An estate escheats to and is vested in the
State of Nevada for educational purposes if any person dies or has died,
within this State, seised of any real or personal estate, and leaving no
heirs, representatives or devisees capable of inheriting or holding the
estate, and in all cases where there is no owner of the estate capable of
holding it. Any balance remaining in a retired employee’s or
beneficiary’s individual account under the Public Employees’ Retirement
System or the Judicial Retirement System established pursuant to chapter
1A of NRS is not an estate within the
meaning of this chapter.
[311:107:1941; 1931 NCL § 9882.311]—(NRS A 1977, 1598; 1999, 2354
; 2001 Special Session, 93 )
If a personal representative, on order of
the court, pays over or delivers to the State Treasurer property which
has become escheatable to the State, the receipt or certificate of the
State Treasurer evidencing the payment or delivery must be filed with the
clerk of the district court in the county in which the estate is being
administered or is located. Upon filing of the receipt or certificate,
the personal representative is released from all further liability
relating to the property.
(Added to NRS by 1999, 2353 )
1. If the Attorney General is informed, or has reason to believe,
that any real or personal property has become escheatable to this State
for the reasons specified in NRS 154.010 , or that any such property has, for any other
reason, become escheatable, the Attorney General shall file an
information on behalf of the State in the district court of the county
where the property, or any part thereof, is located.
2. The information must set forth:
(a) A description of the property.
(b) The name of the person last lawfully seised.
(c) The name of the persons holding, possessing or claiming the
property, if known.
(d) The facts and circumstances giving rise to the claim for
escheatment.
3. The information must allege that the State of Nevada has by law
the right to the property.
[Part 312:107:1941; A 1951, 19]—(NRS A 1999, 2354 )
1. Upon the filing of the information, the court shall order that
a citation be issued to the person or persons alleged in the information
to hold, possess or claim the property, requiring them to appear and show
cause why the property should not vest in the State of Nevada. Unless the
court otherwise orders, the citation must be made returnable at least 20
days after its service.
2. The court may also, if deemed advisable, order the citation to
be published in a newspaper published in the county where the
administration is pending, if any, and, if none, then in some newspaper
in this State.
[Part 312:107:1941; A 1951, 19]—(NRS A 1999, 2354 )
1. After the filing of an information as provided in NRS 154.020
, and upon petition of the Attorney
General, either before or after answer, upon notice to the person or
persons holding, possessing or claiming the property, if known, the court
may, on sufficient cause therefor being shown, appoint a receiver to take
charge of the real estate or personal property, other than money,
mentioned in the information, and receive the rents and profits of the
property until the title of the property is finally settled.
2. The receiver shall, before entering upon his duties, execute a
bond to the State of Nevada in a sum to be fixed by the court, with
sureties to be approved by the court, conditioned to perform faithfully
the duties of the trust and to account fully to the person finally
determined to be entitled to the property. That person may maintain an
action on the bond for any default or damage.
[316:107:1941; 1931 NCL § 9882.316]—(NRS A 1999, 2354 )
1. All persons named in the information may appear and plead to
the proceedings, and may traverse or deny the facts stated in the
information and the title of the State to the estate at any time on or
before the return day of the citation.
2. Any other person claiming an interest in the property may
appear and be made a defendant, and plead as stated in subsection 1 by
petition for that purpose filed within the time allowed for pleading.
3. If any person appears and pleads as stated in subsections 1 and
2, denying the title claimed by the State, or traverses any material fact
set forth in the information, or issue or issues of fact to be made up,
the matter must proceed as other civil actions on issues of fact.
4. A survey may be ordered, as in other civil actions, if the
boundary is called into question.
[Part 313:107:1941; 1931 NCL § 9882.313]—(NRS A 1999, 2355 )
After the issues are tried, if it
shall appear from the facts that the State has a good title to the estate
mentioned in the information, or any part thereof, or if no defense be
made by anyone, judgment shall be rendered that the State be seised
thereof, and recover costs of suit against the defendants, if any appear.
[Part 313:107:1941; 1931 NCL § 9882.313]
1. Upon any judgment entered by a court of competent jurisdiction,
escheating real property to the State, on petition of the Attorney
General, or on petition of a personal representative of the estate, the
court shall, or the court may upon its own motion, enter an order that
the real property be sold by the sheriff of the county where the property
is situated, at public sale, after giving notice of the time and place of
sale as is provided in cases of sale of property under execution.
2. The sheriff shall, within 10 days after the sale, submit a
report thereof to the court. Upon the hearing of the report, the court
may examine the report and any witnesses, and if the proceedings were
unfair, or the sum bid is disproportionate to the value of the property
sold, or if it appears that a sum exceeding the bid by at least 5 percent
may be obtained, the court may vacate the sale and direct another sale to
be conducted in all respects as if no previous sale had taken place.
3. If an offer of 5 percent more in amount than that named in the
report is made to the court in writing by a responsible person, the court
may accept that offer and confirm the sale, or order a new sale.
4. If it appears to the court that the sale was legally made and
fairly conducted, and that the sum bid is not disproportionate to the
value of the property sold, and that a sum in excess of 5 percent more
than the bid cannot be obtained, or if an increased bid was accepted by
the court, the court shall enter an order confirming the sale and
directing the sheriff, in the name of the State, to execute to the
purchaser a conveyance of the property sold. The conveyance vests in the
purchaser all the right and title of the State therein.
5. The sheriff shall, out of the proceeds of the sale, pay the
costs of the proceedings incurred on behalf of the State, including the
expenses of making the sale, and also an attorney’s fee, if additional
counsel was employed in the proceedings, to be fixed by the court. The
sheriff shall deposit the remaining proceeds in the State Treasury for
credit to the Fund for Escheated Estates.
[Part 313:107:1941; 1931 NCL § 9882.313]—(NRS A 1983, 1091; 1999,
2355 )
As in civil cases, the Attorney
General, in behalf of the State, and any party who has appeared in any
proceedings mentioned in NRS 154.060 ,
has the right to appeal from any judgment rendered in the proceedings.
[314:107:1941; 1931 NCL § 9882.314]
1. The State Treasurer may sell at a public sale property in the
custody of the State Treasurer which has escheated to the State. The
State Treasurer shall cause public notice of the sale to be given. Any
money received from the sale must be deposited in the State Treasury for
credit to the Fund for Escheated Estates.
2. The personal representative of an estate shall sell any
property and transmit the proceeds of the sale to the State Treasurer for
credit to the Fund for Escheated Estates unless the State Treasurer
authorizes transmittal of the property.
(Added to NRS by 1983, 1091; A 1999, 2356 )
The Director of the State Department of
Conservation and Natural Resources shall keep a true record or
description of all real property vested in the State by escheat. All real
property must be described by legal subdivision, by metes and bounds
sufficiently accurate to identify the ground on an approved township plat
from the Bureau of Land Management or, if within an approved townsite, by
reference to the lot, block, and tract or subdivision.
[1:55:1941; 1931 NCL § 7530.01] + [Part 315:107:1941; A 1951,
27]—(NRS A 1957, 654; 1983, 1092; 1991, 206)
The State Controller
shall:
1. Keep a true account of all money paid into the State Treasury
for credit to the Fund for Escheated Estates and of all real and personal
property vested in the State by escheat.
2. Account separately for the proportionate share of interest
earned on the money in the Fund for Escheated Estates and credit an
amount equal to that interest to the Fund.
3. Transfer:
(a) All of the interest earned on the money in the Fund for
Escheated Estates;
(b) All income of any kind which is earned on any real or personal
property vested in the State by escheat; and
(c) All estates which are not claimed within the period fixed by
NRS 154.120 , to the State Permanent
School Fund at least annually.
(Added to NRS by 1983, 1091)
1. If, within 6 years after any judgment escheating property to
the State, any person claims any money or property vested in the State by
the judgment, the person may file a petition in the district court of
Carson City, stating the nature of the claim, with an appropriate request
for the relief demanded.
2. A copy of the petition must be served upon the Attorney General
before or at the time of filing. Within 20 days after service, the
Attorney General shall appear in the proceeding and plead or answer the
petition. If, after examining all the facts, the Attorney General is
convinced that the State has no legal defense against the petition, the
Attorney General may, with the consent of the court, confess judgment on
behalf of the State.
3. If judgment is not confessed, the petition is at issue on the
20th day after its filing, and may be heard by the court on that day, or
at such future day as the court may order.
4. Upon the hearing, the court shall examine the claim and hear
the allegations and evidence. If the court finds that the person is
entitled to any money, it shall, by judgment, order the State Controller
to draw his warrant in favor of the claimant upon the State Treasurer for
the sum specified in the order, but without interest, income or cost of
any kind to the state. A certified copy of the judgment and order
directing the State Controller to draw a warrant for money is a
sufficient voucher to do so.
5. If any property is the subject of the trial, and the court
finds the claimant entitled to it, the court shall enter an order
accordingly. The order divests the interests of the State in or to the
property, but no interest, income or other cost of any kind may be taxed
against the State.
6. If any property has been sold as provided in this chapter after
the judgment of escheat, the petitioner is entitled to the proceeds of
the sale less the cost of the sale without any interest, income or other
cost to the State of any kind, in lieu of the property, and the court
shall enter an order accordingly.
7. All persons, except minors and incapacitated persons, who fail
to appear and file their petitions within the time limited in subsection
1 are barred forever. Minors and incapacitated persons may appear and
file their petitions at any time within 5 years after their respective
disabilities are removed.
[Part 6:55:1941; A 1951, 26] + [Part 315:107:1941; A 1951, 27]—(NRS
A 1969, 315; 1983, 1092; 1999, 2356 )
Any person furnishing original
information of any property escheatable to the State of Nevada, with the
necessary evidence to sustain the information in that behalf, to the
court of the county where the property is located, and to the Attorney
General, shall be entitled to receive, upon the final recovery of the
property, 5 percent of the value of the property so recovered; provided:
1. That the amount so received by the person furnishing the
information shall not in the aggregate exceed the sum of $20,000 in any
one case; and
2. That one person only shall be entitled to compensation for such
service.
[317:107:1941; A 1951, 19]
All money
received by the State from escheated estates must be deposited in the
State Treasury for credit to the Fund for Escheated Estates which is
hereby created as a trust fund.
[318:107:1941; 1931 NCL § 9882.318]—(NRS A 1959, 23; 1983, 1093)
DISPOSITION OF REAL PROPERTY AFTER ESCHEAT
1. A person desiring to acquire title to any individual item or
real property which has escheated to the State must proceed by petition
to the Director of the State Department of Conservation and Natural
Resources on forms obtainable at his office and in the manner described
in NRS 154.150 to 154.180 , inclusive.
2. A petition for unimproved real property outside of approved
townsites may not be accepted for a parcel of land less than the smallest
legal subdivision (40 acres) unless the area in its entirety is less than
40 acres. In such a case, that portion of the subdivision must be
described and disposed of on one petition unless, in the discretion of
the Director of the State Department of Conservation and Natural
Resources, it is found that the remaining portion could be disposed of
within a reasonable length of time, and would not become an isolated
tract. He may then accept an application for a portion of the tract, if a
survey is made and a plat submitted on tracing cloth, 24 inches by 32
inches, on which is set forth an accurate description of the property by
metes and bounds, with at least one corner of the property tied to a
point on the United States public land surveys.
[2:55:1941; 1931 NCL § 7530.02]—(NRS A 1957, 654; 1999, 2357 )
The petition must be accompanied by:
1. The purchase price in the amount of the petitioner’s offer for
the real property desired.
2. A sufficient sum to cover the cost of advertising.
3. A fee of $5.
[3:55:1941; 1931 NCL § 7530.03]—(NRS A 1999, 2357 )
1. The Director of the State Department of Conservation and
Natural Resources shall issue a receipt to the petitioner for the amount
deposited in his trust and shall without any unnecessary delay cause
notice of the petition to be given in the following manner:
(a) By posting one of the notices in a conspicuous place in the
office of the Director of the State Department of Conservation and
Natural Resources.
(b) By posting one of the notices at a conspicuous place at the
property.
(c) By publishing a notice in a newspaper in the county in which
the real property is located at least once each week for 4 consecutive
weeks prior to the date of sale.
2. The notice must contain:
(a) The name of the deceased owner in which was vested the title
before death, if known.
(b) A description of the property as contained in the petition.
(c) The amount of the offer contained in the petition.
(d) A statement that the property will be sold to the highest
bidder, specifying the time and place of the sale and that the
transaction must be handled in legal tender of the United States or a
certified check.
3. The Director of the State Department of Conservation and
Natural Resources may reject any or all bids.
[4:55:1941; 1931 NCL § 7530.04]—(NRS A 1999, 2357 )
The person to whom the
title passes must pay the cost of advertising and the petition fee. When
the title passes to a person other than the person who made the petition,
the original petitioner must be reimbursed all moneys deposited by him.
[5:55:1941; 1931 NCL § 7530.05]—(NRS A 1999, 2358 )
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