USA Statutes : nevada
Title : Title 12 - WILLS AND ESTATES OF DECEASED PERSONS
Chapter : CHAPTER 141 - LETTERS GENERALLY; CHANGES IN ADMINISTRATION
Letters testamentary, letters of
administration with the will annexed, letters of special administration
and letters of administration must be signed by the clerk and under the
seal of the court.
[46:107:1941; 1931 NCL § 9882.46] + [Part 66:107:1941; 1931 NCL §
9882.66]—(NRS A 1999, 2279 )
Letters testamentary may be in
substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters
Testamentary
....................................................... )
On .… (day) …… (month) …… (year), the court entered an order
admitting the decedent’s will to probate and appointing (name)
as executor of the decedent’s estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums
in excess of $……;
[ ] a directive for the posting of a bond in the sum of $…….; or
[ ] a directive for both the establishment of a blocked account for
sums in excess of $……. and the posting of a bond in the sum of $……..
The executor, after being duly qualified, may act and has the
authority and duties of an executor.
In testimony of which, I have this date signed these letters and
affixed the seal of the court.
CLERK OF THE COURT
By .........................................
Deputy Clerk (date)
OATH
I,………………………………………………………, whose mailing address is
………………………………………….………, solemnly affirm that I will faithfully perform
according to law the duties of executor, and that all matters stated in
any petition or paper filed with the court by me are true of my own
knowledge or, if any matters are stated on information and belief, I
believe them to be true.
...............................................
Executor
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ………
(year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ....................................................
NOTARY PUBLIC
County of ……… State of ............
[47:107:1941; 1931 NCL § 9882.47]—(NRS A 1999, 2279 ; 2001, 164 )
Letters
of administration with the will annexed may be in substantially the
following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of
Administration With the Will Annexed
………………………………..)
On ……… (day) …… (month) …… (year), the court entered an order
admitting the decedent’s will to probate and appointing (name)
as administrator with the will annexed of the decedent’s estate. The
order includes:
[ ] a directive for the establishment of a blocked account for sums
in excess of $ ……….;
[ ] a directive for the posting of a bond in the sum of $ ……….; or
[ ] a directive for both the establishment of a blocked account for
sums in excess of $ ………. and the posting of a bond in the sum of $ ………...
The administrator with the will annexed, after being duly
qualified, may act and has the authority and duties of administrator with
the will annexed.
In testimony of which, I have this date signed these letters and
affixed the seal of the court.
CLERK OF THE COURT
By ……………………….
Deputy Clerk (date)
OATH
I, ………………………………………………………, whose mailing address is
……………………………………………., solemnly affirm that I will faithfully perform
according to law the duties of administrator with the will annexed, and
that all matters stated in any petition or paper filed with the court by
me are true of my own knowledge or, if any matters are stated on
information and belief, I believe them to be true.
…………………………………………
Administrator With the Will Annexed
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ………
(year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ....................................................
NOTARY PUBLIC
County of ……… State of ............
[48:107:1941; 1931 NCL § 9882.48]—(NRS A 1999, 2280 )
Letters of administration
may be in substantially the following form, after properly entitling the
court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of
Administration
....................................................... )
On ……… (day) …… (month) ……. (year), the court entered an order
appointing (name) as administrator of the decedent’s estate.
The order includes:
[ ] a directive for the establishment of a blocked account for sums
in excess of $ ……….;
[ ] a directive for the posting of a bond in the sum of $ ……….; or
[ ] a directive for both the establishment of a blocked account for
sums in excess of $ ………. and the posting of a bond in the sum of $ ………....
The administrator, after being duly qualified, may act and has the
authority and duties of administrator.
In testimony of which, I have this date signed these letters and
affixed the seal of the court.
CLERK OF THE COURT
By ……………………….
Deputy Clerk (date)
OATH
I, ………………………………………………………, whose mailing address is
……………………………………………., solemnly affirm that I will faithfully perform
according to law the duties of administrator, and that all matters stated
in any petition or paper filed with the court by me are true of my own
knowledge or, if any matters are stated on information and belief, I
believe them to be true.
…………………………
Administrator
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ………
(year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ....................................................
NOTARY PUBLIC
County of ……… State of ............
[Part 66:107:1941; 1931 NCL § 9882.66]—(NRS A 1999, 2281 )
Letters of special
administration may be in substantially the following form, after properly
entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Special
Administration
....................................................... )
On ……… (day) …… (month) ……. (year), the court entered an order
appointing (name) as special administrator of the decedent’s
estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums
in excess of $……….;
[ ] a directive for the posting of a bond in the sum of $……….; or
[ ] a directive for both the establishment of a blocked account for
sums in excess of $ ………. and the posting of a bond in the sum of $……….....
The special administrator, after being duly qualified, may act and
has the authority and duties of special administrator.
In testimony of which, I have this date signed these letters and
affixed the seal of the court.
CLERK OF THE COURT
By ……………………….
Deputy Clerk (date)
OATH
I, ………………………………………………………, whose mailing address is
……………………………………………., solemnly affirm that I will faithfully perform
according to law the duties of special administrator, and that all
matters stated in any petition or paper filed with the court by me are
true of my own knowledge or, if any matters are stated on information and
belief, I believe them to be true.
…………………………
Special Administrator
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ………
(year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ....................................................
NOTARY PUBLIC
County of ……… State of ............
(Added to NRS by 1999, 2278 ; A 2003, 2509 )
DISABILITY AND SUBSTITUTION
If, after granting
letters of administration on the ground of intestacy, a will of the
decedent is duly proved and allowed by the court, the letters of
administration must be revoked and the power of the administrator ceases,
and the administrator shall render an account of his administration
within such time as the court directs. In such a case, the executor of
the will, or the administrator with the will annexed, is entitled to
demand, maintain an action for and collect all the goods, chattels and
effects of the decedent, remaining unadministered, and may prosecute to
final judgment any action commenced by or against the administrator
before the revocation of that administrator’s letters.
[92:107:1941; 1931 NCL § 9882.92]—(NRS A 1999, 2282 )
If one
of several personal representatives of the same estate to whom letters
have been granted dies, becomes incapacitated or disqualified, or
otherwise becomes incapable of executing the duties of the office, or if
the letters are revoked or annulled according to law with respect to one
personal representative, the remaining personal representative shall
proceed and complete the administration of the estate.
[90:107:1941; 1931 NCL § 9882.90]—(NRS A 1999, 2282 )
If all
the personal representatives die or from any cause become incapable of
executing the duties of their office, or the authority of all of them is
revoked or annulled according to law, the court shall direct letters to
be issued according to the priority established in NRS 139.040 . The successor personal representative shall
post such bond as the court may require.
[91:107:1941; 1931 NCL § 9882.91]—(NRS A 1959, 47; 1977, 410; 1999,
2282 )
RESIGNATION, SUSPENSION AND REMOVAL
A personal representative may resign the appointment at
any time, by a writing filed with the court, to take effect upon the
settlement of the accounts. If, however, by reason of any delay in the
settlement or for any other cause, the circumstances of the estate or the
rights of those interested therein require it, the court, at any time
after the tendering of the resignation, may revoke the letters of the
personal representative and appoint a successor personal representative
in the same manner as is directed in relation to original letters. The
liability of the previous personal representative or of the sureties on
the bond of the personal representative is not discharged, released or
affected by the resignation or appointment, but continues until the
personal representative has delivered up all the estate to the successor
and filed an accounting in accordance with NRS 150.080 , and the accounting has been approved by the
court.
[93:107:1941; 1931 NCL § 9882.93]—(NRS A 1999, 2283 )
If a court has reason to believe, from its own knowledge
or from credible information, that a personal representative:
1. Has wasted, converted to the personal representative’s own use
or mismanaged, or is about to waste or convert to the personal
representative’s own use, the property of the estate committed to the
personal representative’s charge;
2. Has committed or is about to commit any wrong or fraud upon the
estate;
3. Has become disqualified to act;
4. Has wrongfully neglected the estate;
5. Has a conflict of interest with the estate; or
6. Has unreasonably delayed the performance of necessary acts in
any particular as personal representative,
Ê the court may, by an order entered upon the minutes, suspend the powers
of the personal representative until the matter can be investigated, or
take such other action as it deems appropriate under the circumstances.
[276:107:1941; A 1953, 170]—(NRS A 1999, 2283 ; 2003, 2510 )
After receipt of notice
of a proceeding to suspend or remove a person as personal representative,
the person shall not act except to account, correct malfeasance or
misfeasance of administration, or preserve the estate. If removal is
ordered, the court shall also order the disposition or transfer of the
assets remaining in the name or under the control of the personal
representative being removed.
(Added to NRS by 1999, 2279 )
During the suspension of the powers of
a personal representative, as provided in NRS 141.090 and 142.110 ,
the court, if the condition of the estate requires, may appoint a special
administrator to take charge of the estate. The special administrator
must post such bond as the court may require.
[277:107:1941; 1931 NCL § 9882.277]—(NRS A 1999, 2283 )
1. If an order of suspension is entered, the clerk shall issue a
citation, reciting the order of suspension, to the personal
representative to appear before the court at a time stated, as fixed by
the court, to show cause why the letters of the personal representative
should not be revoked.
2. The citation must be served as provided in NRS 155.050 .
3. If the personal representative has absconded or has left the
State, the citation may be served by leaving a copy with the personal
representative’s attorney of record, if available, or in such manner as
the court may direct, and the court has jurisdiction to proceed as if the
citation had been personally served.
[Part 278:107:1941; 1931 NCL § 9882.278] + [280:107:1941; 1931 NCL
§ 9882.280]—(NRS A 1999, 2284 )
An interested person may appear at the hearing
and file allegations in writing, showing that the personal representative
should be removed.
[279:107:1941; 1931 NCL § 9882.279]—(NRS A 1999, 2284 )
1. If the personal representative fails to appear as required by
the citation, or if the personal representative appears and the court is
satisfied that good grounds exist for removal, the letters of the
personal representative must be revoked, and new letters must issue.
2. In proceedings for the removal of a personal representative,
the court may compel the attendance of the personal representative by
proper process, and may require the personal representative to answer
questions, on oath, relating to the administration, and, upon refusal to
do so, may commit the personal representative to jail until the personal
representative obeys or may revoke the letters, or both.
[Part 278:107:1941; 1931 NCL § 9882.278] + [281:107:1941; 1931 NCL
§ 9882.281]—(NRS A 1999, 2284 )
All acts of a personal representative before the revocation of the
letters of the personal representative are as valid, for all intents and
purposes, as if the personal representative had continued lawfully to
execute the duties of the office.
[94:107:1941; 1931 NCL § 9882.94]—(NRS A 1999, 2284 )
