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Nrs: Chapter 138 - Appointment Of Personal Representatives


Published: 2015

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[Rev. 11/21/2013 9:45:19

AM--2013]



CHAPTER 138 - APPOINTMENT OF PERSONAL

REPRESENTATIVES

NRS 138.010           Powers

of personal representative before issuance of letters.

NRS 138.020           Qualifications

of executor; letters with will annexed.

NRS 138.040           Executor

not specifically named may be appointed.

NRS 138.045           Appointment

of substitute executors and coexecutors.

NRS 138.050           Successor

to corporate executor.

NRS 138.060           Objections

to appointment.

NRS 138.070           Executor

of deceased executor; account of deceased personal representative.

NRS 138.080           Failure

to appoint all named executors.

NRS 138.090           Administrators

with will annexed: Order of appointment.

_________

      NRS 138.010  Powers of personal representative before issuance of letters.

      1.  If a will has been admitted to probate,

the court shall direct letters thereon to issue to the personal representative

named in the will, who shall appear and qualify.

      2.  No person has any power as a personal

representative until he or she qualifies, except that, before letters are

issued, he or she may pay the funeral charges and take necessary measures for

the preservation of the estate.

      [37:107:1941; 1931 NCL § 9882.37]—(NRS A 1999, 2270)

      NRS 138.020  Qualifications of executor; letters with will annexed.

      1.  No person is qualified to serve as an

executor who, at the time the will is probated:

      (a) Is under the age of majority;

      (b) Has been convicted of a felony, unless the

court determines that such a conviction should not disqualify the person from

serving in the position of an executor;

      (c) Upon proof, is adjudged by the court

disqualified to execute the duties of executor by reason of conflict of

interest, drunkenness, improvidence or lack of integrity or understanding; or

      (d) Is a bank not authorized to do business in

the State of Nevada, unless it associates as coexecutor a bank authorized to do

business in this State. An out-of-state bank is qualified to appoint a

substitute executor, pursuant to NRS 138.045,

without forming such an association, but any natural person so appointed must

be a resident of this State.

      2.  If a disqualified person is named as

the sole executor in a will, or if all persons so named are disqualified or

renounce their right to act, or fail to appear and qualify, letters of

administration with the will annexed must issue.

      [38:107:1941; 1931 NCL § 9882.38]—(NRS A 1969, 1198;

1971, 148; 1975, 1767; 1995, 496; 1999, 2270; 2003, 2509, 2690; 2009, 1625)

      NRS 138.040  Executor not specifically named may be appointed.  If it appears by the terms of a will that it

was the intention of the testator to commit the execution of the will and the

administration of the estate of the testator to any person as executor, that

person, although not named executor, is entitled to letters testamentary in

like manner as if that person had been named executor.

      [39:107:1941; 1931 NCL § 9882.39]—(NRS A 1999, 2271)

      NRS 138.045  Appointment of substitute executors and coexecutors.

      1.  A person who is named as executor under

a will, either alone or with another or others, who is otherwise qualified to

act under NRS 138.020, may appoint a substitute if:

      (a) The person named in the will is unwilling or

unable to undertake or continue the execution of the will; and

      (b) The testator has not designated an alternate

to serve in place of the named executor, or the alternate designated in the

will is unwilling or unable to serve.

      2.  A person named as alternate executor

who is not disqualified under NRS 138.020 may

appoint a substitute if:

      (a) The named alternate is unwilling or unable to

undertake or continue the execution of the will; and

      (b) A named executor is disqualified or has not

designated a substitute within 30 days after being notified that the named

alternate is unwilling or unable to serve.

      3.  A qualified person who alone is named

as the executor under a will may appoint a coexecutor if:

      (a) The person named is unwilling or unable to

undertake or continue the sole execution of the will; and

      (b) The testator has not designated an alternate

to serve in place of the named executor, or the named alternate is unwilling or

unable to serve.

      4.  The substitute or coexecutor, unless

otherwise disqualified under this chapter, is entitled to letters testamentary

in like manner as if the substitute or coexecutor had been named in the will.

      (Added to NRS by 1969, 484; A 1981, 241; 1999, 2271)

      NRS 138.050  Successor to corporate executor.  If

the executor named in the will is a corporation or national banking association

that has sold its business and assets to, or has consolidated or merged with,

or is in any manner provided by law succeeded by, another corporation or

national banking association authorized and qualified to act as executor, the

court may issue letters thereon to the successor corporation or association as

if the successor were named in the will.

      [40:107:1941; 1931 NCL § 9882.40]—(NRS A 1999, 2271)

      NRS 138.060  Objections to appointment.

      1.  An interested person may file

objections in writing to the granting of letters testamentary to the person or

persons named as executors, or any of them, and those objections must be heard

and determined by the court.

      2.  A petition may also be filed for the

issuance of letters of administration, with the will annexed, in all proper

cases.

      [41:107:1941; 1931 NCL § 9882.41]—(NRS A 1999, 2271)

      NRS 138.070  Executor of deceased executor; account of deceased personal

representative.

      1.  No executor of the will of a deceased

executor, as such, is authorized to administer the estate of the first

testator, but on the death of the sole or surviving executor of any last will,

letters of administration with the will annexed of the estate of the first

testator left unadministered must be issued. If no executor is named in the

will, or if the sole executor or all the executors named therein are dead or

incapacitated, or neglect or fail to apply for letters, or to appear and

qualify, or die after the issuance of letters and before the completion of the

administration, letters of administration with the will annexed must be

granted.

      2.  The account of a deceased personal

representative may be settled, duties may be terminated, and sureties may be

released of liability subsequently incurred, upon the petition of either the

attorney who represented the deceased personal representative in the probate or

administration or upon the petition of any of the sureties, and upon such

notice as the court directs.

      [43:107:1941; 1931 NCL § 9882.43]—(NRS A 1999, 2272)

      NRS 138.080  Failure to appoint all named executors.  If

all the persons named as executors are not appointed by the court, those

appointed have the same authority to perform every act and discharge every duty

required by the will, and their acts are effectual for every purpose as if all

had been appointed.

      [Part 44:107:1941; 1931 NCL § 9882.44]—(NRS A 1999, 2272)

      NRS 138.090  Administrators with will annexed: Order of appointment.

      1.  Administrators with the will annexed

have the same authority as the executor named in the will would have had if the

executor had qualified, and their acts are as effectual for every purpose, but

if the power or authority conferred upon the executor is discretionary, and is

not conferred by law, it is not conferred upon an administrator with the will

annexed.

      2.  Persons and their nominees and

appointees are entitled to appointment as administrators with the will annexed

in the same order of priority as in the appointment of administrators, except

that, as to foreign letters, an interested person has priority over one who is

not.

      [45:107:1941; 1931 NCL § 9882.45]—(NRS A 1999, 2272)