USA Statutes : nevada
Title : Title 12 - WILLS AND ESTATES OF DECEASED PERSONS
Chapter : CHAPTER 148 - SALES, CONVEYANCES AND EXCHANGES
In selling
property to pay debts, devises, family allowance or expenses, there is no
priority between personal and real property. When a sale of property of
the estate is necessary for any such purpose, or when it is for the
advantage, benefit and best interests of the estate and any interested
persons that any property of the estate be sold, the personal
representative may sell the property, either at public auction or private
sale, using his discretion as to which property to sell first, except as
otherwise provided in NRS 150.225 and
151.003 .
[139:107:1941; 1931 NCL § 9882.139]—(NRS A 1999, 2315 )
1. Except as otherwise provided in NRS 148.170 and 148.180
and in summary administration under chapter 145 of NRS, all sales of property must be reported to
the court and confirmed by the court before the title to the property
passes. The report and a petition for confirmation of the sale must be
made within 30 days after each sale.
2. The clerk shall set the petition for hearing by the court, and
the petitioner shall give notice thereof for the period and in the manner
required by NRS 155.010 , or for such a
period and in such manner as may be ordered by the court.
[140:107:1941; 1931 NCL § 9882.140]—(NRS A 1999, 2315 )
An
interested person may file written objections to the confirmation of the
sale and may be heard thereon, and may produce witnesses in support of
the objections. Before an order is made confirming a sale, it must be
proved to the satisfaction of the court that notice of the sale was given
as prescribed by this chapter, and the order of confirmation must show
that such proof was made.
[141:107:1941; 1931 NCL § 9882.141]—(NRS A 1999, 2316 )
If property is
directed by the will to be sold, or authority is given in the will to
sell the property, the personal representative may sell it either at
public auction or private sale, and with or without notice, as the
personal representative may determine, but the personal representative
must make a return of sales and obtain confirmation as in other cases. In
either case, no title passes unless the sale is confirmed by the court,
but the necessity of the sale, or its advantage or benefit to the estate
or interested persons need not be shown. If directions are given in the
will as to the mode of selling, or the particular property to be sold,
those directions must be observed.
[142:107:1941; 1931 NCL § 9882.142]—(NRS A 1999, 2316 )
If the personal
representative neglects or refuses to sell any property of the estate
when it is necessary or when it is for the advantage, benefit and best
interests of the estate and interested persons, or if the personal
representative is directed by the will to sell the property, an
interested person may petition the court for an order requiring the
personal representative to sell. The clerk shall set the petition for
hearing by the court, and the petitioner shall give notice to the
personal representative by citation served at least 5 days before the
hearing.
[143:107:1941; 1931 NCL § 9882.143]—(NRS A 1999, 2316 )
If
there is neglect or misconduct in the proceedings of the personal
representative in relation to any sale by which an interested person
suffers damage, the person aggrieved may recover damages in an action
upon the bond of the personal representative or otherwise.
[144:107:1941; 1931 NCL § 9882.144]—(NRS A 1999, 2316 )
1. The personal representative may enter into a written contract
with any bona fide agent, broker, or multiple group of agents or brokers
to secure a purchaser for any personal property of the estate, and by
that contract, the personal representative may grant an exclusive right
to sell and shall provide for the payment to the agent, broker, or
multiple group of agents or brokers, out of the proceeds of a sale to any
purchaser secured pursuant to the contract, of a commission, the amount
of which must be fixed and allowed by the court upon confirmation of the
sale. If the sale is confirmed to the purchaser, the contract is binding
and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract, no personal liability is
incurred by the personal representative, and no liability of any kind is
incurred by the estate unless a sale is made and confirmed by the court.
3. Except as otherwise provided in subsection 4, the commission
must not exceed 25 percent of the proceeds from the sale of any personal
property pursuant to this section unless, before the sale of the personal
property, the court approves a commission that exceeds 25 percent of the
proceeds from the sale.
4. If a manufactured home or motor vehicle is sold pursuant to the
provisions of this section, the commission for the sale of the
manufactured home or motor vehicle must not exceed 10 percent of the
proceeds from the sale.
5. As used in this section:
(a) “Commission” means all fees collected by an agent, broker or
group of agents or brokers to secure a purchaser for any personal
property of an estate pursuant to this section, including all fees for
costs related to the sale of any personal property pursuant to this
section.
(b) “Manufactured home” has the meaning ascribed to it in NRS
118B.015 .
(Added to NRS by 2003, 2513 ; A 2005, 395 )
1. The personal representative may enter into a written contract
with any bona fide agent, broker, or multiple group of agents or brokers
to secure a purchaser for any real property of the estate, and by that
contract, the personal representative may grant an exclusive right to
sell and shall provide for the payment to the agent, broker, or multiple
group of agents or brokers, out of the proceeds of a sale to any
purchaser secured pursuant to the contract, of a commission, the amount
of which must be fixed and allowed by the court upon confirmation of the
sale. If the sale is confirmed to the purchaser, the contract is binding
and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract, no personal liability is
incurred by the personal representative, and no liability of any kind is
incurred by the estate unless a sale is made and confirmed by the court.
3. The commission must not exceed:
(a) Ten percent for unimproved real property.
(b) Seven percent for improved real property.
[145:107:1941; 1931 NCL § 9882.145]—(NRS A 1975, 1290; 1989, 326;
1999, 2316 )
When an offer is presented for confirmation by the court, other
offerors may submit higher bids and the court may confirm the highest
bid. Upon confirmation, the real estate commission must be divided
between the listing agent and the agent, if any, who procured the
purchaser to whom the sale was confirmed, in accordance with the listing
agreement.
[146:107:1941; 1931 NCL § 9882.146]—(NRS A 1975, 1290; 1995, 2770;
1999, 2317 )
1. If real or personal property is sold that is subject to a
mortgage or other lien which is a valid claim against the estate, the
purchase money must be applied, after paying the necessary expenses of
the sale:
(a) First to the payment and satisfaction of the mortgage or other
lien; and
(b) The residue, if any, in due course of administration.
2. The application of the purchase money to the satisfaction of
the mortgage or other lien must be made without delay, and the property
is subject to the mortgage or other lien until the purchase money has
been so applied.
[147:107:1941; 1931 NCL § 9882.147]—(NRS A 1999, 2317 )
The purchase money,
or so much thereof as is sufficient to pay the mortgage or other lien,
with interest, and any lawful costs and charges thereon, may be paid to
the clerk if the mortgagee or other lienholder cannot be found, whereupon
the mortgage or other lien upon the property ceases, and the purchase
money must be paid over by the clerk without delay, in payment of the
expenses of sale, and in satisfaction of the obligation secured by the
mortgage or other lien, and the surplus, if any, at once returned to the
personal representative unless, for good cause shown, after notice to the
personal representative, the court otherwise directs.
[148:107:1941; 1931 NCL § 9882.148]—(NRS A 1999, 2317 )
At a sale of real or personal property
upon which there is a mortgage or lien, the holder thereof may become the
purchaser, and the receipt for the amount due to the holder from the
proceeds of the sale is a payment pro tanto.
[149:107:1941; 1931 NCL § 9882.149]—(NRS A 1999, 2317 )
1. A personal representative may sell the equity of the estate in
any property which is subject to a mortgage or lien and sell the property
subject to the mortgage or lien, upon such proceedings as are prescribed
in this chapter for the sale of like property.
2. If a claim has been filed upon the debt secured by the mortgage
or lien, no such sale may be confirmed unless the holder of the claim, by
a signed and acknowledged instrument filed in the matter of the estate,
releases the estate from all liability upon the claim.
[150:107:1941; 1931 NCL § 9882.150]—(NRS A 1999, 2318 )
PERSONAL PROPERTY
Perishable property and other personal property which will depreciate in
value if not disposed of promptly, or which will incur loss or expense by
being kept, and so much other personal property as may be necessary to
provide the family allowance pending the receipt of other sufficient
money, may be sold without notice, and title passes without confirmation,
but the personal representative is responsible for the actual value of
the property unless he obtains an order approving the sale before the
closing of the estate.
[151:107:1941; 1931 NCL § 9882.151]—(NRS A 1999, 2318 )
1. If the sale of securities is authorized by will or by consent
of the devisees or heirs to whom the securities are to be distributed,
the securities may be sold without notice, and title passes without
confirmation, if the securities are sold upon an established securities
exchange.
2. All other securities may be sold upon obtaining an order of the
court. Upon the filing of a petition requesting such an order, the clerk
shall set the matter for hearing and the petitioner shall give notice for
the period and in the manner required by NRS 155.010 , but the court may shorten the period or
dispense with notice.
[152:107:1941; 1931 NCL § 9882.152]—(NRS A 1999, 2318 )
1. Except as otherwise provided in subsection 3 and NRS 148.080
, 148.170 and 148.180
and in summary administration under chapter 145 of NRS, a personal representative may sell personal
property of the estate only after notice is published in a newspaper
published in the county where the proceedings are pending, if there is
such a newspaper, and if not, then in one having general circulation in
the county, for 2 weeks, consisting of three publications 1 week apart,
before the day of the sale or, in the case of a private sale, before the
day on or after which the sale is to be made. For good cause shown, the
court may decrease the number of publications to one and shorten the time
for publication to a period not less than 8 days. The notice shall
include a brief description of the property to be sold, a place where
bids or offers will be received, and a day on or after which the sale
will be made.
2. Public sales may be made at the courthouse door, at some other
public place, at the residence of the decedent or at a place designated
by the personal representative, but no sale may be made of any personal
property which is not available for inspection at the time of sale,
unless the court otherwise orders.
3. If the personal representative is the sole devisee or heir of
the estate, or if all devisees or heirs of the estate consent in writing,
the court may waive the requirement of publication.
[153:107:1941; 1931 NCL § 9882.153]—(NRS A 1975, 1774; 1999, 2318
; 2003, 2514 )
1. Except as otherwise provided in subsection 2, no sale of
personal property at private sale may be confirmed by the court unless
the court is satisfied that the sum offered represents the fair market
value of the property sold, nor unless the personal property has been
appraised within 1 year before the time of sale. If it has not been
appraised, a new appraisement must be had, as in the case of an original
appraisement of personal property. This may be done at any time before
the sale or confirmation thereof.
2. If the personal representative is the sole devisee or heir of
the estate, or if all devisees or heirs consent in writing to sale
without an appraisal, the requirement of an appraisal may be dispensed
with.
(Added to NRS by 2003, 2513 )
Personal property may be sold for cash
or upon credit.
[154:107:1941; 1931 NCL § 9882.154]—(NRS A 1997, 1490; 1999, 2319
)
Partnership interests or
interests belonging to an estate by virtue of any partnership formerly
existing, an interest in personal property pledged, and choses in action,
may be sold in the same manner as other personal property.
[155:107:1941; 1931 NCL § 9882.155]—(NRS A 1975, 1774)
REAL PROPERTY
1. Notice of the time and place of sale of real property must be
published in a newspaper published in the county in which the property,
or some portion of the property, is located, if there is one so
published, and if not, then in such paper as the court directs, for 2
weeks, being three publications, 1 week apart, before the day of sale or,
in the case of a private sale, before the day on or after which the sale
is to be made. For good cause shown, the court may decrease the number of
publications to one and shorten the time for publication to a period not
less than 8 days.
2. If the personal representative is the sole devisee or heir of
the estate, or if all devisees or heirs of the estate consent in writing,
the court may waive the requirement of publication.
3. If it appears from the inventory and appraisement that the
value of the property to be sold does not exceed $5,000, the personal
representative may waive the requirement of publication and, in lieu
thereof, post a notice of the time and place of sale in three of the most
public places in the county in which the property, or some portion of the
property, is located, for 2 weeks before the day of the sale or, in the
case of a private sale, before the day on or after which the sale is to
be made.
4. The property proposed to be sold must be described with common
certainty in the notice.
[156:107:1941; A 1943, 50; 1931 NCL § 9882.156]—(NRS A 1999, 2319
; 2001, 2348 )
1. A sale at public auction must be made in the county in which
the real property is located, and if it is located in two or more
counties, it may be sold in either. The sale must be made between the
hours of 9 a.m. and 5 p.m. on the day named in the notice of sale, unless
the sale is postponed.
2. If, at the time appointed for the sale, the personal
representative determines that the sale should be postponed, it may be
postponed from time to time, not to exceed 3 months. In case of a
postponement, notice must be given by a public declaration at the time
and place first appointed for the sale.
[157:107:1941; 1931 NCL § 9882.157]—(NRS A 1969, 275; 1999, 2319
)
1. The notice of a private sale must state a place where bids or
offers will be received, and a day on or after which the sale will be
made, which must be at least 2 weeks after the first publication or
posting of the notice, and the sale may not be made before that day, and
must be made within 1 year thereafter, but if it is shown that it will be
for the best interests of the estate, the court may, by an order,
decrease the number of publications and shorten the time of notice, which
may not, however, be less than 8 days, and may provide that the sale may
be made on or after a day less than 2 weeks, but not less than 8 days
after the first publication or posting of the notice, in which case the
notice of sale and the sale may be made to correspond with the order.
2. The bids or offers must be in writing, and may be left at the
place designated in the notice or delivered to the personal
representative personally at any time after the first publication or
posting of the notice and before the making of the sale.
[158:107:1941; 1931 NCL § 9882.158]—(NRS A 1999, 2320 )
1. Except as otherwise provided in subsection 2, no sale of real
property at private sale may be confirmed by the court unless the court
is satisfied that the sum offered represents the fair market value of the
property sold, nor unless the real property has been appraised within 1
year before the time of sale. If it has not been appraised, a new
appraisement must be had, as in the case of an original appraisement of
an estate. This may be done at any time before the sale or confirmation
thereof.
2. If the personal representative is the sole devisee or heir of
the estate, or if all devisees or heirs consent in writing to sale
without an appraisal, the requirement of an appraisal may be dispensed
with and the personal representative may rely on the assessed value of
the property for taxation in obtaining confirmation of the sale.
[160:107:1941; 1931 NCL § 9882.160]—(NRS A 1999, 2320 )
1. At the hearing, the court shall consider the necessity for the
sale, or the advantage, benefit and interest of the estate in having the
sale made, and must examine the return and the evidence in relation to
the sale.
2. If it appears to the court that good reason existed for the
sale, that the sale was legally made and fairly conducted, and complied
with the requirements of NRS 148.260 ,
that the sum bid is not disproportionate to the value, and it does not
appear that a sum exceeding the bid by at least 5 percent if the bid is
not more than $100,000, or by at least $5,000 if the bid is $100,000 or
more, may be obtained, the court shall enter an order confirming the sale
and directing conveyances to be executed. Otherwise, it shall vacate the
sale. If the court directs that the property be resold, notice must be
given and the sale in all respects conducted as if no previous sale had
taken place.
3. If a written offer of 5 percent or $5,000 more in amount than
that named in the return is made to the court by a responsible person, as
provided in subsection 2, and the bid complies with all provisions of the
law, the court may accept the offer and confirm the sale to that person,
order a new sale or conduct a public auction in open court.
4. If a higher bid is received at the time of a hearing to confirm
the sale, the court may continue the hearing if it finds that the
original bidder was not notified of the hearing and might desire to
increase his bid, but failure to notify the original bidder or to
continue the hearing is not grounds to void an order confirming a sale.
[161:107:1941; 1931 NCL § 9882.161]—(NRS A 1981, 554; 1999, 2320
)
1. If a sale is confirmed, a conveyance must be executed to the
purchaser by the personal representative. The conveyance must refer to
the order confirming sale, and a certified copy of the order must be
recorded in the office of the recorder of the county in which the
property, or any portion thereof, is located.
2. A conveyance so made conveys all the right, title, interest and
estate of the decedent in the property at the time of his death, and if
before the sale, by operation of law or otherwise, the estate has
acquired any right, title or interest in the property other than or in
addition to that of the decedent at the time of his death, that right,
title or interest also passes by the conveyance.
[162:107:1941; 1931 NCL § 9882.162]—(NRS A 1999, 2321 )
1. If a sale is made upon credit, the personal representative
shall take the note or notes of the purchaser for the unpaid portion of
the purchase money, with a mortgage on the property to secure their
payment.
2. The mortgage may contain a provision for release of parts of
the property if the court approves the provision.
[163:107:1941; 1931 NCL § 9882.163]—(NRS A 1981, 554; 1999, 2321
)
If, after the
confirmation, the purchaser neglects or refuses to comply with the terms
of the sale, the court, on motion of the personal representative, and
after notice to the purchaser, may vacate the order of confirmation and
order a resale of the property. If the amount realized on the resale does
not cover the bid and the expenses of the previous sale, the purchaser is
liable to the estate for the deficiency.
[164:107:1941; 1931 NCL § 9882.164]—(NRS A 1999, 2321 )
A personal representative
who fraudulently sells any real property of a decedent contrary to or
otherwise than under the provisions of this chapter is liable for double
the value of the property sold, as liquidated damages, to be recovered in
an action by the person having an estate of inheritance therein.
[165:107:1941; 1931 NCL § 9882.165]—(NRS A 1999, 2321 )
The periods of limitation
prescribed in NRS 11.270 apply to all
actions for the recovery of any property sold by a personal
representative in accordance with the provisions of this chapter, and to
all actions to set aside such a sale.
[166:107:1941; 1931 NCL § 9882.166]—(NRS A 1959, 859; 1999, 2322
)
CONTRACT TO PURCHASE REAL PROPERTY
If a decedent, at the time of death,
was a party to a contract for the purchase of property, the interest in
the property and under the contract may be sold by the personal
representative in the same manner as if the decedent had died seised of
the property, and the same proceedings may be had for that purpose as are
prescribed in this chapter for the sale of property of which he died
seised, except as otherwise provided in this chapter.
[167:107:1941; 1931 NCL § 9882.167]—(NRS A 1999, 2322 )
1. The sale must be made subject to all payments which are due at
the time of sale or which may thereafter become due on the contract, and
if there are any, the sale must not be confirmed by the court until the
purchaser executes a bond to the personal representative for the benefit
and indemnity of himself and of the persons entitled to the interest of
the decedent in the property so contracted for, in double the whole
amount of payments then due and thereafter to become due on the contract,
with such sureties as the court approves.
2. The bond must be conditioned that the purchaser will make all
payments for the property which are then due or which become due after
the date of the sale, and will fully indemnify the personal
representative and the persons so entitled against all demands, cost,
charges and expenses by reason of any covenant or agreement contained in
the contract.
3. A bond need not be given if no claim has been made against the
estate upon the contract and time for filing or presenting claims has
expired, nor if the holder of the claim, by a signed and acknowledged
instrument filed in the matter of the estate, releases the estate from
all liability upon the claim.
[168:107:1941; 1931 NCL § 9882.168]—(NRS A 1999, 2322 )
Upon the confirmation
of the sale, the personal representative shall execute to the purchaser
an assignment of the contract, which vests in the purchaser, and the
heirs and assigns of the purchaser, all the right, title and interest of
the estate, or of the persons entitled to the interest of the decedent,
in the property sold at the time of the sale, and the purchaser has the
same rights and remedies against the seller of the property as the
decedent would have had if living.
[169:107:1941; 1931 NCL § 9882.169]—(NRS A 1999, 2322 )
MINING PROPERTY
1. To enter into an agreement to sell or to give an option to
purchase a mining claim, or real property worked as a mine, belonging to
the estate of a decedent, the personal representative, or an interested
person, shall file a petition describing the property in question,
stating the terms and general conditions of the proposed agreement or
option, showing the advantage or advantages that may accrue to the estate
from entering into it, and requesting an order authorizing or directing
its execution.
2. The clerk shall set the petition for hearing, and the
petitioner shall give notice for the period and in the manner provided in
NRS 155.010 .
[170:107:1941; 1931 NCL § 9882.170]—(NRS A 1975, 1774; 1999, 2322
)
1. At the time appointed, the court, upon proof that due notice of
the hearing has been given, shall proceed to hear the petition and any
objection thereto that may have been filed or presented, and if, after a
hearing, the court is satisfied that it will be to the advantage of the
estate to enter into the proposed agreement, it shall enter an order
directing the personal representative to enter into the agreement of sale
or to give the option to purchase.
2. The order may prescribe the terms and conditions of the
agreement or option.
3. A certified copy of the order must be recorded in the office of
the county recorder of every county in which the property affected by the
agreement or option, or any portion thereof, is located.
[171:107:1941; 1931 NCL § 9882.171]—(NRS A 1999, 2323 )
1. The order must fix the amount of such additional bond as the
court determines should be given by the personal representative, who is
not entitled to receive any of the proceeds from the agreement or option
until the bond is given and approved.
2. When the order is entered, the personal representative shall
execute, acknowledge and deliver an agreement or option to purchase
containing the conditions specified in the order and setting forth
therein that it is made by authority of the order, and giving the date of
the order.
[172:107:1941; 1931 NCL § 9882.172]—(NRS A 1999, 2323 )
If the
purchaser or option holder neglects or refuses to comply with the terms
of the agreement or option, the court, on petition of the personal
representative, and after notice to the purchaser or option holder, shall
enter an order cancelling the agreement or option, but the cancellation
does not affect any liability previously created.
[173:107:1941; 1931 NCL § 9882.173]—(NRS A 1999, 2323 )
If the terms of an agreement to sell or option to purchase
have been complied with by the purchaser or option holder, and all
payments have been made according to the terms thereof, the personal
representative shall make a return to the court and petition for
confirmation. Notice must be given, a hearing had, an order made by the
court confirming or refusing to confirm the proceedings and conveyances
executed, in the same manner and with like effect as in the case of the
sale of real property.
[174:107:1941; 1931 NCL § 9882.174]—(NRS A 1999, 2323 )
CONVEYANCES
General Provisions
1. The personal representative or an interested person may
petition the court to enter an order:
(a) If the decedent died in possession of, or holding title to,
property and the property or an interest in it is claimed by another.
(b) If the decedent died having a claim to property and another
holds title to or is in possession of the property.
2. The petition must state the facts upon which it is based and
the name and address of each person entitled to notice of the petition.
3. Upon the filing of the petition, the clerk shall set it for
hearing and the petitioner shall give notice of the hearing, at least 30
days before the time set, to:
(a) All interested persons, in the manner provided in NRS 155.010
.
(b) Each person claiming an interest in, or having title to or
possession of the property, and any other person whose right, title or
interest in or to the property would be affected by the granting of the
petition, in the manner provided in NRS 155.040 .
(c) Any other person, in the manner directed by the court.
4. An interested person may request time for filing a response to
the petition, for discovery or for other preparation for the hearing, and
the court may grant a continuance for a reasonable time.
5. The court shall not grant a petition under this section if it
determines that the matter should be determined by a civil action.
6. A person having or claiming title to or an interest in the
property which is the subject of the petition may, at or before the
hearing, object to the hearing if the petition is filed in a court which
is not the proper court under other law for the trial of a civil action
seeking the same relief, and if the ground for the objection is
established, the court shall not grant the petition.
7. If a civil action is pending with respect to the subject matter
of the petition and jurisdiction was obtained in the court where that
action is pending before the petition was filed, upon request of a party
to the civil action, the court shall stay action on the petition until
the conclusion of the civil action, but the court need not stay action if
it determines that the civil action was filed for the purpose of delay.
8. Except as otherwise provided in subsection 5, 6 or 7, if the
court is satisfied that a conveyance, transfer, delivery or other
disposition should be made, the court shall enter an order directing the
personal representative or other person having title to or possession of
the property to convey, transfer or deliver it to the person entitled
thereto or granting other appropriate relief.
9. If an order is entered pursuant to subsection 8:
(a) The order is prima facie evidence of the correctness of the
proceedings and of the personal representative or other person to execute
the conveyance or transfer.
(b) The person entitled under the order has the right to possession
of the property, and the right to hold the property, according to the
terms of the order as if the property had been conveyed or transferred.
(c) The personal representative or other person to whom the order
is directed shall execute the conveyance or transfer according to the
terms of the order.
(d) A conveyance or transfer by the personal representative passes
title to the property as fully as if the decedent had executed it while
living.
(Added to NRS by 1999, 2324 )
Conveyance to Complete Contract
If a person who is bound
by contract in writing to convey or transfer property dies before making
the conveyance or transfer, and the decedent, if living, could have been
compelled to make the conveyance or transfer, the court in which
proceedings are pending for the administration of the estate of the
decedent may enter an order directing the personal representative to
convey or transfer the property to the persons entitled thereto.
(Added to NRS by 1999, 2314 )
1. The personal representative, or the person claiming to be
entitled to the conveyance or transfer, may file with the clerk a
petition setting forth the facts upon which the claim is predicated.
2. The clerk shall set the petition for hearing, and the
petitioner shall give notice for the period and in the manner required by
NRS 155.010 .
(Added to NRS by 1999, 2315 )
1. At the time appointed, the court, upon proof that due notice of
the hearing has been given, shall hear the petition and any objection
that has filed or is presented.
2. If the court is satisfied that the conveyance or transfer
should be made, it shall enter an order directing the personal
representative to execute the conveyance or transfer to the person
entitled thereto.
3. If the transaction relates to real property, a certified copy
of the order must be recorded with the deed in the office of the county
recorder of the county in which the real property is located.
(Added to NRS by 1999, 2315 )
1. The order is prima facie evidence of the correctness of the
proceedings and of the authority of the personal representative to make
the conveyance or transfer, and after its entry, the person entitled to
the conveyance or transfer has a right to the possession of the property
contracted for, and to hold the property according to the terms of the
intended conveyance or transfer, in like manner as if it had been
conveyed or transferred pursuant to the order.
2. The personal representative shall execute the conveyance or
transfer according to the directions of the order, and the court may
enforce its execution by process. The conveyance or transfer passes title
to the property contracted for as fully as if the contracting party had
executed it while living.
(Added to NRS by 1999, 2315 )
EXCHANGE OF PROPERTY
If it
appears advantageous to the estate to exchange any property of the estate
for other property, the court may authorize the exchange, upon petition
of the personal representative or of an interested person. The clerk
shall set the petition for hearing, and the petitioner shall give notice
of the hearing for the period and in the manner required by NRS 155.010
.
(Added to NRS by 1999, 2315 )
