1. If a will has been admitted to probate, the court shall direct
letters thereon to issue to the personal representative named in the
will, who shall appear and qualify.
2. No person has any power as a personal representative until he
qualifies, except that, before letters are issued, he may pay the funeral
charges and take necessary measures for the preservation of the estate.
[37:107:1941; 1931 NCL § 9882.37]—(NRS A 1999, 2270 )
1. No person is qualified to serve as an executor who, at the time
the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony relating to the position of an
executor;
(c) Upon proof, is adjudged by the court disqualified to execute
the duties of executor by reason of conflict of interest, drunkenness,
improvidence or lack of integrity or understanding; or
(d) Is a bank not authorized to do business in the State of Nevada,
unless it associates as coexecutor a bank authorized to do business in
this State. An out-of-state bank is qualified to appoint a substitute
executor, pursuant to NRS 138.045 ,
without forming such an association, but any natural person so appointed
must be a resident of this State.
2. If a disqualified person is named as the sole executor in a
will, or if all persons so named are disqualified or renounce their right
to act, or fail to appear and qualify, letters of administration with the
will annexed must issue.
[38:107:1941; 1931 NCL § 9882.38]—(NRS A 1969, 1198; 1971, 148;
1975, 1767; 1995, 496; 1999, 2270 ; 2003, 2509 , 2690 )
If
it appears by the terms of a will that it was the intention of the
testator to commit the execution of the will and the administration of
the estate of the testator to any person as executor, that person,
although not named executor, is entitled to letters testamentary in like
manner as if that person had been named executor.
[39:107:1941; 1931 NCL § 9882.39]—(NRS A 1999, 2271 )
1. A person who is named as executor under a will, either alone or
with another or others, who is otherwise qualified to act under NRS
138.020 , may appoint a substitute if:
(a) The person named in the will is unwilling or unable to
undertake or continue the execution of the will; and
(b) The testator has not designated an alternate to serve in place
of the named executor, or the alternate designated in the will is
unwilling or unable to serve.
2. A person named as alternate executor who is not disqualified
under NRS 138.020 may appoint a
substitute if:
(a) The named alternate is unwilling or unable to undertake or
continue the execution of the will; and
(b) A named executor is disqualified or has not designated a
substitute within 30 days after being notified that the named alternate
is unwilling or unable to serve.
3. A qualified person who alone is named as the executor under a
will may appoint a coexecutor if:
(a) The person named is unwilling or unable to undertake or
continue the sole execution of the will; and
(b) The testator has not designated an alternate to serve in place
of the named executor, or the named alternate is unwilling or unable to
serve.
4. The substitute or coexecutor, unless otherwise disqualified
under this chapter, is entitled to letters testamentary in like manner as
if the substitute or coexecutor had been named in the will.
(Added to NRS by 1969, 484; A 1981, 241; 1999, 2271 )
If the executor
named in the will is a corporation or national banking association that
has sold its business and assets to, or has consolidated or merged with,
or is in any manner provided by law succeeded by, another corporation or
national banking association authorized and qualified to act as executor,
the court may issue letters thereon to the successor corporation or
association as if the successor were named in the will.
[40:107:1941; 1931 NCL § 9882.40]—(NRS A 1999, 2271 )
1. An interested person may file objections in writing to the
granting of letters testamentary to the person or persons named as
executors, or any of them, and those objections must be heard and
determined by the court.
2. A petition may also be filed for the issuance of letters of
administration, with the will annexed, in all proper cases.
[41:107:1941; 1931 NCL § 9882.41]—(NRS A 1999, 2271 )
1. No executor of the will of a deceased executor, as such, is
authorized to administer the estate of the first testator, but on the
death of the sole or surviving executor of any last will, letters of
administration with the will annexed of the estate of the first testator
left unadministered must be issued. If no executor is named in the will,
or if the sole executor or all the executors named therein are dead or
incapacitated, or neglect or fail to apply for letters, or to appear and
qualify, or die after the issuance of letters and before the completion
of the administration, letters of administration with the will annexed
must be granted.
2. The account of a deceased personal representative may be
settled, duties may be terminated, and sureties may be released of
liability subsequently incurred, upon the petition of either the attorney
who represented the deceased personal representative in the probate or
administration or upon the petition of any of the sureties, and upon such
notice as the court directs.
[43:107:1941; 1931 NCL § 9882.43]—(NRS A 1999, 2272 )
If all the
persons named as executors are not appointed by the court, those
appointed have the same authority to perform every act and discharge
every duty required by the will, and their acts are effectual for every
purpose as if all had been appointed.
[Part 44:107:1941; 1931 NCL § 9882.44]—(NRS A 1999, 2272 )
1. Administrators with the will annexed have the same authority as
the executor named in the will would have had if the executor had
qualified, and their acts are as effectual for every purpose, but if the
power or authority conferred upon the executor is discretionary, and is
not conferred by law, it is not conferred upon an administrator with the
will annexed.
2. Persons and their nominees and appointees are entitled to
appointment as administrators with the will annexed in the same order of
priority as in the appointment of administrators, except that, as to
foreign letters, an interested person has priority over one who is not.
[45:107:1941; 1931 NCL § 9882.45]—(NRS A 1999, 2272 )
|
