USA Statutes : nevada
Title : Title 20 - COUNTIES AND TOWNSHIPS: FORMATION, GOVERNMENT AND OFFICERS
Chapter : CHAPTER 253 - PUBLIC ADMINISTRATORS AND GUARDIANS
1. Except as otherwise provided in subsection 4, public
administrators must be elected by the qualified electors of their
respective counties.
2. Public administrators must be chosen by the electors of their
respective counties at the general election in 1922 and at the general
election every 4 years thereafter, and shall enter upon the duties of
their office on the first Monday of January after their election.
3. The public administrator of a county must:
(a) Be a qualified elector of the county;
(b) Be at least 21 years of age on the date he will take office;
(c) Not have been convicted of a felony for which his civil rights
have not been restored by a court of competent jurisdiction; and
(d) Not have been found liable in a civil action involving a
finding of fraud, misrepresentation, material omission, misappropriation,
theft or conversion.
4. The district attorneys of Lander, Lincoln and White Pine
Counties are ex officio public administrators of Lander County, Lincoln
County and White Pine County, respectively. The Clerk of Carson City
shall serve as Public Administrator of Carson City.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL §
4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL §
4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781] + [Part 2:88:1883; BH
§ 2222; C § 2373; RL § 1616; NCL § 2093]—(NRS A 1969, 1466; 1971, 496;
1987, 56; 2003, 2650 )
1. Every person elected to fill the office of public administrator
must qualify as required in this section on or before the first Monday of
January next after his election.
2. Every public administrator shall:
(a) Take the constitutional official oath, which is for the
faithful performance of the duties of his office, and which must be taken
and subscribed upon both the certificate of election or appointment and
the official bond. The oath upon the bond must be recorded with the bond.
(b) Give an official bond in an amount not less than $10,000, as
required and fixed by the board of county commissioners of his county by
an order entered in the minutes of the board, unless a blanket fidelity
bond is furnished by the county. The bond must be conditioned, secured,
approved and recorded as the bonds of other county officers are, or may
be required by law to be, and must be so conditioned as to hold the
principal and sureties liable for any breach thereof made by the public
administrator while acting or illegally refusing to act in his official
capacity.
3. The official bond and oath of office of a public administrator
are in lieu of the bonds and oaths required of private administrators.
The court may require the public administrator to execute a separate bond
for any estate in the manner prescribed in NRS 142.020 .
4. The board of county commissioners may, upon reasonable cause
therefor shown, require a new bond or an additional bond at any time, to
be given upon 10 days’ notice in writing. If the new or additional bond
is not given, the board shall declare the office vacant.
[Part 2:88:1883; BH § 2222; C § 2373; RL § 1616; NCL § 2093]—(NRS A
1979, 289; 1989, 1039)
1. A public administrator may appoint as many deputies as he deems
necessary to perform fully the duties of his office. A deputy so
appointed may perform all duties required of the public administrator and
has the corresponding powers and responsibilities. Before entering upon
the discharge of his duties each deputy must take and subscribe to the
constitutional oath of office. The appointment of a deputy must not be
construed to confer upon that deputy policymaking authority for the
office of the county public administrator or the county by which the
deputy is employed.
2. Each appointment must be in writing and recorded with the oath
of office of that deputy in the office of the county recorder. Any
revocation or resignation of an appointment must be recorded in the
office of the county recorder.
3. The public administrator is responsible on his official bond
for any official malfeasance or nonfeasance of his deputies and may
require a bond for the faithful performance of the official duties of his
deputies.
(Added to NRS by 1983, 1596; A 2001, 1746 ; 2005, 682 )
1. The board of county commissioners shall fill a vacancy in the
office of public administrator by appointment of a person pursuant to NRS
245.170 .
2. Any person appointed to the office of public administrator
shall, within 10 days, qualify in the same manner as if elected thereto.
[Part 2:88:1883; BH § 2222; C § 2373; RL § 1616; NCL § 2093] +
[Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL § 4813]—(NRS A 1997,
1292)
1. Public administrators may administer on the estates of any
deceased persons in any cases where by law they are entitled to
administer by virtue of their office. Except as otherwise provided in NRS
253.0403 and 253.0425 , public administrators are required to make
formal application for letters of administration.
2. In counties whose population is 100,000 or more, the public
administrator shall execute a bond to the State of Nevada in the amount
of $100,000, conditioned that the public administrator will faithfully
execute the duties of the trust according to law.
3. In counties whose population is less than 100,000, the official
bond given pursuant to NRS 253.020 may
secure the faithful execution of the public administrator’s duties for
all estates for which he has been issued letters of administration, and
all estates administered pursuant to NRS 253.0403 , if the aggregate value of all the estates
does not exceed the amount of his bond.
[13:88:1883; A 1921, 9; NCL § 2103]—(NRS A 1971, 829; 1983, 678;
1989, 1039; 1991, 196; 1999, 916 )
1. When the gross value of a decedent’s property situated in this
State does not exceed $20,000, a public administrator may, without
procuring letters of administration, administer the estate of that person
upon filing with the court an affidavit of his right to do so.
2. The affidavit must provide:
(a) The public administrator’s name and address, and his
attestation that he is entitled by law to administer the estate;
(b) The decedent’s place of residence at the time of his death;
(c) That the gross value of the decedent’s property in this State
does not exceed $20,000;
(d) That at least 40 days have elapsed since the death of the
decedent;
(e) That no application or petition for the appointment of a
personal representative is pending or has been granted in this State;
(f) A description of the personal property of the decedent;
(g) Whether there are any heirs or next of kin known to the
affiant, and if known, the name and address of each such person;
(h) If heirs or next of kin are known to the affiant, a description
of the method of service he used to provide to each of them notice of the
affidavit and that at least 10 days have elapsed since the notice was
provided;
(i) That all debts of the decedent, including funeral and burial
expenses, have been paid or provided for; and
(j) The name of each person to whom the affiant intends to
distribute the decedent’s property.
3. Before filing the affidavit with the court, the public
administrator shall take reasonable steps to ascertain whether any of the
decedent’s heirs or next of kin exist. If the administrator determines
that heirs or next of kin exist, he shall serve each of them with a copy
of the affidavit. Service must be made personally or by certified mail.
4. If the affiant:
(a) Submits an affidavit which does not meet the requirements of
subsection 2 or which contains statements which are not entirely true,
any money or property he receives or distributes is subject to all debts
of the decedent, based on the priority for payment of debts and charges
specified in NRS 147.195 .
(b) Fails to give notice to heirs or next of kin as required by
subsection 3, any money or property he holds or distributes to others
shall be deemed to be held in trust for those heirs and next of kin who
did not receive notice and have an interest in the property.
5. A person who receives an affidavit containing the information
required by subsection 2 is entitled to rely upon such information, and
if he relies in good faith, he is immune from civil liability for actions
based on that reliance.
6. Upon receiving proof of the death of the decedent, an affidavit
containing the information required by this section and the written
approval of the public administrator to do so:
(a) A transfer agent of any security shall change the registered
ownership of the security claimed from the decedent to the person
claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of title,
ownership or registration to personal property shall issue a new
certificate of title, ownership or registration to the person claiming to
succeed to ownership of the property.
(Added to NRS by 1991, 195; A 1999, 917 ; 2003, 478 , 2515 ; 2005, 396 )
Before the issuance of the letters of
administration for an estate, before filing an affidavit to administer an
estate pursuant to NRS 253.0403 or
before petitioning to have an estate set aside pursuant to NRS 253.0425
, the public administrator may secure
the property of a deceased person if he finds that:
1. There are no relatives of the deceased who are able to protect
the property; and
2. Failure to do so could endanger the property.
(Added to NRS by 1983, 1597; A 1991, 197; 1999, 918 )
1. Except as otherwise provided in subsection 2, a public
administrator, with regard to the personal property of the estate of a
ward or a decedent, may donate property that has a value of less than
$250 to a nonprofit organization, or destroy property that has a value of
less than $100, if:
(a) The property, if that of a ward, is not necessary for the care
or comfort of the ward; and
(b) A notice of intent to donate or destroy the property is:
(1) Mailed by certified mail to the ward’s or decedent’s
next of kin at his last known home address; or
(2) Personally delivered to him,
Ê and that person fails to claim the property within 15 days.
2. A public administrator may authorize the immediate destruction
of the property of a ward or decedent, without giving notice to the next
of kin, if:
(a) The administrator determines that the property has been
contaminated by vermin or biological or chemical agents;
(b) The expenses related to the decontamination of the property
cause salvage to be impractical;
(c) The property constitutes an immediate threat to public health
or safety;
(d) The handling, transfer or storage of the property may endanger
public health or safety or exacerbate contamination; and
(e) The value of the property is less than $100 or, if the value of
the property is $100 or more, a state or local health officer has
endorsed the destruction of the property.
(Added to NRS by 1991, 12; A 1999, 918 )
0415 to 253.0435 , inclusive, to county whose population is
100,000 or more. NRS 253.0415 to
253.0435 , inclusive, apply to a county
whose population is 100,000 or more.
(Added to NRS by 1979, 991; A 1979, 991; 1987, 115)
1. The public administrator shall:
(a) Investigate:
(1) The financial status of any proposed ward for whom he
has been requested to serve as guardian to determine whether he is
eligible to serve in that capacity.
(2) The financial status of any decedent for whom he has
been requested to serve as administrator to determine the assets and
liabilities of the estate.
(3) Whether there is any qualified person who is willing and
able to serve as guardian for a ward or administrator of the estate of an
intestate decedent to determine whether he is eligible to serve in that
capacity.
(b) Petition the court for appointment as guardian of the person
and estate of any ward if, after investigation, the public administrator
finds that he is eligible to serve. Except as otherwise provided in
subsection 2, this petition for appointment as guardian must be made by
the public administrator regardless of the amount of assets in the
guardianship estate if no other qualified person having a prior right is
willing and able to serve.
(c) Except as otherwise provided in NRS 253.0403 and 253.0425 , petition the court for letters of
administration of the estate of a person dying intestate if, after
investigation, the public administrator finds that there is no other
qualified person having a prior right who is willing and able to serve.
(d) Upon court order, act as:
(1) Guardian of the person and estate of an adult ward; or
(2) Administrator of the estate of a person dying intestate,
Ê regardless of the amount of assets in the estate of the ward or
decedent if no other qualified person is willing and able to serve.
2. The public administrator is not eligible to serve as a guardian
of the person and estate of a ward if the board of county commissioners
of his county has established the office of public guardian pursuant to
NRS 253.150 , unless the board has
designated the public administrator as ex officio public guardian.
(Added to NRS by 1979, 991; A 1989, 1040; 1991, 197; 1999, 919
)
In connection with an
investigation conducted pursuant to subsection 1 of NRS 253.0415 , a public administrator may:
1. Require any proposed ward or any spouse, parent, child or other
kindred of the proposed ward to give any information and to execute any
written requests or authorizations necessary to provide the public
administrator with access to records, otherwise confidential, needed to
evaluate the public administrator’s eligibility to serve.
2. Obtain information from the public records in any office of the
State or any of its agencies or subdivisions upon request and without
payment of any fee.
(Added to NRS by 1979, 991)
1. If the public administrator finds that there is no qualified
person willing and able to administer the estate of a particular
decedent, he shall investigate further to estimate its gross value.
2. If the estate appears to have a gross value of $50,000 or less,
he shall:
(a) Assist a proper person to petition to have it set aside without
administration or directly receive the assets from a custodian, as the
facts may warrant;
(b) Himself petition to have the estate set aside without
administration and properly distributed; or
(c) Administer the estate pursuant to NRS 253.0403 .
3. If the estate appears to have a gross value of more than
$50,000:
(a) He shall proceed with summary or full administration as the
value of the estate requires.
(b) He may retain an attorney to assist him, rotating this
employment in successive estates among the attorneys practicing in the
county who are qualified by experience and willing to serve. The
attorney’s fee is a charge upon the estate.
(Added to NRS by 1979, 992; A 1989, 1040; 1991, 197; 1999, 919
)
The public administrator may, within the limits of
appropriations for his office:
1. Be provided with sufficient facilities and supplies for the
proper performance of his duties.
2. Employ subordinates necessary for the proper performance of his
duties.
3. Contract for the services of consultants or assistants.
4. Consult with the district attorney in matters relating to the
performance of his duties.
(Added to NRS by 1979, 992)
In a county whose population is less
than 100,000, the board of county commissioners may, after reviewing each
case, direct the public administrator or any other suitable person to:
1. Investigate:
(a) The financial status of any proposed ward for whom a request to
serve as guardian has been received to determine whether there is a need
for a guardian to be appointed and whether the public administrator or
other suitable person designated by the board is able and eligible to
serve in that capacity.
(b) Whether there is any qualified person who is willing and able
to serve as guardian for a ward or administrator of the estate of an
intestate decedent, and to determine whether there is a need for a
guardian or an administrator and whether the public administrator or
other suitable person designated by the board is eligible to serve in
that capacity.
2. Petition the court for appointment as guardian of the person or
as guardian of the person and estate of any ward if, after investigation,
the public administrator or other suitable person designated by the board
finds that there is a need for such an appointment and that he is able
and eligible to serve. If no other qualified person having a prior right
is willing and able to serve, the public administrator or other suitable
person designated by the board shall petition for appointment as guardian
regardless of the amount of assets in the estate of the proposed ward.
3. Petition the court for letters of administration of the estate
of a person dying intestate if, after investigation, the public
administrator or other suitable person designated by the board finds that
there is no other qualified person having a prior right who is willing
and able to serve.
4. File an affidavit pursuant to NRS 253.0403 to administer the estate if, after
investigation, the public administrator or other suitable person
designated by the board finds that the gross value of the decedent’s
property situated in this State does not exceed $20,000.
5. Act, upon order of a court, as:
(a) Guardian of the person and estate of an adult ward; or
(b) Administrator of the estate of a person dying intestate,
Ê regardless of the amount of assets in the estate of the ward or
decedent if no other qualified person is willing and able to serve.
(Added to NRS by 1987, 1378; A 1991, 198; 1999, 920 ; 2005, 397 )
In an investigation conducted
pursuant to subsection 1 of NRS 253.044 , a public administrator or other suitable
person designated by the board of county commissioners may:
1. Require any proposed ward or any spouse, parent, child or other
kindred of the proposed ward to give any information and to execute any
written requests or authorizations necessary to provide the public
administrator or other suitable person designated by the board with
access to records, otherwise confidential, needed to evaluate the public
administrator’s or other suitable person’s eligibility to serve.
2. Obtain information from the public records in any office of the
State or any of its agencies or subdivisions upon request and without
payment of any fee.
(Added to NRS by 1987, 1379)
A public administrator, or other suitable person designated by
the board of county commissioners, who is authorized to perform the
duties set forth in NRS 253.044 , may
file with the board a request for payment for expenses incurred in the
performance of such duties. The amount to be paid as expenses must be
determined by the board of county commissioners. Payment must be made
from the general fund of the county if the board of county commissioners
approves the request and determines that there is sufficient money in the
fund to pay the public administrator or other suitable person designated
by the board to perform those duties. This section does not require the
board of county commissioners to authorize payment of any expense that
can be paid from the assets of a person or an estate subject to NRS
253.044 .
(Added to NRS by 1987, 1379)
In addition to other duties provided in this chapter, in
counties having a population of less than 100,000, the public
administrator shall:
1. Obtain all information concerning deceased persons and their
estates which is required to be given to him by:
(a) The county health officer;
(b) The sheriff or any constable; or
(c) Any other public officers.
2. Contact the next of kin of any deceased person listed in the
report filed by the county health officer concerning the administration
of that person’s estate.
(Added to NRS by 1971, 507; A 1979, 524)
1. For the administration of the estates of deceased persons,
public administrators are entitled to be paid as other administrators or
executors are paid, subject to the provisions of NRS 245.043 .
2. The district attorneys of Lander, Lincoln and White Pine
counties as ex officio public administrators and the clerk of Carson City
serving as public administrator of Carson City may retain all fees
provided by law received by them as public administrators.
3. The public administrator is entitled to compensation from the
estate or from beneficiaries for the reasonable value of his services
performed in preserving the property of an estate of a deceased person
before the appointment of an administrator. Compensation must be set by
the board of county commissioners.
[Part 3:88:1883; BH § 2223; C § 2374; RL § 1617; NCL § 2094]—(NRS A
1967, 1057; 1969, 1466; 1973, 8; 1979, 994; 1987, 56, 115, 117; 1989,
1041)
Except as otherwise provided in this
chapter, public administrators, in administering upon estates, shall be
governed by the same rules and laws by which other administrators or
executors are governed.
[9:88:1883; BH § 2229; C § 2380; RL § 1623; NCL § 2100]
All persons, and especially all civil officers, shall give all
information in their possession to public administrators respecting
estates and the property and condition thereof, upon which no other
person has then administered.
[Part 8:88:1883; BH § 2228; C § 2379; RL § 1622; NCL § 2099]
Public
administrators shall institute, maintain and prosecute all necessary
actions at law and in equity for the recovery and for the protection of
the property, debts, papers or other estate of any deceased person upon
whose estate they may be administering.
[Part 8:88:1883; BH § 2228; C § 2379; RL § 1622; NCL § 2099]
1. The board of county commissioners shall:
(a) Establish regulations for the form of any reports made by the
public administrator.
(b) Review reports submitted to the board by the public
administrator.
(c) Investigate any complaint received by the board against the
public administrator.
2. The board of county commissioners may at any time investigate
any guardianship or estate for which the public administrator is serving
as guardian or administrator.
(Added to NRS by 1979, 992)
No
public administrator may be:
1. Interested in any expenditures of any kind, made on account of
any estate of a deceased person which he is administering, except as
necessarily made in the course of the administration.
2. Associated in business with anyone so interested.
[6:88:1883; BH § 2226; C § 2377; RL § 1620; NCL § 2097]—(NRS A
1987, 109)
Public administrators shall, at the expiration
of their terms of office, surrender up to their successors in office all
the books or papers belonging or appertaining to the office, including
all exhibits, estates, money and property in their possession; but upon
the expiration of the term of office of any public administrator before
the entry of a decree of distribution in any estate for which the public
administrator is the duly appointed, qualified and acting administrator,
if good cause be shown therefor, the court shall enter an order in such
estate, authorizing and directing a person to whom letters have been
issued, to close up the estate as expeditiously as possible, or the court
shall enter an order requiring the filing of a petition for letters by
the successor in office of the public administrator.
[14:88:1883; A 1921, 149; NCL § 2104]
PUBLIC GUARDIANS
1. The board of county commissioners of any county may establish
the office of public guardian.
2. The board of county commissioners may:
(a) Appoint a public guardian, who serves at the pleasure of the
board, for a term of 4 years from the day of appointment; or
(b) Designate an elected or appointed county officer as ex officio
public guardian.
3. The compensation of a public guardian appointed or designated
pursuant to subsection 2 must be fixed by the board of county
commissioners and paid out of the county general fund.
(Added to NRS by 1977, 486; A 1989, 1041; 2003, 804 )
1. Upon taking office, a public guardian shall file with the
county clerk a general bond in an amount fixed by the board of county
commissioners payable to the State of Nevada with sureties approved by
the board of county commissioners. The premium for the bond shall be paid
from the general funds of the county and be conditioned upon the public
guardian’s faithful performance of his duties.
2. The general bond and oath of office of a public guardian are in
lieu of the bonds and oaths required of private guardians.
3. The oath and bond of an elected or appointed public officer
designated ex officio public guardian pursuant to subsection 2 of NRS
253.150 are in lieu of the bonds and
oaths required of private guardians. The court may require the ex officio
public guardian to execute a separate bond for any guardianship in the
manner prescribed in NRS 159.065 .
(Added to NRS by 1977, 486; A 1989, 1041)
1. If a vacancy occurs in the office of public guardian before the
expiration of a normal term, the vacancy shall be filled promptly by the
board of county commissioners.
2. The board of county commissioners may designate any qualified
person to serve as acting public guardian until a vacancy in such office
is filled.
(Added to NRS by 1977, 486; A 2003, 805 )
1. A public guardian may appoint deputies to perform the duties of
his office. A deputy so appointed may transact all official business
relating to the office of the public guardian to the same extent as the
public guardian, except that the deputy is not authorized to employ or
terminate the employment of subordinates in the office. Before entering
upon the discharge of his duties, each deputy must take and subscribe to
the constitutional oath of office. The appointment of a deputy must not
be construed to confer upon that deputy policymaking authority for the
office of the county public guardian or the county by which the deputy is
employed.
2. Each appointment must be in writing and recorded, with the oath
of office of that deputy, in the office of the county recorder. Any
revocation or resignation of an appointment must be recorded in the
office of the county recorder.
3. The public guardian is responsible on his official bond for any
official malfeasance or nonfeasance of his deputies and may require a
bond for the faithful performance of the official duties of his deputies.
4. The compensation of a deputy public guardian must be fixed by
the board of county commissioners and paid out of the county general fund.
(Added to NRS by 2003, 804 ; A 2005, 683 )
Within the
limits of appropriations for his office, a public guardian may:
1. Employ such subordinates, including, without limitation,
deputies appointed pursuant to NRS 253.175 , as authorized by the board of county
commissioners and as necessary for the proper performance of his duties.
2. Contract for the services of consultants or assistants.
(Added to NRS by 1977, 486; A 2003, 805 )
A public guardian shall keep financial and
other appropriate records concerning all cases in which he is appointed
as an individual guardian.
(Added to NRS by 1977, 487)
1. A resident of Nevada is eligible to have the public guardian
appointed as his individual guardian if he:
(a) Has no relative or friend able and willing to serve as his
guardian; or
(b) Lacks sufficient assets to provide the requisite compensation
to a private guardian.
2. A person so qualified, or anyone on his behalf, may petition
the district court of the county in which he resides to make the
appointment.
(Added to NRS by 1977, 487; A 1999, 920 )
1. A person appointed as public guardian or designated as acting
public guardian succeeds immediately to all powers and duties of the
individual guardianships created by appointments of the public guardian
as guardian for particular wards.
2. In the administration of any guardianship to which the public
guardian is appointed pursuant to subsection 1, the public guardian has
all powers, duties, rights and responsibilities contained in titles 12
and 13 of NRS.
(Added to NRS by 1977, 487; A 1979, 994)
When necessary for the proper
administration of a guardianship, a public guardian may retain an
attorney to assist him, rotating this employment in successive
guardianships among the attorneys practicing in the county who are
qualified by experience and willing to serve. The attorney’s fee must be
paid from the assets of the ward.
(Added to NRS by 1983, 1597)
A public guardian shall investigate the
financial status of any person for whom the appointment of the public
guardian as his guardian is requested. In connection with the
investigation, the public guardian may require that person to execute and
deliver any written requests or authorizations necessary to provide the
public guardian with access to records, otherwise confidential, needed to
evaluate eligibility. The public guardian may obtain information from any
public record office of the State or any of its agencies or subdivisions
upon request and without payment of any fees.
(Added to NRS by 1977, 487)
1. Except as otherwise provided in NRS 253.215 , if a public guardian is appointed as an
individual guardian the costs incurred in the appointment proceedings and
the administrative costs of the guardian’s services are not chargeable
against the income or the estate of the ward unless the court determines
at any time that the ward is financially able to pay all or part of the
costs.
2. The financial ability of the ward to pay such costs shall be
measured according to his ability to compensate a private guardian. This
ability depends upon:
(a) The nature, extent and liquidity of the ward’s assets;
(b) His disposable net income;
(c) The nature of the guardianship;
(d) The type, duration and complexity of the services required; and
(e) Any other foreseeable expenses.
(Added to NRS by 1977, 487; A 1983, 1597)
The
reasonable value of a public guardian’s services rendered without cost to
a ward shall be allowed as a claim against the estate upon the death of
the ward. Money received in payment of a claim against the estate of the
ward shall be deposited by the public guardian to the credit of the
county general fund.
(Added to NRS by 1977, 487)
The court may, at any
time, terminate the appointment of a public guardian as an individual
guardian upon petition by the ward or any interested person or upon the
court’s own motion if it appears that the services of the public guardian
are no longer necessary.
(Added to NRS by 1977, 487)
