[Rev. 11/21/2013 9:49:07 AM--2013]

CHAPTER 150 - COMPENSATION AND ACCOUNTING

COMMISSIONS

NRS 150.010           Expenses and compensation of personal representative.

NRS 150.020           General compensation.

NRS 150.025           Compensation of personal representative who is an attorney.

NRS 150.030           Compensation for extraordinary services.

NRS 150.040           Contracts for higher compensation void.

NRS 150.050           Allowance on compensation.

ATTORNEY’S FEES

NRS 150.060           Attorneys for personal representatives and minor, absent, unborn, incapacitated or nonresident heirs: General compensation.

NRS 150.0605         Attorneys for petitioners generally: Compensation when estate’s value does not exceed $100,000.

NRS 150.061           Attorneys for personal representatives: Compensation for extraordinary services.

NRS 150.063           Attorneys for personal representatives: Apportionment of compensation for two or more attorneys.

NRS 150.065           Attorneys for personal representatives: Allowance of compensation after period for creditors to file claims against estate.

NRS 150.067           Attorneys for personal representatives: Final compensation; petition; notice; hearing and order.

RENDERING OF EXHIBITS AND ACCOUNTS

NRS 150.070           Liability of personal representative; accounting required for property sold over inventoried value.

NRS 150.075           Waiver of accounting.

NRS 150.080           First account: Filing and contents.

NRS 150.100           Penalties for failure to file first account.

NRS 150.105           Annual account: Contents.

NRS 150.110           Final account: Filing; penalties for failure to file.

NRS 150.115           Supplementary account to final account.

NRS 150.120           Accounting when authority of personal representative ceases.

NRS 150.130           Accounts of deceased or incapacitated personal representative: Accounting by personal representative, guardian or attorney.

NRS 150.140           Revocation of letters when personal representative absconds and fails to account.

NRS 150.150           Vouchers for payments: Filing not required; examination and audit; lost or unavailable.

NRS 150.160           Account and petition for settlement: Hearing and notice.

NRS 150.170           Contest of account: Rights of interested person; hearing.

NRS 150.180           Appointment of attorney to represent minor, unborn, incapacitated or absent heirs and devisees; fees.

NRS 150.190           Proof of notice necessary before allowance of account.

NRS 150.200           Allowance and confirmation of account.

NRS 150.210           Effect of order settling account.

PAYMENT OF DEBTS, EXPENSES AND CHARGES

NRS 150.225           Payments to be made according to will; sources of payment if provision or property of will insufficient.

NRS 150.230           Duty to pay certain expenses, allowances, debts and claims upon receipt of sufficient money; discretion to pay certain smaller debts; funeral expenses and expenses of last illness not charged to community share of surviving spouse.

NRS 150.240           Order of court for payment of debts; treatment of classes of creditors; discharge of personal representative upon compliance with order if property of estate exhausted.

NRS 150.250           Claims not yet due and contingent or disputed claim.

NRS 150.260           Liability of personal representative.

NRS 150.270           Claim not included in order of payment.

NRS 150.280           Closing administration.

APPORTIONMENT OF FEDERAL ESTATE TAX

NRS 150.290           Short title.

NRS 150.300           Definitions.

NRS 150.310           Proration of tax among persons interested in estate; exceptions.

NRS 150.320           Direction for apportionment of estate tax: Precedence; limitation.

NRS 150.330           Jurisdiction of court; methods of proration.

NRS 150.340           Present and future estates: Charge of tax against corpus without apportionment.

NRS 150.350           Property not possessed by personal representative: Recovery from person in possession or interested in estate; court may direct payment; expenses.

NRS 150.360           Court order directing amounts of tax to be charged against or paid by takers of estate.

NRS 150.370           Retention of jurisdiction by court.

NRS 150.380           Apportionment of tax and expenses imposed and incurred on property located or administered in this State in estate of nonresident.

OTHER FEDERAL TAXES

NRS 150.400           Apportionment; limitations.

_________

COMMISSIONS

      NRS 150.010  Expenses and compensation of personal representative.  A personal representative must be allowed all necessary expenses in the administration and settlement of the estate, and fees for services as provided by law, but if the decedent by will makes some other provision for the compensation of the personal representative, this shall be deemed a full compensation for those services, unless within 60 days after his or her appointment the personal representative files a renunciation, in writing, of all claim for the compensation provided by the will.

      [206:107:1941; 1931 NCL § 9882.206]—(NRS A 1999, 2329; 2003, 2514; 2011, 1455)

      NRS 150.020  General compensation.

      1.  If no compensation is provided by the will, or the personal representative renounces all claims thereto, fees must be allowed upon the whole amount of the estate which has been accounted for, less liens and encumbrances, as follows:

      (a) For the first $15,000, at the rate of 4 percent.

      (b) For the next $85,000, at the rate of 3 percent.

      (c) For all above $100,000, at the rate of 2 percent.

      2.  The same fees must be allowed to the personal representative if there is no will.

      3.  If there are two or more personal representatives, the compensation must be apportioned among them by the court according to the services actually rendered by each.

      4.  In addition to the fees described in subsection 1, the court may allow such fees as it deems just and reasonable if the fees authorized pursuant to subsection 1 are not sufficient to reasonably compensate the personal representative.

      [207:107:1941; 1931 NCL § 9882.207]—(NRS A 1987, 511; 1999, 2330; 2009, 1632)

      NRS 150.025  Compensation of personal representative who is an attorney.

      1.  Notwithstanding any provision to the contrary in the will, a personal representative who is an attorney retained to perform services for the personal representative may receive compensation for services as a personal representative or for services as an attorney for the personal representative, but not both, unless the court:

      (a) Approves a different method of compensation in advance; and

      (b) Finds that method of compensation to be for the advantage, benefit and best interests of the decedent’s estate.

      2.  The provisions of this section shall not be construed to disallow compensation for services rendered by an attorney as a personal representative if:

      (a) Such services are included as part of the legal services of the attorney in a manner consistent with NRS 150.060; and

      (b) The attorney does not receive compensation pursuant to subsection 1 of NRS 150.020.

      3.  The services which are rendered by a personal representative who is an attorney and for which compensation is requested pursuant to this section include services rendered by an employee, associate or partner in the same firm of such an attorney and services rendered by an affiliate of such an attorney.

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

      (Added to NRS by 2011, 1455)

      NRS 150.030  Compensation for extraordinary services.  Such further allowances may be made as the court deems just and reasonable for any extraordinary services, such as:

      1.  Management, sales or mortgages of real or personal property.

      2.  Contested or litigated claims against the estate.

      3.  The adjustment and payments of extensive or complicated estate taxes.

      4.  Litigation in regard to the property of the estate.

      5.  The carrying on of the decedent’s business pursuant to an order of the court.

      6.  Such other litigation or special services as may be necessary for the personal representative to prosecute, defend or perform.

      [208:107:1941; 1931 NCL § 9882.208]—(NRS A 1975, 1776; 1999, 2330)

      NRS 150.040  Contracts for higher compensation void.  A contract between a personal representative and an heir or devisee for a higher compensation than that allowed by NRS 150.020 and 150.030 is void.

      [209:107:1941; 1931 NCL § 9882.209]—(NRS A 1999, 2330)

      NRS 150.050  Allowance on compensation.

      1.  A personal representative, at any time after the issuance of letters and upon such notice to the interested persons as the court requires, may apply to the court for an allowance upon his or her fees.

      2.  On the hearing, the court shall enter an order allowing a personal representative who applied to the court pursuant to subsection 1 such portion of the fees, for services rendered up to that time, as the court deems proper, and the portion so allowed may be charged against the estate.

      [210:107:1941; 1931 NCL § 9882.210]—(NRS A 1977, 1017; 1999, 2330; 2011, 1455)

ATTORNEY’S FEES

      NRS 150.060  Attorneys for personal representatives and minor, absent, unborn, incapacitated or nonresident heirs: General compensation.

      1.  An attorney for a personal representative is entitled to reasonable compensation for the attorney’s services, to be paid out of the decedent’s estate.

      2.  An attorney for a personal representative may be compensated based on:

      (a) The applicable hourly rate of the attorney;

      (b) The value of the estate accounted for by the personal representative;

      (c) An agreement as set forth in subsection 4 of NRS 150.061; or

      (d) Any other method preapproved by the court pursuant to a request in the initial petition for the appointment of the personal representative.

      3.  If the attorney is requesting compensation based on the hourly rate of the attorney, he or she may include, as part of that compensation for ordinary services, a charge for legal services or paralegal services performed by a person under the direction and supervision of the attorney.

      4.  If the attorney is requesting compensation based on the value of the estate accounted for by the personal representative, the allowable compensation of the attorney for ordinary services must be determined as follows:

      (a) For the first $100,000, at the rate of 4 percent;

      (b) For the next $100,000, at the rate of 3 percent;

      (c) For the next $800,000, at the rate of 2 percent;

      (d) For the next $9,000,000, at the rate of 1 percent;

      (e) For the next $15,000,000, at the rate of 0.5 percent; and

      (f) For all amounts above $25,000,000, a reasonable amount to be determined by the court.

      5.  Before an attorney may receive compensation based on the value of the estate accounted for by the personal representative, the personal representative must sign a written agreement as required by subsection 8. The agreement must be prepared by the attorney and must include detailed information, concerning, without limitation:

      (a) The schedule of fees to be charged by the attorney;

      (b) The manner in which compensation for extraordinary services may be charged by the attorney; and

      (c) The fact that the court is required to approve the compensation of the attorney pursuant to subsection 8 before the personal representative pays any such compensation to the attorney.

      6.  For the purposes of determining the compensation of an attorney pursuant to subsection 4, the value of the estate accounted for by the personal representative:

      (a) Is the total amount of the appraisal of property in the inventory, plus:

             (1) The gains over the appraisal value on sales; and

             (2) The receipts, less losses from the appraisal value on sales; and

      (b) Does not include encumbrances or other obligations on the property of the estate.

      7.  In addition to the compensation for ordinary services of an attorney set forth in this section, an attorney may also be entitled to receive compensation for extraordinary services as set forth in NRS 150.061.

      8.  The compensation of the attorney must be fixed by written agreement between the personal representative and the attorney, and is subject to approval by the court, after petition, notice and hearing as provided in this section. If the personal representative and the attorney fail to reach agreement, or if the attorney is also the personal representative, the amount must be determined and allowed by the court. The petition requesting approval of the compensation of the attorney must contain specific and detailed information supporting the entitlement to compensation, including:

      (a) If the attorney is requesting compensation based upon the value of the estate accounted for by the personal representative, the attorney must provide the manner of calculating the compensation in the petition; and

      (b) If the attorney is requesting compensation based on an hourly basis, or is requesting compensation for extraordinary services, the attorney must provide the following information to the court:

             (1) Reference to time and hours;

             (2) The nature and extent of services rendered;

             (3) Claimed ordinary and extraordinary services;

             (4) The complexity of the work required; and

             (5) Other information considered to be relevant to a determination of entitlement.

      9.  The clerk shall set the petition for hearing, and the petitioner shall give notice of the petition to the personal representative if he or she is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the fee which the court will be requested to approve or allow.

      10.  On similar petition, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings. If the attorney is requesting compensation based upon the value of the estate as accounted for by the personal representative, the court may apportion the compensation as it deems appropriate given the amount of work remaining to close the estate.

      11.  An heir or devisee may file objections to a petition filed pursuant to this section, and the objections must be considered at the hearing.

      12.  Except as otherwise provided in this subsection, an attorney for minor, absent, unborn, incapacitated or nonresident heirs is entitled to compensation primarily out of the estate of the distributee so represented by the attorney in those cases and to such extent as may be determined by the court. If the court finds that all or any part of the services performed by the attorney for the minor, absent, unborn, incapacitated or nonresident heirs was of value to the decedent’s entire estate as such and not of value only to those heirs, the court shall order that all or part of the attorney’s fee be paid to the attorney out of the money of the decedent’s entire estate as a general administrative expense of the estate. The amount of these fees must be determined in the same manner as the other attorney’s fees provided for in this section.

      [211:107:1941; 1931 NCL § 9882.211] + [Part 291:107:1941; 1931 NCL § 9882.291] + [Part 307:107:1941; 1931 NCL § 9882.307]—(NRS A 1971, 564; 1975, 1776; 1977, 1018; 1979, 1097; 1995, 20; 1999, 2330; 2009, 1632, 2524; 2011, 1455)

      NRS 150.0605  Attorneys for petitioners generally: Compensation when estate’s value does not exceed $100,000.  If the estate is set aside pursuant to NRS 146.070, the court may order reasonable attorney’s fees and costs to be paid from the assets being set aside directly to the attorney for the petitioner.

      (Added to NRS by 2011, 1455)

      NRS 150.061  Attorneys for personal representatives: Compensation for extraordinary services.

      1.  If an attorney for a personal representative receives compensation pursuant to NRS 150.060 based on the value of the estate accounted for by the personal representative, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable after petition, notice and hearing in the manner provided in NRS 150.060.

      2.  Extraordinary services by the attorney for a personal representative for which the court may allow compensation include extraordinary services performed by a paralegal under the direction and supervision of the attorney.

      3.  The petition requesting approval for compensation for extraordinary services must include the following information:

      (a) Reference to time and hours;

      (b) The nature and extent of services rendered;

      (c) The complexity of the work required;

      (d) The hours spent and services performed by a paralegal if the compensation includes extraordinary services performed by a paralegal as described in subsection 2; and

      (e) Other information considered to be relevant to a determination of entitlement.

      4.  An attorney for a personal representative may agree to perform extraordinary services on a contingency fee basis if:

      (a) There is a written agreement between the personal representative and the attorney that sets forth the manner in which the compensation is to be calculated and that is approved by the court after a hearing; and

      (b) The court determines that the compensation provided in the agreement is just and reasonable and that the agreement will be to the advantage of the estate and is in the best interests of the persons interested in the estate.

      5.  Notice of a hearing required by subsection 4 must be given for the period and in the manner provided in NRS 155.010.

      6.  As used in this section, “extraordinary services” include, without limitation:

      (a) Sales or mortgages of real or personal property;

      (b) Operating a decedent’s business;

      (c) Participating in litigation relating to the estate;

      (d) Securing a loan to pay debts relating to the estate; and

      (e) Preparing and filing income tax returns for the estate.

      (Added to NRS by 2009, 1629)

      NRS 150.063  Attorneys for personal representatives: Apportionment of compensation for two or more attorneys.

      1.  If there are two or more attorneys for a personal representative, the compensation must be apportioned among the attorneys by the court according to the services actually rendered by each attorney unless otherwise provided in an agreement by the attorneys.

      2.  If there are two or more personal representatives and the personal representatives have separate legal representation, each attorney for each personal representative is entitled to have the compensation for attorneys apportioned among the attorneys by the court according to the services actually rendered by each attorney unless otherwise provided in an agreement by the attorneys.

      (Added to NRS by 2009, 1630; A 2011, 1457)

      NRS 150.065  Attorneys for personal representatives: Allowance of compensation after period for creditors to file claims against estate.

      1.  At any time after the expiration of the period for creditors of the estate to file their claims in a summary or full administration pursuant to NRS 145.060 or 147.040, as applicable, a personal representative or an attorney for a personal representative may file a petition with the court for an allowance upon the compensation of the attorney for the personal representative.

      2.  The clerk shall set the petition for hearing and the petitioner shall give notice of the petition to the personal representative if he or she is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the compensation which the court will be requested to approve or allow and the manner in which the compensation was determined.

      3.  On the hearing, the court may enter an order allowing the portion of the compensation of the attorney for the personal representative for such services rendered up to that time as the court deems proper. The order must authorize the personal representative to charge against the estate the amount of compensation allowed by the court pursuant to this subsection.

      (Added to NRS by 2009, 1630; A 2011, 1458)

      NRS 150.067  Attorneys for personal representatives: Final compensation; petition; notice; hearing and order.

      1.  At the time of the filing of the final account and of a petition for an order for final distribution of the estate, the personal representative or the attorney for the personal representative may file a petition with the court for an order fixing and allowing the compensation of the attorney for the personal representative for all services rendered in the estate proceeding.

      2.  The request for compensation described in subsection 1 may be included in the final account or in the petition for an order for final distribution of the estate or may be made in a separate petition.

      3.  The clerk shall set the petition for hearing and the petitioner shall give notice of the petition to the personal representative if he or she is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the compensation which the court will be requested to approve or allow and the manner in which the compensation was determined.

      4.  On the hearing, the court shall make an order fixing and allowing the compensation for all services rendered in the estate proceeding. The order must authorize the personal representative to pay the attorney out of the estate the amount of compensation allowed by the court pursuant to this subsection less any amount paid to the attorney out of the estate pursuant to NRS 150.065.

      (Added to NRS by 2009, 1631)

RENDERING OF EXHIBITS AND ACCOUNTS

      NRS 150.070  Liability of personal representative; accounting required for property sold over inventoried value.

      1.  A personal representative is accountable for the whole estate that comes into the possession of the personal representative at the value of the appraisement contained in the inventory, except as otherwise provided in this title, and for all the interest, profit and income of the estate.

      2.  A personal representative is not accountable for any debts due the decedent that remain uncollected without his or her fault.

      3.  A personal representative shall not make profit by the increase nor suffer loss by the decrease or destruction of any part of the estate without his or her fault. The personal representative shall account for the excess when any part of the estate is sold for more than the inventoried value and, if any assets are sold for less than that value, the personal representative is not responsible for the loss if the sale has been made according to law.

      [203:107:1941; 1931 NCL § 9882.203] + [204:107:1941; 1931 NCL § 9882.204] + [205:107:1941; 1931 NCL § 9882.205]—(NRS A 1999, 2331)

      NRS 150.075  Waiver of accounting.  Notwithstanding any other provision of this chapter, the court may waive the requirement of any accounting if all interested persons agree in writing to the waiver.

      (Added to NRS by 2001, 2348)

      NRS 150.080  First account: Filing and contents.  Within 6 months after the appointment of a personal representative, or sooner if required by the court, upon its own motion or upon the petition of an interested person, a personal representative shall file with the clerk the first, verified account, showing:

      1.  The amount of money received and expended by the personal representative.

      2.  The claims filed or presented against the estate, giving the name of each claimant, the nature of his or her claim, when it became due or will become due, whether it was allowed or rejected by the personal representative, or not yet acted upon.

      3.  All other matters necessary to show the condition of the estate.

      [213:107:1941; 1931 NCL § 9882.213]—(NRS A 1999, 2332; 2001, 164)

      NRS 150.100  Penalties for failure to file first account.

      1.  If the personal representative fails to file the first account within the time specified in NRS 150.080, the court shall order a citation to issue requiring the personal representative to file the account by a time to be stated in the citation, as fixed by the court, or appear and show cause why the personal representative should not be compelled to file the account.

      2.  If the personal representative fails to file the account by the time stated, or show cause why not, the court, by attachment or other proper process, may compel the personal representative to file such an account or may revoke the letters, or both, and like action may be taken in reference to any subsequent account the personal representative may be required to file.

      [214:107:1941; 1931 NCL § 9882.214]—(NRS A 1999, 2332)

      NRS 150.105  Annual account: Contents.  Until all remaining property is delivered pursuant to an order of final distribution, a personal representative shall file with the court, annually, an account showing the income the personal representative has received, what expenditures he or she has made, what property has been disbursed, or sold and at what price, and the nature and value of the property remaining on hand.

      (Added to NRS by 1999, 2329)

      NRS 150.110  Final account: Filing; penalties for failure to file.

      1.  If all the property of an estate has been sold or there is money available for the payment of all debts due by the estate, and the estate is in a proper condition to be closed, the personal representative shall file a final account and request a settlement of his or her administration.

      2.  If the personal representative neglects to file a final account, the same proceedings may be had as prescribed in this chapter in regard to the first account to be filed by the personal representative, and all the provisions relative to the first account, and the notice and settlement thereof, apply to the account for final settlement.

      [Part 231:107:1941; A 1953, 179] + [232:107:1941; 1931 NCL § 9882.232]—(NRS A 1999, 2332)

      NRS 150.115  Supplementary account to final account.  A supplementary account of any receipts and disbursements by the personal representative since the filing of the final account of the personal representative must be filed before or at the time of making a final distribution, unless the distribution is only of real property. A settlement of the supplementary account, together with an estimate of the expense of closing the estate, must be entered by the court and included in the order. The court may order notice of the settlement of the supplementary account.

      (Added to NRS by 1999, 2329)

      NRS 150.120  Accounting when authority of personal representative ceases.  If the authority of a personal representative ceases or is revoked for any reason, the personal representative may be cited by the court to account, at the instance of the person succeeding to the administration of the same estate, in like manner as the personal representative might have been by any interested person during the term of the appointment.

      [221:107:1941; 1931 NCL § 9882.221]—(NRS A 1999, 2333)

      NRS 150.130  Accounts of deceased or incapacitated personal representative: Accounting by personal representative, guardian or attorney.

      1.  If a personal representative dies or becomes incapacitated, the accounts may be presented to the court by the personal representative or guardian of the former personal representative. Upon petition of a successor to the deceased or incapacitated personal representative, the court shall compel the personal representative or guardian to file an account of the administration. The court shall settle such an account as in other cases.

      2.  In the absence of a personal representative or guardian of the deceased or incapacitated personal representative, the court may compel an attorney to file an account of the administration to the extent that the attorney has information or records available for that purpose. The account of the attorney need not be verified. A fee must be allowed the attorney by the court for this extraordinary service.

      [Part 231:107:1941; A 1953, 179]—(NRS A 1999, 2333)

      NRS 150.140  Revocation of letters when personal representative absconds and fails to account.  If the personal representative absconds, or if, after reasonable diligence, he or she cannot be found, so that a citation cannot be personally served, and the personal representative neglects to file an account within 20 days after the time fixed for that purpose, the letters must be revoked.

      [222:107:1941; 1931 NCL § 9882.222]—(NRS A 1999, 2333)

      NRS 150.150  Vouchers for payments: Filing not required; examination and audit; lost or unavailable.

      1.  A personal representative need not file vouchers with the court to substantiate payments made in the administration of the estate, but shall retain possession of the vouchers and permit their examination by the court or an interested person.

      2.  The court, on its own motion or on application ex parte for good cause by an interested person, may order production for examination and audit the vouchers that support an account specified in the order.

      3.  If any vouchers are lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the expenses were paid in good faith and were legal charges against the estate, the personal representative must be allowed those expenses.

      [217:107:1941; A 1953, 505]—(NRS A 1967, 870; 1999, 2333)

      NRS 150.160  Account and petition for settlement: Hearing and notice.

      1.  If an account and a petition for settlement thereof is filed, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner required by NRS 155.010.

      2.  If the account is for a final settlement and a petition for the final distribution of the estate is filed with the account, the notice of settlement must so state, and on the settlement of the account, distribution of the estate to those entitled thereto may be made as soon as possible.

      [215:107:1941; 1931 NCL § 9882.215]—(NRS A 1975, 1777; 1987, 782; 1999, 2334)

      NRS 150.170  Contest of account: Rights of interested person; hearing.

      1.  An interested person may appear and file written objections to the account and contest it.

      2.  Upon the hearing, the personal representative may be examined under oath concerning the account and the property and effects of the decedent and the disposition thereof.

      3.  All matters, including allowed claims not addressed in the settlement of any former account and not reduced to judgment, may be contested for cause shown.

      [216:107:1941; 1931 NCL § 9882.216]—(NRS A 1999, 2334)

      NRS 150.180  Appointment of attorney to represent minor, unborn, incapacitated or absent heirs and devisees; fees.

      1.  If a minor is interested in the estate who has no legally appointed guardian, the court may appoint a disinterested attorney to represent the minor who may contest the account as any other interested person might contest it.

      2.  The court may also appoint an attorney to represent unborn, incapacitated or absent heirs and devisees.

      3.  An attorney so appointed must be paid as provided in NRS 150.060.

      [218:107:1941; 1931 NCL § 9882.218]—(NRS A 1971, 504; 1999, 2335; 2001, 2348)

      NRS 150.190  Proof of notice necessary before allowance of account.  No account may be allowed by the court until it is first proved that the notice required by this chapter has been given, and the order must show that such proof was made to the satisfaction of the court. The order is conclusive evidence of the fact.

      [220:107:1941; 1931 NCL § 9882.220]—(NRS A 1999, 2335)

      NRS 150.200  Allowance and confirmation of account.  If an account comes before the court for allowance and there are no objections filed by any interested person, and the account is made to appear to the court to be correct and according to law, the court shall allow and confirm the account.

      [234:107:1941; 1931 NCL § 9882.234]—(NRS A 1999, 2335)

      NRS 150.210  Effect of order settling account.  An order settling and allowing an account, when it becomes final, is conclusive against all interested persons, but a person under legal disability has the right to move for cause to reopen and examine the account, or to proceed by action against the personal representative or his or her sureties at any time before final distribution, and in any such action, the order is prima facie evidence of the correctness of the account.

      [219:107:1941; 1931 NCL § 9882.219]—(NRS A 1999, 2335)

PAYMENT OF DEBTS, EXPENSES AND CHARGES

      NRS 150.225  Payments to be made according to will; sources of payment if provision or property of will insufficient.

      1.  If a testator makes provision by will, or designates property to be appropriated, for the payment of debts, the expenses of administration or family allowances, they must be paid according to that provision or out of the property thus appropriated, to the extent that the provision or property is sufficient.

      2.  To the extent the provision or property is insufficient, any portion of the estate not disposed of by the will must be appropriated for that purpose. To the extent that is not sufficient, the property given to residuary devisees, and thereafter all other property devised, is liable for those obligations in proportion to the value or amount of the respective devises, but specific devises are exempt from that liability if exemption appears to the court necessary to carry out the intent of the testator and there is other sufficient property.

      (Added to NRS by 1999, 2329)

      NRS 150.230  Duty to pay certain expenses, allowances, debts and claims upon receipt of sufficient money; discretion to pay certain smaller debts; funeral expenses and expenses of last illness not charged to community share of surviving spouse.

      1.  The personal representative shall, as soon as sufficient money is available, upon receipt of a sworn statement of the amount due and without any formal action upon creditors’ claims, pay the funeral expenses, the expenses of the last illness, the allowance made to the family of the decedents, money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid and wage claims to the extent of $600 of each employee of the decedent for work done or personal services rendered within 3 months before the death of the employer, but may retain the necessary expenses of administration.

      2.  The personal representative is not obliged to pay any other debt or any devise until the payment is ordered by the court.

      3.  The personal representative may, before court approval or order, pay any of the decedent’s debts amounting to $500 or less if:

      (a) Claims for payment thereof have been properly filed in the proceedings;

      (b) The debts are legally due; and

      (c) The estate is solvent.

Ê In settling the account of the estate, the court shall allow any such payment if the conditions of paragraphs (a), (b) and (c) have been met. Otherwise, the personal representative is personally liable to any person sustaining loss or damage as a result of the payment.

      4.  Funeral expenses and expenses of a last illness are debts payable out of the estate of the decedent and must not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay those expenses and whether or not the surviving spouse or any other person is also liable therefor.

      [226:107:1941; 1931 NCL § 9882.226]—(NRS A 1973, 404; 1975, 1777; 1995, 2576; 1997, 1253, 1490; 1999, 2336)

      NRS 150.240  Order of court for payment of debts; treatment of classes of creditors; discharge of personal representative upon compliance with order if property of estate exhausted.

      1.  Upon the settlement of any account of the personal representative after the time to file claims has expired, the court shall order the payment of the debts as the circumstances of the estate permit. If there is not sufficient money to pay all of the debts, the order must specify the sum to be paid to each creditor.

      2.  No creditor of any one class may receive any payment until all those of a preferred class are fully paid, and if the estate is insufficient to pay all debts of any one class, each creditor of that class must be paid a dividend in proportion to that creditor’s claim.

      3.  If the property of the estate is exhausted by the payment ordered, the account constitutes a final account, and the personal representative is entitled to his or her discharge upon filing the necessary proof showing that he or she has complied with the order.

      [225:107:1941; 1931 NCL § 9882.225]—(NRS A 1999, 2337)

      NRS 150.250  Claims not yet due and contingent or disputed claim.

      1.  If there is a claim not due, or any contingent or disputed claims against the estate, the amount thereof, or such part of the amount as the holder would be entitled to if the claim were due, established or absolute, must be paid to the clerk and there remain, to be paid over to the holder when the holder becomes entitled thereto or, if the holder fails to establish a claim, to be paid over or distributed as the circumstances of the estate require.

      2.  If a creditor whose claim has been allowed but is not yet due appears and assents to a deduction therefrom of the legal interest for the time the claim has yet to run, the creditor is entitled to be paid accordingly.

      3.  The payments provided for in this section are not to be made if the estate is insolvent unless a pro rata distribution is ordered.

      [227:107:1941; 1931 NCL § 9882.227]—(NRS A 1999, 2337)

      NRS 150.260  Liability of personal representative.

      1.  If an order is entered by the court for the payment of creditors, the personal representative is personally liable to each creditor for the amount of his or her claim, or the dividends thereon, and execution may be issued upon the order as upon a judgment in any other action, in favor of each creditor, and the same proceedings may be had under the execution as if it had been issued upon a judgment.

      2.  The personal representative is also liable on his or her bond to each creditor.

      [228:107:1941; 1931 NCL § 9882.228]—(NRS A 1999, 2337)

      NRS 150.270  Claim not included in order of payment.  After the accounts of the personal representative have been settled and an order entered for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, nor upon the heirs or devisees to contribute to the payment of the claim, but if the personal representative has failed to give the notice to creditors, as prescribed by law, that creditor may recover on the bond of the personal representative the amount for which the claim would properly have been allowed.

      [229:107:1941; 1931 NCL § 9882.229]—(NRS A 1999, 2337)

      NRS 150.280  Closing administration.

      1.  If all the debts and liabilities of an estate have been paid, and the estate is in a condition to be closed, the court shall direct the payment of devises and the distribution of the estate among those entitled as provided in chapter 151 of NRS.

      2.  If the estate is not in a condition to be closed, the court shall direct the payment of devises and the distribution of the estate among those entitled at such time as it thereafter may be in a condition to be closed.

      [230:107:1941; 1931 NCL § 9882.230]—(NRS A 1999, 2338)

APPORTIONMENT OF FEDERAL ESTATE TAX

      NRS 150.290  Short title.  NRS 150.290 to 150.380, inclusive, may be cited as the Federal Estate Tax Apportionment Law.

      (Added to NRS by 1957, 228; A 1999, 2338)

      NRS 150.300  Definitions.  As used in NRS 150.290 to 150.380, inclusive, unless the context otherwise requires:

      1.  “Gross estate” or “estate” means all property included for federal estate tax purposes in determining the federal estate tax pursuant to the federal estate tax law.

      2.  “Person interested in the estate” means any person who receives or is the beneficiary of any property transferred pursuant to a transfer which is subject to a tax imposed by any federal estate tax law, now existing or hereafter enacted.

      (Added to NRS by 1957, 228; A 1999, 2338)

      NRS 150.310  Proration of tax among persons interested in estate; exceptions.

      1.  If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this State, to whom the property was, is or may be transferred or to whom any benefit accrues, except:

      (a) Where a testator otherwise directs in his or her will.

      (b) Where by written instrument, including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.

      2.  As used in this section, “electronic trust” has the meaning ascribed to it in NRS 163.0015.

      (Added to NRS by 1957, 228; A 1999, 2338; 2001, 2348)

      NRS 150.320  Direction for apportionment of estate tax: Precedence; limitation.

      1.  A testator, settlor, or possessor of any appropriate power of appointment may direct how the estate tax shall be apportioned or allocated or grant a discretionary power to another so to direct. Any such direction shall take precedence insofar as the direction provides for the payment of the estate tax or any part thereof from property the disposition of which can be controlled by the instrument containing the direction or delegating the power to another.

      2.  Any direction as to apportionment or nonapportionment of the tax, whether contained in a will or in a nontestamentary instrument, shall be limited in its operation to the property passing thereunder unless such will or instrument otherwise directs.

      (Added to NRS by 1957, 228)

      NRS 150.330  Jurisdiction of court; methods of proration.

      1.  The proration must be made by the court having jurisdiction of any property in the estate in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property, interest and benefits received by all such persons interested in the estate.

      2.  In making a proration, allowances must be made for any exemptions granted by the act imposing the tax and for any deductions allowed by that act for the purpose of arriving at the value of the net estate.

      3.  Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the charitable purposes of the gift inures to the benefit of the person bearing the relationship or receiving the charitable gift, except that, if an interest is subject to a prior present interest which is not allowable as a deduction, the estate tax apportionable against the present interest must be paid from principal.

      4.  A deduction for property previously taxed and a credit for gift taxes or taxes of a foreign country paid by the decedent or the estate of the decedent inures to the proportionate benefit of all persons liable to apportionment.

      5.  A credit for inheritance, succession or estate taxes or taxes in the nature thereof in respect to property or interests includable in the gross estate inures to the benefit of the persons or interests chargeable with the payment of the taxes to the extent or in proportion that the tax paid or payable reduces the estate tax.

      6.  To the extent that property passing to or in trust for a surviving spouse does not constitute an allowable deduction solely by reason of an inheritance tax or other death tax imposed upon and deductible from such property, it must not be included in the computation provided for in subsection 1, and to that extent, no apportionment may be made against that property.

      7.  The values used for federal estate tax purposes are the values used as the basis for apportionment.

      8.  If the court finds that it is inequitable to apportion interest and penalties in the same manner as the principal of the estate tax by reason of special circumstances, it may direct apportionment of interest and penalties in a manner different from principal.

      (Added to NRS by 1957, 228; A 1999, 2338)

      NRS 150.340  Present and future estates: Charge of tax against corpus without apportionment.

      1.  In cases where a trust is created, or other provision made whereby any person is given any interest in income, or an estate for years, or for life, or other temporary interest in any property or fund, the tax on both such temporary interest and on the remainder thereafter shall be charged against and paid out of the corpus of such property or fund without apportionment between remainders and temporary estates.

      2.  The provisions of subsection 1 shall apply notwithstanding that the holder of a temporary interest is given rights to the corpus, but shall not apply to a common-law annuity.

      (Added to NRS by 1957, 229)

      NRS 150.350  Property not possessed by personal representative: Recovery from person in possession or interested in estate; court may direct payment; expenses.

      1.  If any property required to be included in the gross estate does not come into the possession of the personal representative, the personal representative shall recover from whoever is in possession, or from the persons interested in the estate, the proportionate amount of the tax payable by the persons interested in the estate with which the persons interested in the estate are chargeable. The court may direct the payment of that amount by those persons to the personal representative.

      2.  The provisions of subsection 1 also apply to persons in possession of or interested in real or personal property located in or subject to administration in another state and required to be included in the gross estate of a resident of this State, unless the other state refuses to enforce the apportionment, in which case apportionment may be made in accordance with the law which would be applied by the other state.

      3.  A person interested in the estate from whom apportionment is required under subsections 1 and 2 must also be charged with the amount of reasonable expenses, including the personal representative’s and attorney’s fees, in connection with the determination of the tax and the apportionment thereof. Those expenses must be determined and collected in like manner as the tax.

      (Added to NRS by 1957, 229; A 1999, 2339)

      NRS 150.360  Court order directing amounts of tax to be charged against or paid by takers of estate.

      1.  The court, upon making a determination as provided in NRS 150.290 to 150.380, inclusive, shall enter an order directing the personal representative or other fiduciary to charge the determined amounts against the persons against whom the tax has been prorated insofar as the personal representative or other fiduciary is in possession of property or interests of those persons against whom the charge may be made, and summarily directing all other persons against whom the tax has been prorated or who are in possession of property or interests of those persons to make payment of the determined amounts to the personal representative or other fiduciary.

      2.  The orders may be preliminary, intermediate or final.

      3.  If the personal representative or other fiduciary holds property of a person liable to apportionment which is insufficient to satisfy the determined amount, the court may direct that the balance be paid by the person liable.

      4.  If it appears that the personal representative or other fiduciary cannot recover the amount apportioned against any person, the amount not recovered must be charged in such manner as the court may determine.

      5.  If an overpayment is made the court may direct appropriate reimbursement.

      (Added to NRS by 1957, 230; A 1999, 2340)

      NRS 150.370  Retention of jurisdiction by court.  The court shall retain jurisdiction until the purposes of NRS 150.290 to 150.380, inclusive, have been accomplished.

      (Added to NRS by 1957, 230; A 1999, 2340)

      NRS 150.380  Apportionment of tax and expenses imposed and incurred on property located or administered in this State in estate of nonresident.  Tax imposed and expenses incurred by reason of inclusion for tax purposes of property located or administered in this State, in the estate of a nonresident of this State, shall be apportioned in accordance with the law of the decedent’s domicile, applicable to property located therein.

      (Added to NRS by 1957, 230)

OTHER FEDERAL TAXES

      NRS 150.400  Apportionment; limitations.

      1.  Except as otherwise provided by the donor or decedent in writing:

      (a) Except as otherwise provided in paragraph (c), for gifts that were made subject to the federal gift tax and in cases where the decedent’s estate is insufficient to pay all federal gift taxes due at the time of the decedent’s death, the unpaid federal gift tax must be borne on a pro rata basis by those receiving the transfers that triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal gift tax.

      (b) The federal generation-skipping transfer tax must be borne on a pro rata basis by those persons receiving the transfers that triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal generation-skipping transfer tax.

      (c) The application of exclusions, exemptions, deferrals or other provisions of the law available at the time of each transfer must be applied in chronological order to the transfers to which they relate.

      (d) To the extent issues remain unresolved after applying the principles set forth in paragraphs (a), (b) and (c), the provisions of NRS 150.290 to 150.380, inclusive:

             (1) Must be applied to determine the allocation, apportionment and collection of federal transfer taxes other than the federal estate tax, including, without limitation, the federal gift tax and the federal generation-skipping transfer tax; and

             (2) Must be applied to determine the procedures for the judicial determination of the apportionment of federal transfer taxes other than the federal estate tax, including, without limitation, the federal gift tax and the federal generation-skipping transfer tax.

      2.  Notwithstanding the provisions of subsection 1:

      (a) This section must not be construed to allow the apportionment or enforcement of the collection of any tax to the extent such tax has not been paid and the collection thereof is no longer enforceable under applicable federal law; and

      (b) A recipient of a transfer is not required to pay tax in an amount that exceeds the value of the property received by the recipient or the maximum amount payable by the recipient under federal law, whichever is less.

      3.  As used in this section, “estate” means all property included for federal estate tax purposes in determining the federal estate tax pursuant to the federal estate tax law.

      (Added to NRS by 2009, 1631; A 2011, 181)