USA Statutes : nevada
Title : Title 12 - WILLS AND ESTATES OF DECEASED PERSONS
Chapter : CHAPTER 143 - POWERS AND DUTIES OF PERSONAL REPRESENTATIVES
If there are two
personal representatives, the acts of one alone are valid if the other is
absent from the state, or for any cause is laboring under any legal
disability, and if there are more than two, the acts of a majority are
sufficient.
[Part 44:107:1941; 1931 NCL § 9882.44]—(NRS A 1999, 2289 )
Except as
otherwise provided in NRS 146.010 , a
personal representative has a right to the possession of all the real, as
well as personal, property of the decedent and may receive the rents and
profits of the property until the estate is settled, or until delivered
over by order of the court to the heirs or devisees, and shall make a
reasonable effort to keep in good tenantable repair all houses, buildings
and appurtenances thereon which are under the control of the personal
representative.
[106:107:1941; 1931 NCL § 9882.106]—(NRS A 1999, 2290 )
1. A personal representative shall take into possession all the
estate of the decedent, real and personal, except that exempted as
provided in this title, and shall collect all receivables due the
decedent or the estate.
2. For the purpose of bringing actions to quiet title or for
partition of the estate, the possession of the personal representative
shall be deemed the possession of the heirs or devisees. The possession
of heirs or devisees is subject, however, to the possession of the
personal representative for all other purposes.
[191:107:1941; 1931 NCL § 9882.191]—(NRS A 1999, 2290 )
1. A personal representative shall use reasonable diligence in
performing the duties of the personal representative and in pursuing the
administration of the estate.
2. A personal representative in charge of an estate that has not
been closed shall:
(a) Within 6 months after the personal representative’s
appointment, where no federal estate tax return is required to be filed
for the estate; or
(b) Within 15 months after the personal representative’s
appointment, where a federal estate tax return is required to be filed
for the estate,
Ê file with the court a report explaining why the estate has not been
closed.
3. Upon receiving the report, the clerk shall set a time and place
for a hearing of the report. The personal representative shall send a
copy of the report and shall give notice of the hearing, for the period
and in the manner provided in NRS 155.010 , to:
(a) Each person whose interest is affected as an heir or devisee;
and
(b) The Department of Health and Human Services, if the Department
has filed a claim against the estate.
4. At the hearing, the court shall determine whether or not the
personal representative has used reasonable diligence in the
administration of the estate, and if the personal representative has not,
the court may:
(a) Subject to the provisions of NRS 143.037 :
(1) Prescribe the time within which the estate must be
closed; or
(2) Allow the personal representative additional time for
closing and order a subsequent report; or
(b) Revoke the letters of the personal representative, appoint a
successor and prescribe a reasonable time within which the successor
shall close the estate.
(Added to NRS by 1975, 1765; A 1997, 336; 1999, 2290 ; 2003, 880 )
1. Except as otherwise provided in this section, a personal
representative shall close an estate within 18 months after appointment.
2. If a claim against the estate is in litigation or in summary
determination pursuant to subsection 5 of NRS 145.060 or subsection 2 of NRS 147.130 or the amount of federal estate tax has not
been determined, the court, upon petition of a devisee, creditor or heir,
shall order that:
(a) A certain amount of money, or certain other assets, be retained
by the personal representative to:
(1) Satisfy the claim or tax; and
(2) Pay any fees or costs related to the claim or tax,
including fees for appraisals, attorney’s fees and court costs; and
(b) The remainder of the estate be distributed.
3. If a contest of the will or a proceeding to determine heirship
is pending, the court which appointed the personal representative:
(a) Shall order that a certain amount of money, or certain other
assets, be retained and the remainder of the estate distributed; or
(b) May, for good cause shown, order that the entire distributable
estate be retained pending disposition of the contest or proceeding.
(Added to NRS by 1997, 335; A 1999, 2291 ; 2001, 2344 )
1. If a partnership existed between the decedent, at the time of
death, and any other person, the surviving partner may continue in
possession of the effects of the partnership and settle its business, but
the interest of the decedent must be included in the inventory and
appraised as an asset of the estate.
2. The surviving partner shall proceed to settle the affairs of
the partnership without delay, and shall account to the personal
representative and pay over such balance as may be, from time to time,
payable to the estate of the decedent.
3. Upon the petition of the personal representative, the court
may, whenever it may appear necessary, order the surviving partner to
render an accounting, and in case of neglect or refusal, may, after
notice, compel it by any lawful process, and the personal representative
may maintain against the surviving partner any action which the decedent
could have maintained.
4. Upon any sale of a partnership interest, the surviving partner
may be a bidder.
[Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1999, 2291 )
After notice given
as provided in NRS 155.010 or in such
other manner as the court directs, the court may authorize the personal
representative to continue the operation of the decedent’s business to
such an extent and subject to such restrictions as may seem to the court
to be for the best interest of the estate and any interested persons.
[Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1975, 1766; 1999,
2292 )
Actions for the
recovery of any property, real or personal, or for the possession
thereof, or to quiet title thereto, or to determine any adverse claim
thereon, and all actions founded upon contracts, may be maintained by and
against a personal representative in all cases in which the actions might
have been maintained by or against the decedent.
[192:107:1941; 1931 NCL § 9882.192]—(NRS A 1999, 2292 )
A statute of limitations running on a cause of action
belonging to a decedent, that was not barred as of the date of death,
does not bar the cause of action sooner than 1 year after the death. A
cause of action that, but for this section, would be barred less than 1
year after the death of the decedent is barred after 1 year unless the
running of the statute is tolled under other law.
(Added to NRS by 1999, 2289 ; A 2003, 2510 )
1. A personal representative may commence or maintain an action
against any person who has wasted, destroyed, taken, carried away or
converted the goods of the decedent.
2. A personal representative may also commence or maintain an
action for trespass committed on the real property of the decedent while
living.
[193:107:1941; 1931 NCL § 9882.193]—(NRS A 1999, 2292 )
Any person or the personal representative has a right of
action against the personal representative of a decedent who, in the
lifetime of the decedent wasted, destroyed, took, carried away or
converted the goods or chattels of that person, or committed any trespass
on the real property of that person.
[194:107:1941; 1931 NCL § 9882.194]—(NRS A 1999, 2292 )
A
successor personal representative may, for the use and benefit of all
interested persons, maintain an action on the bond of a former personal
representative of the same estate.
[196:107:1941; 1931 NCL § 9882.196]—(NRS A 1999, 2292 )
If any
person, before the granting of letters, converts, takes or alienates any
of the money, goods, chattels or effects of a decedent, that person is
chargeable and liable to an action by the personal representative for
double the value of the property so converted, taken or alienated, to be
recovered for the benefit of the estate.
[107:107:1941; 1931 NCL § 9882.107]—(NRS A 1999, 2292 )
1. If a personal representative or other interested person alleges
in a petition to the court that any person has, or is suspected to have,
concealed, converted, conveyed away or otherwise disposed of any money,
goods, chattels or effects of the decedent, or that the person has
possession or knowledge of any deeds, conveyances, bonds, contracts or
other writings which contain evidence of, or tend to disclose the right,
title or interest of the decedent in or to any real or personal property,
or any claim or demand, or any last will of the decedent, the court may
cause that person to be cited to appear before the court to answer, upon
oath, upon the matter of the petition.
2. If the person is not in the county where letters have been
granted, the person may be cited and examined either before the court of
the county where the person may be found, or before the court issuing the
citation. If the person appears, and is found innocent, his necessary
expenses must be allowed out of the estate.
[108:107:1941; 1931 NCL § 9882.108]—(NRS A 1999, 2293 )
1. If the person so cited refuses to appear and submit to
examination or to testify concerning the matter of the complaint, the
court may commit the person to the county jail, there to remain confined
until the person obeys the order of the court or is discharged according
to law.
2. If, upon examination, it appears that the person has concealed,
converted, smuggled, conveyed away, or in any manner disposed of any
money, goods or chattels of the decedent, or that the person has
possession or control of any deeds, conveyances, bonds, contracts or
other writings which contain evidence of, or tend to disclose the right,
title, interest or claim of the decedent to any real or personal
property, claim or demand, or any last will of the decedent, the court
may enter an order requiring the person to deliver any such property or
effects to the personal representative at such time as the court may fix.
If the person fails to comply with the order, the court may commit the
person to the county jail until the order is complied with or the person
is discharged according to law.
3. The order of the court for the delivery of the property is
prima facie evidence of the right of the personal representative to the
property in any action that may be brought for its recovery, and any
judgment recovered must be for treble damages equal to three times the
value of the property.
4. In addition to the examination of the party, witnesses may be
produced and examined on either side.
[109:107:1941; 1931 NCL § 9882.109]—(NRS A 1999, 2293 ; 2003, 2511 )
The court, upon the petition of a personal representative, may
require any person entrusted by the personal representative with any part
of the estate of the decedent to appear before the court and render on
oath a full accounting of any money, goods, chattels, bonds, accounts, or
other papers or effects belonging to the estate which have come into the
possession of the person in trust for the personal representative. If the
person so cited fails or refuses to appear and render the accounting, the
court may proceed against the person as provided in NRS 143.120 .
[110:107:1941; 1931 NCL § 9882.110]—(NRS A 1999, 2294 )
1. If a debtor of the decedent is unable to pay all debts, the
personal representative, with the approval of the court, may give the
person a discharge upon such terms as may appear to the court to be for
the best interest of the estate.
2. A compromise may also be authorized by the court when it
appears to be just and for the best interest of the estate.
3. The court may also authorize the personal representative, on
such terms and conditions as may be approved by it, to extend or renew,
or in any manner modify the terms of, any obligation owing to or running
in favor of the decedent or the estate of the decedent.
4. To obtain approval or authorization the personal representative
shall file a petition showing the advantage of the settlement,
compromise, extension, renewal or modification. The clerk shall set the
petition for hearing by the court, and the petitioner shall give notice
for the period and in the manner required by NRS 155.010 .
[198:107:1941; 1931 NCL § 9882.198]—(NRS A 1999, 2294 )
1. If the decedent conveyed any real property or any rights or
interests therein, with intent to defraud creditors or to avoid any
obligation, debt or duty owed another, or so conveyed the property that
by law the deeds of conveyance are void as against creditors, or made a
gift of property in contemplation of death, and there is a deficiency of
assets in the hands of the personal representative to pay all the
expenses and debts of the estate, the personal representative, on
petition of any creditor, shall commence and prosecute to final judgment
any proper action for the recovery of the property for the benefit of the
creditors.
2. The personal representative may also, for the benefit of the
creditors, maintain an action for and recover all goods, chattels, rights
or credits, or their value, which may have been so fraudulently conveyed
by the decedent, whatever may have been the manner of fraudulent
conveyance.
[199:107:1941; 1931 NCL § 9882.199]—(NRS A 1999, 2294 )
1. A personal representative is not bound to maintain an action
for the estate, pursuant to NRS 143.150 , for the benefit of the creditors, unless a
creditor of the decedent:
(a) Files a petition; and
(b) Pays the costs and expense of the litigation or gives such
security as the court directs.
2. All real property so recovered must be sold for the payment of
debts in the same manner as prescribed in this title for sales of real
property by personal representatives.
3. The proceeds of all goods, chattels, rights or credits so
received, after reimbursement of costs and expenses of litigation
advanced by the creditor, must be applied in payment of debts in the same
manner as other personal property in the hands of a personal
representative.
[200:107:1941; 1931 NCL § 9882.200] + [201:107:1941; 1931 NCL §
9882.201]—(NRS A 1999, 2295 )
1. On petition of an interested person, the court by temporary
order may restrain a personal representative from performing specified
acts of administration, disbursement or distribution, or exercising any
powers or discharging any duties of the office, or enter any other order
to secure proper performance of the duties of the office, if it appears
to the court that the personal representative otherwise may take some
action that would jeopardize unreasonably the interest of the petitioner
or of some other interested person. A person with whom the personal
representative may transact business may be made a party to the temporary
order.
2. The matter must be set for hearing within 10 days after entry
of the temporary order unless the parties otherwise agree. Notice as the
court directs must be given by the petitioner to the personal
representative and the attorney of record of the personal representative,
if any, and to any other party named as a party in the temporary order.
(Added to NRS by 1997, 1485; A 1999, 2295 )
Unless approved in advance by a court after application,
notice and a hearing on the matter, a personal representative shall not
directly or indirectly purchase any property of the estate represented by
the personal representative.
[190:107:1941; 1931 NCL § 9882.190]—(NRS A 1999, 2295 ; 2001, 2345 )
1. A personal representative may, with court approval:
(a) Invest the property of the estate, make loans and accept
security therefor, in the manner and to the extent authorized by the
court; and
(b) Exercise options of the estate to purchase or exchange
securities or other property.
2. A personal representative may, without prior approval of the
court, invest the property of the estate in:
(a) Savings accounts in a bank, credit union or savings and loan
association in this State, to the extent that the deposit is insured by
the Federal Deposit Insurance Corporation, the National Credit Union
Share Insurance Fund or a private insurer approved pursuant to NRS
678.755 ;
(b) Interest-bearing obligations of, or fully guaranteed by, the
United States;
(c) Interest-bearing obligations of the United States Postal
Service or the Federal National Mortgage Association;
(d) Interest-bearing obligations of this State or of a county, city
or school district of this State;
(e) Money-market mutual funds that are invested only in obligations
listed in paragraphs (a) to (d), inclusive; or
(f) Any other investment authorized by the will of the decedent.
(Added to NRS by 1975, 1766; A 1999, 1458 , 2295 ; 2001, 91 )
1. Subject to such regulations as may be prescribed by the Federal
Housing Administrator, a personal representative may:
(a) Make such loans and advances of credit, and purchases of
obligations representing the loans and advances of credit, as are
eligible for insurance by the Federal Housing Administrator, and obtain
such insurance.
(b) Make such loans secured by mortgage on real property as are
eligible for insurance by the Federal Housing Administrator, and obtain
such insurance.
(c) Purchase, invest in, and dispose of notes or bonds secured by
mortgage insured by the Federal Housing Administrator, securities of
national mortgage associations, and debentures issued by the Federal
Housing Administrator.
2. No law of this State prescribing the nature, amount or form of
security or requiring security upon which loans or advances of credit may
be made, or prescribing or limiting interest rates upon loans or advances
of credit, or prescribing or limiting the period for which loans or
advances of credit may be made, applies to loans, advances of credit or
purchases made pursuant to subsection 1.
3. All above-described loans, advances of credit, and purchases of
obligations made and insured pursuant to the terms of the National
Housing Act before October 1, 1999, are hereby validated and confirmed.
[Part 1:58:1935; A 1937, 147; 1939, 43; 1931 NCL § 3652.01] + [Part
2:58:1935; 1931 NCL § 3652.02] + [3:58:1935; 1931 NCL § 3652.03]—(NRS A
1999, 2296 )
A
personal representative may purchase, invest in, and dispose of:
1. Farm loan bonds, consolidated farm loan bonds, debentures,
consolidated debentures and other obligations issued by federal land
banks and federal intermediate credit banks under the authority of the
Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and
§§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§
2001 et seq., as amended; and
2. Bonds, debentures, consolidated debentures and other
obligations issued by banks for cooperatives under the authority of the
Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive,
and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 et seq., as amended.
(Added to NRS by 1959, 33; A 1973, 1088; 1991, 461; 1999, 2297
)
1. A personal representative holding certificates of stock in that
capacity may hold the stock in the name of a nominee without mention in
the stock certificate or registration books, if:
(a) The records of the personal representative and all reports and
accountings the personal representative renders clearly show the holding
and the facts regarding it; and
(b) The nominee deposits with the personal representative a signed
statement of the true interest of the personal representative.
2. A personal representative is personally liable for any loss to
the estate resulting from any act of the nominee in connection with stock
so held.
(Added to NRS by 1961, 471; A 1999, 2297 )
1. Before letters are delivered to a personal representative, the
personal representative shall file with the county clerk of the county in
which the administration of the estate is pending a written statement
containing the name and permanent address of the personal representative.
The permanent address may, from time to time, be changed by filing with
the county clerk a written statement giving the changed address. The
permanent address shall be deemed to be that contained in the last
statement so filed by the personal representative.
2. The taking of his oath of office by a personal representative
constitutes an appointment of the county clerk of the county in which the
administration of the estate is pending to be the true and lawful
attorney, upon whom all legal process in any action or proceeding against
the personal representative may be served, with the same legal force and
effect as if served upon the personal representative personally within
the State of Nevada.
3. Service of process may be made by mailing by registered or
certified mail a copy of the process, and if the process is a summons,
there must be attached thereto a copy of the complaint certified by the
clerk or the plaintiff’s attorney, directly to the personal
representative at the address contained in the statement filed with the
clerk. This service is sufficient personal service upon the personal
representative if proof of the service is filed with the clerk.
4. The court in which the action is pending may order such
continuances as may be necessary to afford the personal representative
reasonable opportunity to defend the action.
5. The foregoing method of service is cumulative, and does not
prevent the personal service of process upon the personal representative
within the State of Nevada.
[324:107:1941; 1931 NCL § 9882.324]—(NRS A 1969, 95; 1983, 262;
1999, 2297 )
No action to which a personal representative is a party
abates by reason of the death, disqualification, resignation or removal
of the personal representative, but the person who is appointed,
qualifies and is acting as the successor must, upon motion, be
substituted as a party to the action.
[325:107:1941; 1931 NCL § 9882.325]—(NRS A 1999, 2298 )
In actions brought by
or against personal representatives, it is not necessary to join those as
parties who have not qualified.
[197:107:1941; 1931 NCL § 9882.197]—(NRS A 1999, 2298 )
