

5-39  to succeed to the property claimed;

5-40    (b) [That the decedent was a resident of Nevada at the time of death;]

5-41  The date and place of death of the decedent;

5-42    (c) That the gross value of the decedent’s property in this state, except

5-43  amounts due to the decedent for services in the Armed Forces of the United

5-44  States, does not exceed $20,000, and that the property does not include any

5-45  real property nor interest therein, nor mortgage or lien thereon;

5-46    (d) That at least 40 days have elapsed since the death of the decedent[;]

5-47  , as shown in a certified copy of the certificate of death of the decedent

5-48  attached to the affidavit;


6-1    (e) That no petition for the appointment of a personal representative is

6-2  pending or has been granted in any jurisdiction;

6-3    (f) That all debts of the decedent, including funeral and burial expenses,

6-4  and money owed to the department of human resources as a result of the

6-5  payment of benefits for Medicaid, have been paid or provided for;

6-6    (g) A description of the personal property and the portion claimed;

6-7    (h) That the affiant has given written notice, by personal service or by

6-8  certified mail, identifying the affiant’s claim and describing the property

6-9  claimed, to every person whose right to succeed to the decedent’s property

6-10  is equal or superior to that of the affiant, and that at least 14 days have

6-11  elapsed since the notice was served or mailed;

6-12    (i) That the affiant is personally entitled, or the department of human

6-13  resources is entitled, to full payment or delivery of the property claimed or

6-14  is entitled to payment or delivery on behalf of and with the written

6-15  authority of all other successors who have an interest in the property; and

6-16    (j) That the affiant acknowledges an understanding that filing a false

6-17  affidavit constitutes a felony in this state.

6-18    3.  If the affiant:

6-19    (a) Submits an affidavit which does not meet the requirements of

6-20  subsection 2 or which contains statements which are not entirely true, any

6-21  money or property the affiant receives is subject to all debts of the

6-22  decedent.

6-23    (b) Fails to give notice to other successors as required by subsection 2,

6-24  any money or property the affiant receives is held by the affiant in trust for

6-25  all other successors who have an interest in the property.

6-26    4.  A person who receives an affidavit containing the information

6-27  required by subsection 2 is entitled to rely upon that information, and if the

6-28  person relies in good faith, the person is immune from civil liability for

6-29  actions based on that reliance.

6-30    5.  Upon receiving proof of the death of the decedent and an affidavit

6-31  containing the information required by this section:

6-32    (a) A transfer agent of any security shall change the registered

6-33  ownership of the security claimed from the decedent to the person claiming

6-34  to succeed to ownership of that security.

6-35    (b) A governmental agency required to issue certificates of ownership

6-36  or registration to personal property shall issue a new certificate of

6-37  ownership or registration to the person claiming to succeed to ownership of

6-38  the property.

6-39    6.  If any property of the estate not exceeding $20,000 is located in a

6-40  state which requires an order of a court for the transfer of the property, or if

6-41  the estate consists of stocks or bonds which must be transferred by an agent

6-42  outside this state, any person qualified [under] pursuant to the provisions

6-43  of subsection 1 to have the stocks or bonds or other property transferred

6-44  may do so by obtaining a court order directing the transfer. The person

6-45  desiring the transfer must file a petition, which may be ex parte,

6-46  containing:

6-47    (a) A specific description of all the property of the decedent.

6-48    (b) A list of all the liens and mortgages of record at the date of the

6-49  decedent’s death.


7-1    (c) An estimate of the value of the property of the decedent.

7-2    (d) The names, ages of any minors, and residences of the decedent’s

7-3  heirs and devisees.

7-4    (e) A request for the court to issue an order directing the transfer of the

7-5  stocks or bonds or other property if the court finds the gross value of the

7-6  estate does not exceed $20,000.

7-7    (f) An attached copy of the executed affidavit made pursuant to

7-8  subsection 2.

7-9  If the court finds that the gross value of the estate does not exceed $20,000

7-10  and the person requesting the transfer is entitled to it, the court may enter

7-11  an order directing the transfer.

7-12    Sec. 12.  NRS 147.110 is hereby amended to read as follows:

7-13    147.110  1.  Within 15 days after the time for filing claims has

7-14  expired, as provided in this chapter, the personal representative shall

7-15  examine all claims filed and shall either endorse on each claim an

7-16  allowance or rejection, with the day and the year thereof, or shall file a

7-17  notice of allowance or rejection with the date and the year thereof, and the

7-18  notice of allowance or rejection must be attached to the claim allowed or

7-19  rejected and filed with the clerk.

7-20    2.  If a personal representative refuses or neglects to endorse on a claim

7-21  an allowance or rejection within 15 days, as specified in this section, or

7-22  does not file a notice of allowance or rejection, the claim shall be deemed

7-23  rejected, but the personal representative may, nevertheless, allow the claim

7-24  at any time before the filing of the final account.

7-25    3.  [If a claim is deemed rejected pursuant to subsection 2, the personal

7-26  representative must, not more than 10 days after the rejection, provide

7-27  written notice of the rejection by registered mail to all affected creditors.

7-28    4.] A personal representative need not allow or reject a claim that was

7-29  not timely filed unless the court otherwise orders.

7-30    Sec. 13.  NRS 148.220 is hereby amended to read as follows:

7-31    148.220  1.  Notice of the time and place of sale of real property must

7-32  be published in a newspaper published in the county in which the property,

7-33  or some portion of the property, is located, if there is one so published, and

7-34  if not, then in such paper as the court directs, for 2 weeks, being three

7-35  publications, 1 week apart, before the day of sale or, in the case of a private

7-36  sale, before the day on or after which the sale is to be made. For good

7-37  cause shown, the court may decrease the number of publications to one and

7-38  shorten the time for publication to a period not less than 8 days.

7-39    2.  If the personal representative is the sole devisee or heir of the

7-40  estate, or if all devisees or heirs of the estate consent in writing, the court

7-41  may waive the requirement of publication.

7-42    3.  If it appears from the inventory and appraisement that the value of

7-43  the property to be sold does not exceed $5,000, the personal representative

7-44  may [dispense with] waive the requirement of publication and, in lieu

7-45  thereof, post a notice of the time and place of sale in three of the most

7-46  public places in the county in which the property, or some portion of the

7-47  property, is located, for 2 weeks before the day of the sale or, in the case of

7-48  a private sale, before the day on or after which the sale is to be made.


8-1    [3.] 4.  The property proposed to be sold must be described with

8-2  common certainty in the notice.

8-3    Sec. 14.  Chapter 150 of NRS is hereby amended by adding thereto a

8-4  new section to read as follows:

8-5    Notwithstanding any other provision of this chapter, the court may

8-6  waive the requirement of any accounting if all interested persons agree

8-7  in writing to the waiver.

8-8    Sec. 15.  NRS 150.180 is hereby amended to read as follows:

8-9    150.180  1.  If a minor is interested in the estate who has no legally

8-10  appointed guardian, the court may appoint a disinterested attorney to

8-11  represent him who may contest the account as any other interested person

8-12  might contest it.

8-13    2.  The court may also appoint an attorney to represent unborn,

8-14  incapacitated or absent heirs and devisees.

8-15    3.  [All matters, including allowed claims not addressed in the

8-16  settlement of any former account, or in entering an order of sale, may be

8-17  contested by interested persons for cause shown.

8-18    4.] An attorney so appointed must be paid as provided in NRS

8-19  150.060.

8-20    Sec. 16.  NRS 155.190 is hereby amended to read as follows:

8-21    155.190  In addition to any order from which an appeal is expressly

8-22  permitted by this Title, an appeal may be taken to the supreme court within

8-23  30 days after [its entry from] the notice of entry of an order:

8-24    1.  Granting or revoking letters testamentary or letters of

8-25  administration.

8-26    2.  Admitting a will to probate or revoking the probate thereof.

8-27    3.  Setting aside an estate claimed not to exceed $50,000 in value.

8-28    4.  Setting apart property as a homestead, or claimed to be exempt from

8-29  execution.

8-30    5.  Granting or modifying a family allowance.

8-31    6.  Directing or authorizing the sale or conveyance or confirming the

8-32  sale of property.

8-33    7.  Settling an account of a personal representative or trustee.

8-34    8.  Instructing or appointing a trustee.

8-35    9.  Instructing or directing a personal representative.

8-36    10.  Directing or allowing the payment of a debt, claim, devise or

8-37  attorney’s fee.

8-38    11.  Determining heirship or the persons to whom distribution must be

8-39  made or trust property must pass.

8-40    12.  Distributing property.

8-41    13.  Refusing to make any order mentioned in this section or any

8-42  decision wherein the amount in controversy equals or exceeds, exclusive of

8-43  costs, $5,000.

8-44    14.  Granting or denying a motion to enforce the liability of a surety

8-45  filed pursuant to NRS 142.035.

8-46    15.  Granting an order for conveyance or transfer pursuant to NRS

8-47  148.410.

 

 


9-1    Sec. 17.  NRS 53.045 is hereby amended to read as follows:

9-2    53.045  [1.  Except as otherwise provided in subsection 2, any] Any

9-3  matter whose existence or truth may be established by an affidavit or other

9-4  sworn declaration may be established with the same effect by an unsworn

9-5  declaration of its existence or truth signed by the declarant under penalty of

9-6  perjury, and dated, in substantially the following form:

9-7    [(a)] 1.  If executed in this state: “I declare under penalty of perjury

9-8  that the foregoing is true and correct.”

9-9  ..................................... Executed on...................................          

9-10                                                         (date)         (signature)

9-11    [(b)] 2.  If executed outside this state: “I declare under penalty of

9-12  perjury under the law of the State of Nevada that the foregoing is true and

9-13  correct.”

9-14  .................................... Executed on...................................          

9-15                                                         (date)         (signature)

9-16    [2.  This section does not dispense with a requirement of a witness to or

9-17  the authentication of a signature, or the requirements of NRS 133.050 or a

9-18  similar statute.]

9-19    Sec. 18.  Chapter 164 of NRS is hereby amended by adding thereto a

9-20  new section to read as follows:

9-21    When not otherwise inconsistent with the provisions of chapters 162 to

9-22  167, inclusive, of NRS, all of the provisions of chapters 132, 153 and 155

9-23  of NRS regulating the matters of estates:

9-24    1.  Apply to proceedings relating to trusts, as appropriate; or

9-25    2.  May be applied to supplement the provisions of chapters 162 to

9-26  167, inclusive, of NRS.

9-27    Sec. 19.  NRS 164.025 is hereby amended to read as follows:

9-28    164.025  1.  The trustee of a nontestamentary trust may after the death

9-29  of the settlor of the trust cause to be published a notice in the manner

9-30  specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy

9-31  of the notice to known or readily ascertainable creditors.

9-32    2.  The notice must be in substantially the following form:

9-33  NOTICE TO CREDITORS

9-34    Notice is hereby given that the undersigned is the duly appointed and

9-35  qualified trustee of the ................ trust. ................, the settlor of that trust

9-36  died on ................. A creditor having a claim against the trust estate must

9-37  file his claim with the undersigned at the address given below within 90

9-38  days after the first publication of this notice.

9-39    Dated..............

9-40  ................................

9-41                                                      Trustee

9-42  ................................

9-43                                                     Address

9-44    3.  A person having a claim, due or to become due, against a settlor or

9-45  the trust must file the claim with the trustee within 90 days after the

9-46  mailing, for those required to be mailed, or 90 days after publication of the

9-47  first notice to creditors. Any claim against the trust estate not filed within

9-48  that time is forever barred. After the expiration of the time, the trustee may


10-1  distribute the assets of the trust to its beneficiaries without personal

10-2  liability to any creditor who has failed to file a claim with the trustee.

10-3    4.  If the trustee knows or has reason to believe that the settlor received

10-4  public assistance during his lifetime, the trustee shall, whether or not he

10-5  gives notice to other creditors, give notice within 30 days after the death to

10-6  the welfare division of the department of human resources in the manner

10-7  provided in NRS 155.010. If notice to the welfare division is required by

10-8  this subsection , but is not given, the trust estate and any assets transferred

10-9  to a beneficiary remain subject to the right of the welfare division to

10-10  recover public assistance received.

10-11  5.  If a claim is rejected by the trustee, in whole or in part, the trustee

10-12  must, within 10 days of the rejection, notify the claimant of the rejection

10-13  by written notice forwarded by registered or certified mail to the mailing

10-14  address of the claimant. The claimant must bring suit in the proper court

10-15  against the trustee within 60 days after the notice is given, whether the

10-16  claim is due or not, or the claim is barred forever and the trustee may

10-17  distribute the assets of the trust to its beneficiaries without personal

10-18  liability to any creditor whose claim is barred forever.

10-19  Sec. 20.  NRS 145.050 is hereby repealed.

 

 

10-20  TEXT OF REPEALED SECTION

 

 

10-21  NRS 145.050  Certain regular proceedings and notices dispensed

10-22  with by order for summary administration.  The order for a summary

10-23  administration of the estate must:

10-24  1.  Dispense with all regular proceedings and further notices, except for

10-25  the notices required by NRS 145.030, 145.070, 145.075 and 147.010; and

10-26  2.  Provide that an inventory and appraisement or record of value be

10-27  filed with the clerk.

 

10-28  H