USA Statutes : nevada
Title : Title 12 - WILLS AND ESTATES OF DECEASED PERSONS
Chapter : CHAPTER 155 - NOTICES, ORDERS, PROCEDURE AND APPEALS
1. Except as otherwise provided in a specific statute relating to
the kind of notice required or otherwise ordered by the court in a
particular instance, a petitioner shall cause notice of the time and
place of the hearing of a petition to be given to each interested person
and to every other person entitled to notice pursuant to this title or
his attorney if he has appeared by attorney or requested that notice be
sent to his attorney. Notice must be given:
(a) By mailing a copy thereof at least 10 days before the time set
for the hearing by certified, registered or ordinary first-class mail
addressed to the person being notified at the post office address given
in his demand for notice, if any, or at his office or place of residence,
if known, or by personally delivering a copy thereof to the person being
notified at least 10 days before the time set for the hearing; or
(b) If the address or identity of the person is not known and
cannot be ascertained with reasonable diligence, by publishing at least
once a week for 3 consecutive weeks a copy thereof in a newspaper having
general circulation in the county where the hearing is to be held, the
last publication of which must be at least 10 days before the date set
for the hearing.
2. The court, for good cause shown, may provide for a different
method or time of giving notice for any hearing, or may dispense with the
notice otherwise required to be given to a person under this title.
3. Proof of the giving of notice must be made on or before the
hearing and filed in the proceeding.
4. A person entitled to notice may, in writing, waive notice of
the hearing of a petition.
[283:107:1941; 1931 NCL § 9882.283]—(NRS A 1961, 407; 1967, 352;
1969, 95; 1975, 1778; 1977, 273; 1997, 1492; 1999, 2359 )
1. Notice of a petition for the probate of a will and the issuance
of letters and the notice to creditors must be given to:
(a) The persons respectively entitled thereto, including the
Director of the Department of Health and Human Services, as provided in
NRS 155.010 ; and
(b) The public, including creditors whose names and addresses are
not readily ascertainable, by publication on three dates of publication
before the hearing, and if the newspaper is published more than once each
week, there must be at least 10 days from the first to last dates of
publication, including both the first and last days.
2. Every publication required by this section must be made in a
newspaper published in the county where the proceedings are pending, but
if there is not such a newspaper, then in one having general circulation
in that county.
3. The notice of the hearing upon the petition to administer the
estate must be in substantially the following form:
NOTICE OF THE HEARING UPON THE PETITION TO
ADMINISTER THE ESTATE
Notice is hereby given that ................................ has
filed in this court a petition for the probate of a will and for letters
testamentary, or for letters of administration, of the estate of
................................, deceased, and a hearing has been set
for the .......... day of the month of................, of the
year......, at .......... (a.m. or p.m.) at the courthouse of the
above-entitled court. All persons interested in the estate are notified
to appear and show cause why the petition should not be granted.
Dated .............................................
4. As soon as practicable after appointment, a personal
representative shall, in addition to publishing the notice to creditors,
mail a copy of the notice to those creditors whose names and addresses
are readily ascertainable as of the date of first publication of the
notice and who have not already filed a claim. The notice must be in
substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and
qualified by the (giving the title of the court and the date of
appointment) as personal representative of the estate of
................................, deceased. All creditors having claims
against the estate are required to file the claims with the clerk of the
court within .......... (60 or 90) days after the mailing or the first
publication (as the case may be) of this notice.
Dated .............................................
5. If before the last day for the filing of a creditor’s claim
under NRS 147.040 , the personal
representative discovers the existence of a creditor who was not readily
ascertainable at the time of first publication of the notice to
creditors, the personal representative shall immediately mail a copy of
the notice to the creditor.
[284:107:1941; 1931 NCL § 9882.284]—(NRS A 1961, 408; 1975, 1779;
1985, 2037; 1987, 782; 1995, 2577; 1997, 1493; 1999, 2359 ; 2001, 164 ; 2003, 885 )
1. At any time after the issuance of letters in the estate of a
decedent, an interested person or his attorney may serve upon the
personal representative or his attorney, and file with the clerk of the
court wherein administration of the estate is pending, a written request
stating that he desires special notice and a copy of any further filings,
steps or proceedings in the administration of the estate.
2. The request must state the post office address of the requester
or his attorney, and thereafter a brief notice of the filing of any
returns, petitions, accounts, reports or other proceedings, together with
a copy of the filing, must be addressed to that person or his attorney,
at his stated mailing address, and deposited with the United States
Postal Service with the postage thereon prepaid, within 2 days after each
is filed, or personal service of the notice may be made on the person or
his attorney within the 2 days, and the personal service is equivalent to
deposit in the post office, and proof of mailing or of personal service
must be filed with the clerk before the hearing of the proceeding.
3. If, upon the hearing, it appears to the satisfaction of the
court that the notice has been regularly given, the court shall so find
in its order and the order is final and conclusive upon all persons.
4. An interested person in a testamentary trust or its property,
or the attorney for that person, may serve upon the trustee or his
attorney, and file with the clerk of the court wherein administration of
the trust is pending, a written request stating that he desires notice of
the filing of accounts and petitions in connection with the trust. The
provisions of subsections 2 and 3 apply to such a request.
5. On the filing of an inventory or a inventory or a supplementary
inventory, the personal representative shall mail a copy to each person
who has requested special notice.
[Part 119:107:1941; A 1951, 464]—(NRS A 1975, 1780; 1987, 702;
1999, 2360 )
If personal notice is
required by this title to be given to any person in the matter of an
estate or testamentary trust, and no other mode of giving notice is
prescribed, it must be given by citation, issued by the clerk and
directed to the person to be served, and must command the person to
appear before the court at a time and place to be named in the citation.
The nature or character of the proceedings must be briefly stated in the
citation, and a copy of the petition, if any, must be attached.
[285:107:1941; 1931 NCL § 9882.285]—(NRS A 1999, 2361 )
The citation described in NRS
155.040 is to be served in the same
manner as the personal service of summons. If personal service cannot be
made upon the person to be served, the citation may be served by leaving
a copy with his attorney of record or in such other manner as the court
may direct.
[286:107:1941; 1931 NCL § 9882.286]
If no other time is
specially prescribed, a citation must be served at least 10 days before
the day of the hearing, but the court may, for good cause shown, shorten
the time to no less than 1 full judicial day before the day of the
hearing.
[288:107:1941; 1931 NCL § 9882.288]—(NRS A 1999, 2361 )
If publication is required, the publication must be made daily, or
otherwise, as often during the prescribed period as the newspaper is
regularly issued, unless otherwise provided in this title. The court,
however, may prescribe less publications during the period for
publication, and the court may, for good cause shown, extend or shorten
any of the times prescribed in this title.
[Part 282:107:1941; 1931 NCL § 9882.282]—(NRS A 1999, 2361 )
All proofs of publication or other mode or modes of giving notice or
serving papers may be made by the certificate or affidavit of any person
competent to be a witness. The certificate or affidavit must be filed,
and constitutes prima facie evidence of publication or service. Proof of
service may also be made in any manner permitted by the Nevada Rules of
Civil Procedure.
[287:107:1941; 1931 NCL § 9882.287]—(NRS A 1979, 450; 1999, 2362
)
All notices required to be given by this title may be given
by the clerk of the court without an order from the court, and, when so
given, for the time and in the manner required by law, they are as legal
and valid as though made upon an order from the court. If use of a
citation is authorized or required by statute, the citation may be issued
by the clerk of the court on the request of a party or his attorney,
without a court order, unless an order is expressly required by the
statute.
[322:107:1941; 1931 NCL § 9882.322]—(NRS A 1999, 2362 )
ORDERS
The clerk shall enter a
minute of all proceedings in matters of estates, as in other actions.
[Part 282:107:1941; 1931 NCL § 9882.282]
1. A transcript from the minutes of court, or a copy of the signed
order of the court, showing the appointment of any person as personal
representative, together with the certificate of the clerk that the
person has given bond, if required, and has been qualified, and that
letters have been issued to him, and have not been revoked, has the same
effect in evidence as the letters themselves.
2. A copy of the letters, with like certificate, has the same
effect.
[95:107:1941; 1931 NCL § 9882.95]—(NRS A 1999, 2362 )
If an
order is entered setting apart a homestead, a certified copy of the order
shall be recorded in the office of the county recorder of the county
where the property is located.
[292:107:1941; 1931 NCL § 9882.292]—(NRS A 1999, 2362 )
In accordance with the provisions of
NRS 33.010 and the Nevada Rules of
Civil Procedure, and upon such terms and conditions as the court deems
just and appropriate, the court may issue a temporary restraining order
or an injunction to preserve and protect assets of the estate or trust.
(Added to NRS by 1999, 2358 )
1. If through inadvertence or mistake an order entered fails to
state correctly the order made by the court, and the inadvertence or
mistake is brought to the attention of the court by petition or the court
acts on its own motion, the court may enter an order nunc pro tunc
correcting the previous order.
2. The order nunc pro tunc must be in the form of an amended order
and bear the caption “Amended Order of .....” The body of the amended
order must be identical to the order being corrected, except for the
correction, and conclude with language substantially as follows: “This is
an order nunc pro tunc correcting the previous order of ...., dated .....”
3. If the order to be amended is many pages in length, the court
may cause to be filed a document captioned “Amendment to Order of ....”
which addresses only the correction, together with sufficient language to
identify the correction, and concludes with the same language as an
amended order. Such an amendment to an order must be accompanied by a
verified petition, or an affidavit of counsel, specifying the reasons for
the correction.
4. The original order may not be physically changed, but must be
used in conjunction with the order nunc pro tunc correcting it. In making
corrections in the amendment document, a complete clause or sentence must
be stricken and replaced, even if the only change is to correct a single
word or figure.
(Added to NRS by 1999, 2358 ; A 2001, 164 )
PROCEDURE
All proceedings in matters of estate shall be proceedings of
record as other actions and proceedings.
[Part 307:107:1941; 1931 NCL § 9882.307]
1. In a proceeding involving the estate of a decedent or a
testamentary trust:
(a) Interests to be affected must be described in pleadings that
give reasonable information to owners by name or class, by reference to
the instrument creating the interest or in another appropriate manner.
(b) An order binding the sole holder or all co-holders of a power
of revocation or presently exercisable general power of appointment,
including a power of amendment, binds other persons to the extent their
interests, as objects, takers in default or otherwise, are subject to the
power.
(c) To the extent there is no conflict of interest between them or
among persons represented:
(1) An order binding a guardian of the estate binds the
person whose estate he controls.
(2) An order binding a guardian of the person binds the ward
if no separate guardian of his estate has been appointed.
(3) An order binding a trustee binds beneficiaries of the
trust in a proceeding to probate a will establishing or adding to the
trust, to review the acts or accounts of a previous fiduciary, or
involving creditors or other third parties.
(4) An order binding a personal representative binds persons
interested in the undistributed assets of the estate of a decedent in an
action or proceeding by or against the estate.
(d) If there is no conflict of interest and no guardian of the
estate has been appointed, a parent may represent his minor child.
(e) An unborn or unascertained person who is not otherwise
represented is bound by an order to the extent his interest is adequately
represented by another person having a substantially identical interest
in the proceeding.
(f) Notice as prescribed by this title must be given to every
interested person or to one who can bind an interested person under
subsection (b), (c) or (d). Notice may be given both to a person and to
another who can bind him.
(g) Notice is given to unborn or unascertained persons who are not
represented under subsection (b), (c) or (d) by giving notice to all
known persons whose interest in the proceeding is substantially identical
to that of the unborn or unascertained persons.
(h) At any stage of a proceeding, the court may appoint a guardian
ad litem or an attorney to represent the interest of a minor, an
incapacitated, unborn or unascertained person, or a person whose identity
or address is unknown, if the court determines that representation of the
interest would otherwise be inadequate. If not precluded by conflict of
interest, a guardian ad litem or an attorney may be appointed to
represent several persons or interests. The court shall set out its
reasons for appointing a guardian ad litem or an attorney as a part of
the record of the proceeding.
2. If an attorney has been appointed for minors or other
interested persons, the attorney, until another may be appointed, shall
represent the person or persons for whom he has been appointed in all
subsequent proceedings.
[Part 291:107:1941; 1931 NCL § 9882.291]—(NRS A 1999, 2362 )
1. All issues of fact in matters of an estate must be disposed of
in the same manner as is by law provided upon the trial of issues of fact
in a common-law action, but all matters must be tried by the court except
as otherwise provided in NRS 137.020 .
2. All questions of cost may be determined by the court, and
execution may issue therefor in accordance with the order of the court.
[290:107:1941; 1931 NCL § 9882.290]—(NRS A 1999, 2363 )
1. An interested person may appear and make a response or
objection in writing at or before the hearing.
2. An interested person may appear and make a response or
objection orally at the hearing. The court may hear and determine the
response or objection at the hearing or grant a continuance to allow the
response or objection to be made in writing.
3. If the court is not in session at the time set for the hearing
of any matter concerning the settlement of the estate of a decedent,
anyone opposing the petition therein made may file objections thereto
with the clerk.
[323:107:1941; 1931 NCL § 9882.323]—(NRS A 1999, 2363 )
The testimony of a
witness or witnesses in other counties of this State, or in other
jurisdictions of the United States, or in foreign countries, may be taken
by deposition as provided in the Nevada Rules of Civil Procedure.
[289:107:1941; 1931 NCL § 9882.289]—(NRS A 1999, 2364 )
Except as otherwise specially provided in this
title, all the provisions of law and the Nevada Rules of Civil Procedure
regulating proceedings in civil cases apply in matters of probate, when
appropriate, or may be applied as auxiliary to the provisions of this
title. The Nevada Rules of Appellate Procedure regulating appeals in
civil cases apply to appeals taken pursuant to NRS 155.190 .
[319:107:1941; 1931 NCL § 9882.319]—(NRS A 1999, 2364 )
If a petition, notice, objection, consent, waiver
or other paper may be filed, a true and correct facsimile of it may be
filed, if the original is filed within a reasonable time.
(Added to NRS by 1999, 2358 )
APPEALS
In addition to any order from
which an appeal is expressly permitted by this title, an appeal may be
taken to the Supreme Court within 30 days after the notice of entry of an
order:
1. Granting or revoking letters testamentary or letters of
administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed $50,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt
from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming
the sale of property.
7. Settling an account of a personal representative or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing a personal representative.
10. Directing or allowing the payment of a debt, claim, devise or
attorney’s fee.
11. Determining heirship or the persons to whom distribution must
be made or trust property must pass.
12. Distributing property.
13. Refusing to make any order mentioned in this section or any
decision wherein the amount in controversy equals or exceeds, exclusive
of costs, $5,000.
14. Granting or denying a motion to enforce the liability of a
surety filed pursuant to NRS 142.035 .
15. Granting an order for conveyance or transfer pursuant to NRS
148.410 .
[293:107:1941; 1931 NCL § 9882.293]—(NRS A 1981, 463; 1983, 670;
1995, 19; 1997, 1494; 1999, 2364 ; 2001, 2349 )
Unless otherwise ordered
by the court, an appeal pursuant to NRS 155.190 does not stay any order or proceeding in the
estate or trust. The court may grant a stay, pending the appeal, of an
order from which the appeal was taken, upon such bond, undertaking or
conditions as it deems just or appropriate.
(Added to NRS by 1999, 2358 )
An appeal by a personal representative who has given an
official bond as provided in this title is complete and effectual without
an undertaking on appeal.
[295:107:1941; 1931 NCL § 9882.295]—(NRS A 1999, 2365 )
1. Upon an appeal, the Supreme Court may reverse, affirm or modify
the order appealed from, and as to any or all of the parties, and order a
remittitur as in other cases, and may order costs to be paid by any party
to the proceeding, or out of the estate, as justice may require.
2. Execution for costs may issue out of the district court.
[294a:107:1941; 1931 NCL § 9882.294a]—(NRS A 1999, 2365 )
If an order appointing a personal representative is reversed on appeal,
all lawful acts in administration of the estate performed by him are as
valid as if the order had been affirmed.
[Part 296:107:1941; 1931 NCL § 9882.296]—(NRS A 1999, 2365 )
