USA Statutes : nevada
Title : Title 12 - WILLS AND ESTATES OF DECEASED PERSONS
Chapter : CHAPTER 151 - ADJUSTMENTS; DISTRIBUTION AND DISCHARGE
The
property of a testator, except as otherwise provided in this title, must
be resorted to for the payment of devises in the following order:
1. The property which is expressly appropriated by the will for
the specific devise.
2. Property not disposed of by the will.
3. Property which is devised to a residuary devisee.
(Added to NRS by 1999, 2340 )
AGREEMENTS
Subject to the rights of creditors and taxing authorities, distributees
may agree among themselves to alter the interests, shares or amounts to
which they are entitled under the terms of the will of the decedent, or
under the laws of intestacy, in any way that they provide in a written
agreement executed by all who are affected by its provisions. The
personal representative shall abide by the terms of the agreement subject
to his obligation to administer the estate for the benefit of creditors,
to pay all taxes and costs of administration, and to carry out the
responsibilities of the office for the benefit of any distributees of the
decedent who are not parties. Personal representatives of the estate of
decedents are not required to oversee the performance of trusts if the
trustee thereof is another person who is willing to accept the trust.
Accordingly, trustees of a testamentary trust are distributees for the
purposes of this section. This section does not relieve trustees of any
duties owed to beneficiaries of trusts.
(Added to NRS by 1997, 1491; A 1999, 2341 )
PARTIAL DISTRIBUTION
1. At any time after the lapse of 3 months from the issuing of
letters, the personal representative or any heir or devisee, or the
assignee, grantee or successor in interest of any heir or devisee, may
petition the court to distribute a share of the estate, or any portion
thereof, to any person entitled thereto, upon the person giving a bond,
with approved security, for the payment of the person’s proportion of the
debts of the estate.
2. The court may dispense with a bond if it is made to appear that
the bond is unnecessary.
[235:107:1941; A 1955, 161]—(NRS A 1999, 2341 )
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 .
[236:107:1941; A 1955, 161]—(NRS A 1999, 2342 )
The personal representative, if
not the petitioner, or an interested person, may object to the petition,
or an heir or devisee may submit a similar petition.
[237:107:1941; A 1955, 161]—(NRS A 1999, 2342 )
1. Subject to the provisions of subsection 3, if it appears at the
hearing that the estate has little debt and that the share or shares of
the party or parties petitioning may be allowed without injury to the
creditors of the estate, the court shall enter an order in conformity
with the request of the petitioner or petitioners.
2. The order may direct the personal representative to deliver to
the petitioner or petitioners the whole portion of the estate to which
each is entitled, or a part of the portion, if there is sufficient
property remaining in the estate to satisfy the debts or if there is
filed with the court an assumption of liability for a contingent or
disputed debt as provided in subsection 3. The court may impose any other
conditions it determines are just, including a requirement that a
distributee give a security interest in all or part of the property
distributed or give bond in an amount determined by the court. The bond
must be payable to the personal representative and conditioned for the
payment by the distributee, whenever required, of his proportion of the
debts of the estate.
3. As a condition of an order under subsection 2, if directed by
the court, each heir or devisee shall file with the court a signed and
acknowledged agreement assuming personal liability for the contingent or
disputed debt and consenting to jurisdiction in this State for the
enforcement of the debt if it becomes absolute or established. The
personal liability of each heir or devisee does not exceed the fair
market value on the date of distribution of the property distributed less
the amount of any liens or encumbrances. If there is more than one heir
or devisee, their personal liability is joint and several.
[238:107:1941; 1931 NCL § 9882.238] + [239:107:1941; 1931 NCL §
9882.239]—(NRS A 1999, 2342 )
1. If a bond or other security has been executed and delivered as
prescribed in NRS 151.040 , and the
personal representative ascertains that it is necessary for the
settlement of the estate to require the payment of any part of the money
thereby secured, he shall petition the court for an order requiring the
payment and cause a citation to be issued and served upon the parties
bound, requiring them, at a time and place, not more than 10 days after
the date of the citation, to be stated therein, to appear and show cause
why the order should not be made.
2. The court, if satisfied of the necessity for the payment to be
made, shall enter an order designating the amount and giving a time in
which it shall be paid.
3. If the money is not paid within the time allowed, an action may
be maintained by the personal representative on the bond or other
security.
4. Similar proceedings may be initiated against an heir or devisee
if no bond or other security is given.
[242:107:1941; 1931 NCL § 9882.242]—(NRS A 1999, 2343 )
If, in
the execution of the order, partition is necessary between two or more of
the parties, it must be made in the manner prescribed in chapter 152
of NRS.
[240:107:1941; 1931 NCL § 9882.240]—(NRS A 1999, 2343 )
The costs of proceedings for a partial
distribution must be paid by the heir or devisee or, if there are more
than one, must be prorated among them.
[241:107:1941; 1931 NCL § 9882.241]—(NRS A 1999, 2343 )
FINAL DISTRIBUTION
1. If a personal representative files his final account with a
petition requesting the allowance and confirmation thereof, he may also
include in the petition a request for the distribution of the estate.
Upon the settlement and allowance of the final account, the court may
also order a distribution of the residue of the estate, if any, among the
persons who are by law entitled thereto.
2. If a final account is settled and allowed without an order of
distribution, the personal representative, or an heir or devisee, or an
assignee or grantee of an heir or devisee, at any time thereafter, may
petition the court for an order distributing the estate.
[Part 243:107:1941; 1931 NCL § 9882.243]—(NRS A 1999, 2343 )
1. When a petition for final distribution is filed, 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 .
2. The court may order such further notice as it deems proper.
[Part 243:107:1941; 1931 NCL § 9882.243]—(NRS A 1975, 1778; 1985,
2037; 1997, 1492; 1999, 2343 )
1. Except as otherwise provided in subsection 2 or in the will, a
personal representative may distribute property and money:
(a) In divided or undivided interests; and
(b) With or without proration.
2. Each affected beneficiary must agree before any property or
money is distributed without proration, unless the will authorizes a
personal representative to distribute property and money without
proration.
(Added to NRS by 1999, 2340 )
1. After the accounts of a personal representative have been
settled and an order for the distribution of the estate entered by the
court, the personal representative shall, without any unnecessary delay,
distribute the estate remaining undistributed as directed by the order.
2. In the order, the court shall name the persons and the
proportion or parts to which each is entitled, and that person has the
right to demand and recover a respective share from the personal
representative or any other person having possession of it.
3. The personal representative shall, within 10 days after the
entry of an order of distribution conveying any real property, record a
certified copy of the order with the county recorder of the county in
which the order was entered and of any other county in which the real
property, or any portion of it, is located.
[233:107:1941; 1931 NCL § 9882.233] + [Part 244:107:1941; A 1947,
38; 1943 NCL § 9882.244]—(NRS A 1963, 17; 1999, 2344 )
ADVANCEMENTS, SATISFACTION OF TESTAMENTARY GIFTS, ADEMPTIONS AND ABATEMENT
No
gift or grant shall be deemed to have been made as an advancement unless:
1. So expressed in the gift or grant;
2. Charged in writing by the decedent as an advancement; or
3. Acknowledged in writing by the donee to be such.
[303:107:1941; 1931 NCL § 9882.303]—(NRS A 1999, 2344 )
1. Any property given by a decedent during the lifetime of the
decedent as an advancement to a donee must be considered as part of the
estate for the sole purpose of computing the respective shares of the
distributees and must be taken by the donee toward his share of the
estate of the decedent.
2. If the amount of the advancement exceeds the share of the heir
or devisee so advanced, the heir or devisee is excluded from any further
portion in the distribution and division of the estate, but he is not
required to refund any part of the advancement. If the amount so received
is less than his share, he is entitled to as much more as will give him
his full share of the estate of the decedent.
[301:107:1941; 1931 NCL § 9882.301] + [302:107:1941; 1931 NCL §
9882.302]—(NRS A 1999, 2344 )
If the value of the
advancement is expressed in the conveyance, or in the charge thereof made
by the decedent, or in the acknowledgment of the person receiving it,
that value must be used in the distribution and division of the estate.
Otherwise, the value must be estimated according to its value when given,
as nearly as can be ascertained.
[304:107:1941; 1931 NCL § 9882.304]—(NRS A 1999, 2344 )
If a child or other
lineal descendant so advanced dies before the person making the
advancement, leaving issue, the advancement must be taken into
consideration in the distribution and division of the estate as if the
advancement had been made directly to the issue.
[305:107:1941; 1931 NCL § 9882.305]—(NRS A 1999, 2345 )
All
questions as to advancements made, or alleged to have been made, by a
decedent to heirs or devisees may be heard and determined by the court,
and must be specified in the order distributing the estate, and in the
warrant to the commissioners provided for in NRS 152.050 , and the final order of the court is binding
on all interested persons, subject to the right of any party to appeal
from a final order.
[267:107:1941; 1931 NCL § 9882.267]—(NRS A 1999, 2345 )
No gift or grant by the decedent shall be deemed to
have been made as satisfaction of a testamentary gift unless:
1. So expressed in the instrument providing for the gift or grant;
2. Charged in a writing by the decedent as partial or complete
satisfaction of a testamentary gift; or
3. Acknowledged in writing by the donee to be such.
(Added to NRS by 2003, 2514 )
If the value of the gift is expressed in the instrument providing for
the gift or grant, or in a writing of the decedent, or in an
acknowledgment of the donee, that value must be used in the distribution
and division of the estate. Otherwise, the gift or grant must be valued
as of the time the donee came into possession or enjoyment of the
property or as of the time of death of the decedent, whichever occurs
first.
(Added to NRS by 2003, 2514 )
Unless a different intention is
expressed in the will, abatement takes place in any class only as between
devises of that class, and devises to a spouse or to kindred are
chargeable only after devises to persons not related to the testator.
(Added to NRS by 1999, 2341 )
If property given by will to
persons other than the residuary devisees is sold for the payment of
debts or expenses or family allowances, all the devisees shall contribute
in proportion to their respective interests to the devisee whose devise
has been sold, and the court, when distribution is made, shall settle the
amount of the several liabilities and order the amount each person is
liable to contribute to be withheld from that person’s distributive share
for the purpose of the contribution.
(Added to NRS by 1999, 2341 )
DISCHARGE
If
property is assigned or distributed to a person who cannot be found or
who refuses to accept the property or to give a proper voucher therefor,
or to a minor or incapacitated person who has no legal guardian to
receive the property, or person authorized to receipt therefor, and the
property or any part thereof consists of money, the personal
representative may deposit the money, in the name of the assignee or
distributee, with the county treasurer of the county in which the
proceedings are pending. The county treasurer shall give a receipt for
the money and is liable upon the official bond of the county treasurer
therefor. The receipt must be received by the court as a voucher in favor
of the personal representative with the same force and effect as if
executed by the assignee or distributee.
[268:107:1941; 1931 NCL § 9882.268]—(NRS A 1999, 2345 )
If an assignee or distributee is a nonresident
minor or incapacitated person who has a guardian of his estate legally
appointed under the laws of a foreign jurisdiction, the distribution of
the assignee’s or distributee’s share may be made to the legally
appointed guardian, whose receipt therefor, together with a certificate
of appointment issued under the seal of the court by the clerk of the
court appointing the guardian, when filed with the clerk of the court in
which the assignment or distribution was ordered, must be received by the
court as a complete receipt and voucher in favor of the personal
representative.
[269:107:1941; 1931 NCL § 9882.269]—(NRS A 1999, 2345 )
1. If personal property remains in the possession of a personal
representative unclaimed for 1 year, or if the distributee refuses to
accept or give a proper receipt for the property, or is a minor or
incapacitated person and has no legally qualified guardian of his estate,
and it appears to the court that it is for the benefit of those
interested, or if the personal representative desires his discharge and
it appears to the court that no injury will result to those interested,
the court shall order the property to be sold.
2. The proceeds, after deducting such expenses of sale as may be
allowed by the court, must be paid into the State Treasury. The depositor
must take from the Treasurer a receipt, which must be filed with the
court.
[270:107:1941; 1931 NCL § 9882.270]—(NRS A 1999, 2345 )
If any person appears and claims the money paid into the State
Treasury, the court making the distribution shall inquire into the claim,
and, if satisfied of his right thereto, shall enter an order to that
effect to present to the State Treasurer.
[272:107:1941; 1931 NCL § 9882.272]—(NRS A 1999, 2346 )
If a specific devise of personal property is for life only, the life
tenant must sign and deliver to the remainderman or, if there is none, to
the personal representative, an inventory of the property, acknowledging
that it is in the life tenant’s custody for life only, and that, on
death, it is to be delivered to the remainderman.
[273:107:1941; 1931 NCL § 9882.273]—(NRS A 1999, 2346 )
1. If an estate has been fully administered, and it is shown by
the personal representative, by the production of satisfactory receipts,
that all sums of money due and all the property of the estate has been
distributed to the persons entitled to it and all acts lawfully required
have been performed, the court shall enter an order discharging sureties
from all liability thereafter to be incurred.
2. The court may excuse the filing of a receipt on a proper
showing that the personal representative is unable, after reasonable
effort, to obtain a receipt and that the property has been delivered to
or is in the possession of the distributee or creditor.
3. The provisions of this section do not bar a successful
appellant from an order for the distribution of an estate from the
recovery of any property distributed to an heir or devisee pursuant to
the order.
[274:107:1941; 1931 NCL § 9882.274]—(NRS A 1981, 463; 1999, 2346
)
REOPENING
1. Except as otherwise provided in subsection 2, the final
settlement of an estate does not prevent:
(a) The reopening of the estate for the purpose of administering
other property which has been discovered or for correcting errors made in
the description of the property administered.
(b) The subsequent issuance of letters if it becomes necessary or
proper for any cause that letters should again be issued.
2. In the absence of fraud, an estate must not be reopened based
upon the discovery of:
(a) A will, if the estate was administered as if the decedent had
died intestate; or
(b) A will dated later than the will that was probated.
[275:107:1941; 1931 NCL § 9882.275]—(NRS A 1983, 196; 1991, 132;
1999, 2346 )
An heir, devisee,
creditor or other interested person may petition for the reopening of an
estate upon the grounds provided in NRS 151.240 . The petition must set forth the names of all
heirs, devisees and creditors and their addresses, if known. If the
address is unknown to the petitioner, he shall state that fact in the
petition. 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 1983, 196; A 1999, 2347 )
Upon hearing the petition, if
good cause is shown, the court may:
1. Reopen the estate.
2. Order the administration of other property which has been
discovered.
3. Enter any necessary orders to correct errors made in the
description of the estate previously administered.
Ê In the absence of fraud, no proceedings may be taken by the court after
the reopening of an estate except as necessary to administer other
property which has been discovered or to correct errors made in the
description of the estate previously administered. Any orders of the
court made necessary by the reopening of the estate must be designated as
supplemental orders.
(Added to NRS by 1983, 196; A 1999, 2347 )
