A personal representative shall
publish and mail notice to creditors in the manner provided in NRS
155.020 .
[Part 119:107:1941; A 1951, 464] + [134:107:1941; 1931 NCL §
9882.134]—(NRS A 1975, 1773; 1987, 781; 1999, 2308 )
If a personal representative dies, resigns or is removed
after the expiration of the time for the publication or mailing of notice
to creditors, the successor need not give any further notice to creditors.
[Part 119:107:1941; A 1951, 464]—(NRS A 1987, 782; 1999, 2308
)
After the notice to creditors has been mailed or
published, a copy, with the affidavit of publication or, if notice is
mailed, with a certificate of mailing, must be filed with the clerk.
[Part 119:107:1941; A 1951, 464]—(NRS A 1985, 244; 1987, 782; 1999,
2308 )
1. A person having a claim, due or to become due, against the
decedent must file his claim with the clerk within 90 days after the
mailing for those required to be mailed, or 90 days after the first
publication of the notice to creditors pursuant to NRS 155.020 .
2. A creditor who receives a notice to creditors by mail pursuant
to subsection 5 of NRS 155.020 must
file a claim with the clerk within 30 days after the mailing or 90 days
after the first publication of notice to creditors pursuant to NRS
155.020 , whichever is later.
3. If a claim is not filed with the clerk within the time allowed
by subsection 1 or 2, the claim is forever barred, but 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 or actual
notice of the administration of the estate, the claim may be filed at any
time before the filing of the final account.
4. The period of 90 days prescribed by this section is reduced to
60 days if summary administration is granted under chapter 145 of NRS.
[Part 120:107:1941; 1931 NCL § 9882.120]—(NRS A 1975, 1774; 1987,
782; 1999, 2308 )
1. If a personal representative is a creditor of the decedent, the
claim must be filed with the clerk, who must present it for allowance or
rejection to the court. Its allowance by the court is sufficient evidence
of its correctness, and it must be paid as other claims in due course of
administration.
2. If the court rejects the claim, action thereon may be brought
by the personal representative as claimant against the estate, and
summons must be served upon the court, which shall appoint an attorney,
at the expense of the estate, to defend the action. If the claimant fails
to recover, he must pay all costs, including reasonable attorney’s fees
for the estate, to be fixed by the court.
[Part 122:107:1941; 1931 NCL § 9882.122]—(NRS A 1999, 2308 )
1. If a judge of the district court files or presents a claim
against the estate of a decedent, the administration of which is pending
before that judge, the judge must designate, in writing, some other
district judge who, upon presentation of the claim, is vested with power
to approve or reject it.
2. In case of its rejection by the designated judge, the claimant
has the same right to bring an action for its recovery as other persons
whose claims are rejected.
[Part 122:107:1941; 1931 NCL § 9882.122]—(NRS A 1999, 2309 )
1. A claim for an amount of $250 or more filed with the clerk must
be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that
the amount is a just demand and will be due on the ..... day of ........).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of
the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing
address of the claimant. Any written notice mailed by a personal
representative to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the
claimant, the reasons why it is not made by the claimant must be set
forth in the affidavit.
4. The oath may be taken before any person authorized to
administer oaths.
5. The amount of interest must be computed and included in the
statement of the claim and the rate of interest determined.
6. Except as otherwise provided in subsection 7, the court may,
for good cause shown, allow a defective claim or affidavit to be
corrected or amended on application made at any time before the filing of
the final account, but an amendment may not be made to increase the
amount of a claim after the time for filing a claim has expired.
7. The court shall allow the Department of Health and Human
Services to amend at any time before the filing of the final account a
claim for the payment of benefits for Medicaid that the Department
identifies after the original claim has been filed.
[121:107:1941; 1931 NCL § 9882.121]—(NRS A 1967, 361; 1979, 454;
1985, 1214; 1999, 879 , 2309 ; 2003, 884 )
1. If a claim is founded upon a bond, bill, note or other
instrument, the original instrument need not be filed, but a copy, with
all endorsements, must be attached to the statement of the claim and
filed therewith.
2. If a claim is secured by a mortgage or lien, a certified copy
of the mortgage or lien must be attached to the claim and filed with the
clerk.
[Part 123:107:1941; A 1953, 505]—(NRS A 1999, 2309 )
A claim which is
barred by the statute of limitations must not be allowed or approved by a
personal representative or by the court. No claim which has been timely
filed is affected by the statute of limitations, pending the
administration of the estate.
[125:107:1941; 1931 NCL § 9882.125]—(NRS A 1997, 1490; 1999, 2310
)
1. Except as otherwise ordered by the court for good cause shown,
an action or proceeding pending against a decedent at the time of his
death may not be continued against the decedent’s personal representative
unless:
(a) A claim is first filed as provided in this chapter;
(b) The claim is rejected in whole or in part; and
(c) Within 60 days after notice of rejection is given, the claimant
who is the plaintiff applies to the court in which the action or
proceeding is pending for an order substituting the personal
representative in the action or proceeding. This requirement applies only
if the notice of rejection contains a statement that the claimant has 60
days within which to apply for an order of substitution.
2. No recovery may be allowed in an action against property in the
estate of a decedent unless proof is made of compliance with this section.
[129:107:1941; 1931 NCL § 9882.129]—(NRS A 1999, 2310 )
1. Within 15 days after the time for filing claims has expired, as
provided in this chapter, the personal representative shall examine all
claims filed and shall either endorse on each claim an allowance or
rejection, with the day and the year thereof, or shall file a notice of
allowance or rejection with the date and the year thereof, and the notice
of allowance or rejection must be attached to the claim allowed or
rejected and filed with the clerk.
2. If a personal representative refuses or neglects to endorse on
a claim an allowance or rejection within 15 days, as specified in this
section, or does not file a notice of allowance or rejection, the claim
shall be deemed rejected, but the personal representative may,
nevertheless, allow the claim at any time before the filing of the final
account.
3. A personal representative need not allow or reject a claim that
was not timely filed unless the court otherwise orders.
[Part 123:107:1941; A 1953, 505]—(NRS A 1999, 879 , 2310 ; 2001, 2347 )
All claims approved by the
personal representative or the court must be ranked among the
acknowledged debts of the estate, to be paid in due course of
administration.
[Part 123:107:1941; A 1953, 505]—(NRS A 1999, 2311 )
1. If a claim is rejected by the personal representative or the
court, in whole or in part, the claimant must be immediately notified by
the personal representative, and the claimant must bring suit in the
proper court against the personal representative within 60 days after the
notice or file a timely petition for summary determination pursuant to
subsection 2, whether the claim is due or not, or the claim is forever
barred. A claimant must be informed of the rejection of the claim by
written notice forwarded to the claimant’s mailing address by registered
or certified mail.
2. 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 notice must be given 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.
3. In any action brought upon a claim rejected in whole or in part
by the personal representative, if he resides out of the State or has
departed from the State, or cannot, after due diligence, be found within
the State, or conceals himself to avoid the service of summons, the
summons, together with a copy of the complaint, must be mailed directly
to the last address given by him, with a copy to the attorney for the
estate, and proof of the mailing must be filed with the clerk where the
administration of the estate is pending. This service is the equivalent
of personal service upon the personal representative, but he has 30 days
from the date of service within which to answer.
4. If the personal representative defaults after such service, the
default is sufficient grounds for his removal as personal representative
by the court without notice. Upon petition and notice, in the manner
provided for an application for letters of administration, an
administrator or an administrator with the will annexed must be appointed
by the court and, upon his qualification as such, letters of
administration or letters of administration with the will annexed must be
issued.
[124:107:1941; 1931 NCL § 9882.124]—(NRS A 1969, 95; 1971, 317;
1983, 263; 1985, 115; 1995, 2575; 1999, 2311 ; 2003, 884 )
The time during which
there is a vacancy in the administration must not be included in any
limitations prescribed in this chapter, except as otherwise provided in
NRS 147.020 .
[128:107:1941; 1931 NCL § 9882.128]—(NRS A 1999, 2312 )
No holder of a claim against an estate may maintain an action
thereon unless the claim is first filed with the clerk and the claim is
rejected in whole or in part, except in the following case: An action may
be brought by the holder of a mortgage to enforce the mortgage against
the property of the estate subject thereto if all recourse against any
other property of the estate is expressly waived in the complaint.
[Part 120:107:1941; 1931 NCL § 9882.120] + [Part 126:107:1941; 1931
NCL § 9882.126]—(NRS A 1999, 2312 )
1. A personal representative who, or a court which, acts upon a
filed claim shall endorse on the claim the amount offered to be allowed.
2. If the creditor refuses to accept the amount offered to be
allowed in satisfaction of the claim, the creditor shall recover no costs
in any action brought on the claim against the personal representative
unless he recovers a greater amount than that offered to be allowed.
[130:107:1941; 1931 NCL § 9882.130]—(NRS A 1999, 2312 )
1. If the personal representative doubts the correctness of any
claim filed, the personal representative may enter into an agreement in
writing with the claimant to refer the matter in controversy to some
disinterested person, as a master, to be approved by the court, and the
agreement and approval must be filed with the clerk. The court shall
enter an order referring the matter in controversy to the person so
selected, or if the parties consent, the matter may be heard by the court.
2. The master must hear and determine the matter and make a report
to the court.
3. The same proceedings must be had in all respects, and the
master has the same powers, is entitled to the same compensation and is
subject to the same control as in other cases of reference.
4. The court may remove the master, appoint another, set aside or
confirm the report, and adjudge costs, as in actions against personal
representatives, and the judgment of the court thereon is as valid and
effectual, in all respects, as if the judgment had been entered in an
action commenced by ordinary process.
[Part 126:107:1941; 1931 NCL § 9882.126]—(NRS A 1999, 2312 )
1. After the time for the presentation of claims has expired, the
personal representative, with the approval of the court, may compromise
any claim against the estate or any action brought against the personal
representative as such by the transfer of specific assets of the estate
or otherwise.
2. To obtain such approval, the personal representative shall file
a petition with the clerk showing the advantage of the compromise.
3. The clerk shall set the petition for hearing, and the personal
representative shall give notice thereof for the period and in the manner
required by NRS 155.010 .
4. If, under this section, the court authorizes the transfer of
real property of the estate, conveyances must be executed by the personal
representative in the same manner as provided in NRS 148.280 , and have the same force and effect as
conveyances executed pursuant to that section.
5. A certified copy of the order authorizing the transfer must be
recorded in the office of the recorder of the county in which the real
property, or any portion thereof, is located.
[127:107:1941; 1931 NCL § 9882.127]—(NRS A 1999, 2313 )
If a judgment is recovered
with costs against a personal representative, the costs must be allowed
to the personal representative from the accounts of the administration,
unless it appears that the action or proceeding in which the costs were
taxed was prosecuted or resisted by the personal representative without
cause.
[133:107:1941; 1931 NCL § 9882.133]—(NRS A 1999, 2313 )
PAYMENT OF CLAIMS
The
debts and charges of the estate must be paid in the following order:
1. Expenses of administration.
2. Funeral expenses.
3. The expenses of the last illness.
4. Family allowance.
5. Debts having preference by laws of the United States.
6. Money owed to the Department of Health and Human Services as a
result of the payment of benefits for Medicaid.
7. Wages to the extent of $600, of each employee of the decedent,
for work done or personal services rendered within 3 months before the
death of the employer. If there is not sufficient money with which to pay
all such labor claims in full, the money available must be distributed
among the claimants in accordance with the amounts of their respective
claims.
8. Judgments rendered against the decedent in his lifetime, and
mortgages in order of their date. The preference given to a mortgage
extends only to the proceeds of the property mortgaged. If the proceeds
of that property are insufficient to pay the mortgage, the part remaining
unsatisfied must be classed with other demands against the estate.
9. All other demands against the estate.
(Added to NRS by 2003, 2513 )
1. The effect of a judgment rendered against a personal
representative upon a claim for money against the estate of the decedent
is only to establish the claim in the same manner as if it had been
allowed by the personal representative, and the judgment must be that the
personal representative pay, in due course of administration, the amount
ascertained to be due.
2. A certified copy of the judgment must be filed in the estate
proceedings.
3. No execution may issue upon the judgment, nor does it create
any lien upon the property of the estate, nor give the judgment creditor
any priority of payment.
4. This section does not apply to a judgment of foreclosure of a
mortgage.
[131:107:1941; 1931 NCL § 9882.131]—(NRS A 1999, 2313 )
1. If a judgment has been entered against the decedent in the
decedent’s lifetime, no execution may issue after death, but a certified
copy of the judgment must be attached to the statement of claim filed
with the clerk and must be acted on as any other claim.
2. If an execution has been levied upon any property of the
decedent in the decedent’s lifetime, the property may be sold for the
satisfaction of the judgment, and the officer making the sale shall
account to the personal representative for any surplus in his hands.
3. The lien of an attachment may be converted into the lien of a
judgment on property in the estate subject to the lien of the attachment,
with the same priority:
(a) If the judgment debtor dies after entry of judgment; or
(b) If judgment is entered after the death of the defendant,
Ę in the action in which the property was attached.
[132:107:1941; 1931 NCL § 9882.132]—(NRS A 1999, 2314 )
All claims paid bear interest
from date of filing at a rate equal to the prime rate at the largest bank
in Nevada, as ascertained by the Commissioner of Financial Institutions,
on January 1 or July 1, as the case may be, immediately preceding the
date of filing, plus 2 percent, unless a different rate is applicable by
contract or otherwise. The rate of interest must be adjusted accordingly
on each January 1 and July 1 thereafter until the amount of the claim is
paid.
[Part 120:107:1941; 1931 NCL § 9882.120]—(NRS A 1977, 296; 1979,
830; 1981, 1859; 1987, 941; 1999, 2314 )
No personal representative is
chargeable upon any special promise to assume liability for damages or to
pay the debts of the decedent from his own assets, unless the agreement
for that purpose, or some memorandum or note thereof, is in writing and
signed by the personal representative, or by some other person by him
thereunto specially authorized.
[202:107:1941; 1931 NCL § 9882.202]—(NRS A 1999, 2314 )
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