1. Wills may be proved and letters granted in the county where the
decedent was a resident at the time of death, whether death occurred in
that county or elsewhere, and the district court of that county has
exclusive jurisdiction of the settlement of such estates, whether the
estate is in one or more counties.
2. The estate of a nonresident decedent may be settled by the
district court of any county in which any part of the estate is located.
The district court to which application is first made has exclusive
jurisdiction of the settlement of estates of nonresidents.
[1:107:1941; 1931 NCL § 9882.01]—(NRS A 1999, 2262 )
A district judge shall not admit
any will to probate, or grant letters in any case where the judge is:
1. Interested as next of kin to the decedent.
2. A devisee under the will.
3. Named as personal representative or trustee in the will.
4. A witness to the will.
[96:107:1941; 1931 NCL § 9882.96]—(NRS A 1999, 2262 )
1. If a district judge, who would otherwise be authorized to act,
is precluded from acting from the causes mentioned in NRS 136.020 , or if the judge is interested in any manner,
the judge shall transfer all proceedings in the matter of the estate to
another judge of the same county, if there is one, who is not
disqualified to act in the settlement of the estate, or the judge shall
request a judge of another district to hold the court in the other county.
2. The judge to whom the matter is transferred or the other
district judge shall hold court and is vested with all the powers of the
court and judge so disqualified, and retains jurisdiction as to all
subsequent proceedings in regard to the estate.
[Part 97:107:1941; 1931 NCL § 9882.97]—(NRS A 1999, 2262 )
If,
before the administration of any estate transferred as provided in NRS
136.030 is closed, another person
becomes judge of the court in which the proceeding was originally
commenced who is not disqualified to act in the settlement of the estate,
and the causes for which the proceeding was transferred no longer exist,
any interested person may have the proceeding returned to the judge who
succeeded the disqualified judge, by filing a petition setting forth
these facts and moving the court to grant the petition. If these facts
are satisfactorily shown, the court must make an order transferring the
proceeding back to the judge who is not disqualified.
[Part 97:107:1941; 1931 NCL § 9882.97]—(NRS A 1999, 2263 )
PROBATE OF WILLS
1. Any person having possession of a will shall, within 30 days
after knowledge of the death of the person who executed the will, deliver
it to the clerk of the district court which has jurisdiction of the case
or to the personal representative named in the will.
2. Any person named as personal representative in a will shall,
within 30 days after the death of the testator, or within 30 days after
knowledge of being named, present the will, if in possession of it, to
the clerk of the court.
3. Every person who neglects to perform any of the duties required
in subsections 1 and 2 without reasonable cause is liable to every person
interested in the will for the damages the interested person may sustain
by reason of the neglect.
[2:107:1941; 1931 NCL § 9882.02] + [3:107:1941; 1931 NCL § 9882.03]
+ [4:107:1941; 1931 NCL § 9882.04]—(NRS A 1999, 2263 )
1. If it is alleged in any petition that the will of a decedent is
in the possession of a third person, and the court is satisfied that the
allegation is correct, an order must be issued and served upon the person
having possession of the will, requiring that person to produce it at a
time to be named in the order.
2. Any person having the possession of a will who neglects or
refuses to produce it in obedience to such an order may, by warrant from
the court, be committed to the county jail, and be kept in close
confinement until the person produces the will. The court may make all
other necessary orders at chambers to enforce the production of the will.
[8:107:1941; 1931 NCL § 9882.08] + [9:107:1941; 1931 NCL §
9882.09]—(NRS A 1999, 2263 )
1. A personal representative or devisee named in a will, or any
other interested person, may, at any time after the death of the
testator, petition the court having jurisdiction to have the will proved,
whether the will is in the possession of that person or not, or is lost
or destroyed, or is beyond the jurisdiction of the State.
2. A personal representative named in a will, though not in
possession of the will, may present a petition to the district court
having jurisdiction, requesting that the person in possession of the will
be required to produce it so that it may be admitted to probate and
letters may be issued.
[6:107:1941; 1931 NCL § 9882.06] + [7:107:1941; 1931 NCL §
9882.07]—(NRS A 1999, 2263 )
1. A petition for the probate of a will and issuance of letters
must state:
(a) The jurisdictional facts;
(b) Whether the person named as personal representative consents to
act or renounces the right to letters;
(c) The names and residences of the heirs, next of kin and devisees
of the decedent, the age of any heir, next of kin or devisee who is a
minor, and the relationship of the heirs and next of kin to the decedent,
so far as known to the petitioner;
(d) The character and estimated value of the property of the estate;
(e) The name of the person for whom letters are requested, and that
the person has never been convicted of a felony; and.
(f) The name of any devisee who is deceased.
2. No defect of form or in the statement of jurisdictional facts
actually existing voids the probate of a will.
[5:107:1941; 1931 NCL § 9882.05]—(NRS A 1975, 1766; 1985, 2036;
1999, 2264 )
1. A petition for the probate of a will and for the issuance of
letters must be signed by the party petitioning, or the attorney for the
petitioner, and filed with the clerk of the court, who shall set the
petition for hearing.
2. The petitioner shall give notice of the hearing for the period
and in the manner provided in NRS 155.020 to the heirs of the testator and the devisees
named in the will, to all persons named as personal representatives who
are not petitioning and to the Director of the Department of Health and
Human Services. The notice must be substantially in the form provided in
that section.
[11:107:1941; 1931 NCL § 9882.11]—(NRS A 1975, 1767; 1995, 2571;
1999, 2264 ; 2003, 880 )
If a petition for probate is presented by any
person other than the personal representative named in the will, or if it
is presented by fewer than all of the personal representatives named in
the will, the petition must be served upon the personal representatives
not joining in the petition.
[13:107:1941; 1931 NCL § 9882.13]—(NRS A 1999, 2264 )
1. The clerk shall issue subpoenas to the subscribing witnesses to
a will if they reside in the county.
2. No subpoenas to subscribing witnesses need be issued if the
affidavits mentioned in NRS 136.160 are
filed with the clerk.
[14:107:1941; 1931 NCL § 9882.14]
1. At the time appointed, or at any other time to which the
hearing may be continued, upon proof being made by affidavit or otherwise
to the satisfaction of the court that notice has been given as required
by this chapter, the court shall proceed to hear the testimony in proof
of the will.
2. All witnesses who appear and are sworn shall testify orally.
[15:107:1941; 1931 NCL § 9882.15]
1. If no person appears to contest the probate of a will, the
court may admit it to probate on the testimony of only one of the
subscribing witnesses, if that testimony shows that the will was executed
in all particulars as required by law, and that the testator was of sound
mind and had attained the age of 18 years at the time of its execution.
2. An ex parte affidavit of the witness, showing that the will was
executed in all particulars as required by law, and that the testator was
of sound mind and had attained the age of 18 years at the time of its
execution, must be received in evidence and has the same force and effect
as if the witness were present and testified orally.
[17:107:1941; 1931 NCL § 9882.17]—(NRS A 1999, 2264 )
1. Any or all of the attesting witnesses to any will may, after
the death of the testator and at the request of the executor or any
interested person, make and sign an affidavit stating such facts as a
witness would be required to testify to in court to prove the will. The
sworn statement of any witness so taken must be accepted by the court as
if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in
form as set forth in NRS 133.050 .
[Part 1:21:1953] + [Part 2:21:1953]—(NRS A 1985, 1213; 1999, 2265
)
1. If it appears to the court that a will cannot be proven as
otherwise provided by law because one or more or all the subscribing
witnesses to the will, at the time the will is offered for probate, are
dead or mentally or physically incapable of testifying or otherwise
unavailable, the court may admit the will to probate upon the testimony
in person, by deposition or by affidavit of at least two credible
disinterested persons that the signature to the will is genuine, or upon
other sufficient proof that the signature is genuine.
2. The provisions of subsection 1 do not preclude the court, in
its discretion, from requiring in addition, the testimony in person, by
deposition or by affidavit of any available subscribing witness, or proof
of such other pertinent facts and circumstances as the court deems
necessary to admit the will to probate.
[1:192:1945; 1943 NCL § 9931.01]—(NRS A 1975, 1767; 1999, 2265
; 2003, 2509 )
1. If the will of a person is detained beyond the jurisdiction of
the State, in a court of any other state, country or jurisdiction, and
cannot be produced for probate in this State, a copy of the will may be
admitted to probate in this State in lieu thereof and has the same force
and effect as would be required if the original will were produced.
2. Unless otherwise ordered by the court, a subscribing witness
may testify in person, by deposition or by affidavit with respect to a
copy of the executed will, and with respect to the handwriting of the
affiant as a witness, or the handwriting of the testator or another
witness, in the same way as he would if the original will were available.
[29:107:1941; 1931 NCL § 9882.29]—(NRS A 1983, 199; 1999, 2265
)
An electronic will may be
proved by authentication satisfactory to the court.
(Added to NRS by 2001, 2343 )
A holographic will may be
proved by authentication satisfactory to the court.
[3:111:1895; C § 3094; RL § 6225; NCL § 9928] + [30:107:1941; 1931
NCL § 9882.30]—(NRS A 1999, 2266 )
1. If a will is offered for probate and it appears there are
minors or unborn members of a class who are interested, or if it appears
there are other interested persons who reside out of the county and are
unrepresented, the court may, whether there is a contest or not, appoint
an attorney for them.
2. If a person for whom an attorney has been appointed, pursuant
to subsection 1, retains counsel and notifies the court of the retention,
the court shall enter an order relieving the court-appointed attorney of
further obligation to represent the person.
[16:107:1941; 1931 NCL § 9882.16]—(NRS A 1961, 409; 1967, 213;
1999, 2266 )
If the will is in a foreign language the court shall certify to a
correct translation thereof into English and the certified translation
shall be recorded in lieu of the original.
[28:107:1941; 1931 NCL § 9882.28]
A copy of the will and order admitting it to
probate, certified by the clerk in whose custody it may be, must be
received in evidence and be as effectual in all cases as the original
will would be if proved.
[31:107:1941; 1931 NCL § 9882.31]—(NRS A 1999, 2266 )
LOST OR DESTROYED WILLS
If a will is lost by accident or
destroyed by fraud without the knowledge of the testator, the court may
take proof of the execution and validity of the will and establish it,
after notice is given to all persons, as prescribed for proof of wills in
other cases.
[34:107:1941; 1931 NCL § 9882.34]—(NRS A 1999, 2266 )
1. The petition for the probate of a lost or destroyed will must
include a copy of the will, or if no copy is available state, or be
accompanied by a written statement of, the testamentary words, or the
substance thereof.
2. If offered for probate, a lost or destroyed will must be proved
in the same manner as other wills are proved under this chapter.
3. In addition, no will may be proved as a lost or destroyed will
unless it is proved to have been in existence at the death of the person
whose will it is claimed to be, or is shown to have been fraudulently
destroyed in the lifetime of that person, nor unless its provisions are
clearly and distinctly proved by at least two credible witnesses.
4. The testimony of each witness must be reduced to writing,
signed by the witness and filed, and is admissible in evidence in any
contest of the will if the witness has died or permanently moved from the
State.
5. If the will is established, its provisions must be set forth
specifically in the order admitting it to probate, or a copy of the will
must be attached to the order.
[35:107:1941; 1931 NCL § 9882.35]—(NRS A 1999, 2266 )
If,
before or during the pendency of an application to prove a lost or
destroyed will, letters of administration have been granted upon the
estate of the decedent, or letters testamentary of any previous will of
the decedent, the court may restrain the administration if necessary to
protect the interests of devisees claiming under the lost or destroyed
will.
[36:107:1941; 1931 NCL § 9882.36]—(NRS A 1999, 2267 )
FOREIGN WILLS
1. A will duly proved, allowed and admitted to probate outside of
this State may be admitted to probate and recorded in the proper court of
any county in this State in which the testator left any estate.
2. When a copy of the will and the order admitting it to probate,
duly certified, are presented by the personal representative, a nominee
or any other interested person, with a petition for probate, the order
and copy must be filed, and the clerk shall set a time for a hearing
thereon, and notice must be given as required by law on a petition for
the original probate of a domestic will pursuant to NRS 136.100 .
3. If, upon the hearing, it appears to the satisfaction of the
court that the will has been duly proved and admitted to probate outside
this State, and that it was executed according to the law of the place in
which it was made, or in which the testator was at the time domiciled, or
in conformity with the laws of this State, it must be admitted to probate
with the same force and effect as the original probate of a domestic will.
4. If a certified copy of a will from any jurisdiction where
probate is not required by the laws of that jurisdiction, with the
certificate of the legal custodian of the original will that the
certified copy is a true copy and that the will has become operative by
the laws of that jurisdiction, or a copy of a notarial will in possession
of a notary in a foreign jurisdiction entitled to the custody of the will
and required by the laws of that jurisdiction to retain custody of it,
duly certified by the notary, is presented by the personal
representative, his nominee or another interested person to the proper
court in this State, the clerk shall set a time for a hearing thereon,
and notice must be given as required by law on a petition for the
original probate of a domestic will.
5. If it appears to the court that the will should be admitted to
probate in this State, as the last will and testament of the decedent,
the copy must be filed with the clerk, and the will has the same effect
as if originally proved and admitted to probate in the court of this
State.
[32:107:1941; 1931 NCL § 9882.32]—(NRS A 1973, 392; 1999, 2267
)
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