[Rev. 11/21/2013 9:45:46 AM--2013]

CHAPTER 143 - POWERS AND DUTIES OF PERSONAL REPRESENTATIVES

ADMINISTRATION OF ESTATES GENERALLY

NRS 143.010           Multiple personal representatives: Effect of absence or disability; sufficiency of acts of majority.

NRS 143.020           Right to possession of decedent’s property.

NRS 143.030           Duty to take possession of estate and collect debts; exception for certain assets held by guardian.

NRS 143.035           Duty to use reasonable diligence; report required if estate not closed within certain times; hearing and determinations by court.

NRS 143.037           Duty to close estate within 18 months after appointment; exceptions.

NRS 143.040           Rights of surviving partner.

NRS 143.050           Continuing business of decedent.

NRS 143.060           Extent of power to sue and be sued.

NRS 143.065           Statute of limitations for cause of action of decedent.

NRS 143.070           Actions by personal representative for conversion or trespass.

NRS 143.080           Actions against personal representative for conversion or trespass.

NRS 143.090           Action on bond of former personal representative.

NRS 143.100           Action for conversion before letters granted.

NRS 143.110           Procedure when conversion alleged: Citation; examination; allowance of necessary expenses.

NRS 143.120           Procedure when conversion alleged: Commitment for refusal to appear for examination; order requiring delivery of property to personal representative.

NRS 143.130           Accounting by person holding assets of estate for personal representative; penalty for failure or refusal to comply with order.

NRS 143.140           Discharging debtor of estate, compromising claims and renewing obligations: Procedure.

NRS 143.150           Action to recover fraudulently conveyed property for benefit of creditors.

NRS 143.160           Costs; disposal of property recovered; proceeds.

NRS 143.165           Temporary order to restrain personal representative from performing administration, disbursement or distribution of estate: Issuance; hearing.

NRS 143.170           Purchase of property of estate by personal representative.

NRS 143.175           Power to make certain investments.

NRS 143.180           Power to make loans, advances of credit and other investments insured by Federal Housing Administrator; validation of loans, advances of credit and purchases of obligations made before October 1, 1999.

NRS 143.185           Power to invest in farm loan bonds and other obligations issued by federal land banks and banks for cooperatives.

NRS 143.187           Power to hold stock in name of nominee; personal liability of personal representative.

NRS 143.188           Power to direct termination of certain electronic or digital accounts or assets.

NRS 143.190           Cumulative method of service of process on personal representative; written statement containing permanent address of personal representative to be filed with clerk.

NRS 143.200           Actions not to abate on death, disqualification, resignation or removal of personal representative; substitution of successor.

NRS 143.210           Necessary parties to actions.

INDEPENDENT ADMINISTRATION OF ESTATES

General Provisions

NRS 143.300           Short title.

NRS 143.305           Definitions.

NRS 143.310           “Court supervision” defined.

NRS 143.315           “Full authority” defined.

NRS 143.320           “Limited authority” defined.

NRS 143.325           Applicability.

NRS 143.330           Effect of provision in will that prohibits independent administration of estate.

NRS 143.335           Independent administration of estate by special administrator.

NRS 143.340           Personal representative required to petition for full or limited authority to administer estate.

NRS 143.345           Notice of hearing on petition; persons required to receive notice; contents.

NRS 143.350           Court required to grant requested authority; exceptions.

NRS 143.355           Amount of bond of personal representative.

NRS 143.360           Petition for modification or revocation of authority of personal representative; notice; court order.

NRS 143.365           Authority to administer estate without court supervision; request for court supervision.

NRS 143.370           Court approval or supervision required for certain actions; exceptions.

NRS 143.375           Powers of personal representative granted independent administration authority.

NRS 143.380           Sale of property of estate; court confirmation of sales not required.

Powers Exercisable Only After Giving Notice of Proposed Action

NRS 143.400           Requirements for exercise of powers by personal representative.

NRS 143.405           Sale or exchange of real property.

NRS 143.410           Sale or incorporation of business or joint venture.

NRS 143.415           Abandonment of tangible personal property.

NRS 143.420           Power to borrow and to encumber property of estate.

NRS 143.425           Grant of option to purchase real property of estate.

NRS 143.430           Transfer of property to person exercising option to purchase provided in will.

NRS 143.435           Conveyance or transfer of real or personal property under certain circumstances.

NRS 143.440           Determination of claims to property.

NRS 143.445           Disclaimers.

NRS 143.450           Preliminary distributions authorized under certain circumstances.

NRS 143.455           Actions concerning claims by, for the benefit of, or against the estate.

NRS 143.460           Commencement and defense of certain actions and proceedings.

NRS 143.465           Modification of terms of obligation to or in favor of decedent.

 

Powers the Exercise of Which Require Giving Notice of Proposed Action Under Certain Circumstances

NRS 143.500           Exercise of powers by personal representative; exceptions.

NRS 143.505           Management and control of estate property.

NRS 143.510           Power to enter contracts without notice; exception.

NRS 143.515           Deposit and investment of money of estate.

NRS 143.520           Continuation of partnership or other business.

NRS 143.525           Payment of family allowance.

NRS 143.530           Lease of property of estate.

NRS 143.535           Sale or exchange of personal property.

NRS 143.540           Grant of exclusive right to sell property.

Powers Exercisable Without Giving Notice of Proposed Action

NRS 143.600           Exercise of powers by personal representative.

NRS 143.605           Additional powers of personal representative.

NRS 143.610           Conveyance or transfer of property under certain circumstances.

NRS 143.615           Payment of taxes, assessments and expenses.

NRS 143.620           Purchase of annuity under certain circumstances.

NRS 143.625           Exercise of option.

NRS 143.630           Purchase of securities or commodities to perform incomplete contract of sale.

NRS 143.635           Holding securities in name of nominee or in any other form for certain purposes.

NRS 143.640           Exercise of security subscription or conversion rights.

NRS 143.645           Repairs and improvements to property of estate.

NRS 143.650           Acceptance of deed or deed of trust in lieu of foreclosure or trustee’s sale.

NRS 143.655           Partial satisfaction of mortgage or partial reconveyance under deed of trust.

Procedures Relating to Notice of Proposed Action

NRS 143.700           Circumstances pursuant to which notice of proposed action is required or authorized.

NRS 143.705           Persons to whom notice of proposed action is required to be given.

NRS 143.710           Consent to proposed action.

NRS 143.715           Waiver of notice for particular proposed action; general waiver of notice of proposed action.

NRS 143.720           Revocation of consent to proposed action or waiver of notice of proposed action.

NRS 143.725           Contents of notice of proposed action.

NRS 143.730           Requirements for delivery of notice of proposed action.

NRS 143.735           Objection to proposed action; requirements for delivery; form; notice of objection to personal representative.

NRS 143.740           Restraining order prohibiting proposed action without court supervision; notice of restraining order to personal representative.

NRS 143.745           Court authorization or confirmation required if personal representative receives notice of objection or of restraining order.

NRS 143.750           Effect of failure to object to proposed action; court review of action by personal representative under certain circumstances.

NRS 143.755           Failure of personal representative to comply with certain requirements; validity of actions taken without such compliance.

NRS 143.760           Court authorized to remove personal representative from office under certain circumstances.

Forms

NRS 143.800           Letters testamentary or letters of administration.

NRS 143.805           Notice of proposed action.

NRS 143.810           Objection to proposed action.

NRS 143.815           Consent to proposed action.

_________

ADMINISTRATION OF ESTATES GENERALLY

      NRS 143.010  Multiple personal representatives: Effect of absence or disability; sufficiency of acts of majority.  If there are two personal representatives, the acts of one alone are valid if the other is absent from the state, or for any cause is laboring under any legal disability, and if there are more than two, the acts of a majority are sufficient.

      [Part 44:107:1941; 1931 NCL § 9882.44]—(NRS A 1999, 2289)

      NRS 143.020  Right to possession of decedent’s property.  Except as otherwise provided in NRS 143.030 and 146.010, a personal representative has a right to the possession of all the real, as well as personal, property of the decedent and may receive the rents and profits of the property until the estate is settled, or until delivered over by order of the court to the heirs or devisees, and shall make a reasonable effort to keep in good tenantable repair all houses, buildings and appurtenances thereon which are under the control of the personal representative.

      [106:107:1941; 1931 NCL § 9882.106]—(NRS A 1999, 2290; 2009, 1665)

      NRS 143.030  Duty to take possession of estate and collect debts; exception for certain assets held by guardian.

      1.  A personal representative shall take into possession all the estate of the decedent, real and personal, except that exempted as provided in this title, and shall collect all receivables due the decedent or the estate.

      2.  For the purpose of bringing actions to quiet title or for partition of the estate, the possession of the personal representative shall be deemed the possession of the heirs or devisees. The possession of heirs or devisees is subject, however, to the possession of the personal representative for all other purposes.

      3.  A personal representative shall not take into possession any assets held by a guardian of the decedent pursuant to chapter 159 of NRS until the guardianship is terminated according to the provisions of NRS 159.1905 or 159.191 and the guardian is ordered to distribute the assets to the personal representative.

      [191:107:1941; 1931 NCL § 9882.191]—(NRS A 1999, 2290; 2009, 1665)

      NRS 143.035  Duty to use reasonable diligence; report required if estate not closed within certain times; hearing and determinations by court.

      1.  A personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate.

      2.  A personal representative in charge of an estate that has not been closed shall:

      (a) Within 6 months after the personal representative’s appointment, where no federal estate tax return is required to be filed for the estate; or

      (b) Within 15 months after the personal representative’s appointment, where a federal estate tax return is required to be filed for the estate,

Ê file with the court a report explaining why the estate has not been closed.

      3.  Upon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to:

      (a) Each person whose interest is affected as an heir or devisee; and

      (b) The Department of Health and Human Services, if the Department has filed a claim against the estate.

      4.  At the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may:

      (a) Subject to the provisions of NRS 143.037:

             (1) Prescribe the time within which the estate must be closed; or

             (2) Allow the personal representative additional time for closing and order a subsequent report; or

      (b) Revoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.

      (Added to NRS by 1975, 1765; A 1997, 336; 1999, 2290; 2003, 880)

      NRS 143.037  Duty to close estate within 18 months after appointment; exceptions.

      1.  Except as otherwise provided in this section, a personal representative shall close an estate within 18 months after appointment.

      2.  If a claim against the estate is in litigation or in summary determination pursuant to subsection 5 of NRS 145.060 or subsection 2 of NRS 147.130 or the amount of federal estate tax has not been determined, the court, upon petition of a devisee, creditor or heir, shall order that:

      (a) A certain amount of money, or certain other assets, be retained by the personal representative to:

             (1) Satisfy the claim or tax; and

             (2) Pay any fees or costs related to the claim or tax, including fees for appraisals, attorney’s fees and court costs; and

      (b) The remainder of the estate be distributed.

      3.  If a contest of the will or a proceeding to determine heirship is pending, the court which appointed the personal representative:

      (a) Shall order that a certain amount of money, or certain other assets, be retained and the remainder of the estate distributed; or

      (b) May, for good cause shown, order that the entire distributable estate be retained pending disposition of the contest or proceeding.

      (Added to NRS by 1997, 335; A 1999, 2291; 2001, 2344)

      NRS 143.040  Rights of surviving partner.

      1.  If a partnership existed between the decedent, at the time of death, and any other person, the surviving partner may continue in possession of the effects of the partnership and settle its business, but the interest of the decedent must be included in the inventory and appraised as an asset of the estate.

      2.  The surviving partner shall proceed to settle the affairs of the partnership without delay, and shall account to the personal representative and pay over such balance as may be, from time to time, payable to the estate of the decedent.

      3.  Upon the petition of the personal representative, the court may, whenever it may appear necessary, order the surviving partner to render an accounting, and in case of neglect or refusal, may, after notice, compel it by any lawful process, and the personal representative may maintain against the surviving partner any action which the decedent could have maintained.

      4.  Upon any sale of a partnership interest, the surviving partner may be a bidder.

      [Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1999, 2291)

      NRS 143.050  Continuing business of decedent.  Except as otherwise provided in NRS 143.520, after notice given as provided in NRS 155.010 or in such other manner as the court directs, the court may authorize the personal representative to continue the operation of the decedent’s business to such an extent and subject to such restrictions as may seem to the court to be for the best interest of the estate and any interested persons.

      [Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1975, 1766; 1999, 2292; 2011, 1454)

      NRS 143.060  Extent of power to sue and be sued.  Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against a personal representative in all cases in which the actions might have been maintained by or against the decedent.

      [192:107:1941; 1931 NCL § 9882.192]—(NRS A 1999, 2292)

      NRS 143.065  Statute of limitations for cause of action of decedent.  A statute of limitations running on a cause of action belonging to a decedent, that was not barred as of the date of death, does not bar the cause of action sooner than 1 year after the death. A cause of action that, but for this section, would be barred less than 1 year after the death of the decedent is barred after 1 year unless the running of the statute is tolled under other law.

      (Added to NRS by 1999, 2289; A 2003, 2510)

      NRS 143.070  Actions by personal representative for conversion or trespass.

      1.  A personal representative may commence or maintain an action against any person who has wasted, destroyed, taken, carried away or converted the goods of the decedent.

      2.  A personal representative may also commence or maintain an action for trespass committed on the real property of the decedent while living.

      [193:107:1941; 1931 NCL § 9882.193]—(NRS A 1999, 2292)

      NRS 143.080  Actions against personal representative for conversion or trespass.  Any person or the personal representative has a right of action against the personal representative of a decedent who, in the lifetime of the decedent wasted, destroyed, took, carried away or converted the goods or chattels of that person, or committed any trespass on the real property of that person.

      [194:107:1941; 1931 NCL § 9882.194]—(NRS A 1999, 2292)

      NRS 143.090  Action on bond of former personal representative.  A successor personal representative may, for the use and benefit of all interested persons, maintain an action on the bond of a former personal representative of the same estate.

      [196:107:1941; 1931 NCL § 9882.196]—(NRS A 1999, 2292)

      NRS 143.100  Action for conversion before letters granted.  If any person, before the granting of letters, converts, takes or alienates any of the money, goods, chattels or effects of a decedent, that person is chargeable and liable to an action by the personal representative for triple the value of the property so converted, taken or alienated, to be recovered for the benefit of the estate.

      [107:107:1941; 1931 NCL § 9882.107]—(NRS A 1999, 2292; 2007, 895)

      NRS 143.110  Procedure when conversion alleged: Citation; examination; allowance of necessary expenses.

      1.  If a personal representative or other interested person alleges in a petition to the court that any person has, or is suspected to have, concealed, converted, conveyed away or otherwise disposed of any money, goods, chattels or effects of the decedent, or that the person has possession or knowledge of any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title or interest of the decedent in or to any real or personal property, or any claim or demand, or any last will of the decedent, the court may cause that person to be cited to appear before the court to answer, upon oath, upon the matter of the petition.

      2.  If the person is not in the county where letters have been granted, the person may be cited and examined either before the court of the county where the person may be found, or before the court issuing the citation. If the person appears, and is found innocent, his or her necessary expenses must be allowed out of the estate.

      [108:107:1941; 1931 NCL § 9882.108]—(NRS A 1999, 2293)

      NRS 143.120  Procedure when conversion alleged: Commitment for refusal to appear for examination; order requiring delivery of property to personal representative.

      1.  If the person so cited refuses to appear and submit to examination or to testify concerning the matter of the complaint, the court may commit the person to the county jail, there to remain confined until the person obeys the order of the court or is discharged according to law.

      2.  If, upon examination, it appears that the person has concealed, converted, smuggled, conveyed away, or in any manner disposed of any money, goods or chattels of the decedent, or that the person has possession or control of any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title, interest or claim of the decedent to any real or personal property, claim or demand, or any last will of the decedent, the court may enter an order requiring the person to deliver any such property or effects to the personal representative at such time as the court may fix. If the person fails to comply with the order, the court may commit the person to the county jail until the order is complied with or the person is discharged according to law.

      3.  The order of the court for the delivery of the property is prima facie evidence of the right of the personal representative to the property in any action that may be brought for its recovery, and any judgment recovered must be for treble damages equal to three times the value of the property.

      4.  In addition to the examination of the party, witnesses may be produced and examined on either side.

      [109:107:1941; 1931 NCL § 9882.109]—(NRS A 1999, 2293; 2003, 2511)

      NRS 143.130  Accounting by person holding assets of estate for personal representative; penalty for failure or refusal to comply with order.  The court, upon the petition of a personal representative, may require any person entrusted by the personal representative with any part of the estate of the decedent to appear before the court and render on oath a full accounting of any money, goods, chattels, bonds, accounts, or other papers or effects belonging to the estate which have come into the possession of the person in trust for the personal representative. If the person so cited fails or refuses to appear and render the accounting, the court may proceed against the person as provided in NRS 143.120.

      [110:107:1941; 1931 NCL § 9882.110]—(NRS A 1999, 2294)

      NRS 143.140  Discharging debtor of estate, compromising claims and renewing obligations: Procedure.

      1.  Except as otherwise provided in NRS 143.440, 143.455, 143.465, 143.650 or 143.655, if a debtor of the decedent is unable to pay all debts, the personal representative, with the approval of the court, may give the person a discharge upon such terms as may appear to the court to be for the best interest of the estate.

      2.  A compromise may also be authorized by the court when it appears to be just and for the best interest of the estate.

      3.  The court may also authorize the personal representative, on such terms and conditions as may be approved by it, to extend or renew, or in any manner modify the terms of, any obligation owing to or running in favor of the decedent or the estate of the decedent.

      4.  To obtain approval or authorization the personal representative shall file a petition showing the advantage of the settlement, compromise, extension, renewal or modification. The clerk shall set the petition for hearing by the court, and the petitioner shall give notice for the period and in the manner required by NRS 155.010.

      [198:107:1941; 1931 NCL § 9882.198]—(NRS A 1999, 2294; 2011, 1454)

      NRS 143.150  Action to recover fraudulently conveyed property for benefit of creditors.

      1.  If the decedent conveyed any real property or any rights or interests therein, with intent to defraud creditors or to avoid any obligation, debt or duty owed another, or so conveyed the property that by law the deeds of conveyance are void as against creditors, or made a gift of property in contemplation of death, and there is a deficiency of assets in the hands of the personal representative to pay all the expenses and debts of the estate, the personal representative, on petition of any creditor, shall commence and prosecute to final judgment any proper action for the recovery of the property for the benefit of the creditors.

      2.  The personal representative may also, for the benefit of the creditors, maintain an action for and recover all goods, chattels, rights or credits, or their value, which may have been so fraudulently conveyed by the decedent, whatever may have been the manner of fraudulent conveyance.

      [199:107:1941; 1931 NCL § 9882.199]—(NRS A 1999, 2294)

      NRS 143.160  Costs; disposal of property recovered; proceeds.

      1.  A personal representative is not bound to maintain an action for the estate, pursuant to NRS 143.150, for the benefit of the creditors, unless a creditor of the decedent:

      (a) Files a petition; and

      (b) Pays the costs and expense of the litigation or gives such security as the court directs.

      2.  All real property so recovered must be sold for the payment of debts in the same manner as prescribed in this title for sales of real property by personal representatives.

      3.  The proceeds of all goods, chattels, rights or credits so received, after reimbursement of costs and expenses of litigation advanced by the creditor, must be applied in payment of debts in the same manner as other personal property in the hands of a personal representative.

      [200:107:1941; 1931 NCL § 9882.200] + [201:107:1941; 1931 NCL § 9882.201]—(NRS A 1999, 2295)

      NRS 143.165  Temporary order to restrain personal representative from performing administration, disbursement or distribution of estate: Issuance; hearing.

      1.  On petition of an interested person, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person. A person with whom the personal representative may transact business may be made a party to the temporary order.

      2.  The matter must be set for hearing within 10 days after entry of the temporary order unless the parties otherwise agree. Notice as the court directs must be given by the petitioner to the personal representative and the attorney of record of the personal representative, if any, and to any other party named as a party in the temporary order.

      (Added to NRS by 1997, 1485; A 1999, 2295)

      NRS 143.170  Purchase of property of estate by personal representative.  Unless approved in advance by a court after application, notice and a hearing on the matter, a personal representative shall not directly or indirectly purchase any property of the estate represented by the personal representative.

      [190:107:1941; 1931 NCL § 9882.190]—(NRS A 1999, 2295; 2001, 2345)

      NRS 143.175  Power to make certain investments.

      1.  Except as otherwise provided in NRS 143.515, a personal representative may, with court approval:

      (a) Invest the property of the estate, make loans and accept security therefor, in the manner and to the extent authorized by the court; and

      (b) Exercise options of the estate to purchase or exchange securities or other property.

      2.  A personal representative may, without prior approval of the court, invest the property of the estate in:

      (a) Savings accounts in a bank, credit union or savings and loan association in this State, to the extent that the deposit is insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755;

      (b) Interest-bearing obligations of, or fully guaranteed by, the United States;

      (c) Interest-bearing obligations of the United States Postal Service or the Federal National Mortgage Association;

      (d) Interest-bearing obligations of this State or of a county, city or school district of this State;

      (e) Money-market mutual funds that are invested only in obligations listed in paragraphs (a) to (d), inclusive; or

      (f) Any other investment authorized by the will of the decedent.

      (Added to NRS by 1975, 1766; A 1999, 1458, 2295; 2001, 91; 2011, 1454)

      NRS 143.180  Power to make loans, advances of credit and other investments insured by Federal Housing Administrator; validation of loans, advances of credit and purchases of obligations made before October 1, 1999.

      1.  Subject to such regulations as may be prescribed by the Federal Housing Administrator, a personal representative may:

      (a) Make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator, and obtain such insurance.

      (b) Make such loans secured by mortgage on real property as are eligible for insurance by the Federal Housing Administrator, and obtain such insurance.

      (c) Purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the Federal Housing Administrator, securities of national mortgage associations, and debentures issued by the Federal Housing Administrator.

      2.  No law of this State prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, or prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made, applies to loans, advances of credit or purchases made pursuant to subsection 1.

      3.  All above-described loans, advances of credit, and purchases of obligations made and insured pursuant to the terms of the National Housing Act before October 1, 1999, are hereby validated and confirmed.

      [Part 1:58:1935; A 1937, 147; 1939, 43; 1931 NCL § 3652.01] + [Part 2:58:1935; 1931 NCL § 3652.02] + [3:58:1935; 1931 NCL § 3652.03]—(NRS A 1999, 2296)

      NRS 143.185  Power to invest in farm loan bonds and other obligations issued by federal land banks and banks for cooperatives.  A personal representative may purchase, invest in, and dispose of:

      1.  Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 et seq., as amended; and

      2.  Bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 et seq., as amended.

      (Added to NRS by 1959, 33; A 1973, 1088; 1991, 461; 1999, 2297)

      NRS 143.187  Power to hold stock in name of nominee; personal liability of personal representative.

      1.  A personal representative holding certificates of stock in that capacity may hold the stock in the name of a nominee without mention in the stock certificate or registration books, if:

      (a) The records of the personal representative and all reports and accountings the personal representative renders clearly show the holding and the facts regarding it; and

      (b) The nominee deposits with the personal representative a signed statement of the true interest of the personal representative.

      2.  A personal representative is personally liable for any loss to the estate resulting from any act of the nominee in connection with stock so held.

      (Added to NRS by 1961, 471; A 1999, 2297)

      NRS 143.188  Power to direct termination of certain electronic or digital accounts or assets.

      1.  Except as otherwise provided in subsection 2, subject to such restrictions as may be prescribed in the will of a decedent or by an order of a court of competent jurisdiction, a personal representative has the power to direct the termination of any account of the decedent, including, without limitation:

      (a) An account on any:

             (1) Social networking Internet website;

             (2) Web log service Internet website;

             (3) Microblog service Internet website;

             (4) Short message service Internet website; or

             (5) Electronic mail service Internet website; or

      (b) Any similar electronic or digital asset of the decedent.

      2.  The provisions of subsection 1 do not authorize a personal representative to direct the termination of any financial account of the decedent, including, without limitation, a bank account or investment account.

      3.  The act by a personal representative to direct the termination of any account or asset of a decedent pursuant to subsection 1 does not invalidate or abrogate any conditions, terms of service or contractual obligations the holder of such an account or asset has with the provider or administrator of the account, asset or Internet website.

      (Added to NRS by 2013, 1524)

      NRS 143.190  Cumulative method of service of process on personal representative; written statement containing permanent address of personal representative to be filed with clerk.

      1.  Before letters are delivered to a personal representative, the personal representative shall file with the county clerk of the county in which the administration of the estate is pending a written statement containing the name and permanent address of the personal representative. The permanent address may, from time to time, be changed by filing with the county clerk a written statement giving the changed address. The permanent address shall be deemed to be that contained in the last statement so filed by the personal representative.

      2.  The taking of his or her oath of office by a personal representative constitutes an appointment of the county clerk of the county in which the administration of the estate is pending to be the true and lawful attorney, upon whom all legal process in any action or proceeding against the personal representative may be served, with the same legal force and effect as if served upon the personal representative personally within the State of Nevada.

      3.  Service of process may be made by mailing by registered or certified mail a copy of the process, and if the process is a summons, there must be attached thereto a copy of the complaint certified by the clerk or the plaintiff’s attorney, directly to the personal representative at the address contained in the statement filed with the clerk. This service is sufficient personal service upon the personal representative if proof of the service is filed with the clerk.

      4.  The court in which the action is pending may order such continuances as may be necessary to afford the personal representative reasonable opportunity to defend the action.

      5.  The foregoing method of service is cumulative, and does not prevent the personal service of process upon the personal representative within the State of Nevada.

      [324:107:1941; 1931 NCL § 9882.324]—(NRS A 1969, 95; 1983, 262; 1999, 2297)

      NRS 143.200  Actions not to abate on death, disqualification, resignation or removal of personal representative; substitution of successor.  No action to which a personal representative is a party abates by reason of the death, disqualification, resignation or removal of the personal representative, but the person who is appointed, qualifies and is acting as the successor must, upon motion, be substituted as a party to the action.

      [325:107:1941; 1931 NCL § 9882.325]—(NRS A 1999, 2298)

      NRS 143.210  Necessary parties to actions.  In actions brought by or against personal representatives, it is not necessary to join those as parties who have not qualified.

      [197:107:1941; 1931 NCL § 9882.197]—(NRS A 1999, 2298)

INDEPENDENT ADMINISTRATION OF ESTATES

General Provisions

      NRS 143.300  Short title.  NRS 143.300 to 143.815, inclusive, may be cited as the Independent Administration of Estates Act.

      (Added to NRS by 2011, 1437)

      NRS 143.305  Definitions.  As used in NRS 143.300 to 143.815, inclusive, unless the context otherwise requires, the words and terms defined in NRS 143.310, 143.315 and 143.320 have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 1437)

      NRS 143.310  “Court supervision” defined.  “Court supervision” means the judicial order, authorization, approval, confirmation or instructions that would be required if authority to administer the estate had not been granted pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1437)

      NRS 143.315  “Full authority” defined.  “Full authority” means the authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, that includes all the powers granted pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1437)

      NRS 143.320  “Limited authority” defined.  “Limited authority” means authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, that includes all the powers granted pursuant to NRS 143.300 to 143.815, inclusive, except the power to do any of the following:

      1.  Sell real property.

      2.  Exchange real property.

      3.  Grant an option to purchase real property.

      4.  Borrow money with the loan secured by an encumbrance upon real property.

      (Added to NRS by 2011, 1437)

      NRS 143.325  Applicability.  The provisions of NRS 143.300 to 143.815, inclusive, apply in any case where authority to administer the estate is granted pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1437)

      NRS 143.330  Effect of provision in will that prohibits independent administration of estate.  The personal representative may not be granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, if the decedent’s will provides that the estate must not be administered pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1437)

      NRS 143.335  Independent administration of estate by special administrator.  A special administrator may be granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, if the special administrator is appointed with, or has been granted, the powers of a general personal representative.

      (Added to NRS by 2011, 1437)

      NRS 143.340  Personal representative required to petition for full or limited authority to administer estate.

      1.  To obtain authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, the personal representative must petition the court for that authority in a petition for appointment of the personal representative or in a separate petition filed in the estate proceedings.

      2.  The personal representative may request either of the following:

      (a) Full authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive; or

      (b) Limited authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1437)

      NRS 143.345  Notice of hearing on petition; persons required to receive notice; contents.

      1.  If the authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, is requested in a petition for appointment of the personal representative, notice of the hearing on the petition must be given for the period and in the manner applicable to the petition for appointment.

      2.  Where proceedings for the administration of the estate are pending at the time a petition is filed pursuant to NRS 143.340, notice of the hearing on the petition must be given for the period and in the manner provided in NRS 155.010 to all the following persons:

      (a) Each person specified in NRS 155.010;

      (b) Each known heir whose interest in the estate would be affected by the petition;

      (c) Each known devisee whose interest in the estate would be affected by the petition; and

      (d) Each person named as personal representative in the will of the decedent.

      3.  The notice of hearing of the petition for authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, whether included in the petition for appointment or in a separate petition, must include a statement in substantially the following form:

 

       The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. Independent administration authority will be granted unless good cause is shown why it should not be.

 

      (Added to NRS by 2011, 1437)

      NRS 143.350  Court required to grant requested authority; exceptions.

      1.  Except as otherwise provided in subsection 2, unless an interested person objects in writing at or before the hearing to the granting of authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, and the court determines that the interested person has shown good cause why the authority to administer the estate under those provisions should not be granted, the court shall grant the requested authority.

      2.  If the interested person has shown good cause why only limited authority should be granted, the court shall grant limited authority.

      (Added to NRS by 2011, 1438)

      NRS 143.355  Amount of bond of personal representative.

      1.  If the personal representative is otherwise required to file a bond and has full authority, the court shall fix the amount of the bond at not more than the estimated value of the personal property, the estimated value of the decedent’s interest in the real property authorized to be sold pursuant to NRS 143.300 to 143.815, inclusive, and the probable annual gross income of the estate or, if the bond is to be given by personal sureties, at not less than twice that amount.

      2.  If the personal representative is otherwise required to file a bond and has limited authority, the court shall fix the amount of the bond at not more than the estimated value of the personal property and the probable annual gross income of the estate or, if the bond is to be given by personal sureties, at not less than twice that amount.

      (Added to NRS by 2011, 1438)

      NRS 143.360  Petition for modification or revocation of authority of personal representative; notice; court order.

      1.  Any interested person may file a petition requesting that the court make either of the following orders:

      (a) An order revoking the authority of the personal representative to continue administration of the estate pursuant to NRS 143.300 to 143.815, inclusive; or

      (b) An order revoking the full authority of the personal representative to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, and granting the personal representative limited authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive.

      2.  The petition must set forth the basis for the requested order.

      3.  The petitioner shall give notice for the period and in the manner provided in NRS 155.010.

      4.  If the court determines that good cause has been shown, the court shall make an order revoking the authority of the personal representative to continue administration of the estate pursuant to NRS 143.300 to 143.815, inclusive. Upon the making of the order, new letters must be issued without the authority to act pursuant to NRS 143.300 to 143.815, inclusive.

      5.  If the personal representative was granted full authority and the court determines that good cause has been shown, the court shall make an order revoking the full authority and granting the personal representative limited authority. Upon the making of the order, new letters must be issued indicating whether the personal representative is authorized to act pursuant to NRS 143.300 to 143.815, inclusive, and, if so authorized, whether the independent administration authority includes or excludes the power to do any of the following:

      (a) Sell real property;

      (b) Exchange real property;

      (c) Grant an option to purchase real property; or

      (d) Borrow money with the loan secured by an encumbrance upon real property.

      (Added to NRS by 2011, 1438)

      NRS 143.365  Authority to administer estate without court supervision; request for court supervision.

      1.  Subject to the limitations and conditions of NRS 143.300 to 143.815, inclusive, a personal representative who has been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, may administer the estate as provided pursuant to NRS 143.300 to 143.815, inclusive, without court supervision, but in all other respects, the personal representative shall administer the estate in the same manner as a personal representative who has not been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive.

      2.  Notwithstanding the provisions of subsection 1, the personal representative may obtain court supervision of any action to be taken by the personal representative during administration of the estate.

      (Added to NRS by 2011, 1439)

      NRS 143.370  Court approval or supervision required for certain actions; exceptions.

      1.  Notwithstanding any provision of NRS 143.300 to 143.815, inclusive, to the contrary, whether the personal representative has been granted limited authority or full authority, a personal representative who has obtained authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, is required to obtain court approval for any of the following actions:

      (a) Allowance of the personal representative’s compensation;

      (b) Allowance of compensation of the attorney for the personal representative;

      (c) Settlement of accounts;

      (d) Preliminary and final distributions and discharge;

      (e) Sale of property of the estate to the personal representative or to the attorney for the personal representative;

      (f) Exchange of property of the estate for property of the personal representative or for property of the attorney for the personal representative;

      (g) Grant of an option to purchase property of the estate to the personal representative or to the attorney for the personal representative;

      (h) Allowance, payment or compromise of a claim of the personal representative, or the attorney for the personal representative, against the estate;

      (i) Compromise or settlement of a claim, action or proceeding by the estate against the personal representative or against the attorney for the personal representative;

      (j) Extension, renewal or modification of the terms of a debt or other obligation of the personal representative, or the attorney for the personal representative, owing to or in favor of the decedent or the estate; and

      (k) Any transaction described in this section that would indirectly benefit the personal representative, a relative of the personal representative, the attorney for the personal representative or the attorney for a relative of the personal representative.

      2.  Notwithstanding any provision of NRS 143.300 to 143.815, inclusive, to the contrary, a personal representative who has obtained limited authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, is required to obtain court supervision for any of the following actions:

      (a) Sale of real property;

      (b) Exchange of real property;

      (c) Grant of an option to purchase real property; and

      (d) Borrowing money with the loan secured by an encumbrance upon real property.

      3.  Paragraphs (e) to (k), inclusive, of subsection 1 do not apply to a transaction between the personal representative in his or her capacity as a personal representative and the personal representative as a person if all the following requirements are satisfied:

      (a) The personal representative is the sole beneficiary of the estate or all the known heirs or devisees have consented to the transaction;

      (b) The period for filing creditor claims has expired;

      (c) No request for special notice pursuant to NRS 155.030 is on file or all persons who filed a request for special notice have consented to the transaction; and

      (d) The claim of each creditor who filed a claim has been paid, settled or withdrawn, or the creditor has consented to the transaction.

      4.  As used in this section, “relative” has the meaning ascribed to it in NRS 163.020.

      (Added to NRS by 2011, 1439)

      NRS 143.375  Powers of personal representative granted independent administration authority.

      1.  Subject to the conditions and limitations of NRS 143.300 to 143.815, inclusive, and to the duties and liabilities of the personal representative, a personal representative who has been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, has the powers described in:

      (a) NRS 143.400 to 143.465, inclusive, with regard to powers that are exercisable only after giving a notice of proposed action;

      (b) NRS 143.500 to 143.540, inclusive, with regard to powers the exercise of which requires giving a notice of proposed action under certain circumstances; and

      (c) NRS 143.600 to 143.655, inclusive, with regard to powers that are exercisable without giving a notice of proposed action.

      2.  The will may restrict the powers that the personal representative may exercise pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1440)

      NRS 143.380  Sale of property of estate; court confirmation of sales not required.

      1.  Subject to the limitations and requirements of NRS 143.300 to 143.815, inclusive, when the personal representative exercises the authority to sell property of the estate pursuant to NRS 143.300 to 143.815, inclusive, the personal representative may sell the property at public auction or private sale, and with or without notice, for cash or on credit, for such price and upon such terms and conditions as the personal representative may determine.

      2.  The requirements applicable to court confirmation of sales of real property referenced in subsection 1 include, without limitation:

      (a) Publication of the notice of sale;

      (b) Court approval of agents’ and brokers’ commissions;

      (c) The sale being not less than 90 percent of appraised value of the real property;

      (d) An examination by the court into the necessity for the sale of the real property, including, without limitation, any advantage to the estate and benefit to interested persons; and

      (e) The efforts of the personal representative to obtain the highest and best price for the property reasonably attainable.

      3.  The requirements applicable to court confirmation of sales of real property and sales of personal property do not apply to a sale pursuant to this section.

      (Added to NRS by 2011, 1441)

Powers Exercisable Only After Giving Notice of Proposed Action

      NRS 143.400  Requirements for exercise of powers by personal representative.  The personal representative may exercise the powers described in NRS 143.400 to 143.465, inclusive, only if the requirements of NRS 143.700 to 143.760, inclusive, are satisfied.

      (Added to NRS by 2011, 1441)

      NRS 143.405  Sale or exchange of real property.  The personal representative who has full authority has the power to sell or exchange real property of the estate.

      (Added to NRS by 2011, 1441)

      NRS 143.410  Sale or incorporation of business or joint venture.  The personal representative who has limited authority or full authority has the power to sell or incorporate any of the following:

      1.  An unincorporated business or joint venture in which the decedent was engaged at the time of the decedent’s death; and

      2.  An unincorporated business or joint venture which was wholly or partly owned by the decedent at the time of the decedent’s death.

      (Added to NRS by 2011, 1441)

      NRS 143.415  Abandonment of tangible personal property.  The personal representative who has limited authority or full authority has the power to abandon tangible personal property where the cost of collecting, maintaining and safeguarding the property would exceed its fair market value.

      (Added to NRS by 2011, 1441)

      NRS 143.420  Power to borrow and to encumber property of estate.

      1.  Subject to the limitations provided in subsection 2 and NRS 143.180, the personal representative who has limited authority or full authority has the following powers:

      (a) The power to borrow; and

      (b) The power to place, replace, renew or extend any encumbrance upon any property of the estate.

      2.  Only a personal representative who has full authority has the power to borrow money with the loan secured by an encumbrance upon real property.

      (Added to NRS by 2011, 1441)

      NRS 143.425  Grant of option to purchase real property of estate.  The personal representative who has full authority has the power to grant an option to purchase real property of the estate for a period within or beyond the period of administration.

      (Added to NRS by 2011, 1441)

      NRS 143.430  Transfer of property to person exercising option to purchase provided in will.  If the will gives a person the option to purchase real or personal property and the person has complied with the terms and conditions stated in the will, the personal representative who has limited authority or full authority has the power to convey or transfer the property to the person.

      (Added to NRS by 2011, 1442)

      NRS 143.435  Conveyance or transfer of real or personal property under certain circumstances.  The personal representative who has limited authority or full authority has the power to convey or transfer real or personal property to complete a contract entered into by the decedent to convey or transfer the property.

      (Added to NRS by 2011, 1442)

      NRS 143.440  Determination of claims to property.  The personal representative who has limited authority or full authority has the power to allow, compromise or settle any of the following:

      1.  A third-party claim to real or personal property if the decedent died in possession of, or holding title to, the property; or

      2.  The decedent’s claim to real or personal property, title to or possession of which is held by another.

      (Added to NRS by 2011, 1442)

      NRS 143.445  Disclaimers.  The personal representative who has limited authority or full authority has the power to make a disclaimer.

      (Added to NRS by 2011, 1442)

      NRS 143.450  Preliminary distributions authorized under certain circumstances.  If the time for filing creditor claims has expired and it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, the personal representative who has limited authority or full authority has the power to make preliminary distributions of the following:

      1.  Income received during administration to the persons entitled thereto pursuant to the decedent’s will or by intestate succession.

      2.  Household furniture and furnishings, motor vehicles, clothing, jewelry and other tangible articles of a personal nature to the persons entitled to the property under the decedent’s will, not to exceed an aggregate fair market value to all persons of $50,000 computed cumulatively through the date of distribution. Fair market value must be determined on the basis of the inventory and appraisal.

      3.  Cash to general pecuniary devisees entitled to it under the decedent’s will, not to exceed $10,000 to any one person.

      (Added to NRS by 2011, 1442)

      NRS 143.455  Actions concerning claims by, for the benefit of, or against the estate.  The personal representative who has limited authority or full authority has the power to do all the following:

      1.  Allow, pay, reject or contest any claim by or against the estate.

      2.  Compromise or settle a claim, action or proceeding by or for the benefit of, or against, the decedent, the personal representative or the estate.

      3.  Release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible.

      4.  Allow a claim to be filed after the expiration of the time for filing the claim.

      (Added to NRS by 2011, 1442)

      NRS 143.460  Commencement and defense of certain actions and proceedings.  The personal representative who has limited authority or full authority has the power to do all the following:

      1.  Commence and maintain actions and proceedings for the benefit of the estate.

      2.  Defend actions and proceedings against the decedent, the personal representative or the estate.

      (Added to NRS by 2011, 1442)

      NRS 143.465  Modification of terms of obligation to or in favor of decedent.  The personal representative who has limited authority or full authority has the power to extend, renew or in any manner modify the terms of an obligation owing to or in favor of the decedent or the estate.

      (Added to NRS by 2011, 1442)

Powers the Exercise of Which Require Giving Notice of Proposed Action Under Certain Circumstances

      NRS 143.500  Exercise of powers by personal representative; exceptions.  Except as otherwise provided in NRS 143.500 to 143.540, inclusive, the personal representative who has limited authority or full authority may exercise the powers described in NRS 143.500 to 143.540, inclusive, without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      (Added to NRS by 2011, 1443)

      NRS 143.505  Management and control of estate property.

      1.  The personal representative who has limited authority or full authority has the power to manage and control property of the estate, including making allocations and determinations pursuant to NRS 164.780 to 164.925, inclusive. Except as otherwise provided in subsection 2, such a personal representative may exercise this power without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      2.  The personal representative shall comply with the requirements of NRS 143.700 to 143.760, inclusive, and shall give notice of a proposed action in any case where a provision of NRS 143.400 to 143.450, inclusive, governing the exercise of a specific power so requires.

      (Added to NRS by 2011, 1443)

      NRS 143.510  Power to enter contracts without notice; exception.

      1.  The personal representative who has limited authority or full authority has the power to enter into a contract to carry out the exercise of a specific power granted pursuant to NRS 143.300 to 143.815, inclusive, including, without limitation, the powers granted by NRS 143.505 and 143.605. Except as otherwise provided in subsection 2, the personal representative may exercise this power without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      2.  The personal representative shall comply with the requirements of NRS 143.700 to 143.760, inclusive, and shall give notice of a proposed action where the contract is one that by its provisions is not to be fully performed within 2 years after the date the parties entered into the contract, except that the personal representative is not required to comply with those requirements if the personal representative has the unrestricted right under the contract to terminate the contract within 2 years after the date the parties entered into the contract.

      3.  Nothing in this section excuses compliance with the requirements of NRS 143.700 to 143.760, inclusive, when the contract is made to carry out the exercise of a specific power, and the provision that grants that power requires compliance with NRS 143.700 to 143.760, inclusive, for the exercise of the power.

      (Added to NRS by 2011, 1443)

      NRS 143.515  Deposit and investment of money of estate.

      1.  The personal representative who has limited authority or full authority has the power to do all the following:

      (a) Deposit money belonging to the estate in an insured account in a financial institution in this State;

      (b) Invest money of the estate in any one or more of the following:

             (1) Direct obligations of the United States, or of the State of Nevada, maturing not later than 1 year after the date of making the investment;

             (2) Savings accounts in a bank, credit union or savings and loan association in this State, to the extent that the deposit is insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755;

             (3) Interest-bearing obligations of, or fully guaranteed by, the United States;

             (4) Interest bearing obligations of the United States Postal Service or the Federal National Mortgage Association;

             (5) Interest-bearing obligations of this State or of a county, city or school district of this State; or

             (6) Money-market mutual funds that are invested only in obligations listed in subparagraphs (1) to (5), inclusive; or

      (c) Invest money of the estate in any manner provided by the will.

      2.  The personal representative may exercise the powers described in subsection 1 without giving notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      (Added to NRS by 2011, 1443)

      NRS 143.520  Continuation of partnership or other business.

      1.  Subject to the partnership agreement and the applicable provisions of chapter 87 of NRS, the personal representative who has limited authority or full authority has the power to continue as a general partner in any partnership in which the decedent was a general partner at the time of death.

      2.  The personal representative who has limited authority or full authority has the power to continue operation of any of the following:

      (a) An unincorporated business or joint venture in which the decedent was engaged at the time of the decedent’s death.

      (b) An unincorporated business or joint venture which was wholly or partly owned by the decedent at the time of the decedent’s death.

      3.  Except as otherwise provided in subsection 4, the personal representative may exercise the powers described in subsections 1 and 2 without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      4.  The personal representative shall give notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive, if the personal representative continues as a general partner under subsection 1, or continues the operation of any unincorporated business or joint venture under subsection 2, for a period of more than 6 months after the date on which letters are first issued to a personal representative.

      (Added to NRS by 2011, 1444)

      NRS 143.525  Payment of family allowance.

      1.  The personal representative who has limited authority or full authority has the power to pay a reasonable family allowance. Except as otherwise provided in subsection 2, the personal representative may exercise this power without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      2.  The personal representative shall give notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive, for all the following:

      (a) Making the first payment of a family allowance.

      (b) Making the first payment of a family allowance for a period commencing more than 12 months after the death of the decedent.

      (c) Making any increase in the amount of the payment of a family allowance.

      (Added to NRS by 2011, 1444)

      NRS 143.530  Lease of property of estate.

      1.  The personal representative who has limited authority or full authority has the power to enter as lessor into a lease of property of the estate for:

      (a) Any purpose, including, without limitation, exploration for and production or removal of minerals, oil, gas or other hydrocarbon substances or geothermal energy, including a community oil lease or a pooling or unitization agreement;

      (b) A period within or beyond the period of administration; and

      (c) Rental or royalty, or both, and upon such other terms and conditions as the personal representative may determine.

      2.  Except as otherwise provided in subsections 3 and 4, the personal representative may exercise this power without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      3.  The personal representative shall give notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive, where the personal representative enters into a lease of real property for a term in excess of 1 year. If the lease gives the lessee the right to extend the term of the lease, the lease must be considered as if the right to extend has been exercised.

      4.  The personal representative shall give notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive, where the personal representative enters into a lease of personal property and the lease is one that by its provisions is not to be fully performed within 2 years after the date the parties entered into the lease, except that the personal representative is not required to give notice of a proposed action if the personal representative has the unrestricted right under the lease to terminate the lease within 2 years after the date the parties entered into the lease.

      (Added to NRS by 2011, 1444)

      NRS 143.535  Sale or exchange of personal property.

      1.  The personal representative who has limited authority or full authority has the power to sell personal property of the estate or to exchange personal property of the estate for other property upon such terms and conditions as the personal representative may determine. Except as otherwise provided in subsection 2, the personal representative shall give notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive, in exercising this power.

      2.  The personal representative may exercise the power granted by subsection 1 without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive, in case of the sale or exchange of any of the following:

      (a) A security sold on an established stock or bond exchange;

      (b) A security designated as a national market system security on an interdealer quotation system, or subsystem thereof, by the National Association of Securities Dealers Automated Quotations System, NASDAQ, sold through a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a et seq., during the regular course of business of the broker-dealer;

      (c) Subscription rights for the purchase of additional securities which are owned by the estate by reason of the estate’s ownership in securities if those rights are sold for cash; or

      (d) Personal property which is perishable if the property is sold for cash.

      (Added to NRS by 2011, 1445)

      NRS 143.540  Grant of exclusive right to sell property.

      1.  The personal representative who has limited authority or full authority has the following powers:

      (a) The power to grant an exclusive right to sell property for a period not to exceed 90 days.

      (b) The power to grant to the same broker one or more extensions of an exclusive right to sell property, each extension being for a period not to exceed 90 days.

      2.  Except as otherwise provided in subsection 3, the personal representative may exercise the powers described in subsection 1 without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      3.  The personal representative shall give notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive, where the personal representative grants to the same broker an extension of an exclusive right to sell property and the period of the extension, together with the periods of the original exclusive right to sell the property and any previous extensions of that right, is more than 270 days.

      (Added to NRS by 2011, 1445)

Powers Exercisable Without Giving Notice of Proposed Action

      NRS 143.600  Exercise of powers by personal representative.  The personal representative who has limited authority or full authority may exercise the powers described in NRS 143.600 to 143.655, inclusive, without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.

      (Added to NRS by 2011, 1446)

      NRS 143.605  Additional powers of personal representative.  In addition to the powers granted to the personal representative pursuant to NRS 143.300 to 143.815, inclusive, the personal representative who has limited authority or full authority has all the powers that the personal representative could exercise without court supervision if the personal representative had not been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1446)

      NRS 143.610  Conveyance or transfer of property under certain circumstances.  The personal representative who has limited authority or full authority has the power to convey or transfer property to carry out the exercise of a specific power granted pursuant to NRS 143.300 to 143.815, inclusive.

      (Added to NRS by 2011, 1446)

      NRS 143.615  Payment of taxes, assessments and expenses.  The personal representative who has limited authority or full authority has the power to pay all the following:

      1.  Taxes and assessments.

      2.  Expenses incurred in the collection, care and administration of the estate.

      (Added to NRS by 2011, 1446)

      NRS 143.620  Purchase of annuity under certain circumstances.  The personal representative who has limited authority or full authority has the power to purchase an annuity from an insurer admitted to do business in this State to satisfy a devise of an annuity or other direction in the will for periodic payments to a devisee.

      (Added to NRS by 2011, 1446)

      NRS 143.625  Exercise of option.  The personal representative who has limited authority or full authority has the power to exercise an option right that is property of the estate.

      (Added to NRS by 2011, 1446)

      NRS 143.630  Purchase of securities or commodities to perform incomplete contract of sale.  The personal representative who has limited authority or full authority has the power to purchase securities or commodities required to perform an incomplete contract of sale where the decedent died having sold but not delivered securities or commodities not owned by the decedent.

      (Added to NRS by 2011, 1446)

      NRS 143.635  Holding securities in name of nominee or in any other form for certain purposes.  The personal representative who has limited authority or full authority has the power to hold a security in the name of a nominee or in any other form without disclosure of the estate, so that title to the security may pass by delivery.

      (Added to NRS by 2011, 1446)

      NRS 143.640  Exercise of security subscription or conversion rights.  The personal representative who has limited authority or full authority has the power to exercise security subscription or conversion rights.

      (Added to NRS by 2011, 1446)

      NRS 143.645  Repairs and improvements to property of estate.  The personal representative who has limited authority or full authority has the power to make repairs and improvements to real and personal property of the estate.

      (Added to NRS by 2011, 1446)

      NRS 143.650  Acceptance of deed or deed of trust in lieu of foreclosure or trustee’s sale.  The personal representative who has limited authority or full authority has the power to accept a deed to property which is subject to a mortgage or deed of trust in lieu of foreclosure of the mortgage or sale under the deed of trust.

      (Added to NRS by 2011, 1447)

      NRS 143.655  Partial satisfaction of mortgage or partial reconveyance under deed of trust.  The personal representative who has limited authority or full authority has the power to give a partial satisfaction of a mortgage or to cause a partial reconveyance to be executed by a trustee under a deed of trust held by the estate.

      (Added to NRS by 2011, 1447)

Procedures Relating to Notice of Proposed Action

      NRS 143.700  Circumstances pursuant to which notice of proposed action is required or authorized.

      1.  A personal representative who has been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, shall give notice of a proposed action as provided in NRS 143.700 to 143.760, inclusive, before taking the proposed action without court supervision if the provisions of NRS 143.365 to 143.655, inclusive, giving the personal representative the power to take the action so require. Nothing in this subsection authorizes a personal representative to take an action pursuant to NRS 143.300 to 143.815, inclusive, if the personal representative does not have the power to take the action pursuant to those provisions.

      2.  A personal representative who has been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, may give notice of a proposed action as provided in NRS 143.700 to 143.760, inclusive, even if the provisions of NRS 143.365 to 143.655, inclusive, giving the personal representative the power to take the action authorize the personal representative to take the action without giving notice of the proposed action. Nothing in this subsection requires the personal representative to give notice of a proposed action where not required under subsection 1 or authorizes a personal representative to take any action that the personal representative is not otherwise authorized to take.

      (Added to NRS by 2011, 1447)

      NRS 143.705  Persons to whom notice of proposed action is required to be given.  Except as otherwise provided in NRS 143.710 and 143.715, notice of a proposed action must be given to all the following:

      1.  Each known devisee whose interest in the estate would be affected by the proposed action.

      2.  Each known heir whose interest in the estate would be affected by the proposed action.

      3.  Each person who has filed a request for special notice pursuant to NRS 155.030.

      4.  The Attorney General, at the Office of the Attorney General in Carson City, if any portion of the estate is to escheat to the State and its interest in the estate would be affected by the proposed action.

      (Added to NRS by 2011, 1447)

      NRS 143.710  Consent to proposed action.  Notice of a proposed action need not be given to any person who consents in writing to the proposed action. The consent may be executed at any time before or after the proposed action is taken.

      (Added to NRS by 2011, 1447)

      NRS 143.715  Waiver of notice for particular proposed action; general waiver of notice of proposed action.

      1.  Notice of a proposed action need not be given to any person who, in writing, waives the right to notice of a proposed action with respect to the particular proposed action. The waiver may be executed at any time before or after the proposed action is taken. The waiver must describe the particular proposed action and may waive particular aspects of the notice, such as the delivery, mailing or time requirements of NRS 143.730 or the giving of the notice in its entirety for the particular proposed action.

      2.  Notice of a proposed action need not be given to any person who has made either of the following:

      (a) A general waiver of the right to notice of a proposed action.

      (b) A waiver of the right to notice of a proposed action for all transactions of a type which includes the particular proposed action.

      (Added to NRS by 2011, 1447)

      NRS 143.720  Revocation of consent to proposed action or waiver of notice of proposed action.

      1.  A waiver or consent pursuant to NRS 143.710 or 143.715 may be revoked only in writing and is effective only when the writing is received by the personal representative.

      2.  A copy of the revocation may be filed with the court, but the effectiveness of the revocation is not dependent upon a copy being filed with the court.

      (Added to NRS by 2011, 1448)

      NRS 143.725  Contents of notice of proposed action.

      1.  The notice of proposed action must state all the following:

      (a) The name and mailing address of the personal representative.

      (b) The person and telephone number to call to get additional information.

      (c) The action proposed to be taken, with a reasonably specific description of the action. If the proposed action involves the sale or exchange of real property or the granting of an option to purchase real property, the notice of proposed action must state the material terms of the transaction, including, if applicable, the sale price and the amount of, or method of calculating, any commission or compensation paid or to be paid to an agent or broker in connection with the transaction.

      (d) The date on or after which the proposed action is to be taken.

      2.  The notice of proposed action must include a form for objecting to the proposed action.

      (Added to NRS by 2011, 1448)

      NRS 143.730  Requirements for delivery of notice of proposed action.  The notice of proposed action must be mailed or personally delivered to each person required to be given notice of the proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken. If mailed, the notice of proposed action must be addressed to the person at the person’s last known address. The notice of proposed action must be mailed or delivered in the manner provided in NRS 155.010.

      (Added to NRS by 2011, 1448)

      NRS 143.735  Objection to proposed action; requirements for delivery; form; notice of objection to personal representative.

      1.  Any person entitled to notice of a proposed action under NRS 143.705 may object to the proposed action as provided in this section.

      2.  The objection to the proposed action must be made by delivering or mailing a written objection to the proposed action to the personal representative at the address stated in the notice of proposed action. The person objecting to the proposed action may use the form provided in NRS 143.810 or may make the objection in any other writing that identifies the proposed action with reasonable certainty and indicates that the person objects to the taking of the proposed action.

      3.  The personal representative is deemed to have notice of the objection to the proposed action if the notice is delivered or received at the address stated in the notice of proposed action before:

      (a) The date specified in the notice of proposed action on or after which the proposed action is to be taken; or

      (b) The date on which the proposed action is actually taken,

Ê whichever occurs later.

      (Added to NRS by 2011, 1448)

      NRS 143.740  Restraining order prohibiting proposed action without court supervision; notice of restraining order to personal representative.

      1.  Any person who is entitled to notice of a proposed action for a proposed action described in subsection 1 of NRS 143.700, or any person who is given notice of a proposed action described in subsection 2 of NRS 143.700, may apply to the court having jurisdiction over the proceeding for an order restraining the personal representative from taking the proposed action without court supervision. The court shall grant the requested order without requiring notice to the personal representative and without cause being shown for the order.

      2.  The personal representative is deemed to have notice of the restraining order if the notice is given and served upon the personal representative in the manner provided in NRS 155.040 and 155.050, or in the manner authorized by the court, before:

      (a) The date specified in the notice of proposed action on or after which the proposed action is to be taken; or

      (b) The date on which the proposed action is actually taken,

Ê whichever occurs later.

      (Added to NRS by 2011, 1449)

      NRS 143.745  Court authorization or confirmation required if personal representative receives notice of objection or of restraining order.

      1.  If the proposed action is one that would require court supervision if the personal representative had not been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, and the personal representative has notice of a written objection made pursuant to NRS 143.735 or a restraining order issued pursuant to NRS 143.740, the personal representative shall, if the personal representative desires to take the proposed action, petition the court to obtain approval from the court.

      2.  If the proposed action is one that would not require court supervision even if the personal representative had not been granted authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, but the personal representative has given notice of the proposed action and has notice of a written objection made pursuant to NRS 143.735 or a restraining order issued pursuant to NRS 143.740, the personal representative shall, if he or she desires to take the proposed action, request instructions from the court concerning the proposed action. The personal representative may take the proposed action only under such order as may be entered by the court.

      3.  A person who objects to a proposed action as provided in NRS 143.735 or serves a restraining order issued pursuant to NRS 143.740 in the manner provided in that section must be given notice of any hearing on a petition for court authorization or confirmation of the proposed action.

      (Added to NRS by 2011, 1449)

      NRS 143.750  Effect of failure to object to proposed action; court review of action by personal representative under certain circumstances.

      1.  Except as otherwise provided in subsection 3, only a person described in NRS 143.705 has a right to have the court review the proposed action after it has been taken or otherwise to object to the proposed action after it has been taken. Except as otherwise provided in subsections 2 and 3, a person described in NRS 143.705 waives the right to have the court review the proposed action after it has been taken, or otherwise to object to the proposed action after it has been taken, if:

      (a) The person has been given notice of the proposed action, as provided in NRS 143.700 to 143.730, inclusive, and fails to object as provided in subsection 4; or

      (b) The person has waived notice of or consented to the proposed action as provided in NRS 143.710 and 143.715.

      2.  Unless the person has waived notice of or consented to the proposed action as provided in NRS 143.710 and 143.715, the court may review the action taken upon a petition filed by a person described in NRS 143.705 who establishes that he or she did not actually receive the notice of proposed action before the time to object pursuant to subsection 4 expired.

      3.  The court may review the action of the personal representative upon a petition filed by an heir or devisee who establishes all the following:

      (a) At the time notice of the proposed action was given, the heir or devisee lacked capacity to object to the proposed action or was a minor;

      (b) No notice of proposed action was actually received by the guardian, conservator or other legal representative of the heir or devisee;

      (c) The guardian, conservator or other legal representative did not waive notice of the proposed action; and

      (d) The guardian, conservator or other legal representative did not consent to the proposed action.

      4.  For the purposes of this section, an objection to a proposed action is made only by one or both of the following methods:

      (a) Delivering or mailing a written objection as provided in NRS 143.735 within the time specified in subsection 3 of that section; or

      (b) Serving a restraining order obtained pursuant to NRS 143.740 in the manner prescribed and within the time specified in subsection 2 of that section.

      (Added to NRS by 2011, 1449)

      NRS 143.755  Failure of personal representative to comply with certain requirements; validity of actions taken without such compliance.

      1.  The failure of the personal representative who has limited authority or full authority to comply with subsection 1 of NRS 143.700 and with NRS 143.705, 143.725, 143.730 and 143.745, and the taking of the action by the personal representative without such compliance, does not affect the validity of the action so taken or the title to any property conveyed or transferred to bona fide purchasers or the rights of third persons who, dealing in good faith with the personal representative, changed their position in reliance upon the action, conveyance or transfer without actual notice of the failure of the personal representative to comply with those provisions.

      2.  A person dealing with the personal representative does not have any duty to inquire or investigate whether the personal representative has complied with the provisions listed in subsection 1.

      (Added to NRS by 2011, 1450)

      NRS 143.760  Court authorized to remove personal representative from office under certain circumstances.

      1.  In a case where notice of a proposed action is required by NRS 143.700 to 143.760, inclusive, the court, in its discretion, may remove the personal representative from office unless the personal representative:

      (a) Gives notice of the proposed action as provided in NRS 143.700 to 143.760, inclusive;

      (b) Obtains a waiver of notice of the proposed action as provided in NRS 143.700 to 143.760, inclusive; or

      (c) Obtains a consent to the proposed action as provided in NRS 143.700 to 143.760, inclusive.

      2.  The court, in its discretion, may remove the personal representative from office if the personal representative takes a proposed action in violation of NRS 143.745.

      (Added to NRS by 2011, 1450)

Forms

      NRS 143.800  Letters testamentary or letters of administration.  Letters testamentary or letters of administration pursuant to the Independent Administration of Estates Act as set forth in NRS 143.300 to 143.815, inclusive, may be in the following form:

 

LETTERS TESTAMENTARY / ADMINISTRATION

 

       On .............................., 20......., the court entered an order admitting the decedent’s will to probate and appointing [........................................] as personal representative of the decedent’s estate. The order includes:

 

       [ ] full authority for the personal representative to administer the estate pursuant to the Independent Administration of Estates Act.

 

       [ ] limited authority to administer the estate pursuant to the Independent Administration of Estates Act. (There is no authority, without court supervision, to: (1) sell or exchange real property; (2) grant an option to purchase real property; or (3) borrow money with the loan secured by an encumbrance upon real property.)

 

       [ ] a directive for the establishment of a blocked account for sums in excess of $....................;

 

       [ ] a directive for the posting of a bond in the sum of $....................; or

 

       [ ] a directive for both the establishment of a blocked account for sums in excess of $.................... and the posting of a bond in the sum of $.....................

 

       The personal representative, after being duly qualified, may act and has the authority and duties of a personal representative.

 

       In testimony of which, I have this date signed these letters and affixed the seal of the court.

 

       CLERK OF THE COURT

       By:                                                    

       Deputy Clerk

       Date:                                                

 

OATH

 

       I, [..............................], whose mailing address is ......................................, solemnly affirm that I will faithfully perform according to law the duties of personal representative, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.

                                                                  

       [                                                           ], Personal Representative

 

SUBSCRIBED AND AFFIRMED

before me this ........ (day) of ............, 20......

By:..................................................................

       NOTARY PUBLIC

County of .................., State of Nevada

 

      (Added to NRS by 2011, 1450)

      NRS 143.805  Notice of proposed action.  A notice of proposed action pursuant to the Independent Administration of Estates Act as set forth in NRS 143.300 to 143.815, inclusive, may be in the following form:

 

NOTICE OF PROPOSED ACTION

Independent Administration of Estates Act

 

       1.  The personal representative of the estate of the deceased is ...............................

       2.  The personal representative has authority to administer the estate without court supervision pursuant to the Independent Administration of Estates Act:

 

       [ ] with full authority pursuant to the Independent Administration of Estates Act; or

       [ ] with limited authority pursuant to the Independent Administration of Estates Act. (There is no authority, without court supervision, to: (1) sell or exchange real property; (2) grant an option to purchase real property; or (3) borrow money with the loan secured by an encumbrance upon real property.)

 

       3.  On or after .................................. (date), the personal representative will take the following action without court supervision:

 

Describe in specific terms the proposed action.

 

If the action involves the sale or exchange of or a grant of an option to purchase real property, provide the sale price, the amount of or method of calculating any commission or compensation of the real estate broker and the value of the property in the probate inventory.

 

NOTICE:  A sale of real property without court supervision means that the sale will NOT be presented to the court for confirmation at a hearing at which higher bids for the property may be presented and the property sold to the highest bidder.

 

       4.  If you OBJECT to the proposed action:

       (a) Sign the objection form provided with this Notice of Proposed Action and deliver or mail it to the personal representative at the following address .................................. (specify name and address);

       (b) Send your own written objection to the address set forth in paragraph (a), identifying the proposed action and state that you object to it; or

       (c) Apply to the court for an order preventing the personal representative from taking the proposed action without court supervision.

 

NOTE:  Your written objection or the court order must be received by the personal representative before the date indicated in item 3 or before the proposed action is taken, whichever is later. If you object, the personal representative may take the proposed action only under court supervision.

 

       5.  If you approve of the proposed action, you may sign the consent form provided with this Notice of Proposed Action and return it to the address set forth in paragraph (a) of item 4. If you do not object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

 

       6.  If you need more INFORMATION, call: ................................. (name) ................................ (telephone).

 

Date: ...............................................

 

      

       Personal Representative

 

      (Added to NRS by 2011, 1452)

      NRS 143.810  Objection to proposed action.  An objection to a proposed action pursuant to the Independent Administration of Estates Act as set forth in NRS 143.300 to 143.815, inclusive, may be in the following form:

 

OBJECTION TO PROPOSED ACTION

 

I OBJECT to the action proposed in item 3 of the Notice of Proposed Action.

 

NOTICE:  Sign and return this form – all pages – to the address set forth in paragraph (a) of item 4 of the Notice of Proposed Action. This form must be received before the date set forth in item 3 of the Notice of Proposed Action, or before the proposed action is taken, whichever is later. (You may want to use certified mail, with return receipt requested. Make a copy of this form for your records.)

 

Date: .......................................................

 

       ............................................................                

       Type or print name                                                   Signature of Objector

 

      (Added to NRS by 2011, 1453)

      NRS 143.815  Consent to proposed action.  Consent to a proposed action pursuant to the Independent Administration of Estates Act as set forth in NRS 143.300 to 143.815, inclusive, may be in the following form:

 

CONSENT TO PROPOSED ACTION

 

I CONSENT to the action proposed in item 3 of the Notice of Proposed Action.

 

NOTICE:  You may indicate your consent by signing and returning this form – all pages – to the address set forth in paragraph (a) of item 4 of the Notice of Proposed Action. If you do not object in writing or obtain a court order, you will be treated as if you consent to the proposed action.

 

Date: .......................................................

 

       ............................................................                

       Type or print name                                                   Signature of Objector

 

      (Added to NRS by 2011, 1453)