The provisions of this
chapter apply only to estates of which summary administration is ordered.
Upon the granting of summary administration, all regular proceedings and
further notices required by this title are waived, except for the notices
required by NRS 144.010 , 145.060 , 145.070 and
145.075 .
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 2001, 2345 )
All proceedings taken under this chapter, whether or not the decedent
left a will, must be originated by a petition for letters testamentary or
letters of administration containing:
1. Jurisdictional information;
2. A description of the property of the decedent, including the
character and estimated value of the property;
3. The names and residences of the heirs and devisees of the
decedent and the age of any who is a minor and the relationship of each
heir and devisee to the decedent, so far as known to the petitioner; and
4. A statement that the person to be appointed as personal
representative has never been convicted of a felony.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1997, 1487; 1999,
2301 )
Notice of a petition for the probate
of a will and the issuance of letters must be given as provided in NRS
155.010 .
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975, 1770; 1987,
780; 1989, 647; 1995, 2572; 1999, 2302 )
If it
is made to appear to the court that the gross value of the estate does
not exceed $200,000, the court may, if deemed advisable considering the
nature, character and obligations of the estate, enter an order for a
summary administration of the estate.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1965, 172; 1973,
431; 1975, 1770; 1983, 294; 1997, 1487; 1999, 2302 )
1. A personal representative shall publish and mail notice to
creditors in the manner provided in NRS 155.020 .
2. Creditors of the estate must file their claims, due or to
become due, with the clerk, within 60 days after the mailing to the
creditors for those required to be mailed, or 60 days after the first
publication of the notice to creditors pursuant to NRS 155.020 , and within 15 days thereafter the personal
representative shall allow or reject the claims filed.
3. Any claim which is not filed within the 60 days is barred
forever, except that if it is made to appear, by the affidavit of the
claimant or by other proof to the satisfaction of the court, that the
claimant did not have notice as provided in NRS 155.020 , the claim may be filed at any time before the
filing of the final account.
4. Every claim which is filed as provided in this section and
allowed by the personal representative must then, and not until then, be
ranked as an acknowledged debt of the estate and be paid in the course of
administration, except that payment of small debts in advance may be made
pursuant to subsection 3 of NRS 150.230 .
5. If a claim filed by the Department of Health and Human Services
is rejected by the personal representative, the Director of the
Department may, within 20 days after receipt of the written notice of
rejection, petition the court for summary determination of the claim. A
petition for summary determination must be filed with the clerk, who
shall set the petition for hearing, and the petitioner shall give notice
for the period and in the manner required by NRS 155.010 . Allowance of the claim by the court is
sufficient evidence of its correctness, and it must be paid as if
previously allowed by the personal representative.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975, 1771; 1987,
781; 1995, 2572; 1999, 2302 ; 2001, 2345 ; 2003, 881 , 2511 )
All
sales of real property, if summary administration is ordered, must be
made upon notice given and in the manner required by chapter 148 of NRS.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1999, 2303 )
1. Upon the filing of a final account and petition for
distribution of an estate for which summary administration was ordered,
the notice of hearing, the account and petition, together with notice of
the amount agreed or requested as attorney’s fees, must be given to the
persons entitled thereto.
2. The petitioner shall give notice of hearing for the period and
in the manner provided in NRS 155.010 .
(Added to NRS by 1999, 2301 )
The
administration of the estate may be closed and distribution made at any
time after the expiration of the time for the personal representative to
act on the claims, if it appears to the court that all the debts of the
estate, expenses and charges of administration and allowances to the
family, if any, have been paid, and the estate is in condition to be
finally settled.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1971, 1163; 1999,
2303 )
If at any time
after the entry of an order for the summary administration of an estate
it appears that the gross value of the estate exceeds $200,000 as of the
death of the decedent, the personal representative shall petition the
court for an order revoking summary administration. The court may, if
deemed advisable considering the nature, character and obligations of the
estate, provide in its order revoking summary administration that regular
administration of the estate may proceed unabated upon providing such
portions of the regular proceedings and notices as were dispensed with by
the order for summary administration.
(Added to NRS by 1999, 2301 )
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