[Rev. 11/21/2013 9:46:19 AM--2013]

CHAPTER 145 - SUMMARY ADMINISTRATION OF ESTATES

NRS 145.010           Application of chapter.

NRS 145.020           Contents of petition seeking summary administration.

NRS 145.030           Notice required.

NRS 145.040           Conditions for ordering summary administration.

NRS 145.060           Creditors’ claims: Notice, filing, approval and payment; procedure if claim of Department of Health and Human Services rejected.

NRS 145.070           Sales of real property: Notice and procedure.

NRS 145.075           Hearing and notices required upon filing of final account and petition for distribution.

NRS 145.080           Close of administration and distribution.

NRS 145.110           Revocation of summary administration.

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      NRS 145.010  Application of chapter.  The provisions of this chapter apply only to estates of which summary administration is ordered. Upon the granting of summary administration, all regular proceedings and further notices required by this title are waived, except for the notices required by NRS 144.010, 145.060, 145.070 and 145.075.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 2001, 2345)

      NRS 145.020  Contents of petition seeking summary administration.  All proceedings taken under this chapter, whether or not the decedent left a will, must be originated by a petition for letters testamentary or letters of administration containing:

      1.  Jurisdictional information;

      2.  A description of the property of the decedent, including the character and estimated value of the property;

      3.  The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of each heir and devisee to the decedent, so far as known to the petitioner; and

      4.  A statement indicating whether the person to be appointed as personal representative has been convicted of a felony.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1997, 1487; 1999, 2301; 2009, 1628)

      NRS 145.030  Notice required.  Notice of a petition for the probate of a will and the issuance of letters must be given as provided in NRS 155.010.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975, 1770; 1987, 780; 1989, 647; 1995, 2572; 1999, 2302)

      NRS 145.040  Conditions for ordering summary administration.  If it is made to appear to the court that the gross value of the estate, after deducting any encumbrances, does not exceed $200,000, the court may, if deemed advisable considering the nature, character and obligations of the estate, enter an order for a summary administration of the estate.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1965, 172; 1973, 431; 1975, 1770; 1983, 294; 1997, 1487; 1999, 2302; 2007, 896)

      NRS 145.060  Creditors’ claims: Notice, filing, approval and payment; procedure if claim of Department of Health and Human Services rejected.

      1.  A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.

      2.  Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020, and within 15 days thereafter the personal representative shall allow or reject the claims filed.

      3.  Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any time before the filing of the final account.

      4.  Every claim which is filed as provided in this section and allowed by the personal representative must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230.

      5.  If a claim filed by the Department of Health and Human Services is rejected by the personal representative, the Director of the Department may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975, 1771; 1987, 781; 1995, 2572; 1999, 2302; 2001, 2345; 2003, 881, 2511)

      NRS 145.070  Sales of real property: Notice and procedure.  All sales of real property, if summary administration is ordered, must be made upon notice given and in the manner required by chapter 148 of NRS.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1999, 2303)

      NRS 145.075  Hearing and notices required upon filing of final account and petition for distribution.

      1.  Upon the filing of a final account and petition for distribution of an estate for which summary administration was ordered, the notice of hearing, the account and petition, together with notice of the amount agreed or requested as attorney’s fees, must be given to the persons entitled thereto.

      2.  The petitioner shall give notice of hearing for the period and in the manner provided in NRS 155.010.

      (Added to NRS by 1999, 2301)

      NRS 145.080  Close of administration and distribution.  The administration of the estate may be closed and distribution made at any time after the expiration of the time for the personal representative to act on the claims, if it appears to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate is in condition to be finally settled.

      [Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1971, 1163; 1999, 2303)

      NRS 145.110  Revocation of summary administration.  If at any time after the entry of an order for the summary administration of an estate it appears that the gross value of the estate, after deducting any encumbrances, exceeds $200,000 as of the death of the decedent, the personal representative shall petition the court for an order revoking summary administration. The court may, if deemed advisable considering the nature, character and obligations of the estate, provide in its order revoking summary administration that regular administration of the estate may proceed unabated upon providing such portions of the regular proceedings and notices as were dispensed with by the order for summary administration.

      (Added to NRS by 1999, 2301; A 2007, 896)