If two or more heirs or
devisees are entitled to the distribution of undivided interests in any
property of the decedent, and they have not agreed among themselves,
before distribution, to a partition, allotment or other division thereof,
any one or more of them or the personal representative, at the request of
any one or more of them, may petition the court to make such partition,
allotment or division of the property as will be equitable and will avoid
the distribution of undivided interests.
[252:107:1941; 1931 NCL § 9882.252]—(NRS A 1999, 2347 )
Partition may be made
as provided in this chapter, although some of the original heirs or
devisees may have assigned or conveyed their share to other persons, and
those shares must be partitioned to the person holding them in the same
manner as they would have been to the heirs or devisees had they not
transferred their shares.
[256:107:1941; 1931 NCL § 9882.256]—(NRS A 1999, 2347 )
1. A person interested in the partition may file a petition
stating the necessary facts, particularly describing the property to be
partitioned and the person or persons interested in the property.
2. Upon filing the petition, a citation must issue to all persons
interested to appear and show cause why an order of partition should not
be made as requested.
3. The citation must specify the estate and the party petitioning
for partition.
4. The citation must be served in the manner provided in NRS
155.050 at least 10 days before the
hearing or for such other period as the court may order.
5. Upon proof that the citation has been properly served, the
court shall proceed to hear the petition and the allegation and proofs of
the respective parties, and enter an order accordingly.
[253:107:1941; 1931 NCL § 9882.253]—(NRS A 1999, 2347 )
Before any partition may be made, as provided in this
chapter, guardians must be appointed for all minor, unborn or
incapacitated persons interested in the estate to be divided, and an
attorney may be appointed for all nonresident or absent heirs or other
persons interested.
[Part 265:107:1941; 1931 NCL § 9882.265]—(NRS A 1999, 2348 )
1. If the property to be partitioned is entirely personal
property, the court shall appoint three competent, disinterested persons
as commissioners for that purpose, who shall be sworn by any person
authorized to administer oaths to faithfully and impartially discharge
their duties.
2. A certified copy of the order appointing them, attached to a
certified copy of the order fixing the shares to which the respective
parties are entitled must be given to them as their warrant, and their
oath must be endorsed thereon.
3. If the property to be divided is real property, or partly real
and partly personal, one of the three commissioners must be a licensed
professional land surveyor.
4. Upon consent of the parties, and if the court considers it
proper and just, the court may appoint one commissioner only, who has the
same authority and is governed by the same rules as if three were
appointed.
[254:107:1941; 1931 NCL § 9882.254]—(NRS A 1985, 1215; 1999, 2348
)
If the real property to be partitioned
is in different counties, the court, if deemed proper, may appoint
commissioners for each county, and in that case, the property in each
county must be divided separately, as if there were no other estate to be
partitioned, but the commissioners first appointed shall, unless
otherwise directed by the court, make division of the real property
wherever situated in this State.
[255:107:1941; 1931 NCL § 9882.255]—(NRS A 1999, 2348 )
The commissioners shall
notify all persons interested in the partition, their guardians, agents
or attorneys, of the time when they will proceed to make partition, or
the court, in the order of appointment, may fix the time.
[Part 265:107:1941; 1931 NCL § 9882.265]—(NRS A 1999, 2349 )
The commissioners
may take testimony, for which purpose any one of them may administer an
oath, and they may take all necessary steps to enable them to form a
correct judgment upon the matters before them.
[Part 265:107:1941; 1931 NCL § 9882.265]
The several shares in the real and personal property
must be set out to each individual in proportion to his right, and the
real property by metes, bounds or such description that the property can
be easily distinguished. If two or more of the parties request to have
their shares set out so as to be held in common and undivided, those
shares may be so partitioned.
[257:107:1941; 1931 NCL § 9882.257]—(NRS A 1999, 2349 )
If any tract of land or tenement is of greater
value than one party’s share in the estate to be divided, and cannot be
divided without injury to the property, it may be set off by the
commissioners to any one of the parties who will accept it and pay, or
secure to be paid, to one or more of the others interested, such sum or
sums as the commissioners award to make the partition equal, and the
commissioners shall make their award accordingly, but the partition may
not be established by the court until the sums so awarded are paid to the
parties entitled to them, or secured to their satisfaction.
[261:107:1941; 1931 NCL § 9882.261]—(NRS A 1999, 2349 )
1. If it cannot otherwise be fairly divided, the whole or any part
of the property may be recommended by the commissioners to be sold, and
if the report is confirmed, the court may order a sale by the personal
representative or by a commissioner appointed for that purpose, and
distribute the proceeds.
2. The sale must be conducted, reported upon and confirmed in the
same manner and under the same rules as in ordinary cases of sales of
real property or personal property, as the case may be, by a personal
representative under chapter 148 of NRS.
[262:107:1941; 1931 NCL § 9882.262]—(NRS A 1999, 2349 )
1. When partition of real property among heirs or devisees is
required, and such real property is in common and undivided with the real
property of any other person, the commissioners shall first divide and
sever the property of the decedent from the property in which it lies in
common, and such division, so made and established by the court, is
binding upon all the interested persons.
2. The court may authorize the personal representative to bring an
action for such partition when deemed necessary.
[263:107:1941; 1931 NCL § 9882.263]—(NRS A 1999, 2349 )
In making partition, the commissioners shall
always have regard to quantity and quality, and may set off quantity
against quality, or quality against quantity, so that when the partition
is made all the shares partitioned shall be of equal value as near as
possible.
[264:107:1941; 1931 NCL § 9882.264]
1. The commissioners, within a reasonable time shall file their
report of partition.
2. Within 15 days after the report is filed, any interested person
may file an objection to the report, particularly specifying the grounds
of objection. A copy of the objection must be served upon the
commissioners and all parties interested in the partition, their
guardians, agents or attorneys, with a notice to those persons that the
objecting party will, at a time certain, not later than 20 days after the
filing of the objection, move the court to set aside the report, and for
a new partition.
3. At the time specified, or at such other time as the court may
set, the court shall proceed to hear the objection to the report, and may
hear proof by any party, and for sufficient reasons, the court may set
aside the report and recommit the partition to the same commissioners, or
appoint others, or may modify or confirm the report.
4. If no objection is filed to the report within the time
specified and the report appears to be just and correct and all the
proceedings regular, the court shall enter an order confirming the
report. The court shall order proper conveyance to be made by the
respective parties to one another, or may appoint a commissioner to make
the conveyance or conveyances, which, when acknowledged and recorded, is
sufficient to convey title.
[266:107:1941; 1931 NCL § 9882.266]—(NRS A 1999, 2350 )
If
particular property cannot be divided without prejudice or inconvenience
to the owners, the court may assign the whole to one or more of the
parties entitled to shares therein, who will accept and pay to the other
parties interested their just proportion of the true value thereof, or
secure the same to their satisfaction or, in case of the minority or
incapacity of the other party or parties, to the satisfaction of the
guardian of the minor or incapacitated person. The true value of the
property must be ascertained and reported by the commissioners or
appraisers appointed specially for that purpose.
[260:107:1941; 1931 NCL § 9882.260]—(NRS A 1999, 2350 )
The
expenses of partition must be equitably apportioned by the court among
the parties, but each party must pay his own attorney’s fees, unless
otherwise ordered by the court for good cause.
[258:107:1941; 1931 NCL § 9882.258]—(NRS A 1999, 2350 )
The
allotment made by the court controls upon proceedings for distribution,
unless modified for good cause upon reasonable notice, and the
proceedings leading to the allotment may be reviewed upon appeal from the
order of distribution.
[259:107:1941; 1931 NCL § 9882.259]—(NRS A 1999, 2350 )
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