No person is entitled to letters of
administration who:
1. Is under the age of majority;
2. Has been convicted of a felony relating to the position of an
administrator;
3. Upon proof, is adjudged by the court disqualified by reason of
conflict of interest, drunkenness, improvidence, or lack of integrity or
understanding; or
4. Is not a resident of the State of Nevada and who does not
associate as coadministrator a resident of the State of Nevada or which,
in the case of a banking corporation, is not authorized to do business in
this State and does not associate as coadministrator a resident of the
State of Nevada or a banking corporation authorized to do business in
this State.
[53:107:1941; 1931 NCL § 9882.53]—(NRS A 1960, 347; 1969, 1199;
1999, 2272 ; 2001, 2344 ; 2003, 2691 )
The surviving partner of a
decedent must not be appointed administrator of the estate if any
interested person objects to the appointment.
[52:107:1941; 1931 NCL § 9882.52]—(NRS A 1999, 2273 )
1. Administration of the intestate estate of a decedent must be
granted to one or more of the persons mentioned in this section, and they
are respectively entitled to priority for appointment in the following
order:
(a) The surviving spouse.
(b) The children.
(c) The father or the mother.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in the distribution
of the estate.
(g) The public administrator.
(h) Creditors who have become such during the lifetime of the
decedent.
(i) Any of the kindred not above enumerated, within the fourth
degree of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if the person is:
(1) A resident of the State of Nevada or associates as
coadministrator a resident of the State of Nevada; or
(2) A banking corporation which is authorized to do business
in this State or which associates as coadministrator a resident of the
State of Nevada or a banking corporation authorized to do business in
this State.
(b) To nominate a resident of the State of Nevada or a qualified
banking corporation for appointment, whether or not the nominator is a
resident of the State of Nevada or a qualified banking corporation. The
nominee has the same priority as the nominator. That priority is
independent of the residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled to appointment is a minor
or an incompetent person for whom a guardian has been appointed, the
court may appoint the guardian of the minor or incompetent person as
administrator.
[49:107:1941; A 1945, 175; 1949, 13; 1943 NCL § 9882.49]—(NRS A
1967, 1057; 1969, 1199; 1975, 1768; 1999, 2273 ; 2001, 2344 )
Administration may be granted upon
petition to one or more qualified persons, although not otherwise
entitled to serve, at the written request of the person entitled, filed
in the court.
[61:107:1941; 1931 NCL § 9882.61]—(NRS A 1960, 347; 1999, 2273
)
When there shall be several persons claiming and equally entitled
to the administration, relatives of the whole blood are preferred to
those of the half blood.
[50:107:1941; 1931 NCL § 9882.50]—(NRS A 1973, 634)
When there are several
persons equally entitled to the administration, the court may, in its
discretion, grant letters to one or more of them.
[51:107:1941; 1931 NCL § 9882.51]
Letters of administration
may be granted to any petitioner, even if it appears that there are other
persons having priority for appointment, if the latter fail to appear and
claim the issuance of letters to themselves after receiving due notice of
the proceeding.
[60:107:1941; 1931 NCL § 9882.60]—(NRS A 1999, 2273 )
PETITION FOR LETTERS OF ADMINISTRATION
1. A petition for letters of administration must be in writing,
signed by the petitioner or the attorney for the petitioner and filed
with the clerk of the court, and must state:
(a) The jurisdictional facts;
(b) The names and addresses of the heirs of the decedent and their
relationship to the decedent, so far as known to the petitioner, and the
age of any who is a minor;
(c) The character and estimated value of the property of the
estate; and
(d) That the person to be appointed as administrator has never been
convicted of a felony.
2. No defect of form or in the statement of jurisdictional facts
actually existing voids an order appointing an administrator or any of
the subsequent proceedings.
[55:107:1941; 1931 NCL § 9882.55]—(NRS A 1985, 2036; 1995, 2770;
1999, 2274 )
The clerk shall set the petition for hearing, and notice must be given
to the heirs of the decedent and to the Director of the Department of
Health and Human Services as provided in NRS 155.020 . The notice must state the filing of the
petition, the object and the time for hearing.
[56:107:1941; 1931 NCL § 9882.56]—(NRS A 1975, 1768; 1995, 2572;
1999, 2274 ; 2003, 880 )
An interested person may contest the petition by filing a
written opposition on the ground that the petitioner is not qualified or
may assert the contestant’s own right to the administration and request
that letters be issued to the contestant. In the latter case, the
contestant must file a petition and give the notice required for the
original petition, and the court must hear the two petitions together.
[57:107:1941; 1931 NCL § 9882.57]—(NRS A 1999, 2274 )
Before letters are granted, the
fact of death and that the decedent died intestate, and that notice has
been given as required in this chapter, must be proved by the evidence of
the petitioner or others. The court may also examine the petitioner or
any other person concerning the time, place and manner of death, the
place of the decedent’s residence at the time of death, the character and
value of his property, and whether or not the decedent left a will, and
the court may compel any person to attend as a witness for that purpose.
[58:107:1941; 1931 NCL § 9882.58]—(NRS A 1999, 2274 )
An entry in the minutes or in the written order appointing
the administrator that proof was made and that notice had been given
according to law is conclusive evidence of the fact of such notice.
[59:107:1941; 1931 NCL § 9882.59]—(NRS A 1999, 2274 )
REVOCATION OF LETTERS OF ADMINISTRATION
When letters of administration
have been granted to any person other than the surviving spouse or the
spouse’s nominee, or the child, father, mother, brother or sister of the
decedent, any one of them, if otherwise qualified, may obtain the
revocation of the letters by presenting to the court a petition
requesting the revocation, and that letters of administration be issued
to the petitioner.
[62:107:1941; 1931 NCL § 9882.62]—(NRS A 1999, 2274 )
1. If a petition for revocation is filed, notice must be given as
in the case of an original petition, and the petitioner shall serve a
citation on the administrator to appear and answer the petition at the
time appointed for the hearing. The citation must be served on the
administrator in accordance with NRS 155.050 at least 10 days before the date of the
hearing.
2. At the time appointed, upon proof that the citation, together
with a copy of the petition, has been duly served and notice given as
required in subsection 1, the court shall take evidence upon the
petition, and if the right of the petitioner is established, and he is
qualified, letters of administration must be granted to him and the
letters of the former administrator revoked. The former administrator
shall promptly file an accounting in accordance with NRS 150.080 .
[63:107:1941; 1931 NCL § 9882.63]—(NRS A 1999, 2275 )
The surviving spouse, or
nominee of the surviving spouse, when letters of administration have been
granted to a child, parent, brother or sister of the decedent, or any of
those relatives, when letters have been granted to any other of them, may
assert the prior right of the spouse or nominee, and obtain letters of
administration, and have the previous letters revoked in the manner
prescribed in NRS 139.150 .
[64:107:1941; 1931 NCL § 9882.64]—(NRS A 1999, 2275 )
The court may refuse to grant
letters of administration as provided in this chapter to any person or to
the nominee of any person who had actual notice of the first petition and
an opportunity to contest it.
[65:107:1941; 1931 NCL § 9882.65]—(NRS A 1999, 2275 )
|
