If any resident of this State,
who owns or is entitled to the possession of any real or personal
property situate therein, is missing, or his whereabouts is unknown, for
90 days or more, and a petition is presented to the district court of the
county in which his last known residence was located by any member of his
family or any friend, representing that his whereabouts has been, for
such time, and still is, unknown, and that his estate requires attention,
supervision and care of ownership, the court shall order such petition to
be filed, and appoint a day for its hearing, not less than 10 days from
the date of the order.
(Added to NRS by 1959, 504; A 2001, 168 )
The clerk of the court shall thereupon cause a
notice to be published in some daily or weekly newspaper published in the
county, at least 10 days prior to such hearing, stating that such
petition will be heard at the courtroom of the court at the time
appointed for the hearing. The court may direct further notice of the
application to be given in such manner and to such persons as it may deem
proper.
(Added to NRS by 1959, 505)
The court shall hear
the evidence offered in support of or in opposition to the petition, and,
if satisfied that the allegations thereof are true, and that such person
remains missing, and his whereabouts unknown, it shall appoint some
suitable person as trustee to take charge and possession of such estate
and manage and control it under the direction of the court.
(Added to NRS by 1959, 505)
In appointing such
trustee, the court shall prefer the spouse of the missing person, or the
spouse’s nominee, and, in the absence of a spouse, some relative of the
missing person.
(Added to NRS by 1959, 505; A 1979, 143)
Every trustee appointed under NRS
156.010 to 156.110 , inclusive, shall give a bond in an amount to
be fixed by the court.
(Added to NRS by 1959, 505)
1. The trustee shall take possession of the real and personal
estate in this State of such missing person, and collect and receive the
rents, income and proceeds thereof, collect all indebtedness owing to
him, and pay such indebtedness of the missing person as may be authorized
by the court.
2. The court may direct the trustee to pay to the family of the
missing person such sums of money for family expenses and support from
the income and principal of the estate as it may, from time to time,
determine.
(Added to NRS by 1959, 505)
The trustee shall, when directed by the court, account
to it for all his acts as trustee, and the court may, from time to time,
upon good cause shown, remove any trustee, and appoint another in his
place.
(Added to NRS by 1959, 505)
1. The trustee may sell any of the personal property or sell,
mortgage or give a deed of trust upon any of the real property of the
missing person when the court considers such an action to be in the best
interest of the estate and all parties concerned, including devisees and
those who would be, in case of the death of the missing person, the heirs
at law. For that purpose, the trustee may file a petition with the court
asking for an order authorizing such a sale, mortgage or deed of trust.
2. The clerk shall set the petition for hearing and give notice of
the hearing, in the manner prescribed in NRS 155.010 , to the persons described in that section and
to:
(a) Each of the persons who would be heirs at law of the missing
person if he were dead; and
(b) If it appears that the missing person left a will, each devisee
mentioned therein.
3. If the address of any such person is unknown, the notice must
be mailed by registered or certified mail to that person at the county
seat of the county in which the court is held, and the trustee shall file
his affidavit showing that the address is unknown and stating what
efforts he has made to learn the address.
(Added to NRS by 1959, 505; A 1969, 95; 1983, 670; 2001, 168 )
Proof shall be offered at the
hearing provided for in NRS 156.080
showing the reasons for making the sale, mortgage or deed of trust. If
the court finds that it will be for the best interests of all persons
concerned in the estate of the missing person to make such sale, mortgage
or deed of trust, it shall order the trustee to proceed therewith in the
manner provided in this title for the sales, mortgages and deeds of
trusts of deceased persons. No such sale, mortgage or deed of trust may
take place prior to the expiration of 8 months from the date of the
appointment and qualification of the trustee.
(Added to NRS by 1959, 506)
If the missing
person returns, the court, upon application of such person, or upon its
own motion, shall require the trustee to render and file a verified
account of the administration of the trust. The provisions of this title
relating to accounting by executors and administrators of estates of
deceased persons shall apply to such accounting.
(Added to NRS by 1959, 506)
Upon settling the account of the
trustee, the court shall order the property of the missing person
remaining in the hands of the trustee to be delivered to the owner
thereof.
(Added to NRS by 1959, 506)
ADMINISTRATION OF ESTATES OF PERSONS MISSING 3 YEARS OR MORE
If any person owning property in this State has
been absent from his last known place of residence for a continuous
period of 3 years, with his whereabouts for that period unknown to the
persons most likely to know thereof, he shall be deemed to be a missing
person, and all property of the person in this State may be administered,
as though he were deceased, in the same manner provided in this title for
the administration of estates of deceased persons, subject to the
conditions, restrictions and limitations prescribed in NRS 156.120 to 156.260 ,
inclusive.
(Added to NRS by 1959, 506; A 1991, 965)
1. If such person was a resident of this State at the time of his
disappearance, the district court of the county in which that residence
was located shall have jurisdiction of all proceedings initiated under
NRS 156.120 to 156.260 , inclusive.
2. If such person was a nonresident of this State, the district
court in any county where any real property of the missing person is
located, or of the county where any personal property is located, if
there is no real property in the State, shall have jurisdiction in such
proceedings.
3. The title of all proceedings commenced and prosecuted under NRS
156.120 to 156.260 , inclusive, shall be entitled “In the matter
of the estate of ................, a missing person.”
(Added to NRS by 1959, 506; A 1991, 965)
1. If a petition is presented to the court having jurisdiction, as
provided in NRS 156.130 , by his spouse
or any of his family or friends, representing that his whereabouts has
been for the required period and still is unknown and that he left an
estate which requires administration, the clerk of the court shall
appoint a day for hearing the petition, not less than 3 months from the
date of filing.
2. The petition may be for administration of the estate or probate
of the will of the person, as the case may be, and must be verified to
the best knowledge and belief of the petitioner.
3. The petition must set forth a statement of facts as required in
the case of administration of estates of deceased persons and must
contain allegations as to the last known place of residence of the
missing person, when he disappeared therefrom, the fact that he has not
been heard from by the person most likely to hear, naming the person and
his relationship, for a period of 3 years or more, and the fact that his
whereabouts is unknown to the person and the petitioner.
(Added to NRS by 1959, 506; A 1991, 965; 2001, 168 )
Notice of hearing
the petition for administration of the estate or probate of the will of
the missing person shall be given in the manner provided in this title
for giving notice of hearing in the administration of estates of deceased
persons, and notice shall be mailed by registered or certified mail to
the last known address of the missing person, and proof by affidavit of
such notices shall be filed prior to or at the hearing.
(Added to NRS by 1959, 507; A 1969, 95)
1. The court shall hear all evidence in support of or in
opposition to the petition provided for in NRS 156.140 , and, if satisfied that the allegations
thereof are true, and that the missing person has remained missing for a
continuous period of 3 years or more and that his whereabouts is unknown,
shall appoint some qualified person as administrator or executor in the
manner provided in this title for the estates of deceased persons.
2. If the court grants the order, it shall:
(a) Fix and determine the time when the person left his last place
of residence and abode and became missing and that his whereabouts has
not been known continuously for a period of at least 3 years; and
(b) Make a finding stating the fact and date of death.
3. At the hearing the court may consider the testimony of any
witnesses likely to know the last place of residence and whereabouts of
the missing person, and may receive in evidence and consider the
affidavits and depositions of other competent persons.
(Added to NRS by 1959, 507; A 1991, 965)
Except for the purposes of paying taxes, assessments,
liens, insurance premiums, allowing claims for debts contracted by the
missing person before his disappearance or to prevent the depreciation of
property on account of neglect or waste, or to specifically perform
contracts made by the missing person before his disappearance, no sale,
mortgage or other disposition or distribution of the property of such
person shall be made until the lapse of 1 year after the appointment and
qualification of the executor or administrator.
(Added to NRS by 1959, 507)
No distribution of the property of the
missing person to the heirs or devisees of the missing person may be made
until the lapse of 1 year after the appointment and qualification of the
executor or administrator, unless the distributee gives a bond in a penal
sum not less than the value of the property distributed and for such
additional amount as the court prescribes, conditioned for the return of
the property or the value thereof to the personal representative of the
estate in case the missing person be adjudicated to be still living since
the commencement of the 3-year period, and also conditioned to save the
personal representative of the estate harmless from the damages and
expenses of all suits brought by the missing person or anyone succeeding
to his rights, by reason of the distribution during the period of 1 year.
(Added to NRS by 1959, 507; A 1991, 966; 2001, 168 )
1. If any person, within 1 year after the appointment and
qualification of a personal representative, files a petition, claiming to
be the missing person, and causes a copy of the petition to be served
personally or by registered or certified mail upon the personal
representative and upon each of the persons entitled to share in the
estate of the missing person upon the death of the missing person, and
the devisees, the court shall determine the identity of the claimant at a
hearing for that purpose.
2. The court may, upon application or of its own motion, require
the claimant to give security to be approved by the court for all costs
and expenses involved in the hearing and ultimate determination of the
action, in case the outcome of the hearing be adverse to the claimant.
3. The petition must set forth the facts and circumstances of the
claimant’s disappearance and continued absence, and other facts and
circumstances upon which he relies for his identification.
(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168 )
If the court determines that the claimant is the
missing person, an order shall be made vacating all of the proceedings
for administration, except those providing for the payment of taxes,
assessments, liens, insurance premiums, allowed claims, the specific
performance of contracts, preservation of the property, and any sale,
encumbrance or other disposition of the property made in compliance with
an order of the court. The remainder of the estate, less fees, costs and
expenses incurred, shall be surrendered and delivered to the claimant.
(Added to NRS by 1959, 508)
1. If any other person within 1 year after the appointment and
qualification of the representative files a petition claiming that the
missing person died subsequent to the commencement of the 3-year period
provided herein, and the petitioner is entitled to the property in the
estate, or any portion thereof, as successor in interest to the rights of
the missing person, and if the petitioner causes a copy of the petition
to be served personally or by registered or certified mail upon the
personal representative of the estate and upon each of the heirs and
devisees, the court shall determine the truth of the facts contained in
the petition.
2. The court may, upon application or on its own motion, require
the claimant to give security to be approved by the court for all costs
and expenses involved in the hearing and determination of the truth of
the facts contained in the petition, in case the hearing is decided
adverse to the claimant.
3. If the hearing is decided in favor of the claimant, the court
shall make and enter such order as the circumstances require.
(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168 )
1. If no claims are made during the 1-year period by any person
claiming to be the missing person or a person claiming to have succeeded
to the rights of that person, a conclusive presumption arises that the
missing person died before the filing of the petition for the
administration of his estate or the probate of his will.
2. In such event, the estate must be finally distributed
accordingly, so far as the same has not already been accomplished, and
the court shall order the estate closed and all liability of sureties,
the personal representative and the distributees ended, and all bonds
cancelled.
(Added to NRS by 1959, 508; A 1991, 967; 2001, 168 )
If the petition provided in NRS 156.140 is filed more than 5 years after the
disappearance of the missing person, the estate of the person may be
finally distributed and closed at the end of 1 year after the filing of
the petition, without a bond being given.
(Added to NRS by 1959, 509; A 1991, 967)
No claims against the estate
of a missing person, or against the personal representative of the estate
or any surety or distributee may be brought by any person, including the
missing person and persons claiming under him, after the expiration of 5
years from the date of disappearance as determined in the manner provided
in NRS 156.160 .
(Added to NRS by 1959, 509; A 1991, 967; 2001, 168 )
The administrator or executor to whom letters have been issued as
provided in NRS 156.120 to 156.260
, inclusive, shall administer and
distribute the estate of the missing person in the same manner and method
and with the same force and effect as provided in this title for the
administration and settlement of estates of deceased persons, except as
otherwise provided in NRS 156.120 to
156.260 , inclusive.
(Added to NRS by 1959, 509)
120 to 156.260 ,
inclusive. The provisions of NRS 156.120 to 156.260 ,
inclusive, apply to all missing persons, whether their absence commenced
prior to March 30, 1959, is still continuing, or commences subsequent to
March 30, 1959.
(Added to NRS by 1959, 509)
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