[Rev. 11/21/2013 9:46:19
AM--2013]
CHAPTER 145 - SUMMARY ADMINISTRATION OF
ESTATES
NRS 145.010 Application
of chapter.
NRS 145.020 Contents
of petition seeking summary administration.
NRS 145.030 Notice
required.
NRS 145.040 Conditions
for ordering summary administration.
NRS 145.060 Creditors’
claims: Notice, filing, approval and payment; procedure if claim of Department
of Health and Human Services rejected.
NRS 145.070 Sales
of real property: Notice and procedure.
NRS 145.075 Hearing
and notices required upon filing of final account and petition for
distribution.
NRS 145.080 Close
of administration and distribution.
NRS 145.110 Revocation
of summary administration.
_________
NRS 145.010 Application of chapter. The
provisions of this chapter apply only to estates of which summary
administration is ordered. Upon the granting of summary administration, all
regular proceedings and further notices required by this title are waived,
except for the notices required by NRS
144.010, 145.060, 145.070
and 145.075.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 2001, 2345)
NRS 145.020 Contents of petition seeking summary administration. All proceedings taken under this chapter,
whether or not the decedent left a will, must be originated by a petition for
letters testamentary or letters of administration containing:
1. Jurisdictional information;
2. A description of the property of the
decedent, including the character and estimated value of the property;
3. The names and residences of the heirs
and devisees of the decedent and the age of any who is a minor and the
relationship of each heir and devisee to the decedent, so far as known to the
petitioner; and
4. A statement indicating whether the
person to be appointed as personal representative has been convicted of a
felony.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1997, 1487; 1999, 2301; 2009, 1628)
NRS 145.030 Notice required. Notice
of a petition for the probate of a will and the issuance of letters must be
given as provided in NRS 155.010.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975,
1770; 1987, 780;
1989, 647; 1995, 2572; 1999, 2302)
NRS 145.040 Conditions for ordering summary administration. If it is made to appear to the court that the
gross value of the estate, after deducting any encumbrances, does not exceed
$200,000, the court may, if deemed advisable considering the nature, character
and obligations of the estate, enter an order for a summary administration of
the estate.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1965,
172; 1973, 431; 1975, 1770; 1983, 294; 1997, 1487; 1999, 2302; 2007, 896)
NRS 145.060 Creditors’ claims: Notice, filing, approval and payment;
procedure if claim of Department of Health and Human Services rejected.
1. A personal representative shall publish
and mail notice to creditors in the manner provided in NRS 155.020.
2. Creditors of the estate must file their
claims, due or to become due, with the clerk, within 60 days after the mailing
to the creditors for those required to be mailed, or 60 days after the first
publication of the notice to creditors pursuant to NRS 155.020, and within 15 days thereafter
the personal representative shall allow or reject the claims filed.
3. Any claim which is not filed within the
60 days is barred forever, except that if it is made to appear, by the
affidavit of the claimant or by other proof to the satisfaction of the court,
that the claimant did not have notice as provided in NRS 155.020, the claim may be filed at any
time before the filing of the final account.
4. Every claim which is filed as provided
in this section and allowed by the personal representative must then, and not
until then, be ranked as an acknowledged debt of the estate and be paid in the
course of administration, except that payment of small debts in advance may be
made pursuant to subsection 3 of NRS
150.230.
5. If a claim filed by the Department of
Health and Human Services is rejected by the personal representative, the
Director of the Department may, within 20 days after receipt of the written
notice of rejection, petition the court for summary determination of the claim.
A petition for summary determination must be filed with the clerk, who shall
set the petition for hearing, and the petitioner shall give notice for the
period and in the manner required by NRS
155.010. Allowance of the claim by the court is sufficient evidence of its
correctness, and it must be paid as if previously allowed by the personal
representative.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975,
1771; 1987, 781;
1995, 2572;
1999, 2302;
2001, 2345;
2003, 881, 2511)
NRS 145.070 Sales of real property: Notice and procedure. All sales of real property, if summary
administration is ordered, must be made upon notice given and in the manner
required by chapter 148 of NRS.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1999, 2303)
NRS 145.075 Hearing and notices required upon filing of final account and
petition for distribution.
1. Upon the filing of a final account and
petition for distribution of an estate for which summary administration was
ordered, the notice of hearing, the account and petition, together with notice
of the amount agreed or requested as attorney’s fees, must be given to the
persons entitled thereto.
2. The petitioner shall give notice of
hearing for the period and in the manner provided in NRS 155.010.
(Added to NRS by 1999, 2301)
NRS 145.080 Close of administration and distribution. The administration of the estate may be closed
and distribution made at any time after the expiration of the time for the
personal representative to act on the claims, if it appears to the court that
all the debts of the estate, expenses and charges of administration and
allowances to the family, if any, have been paid, and the estate is in
condition to be finally settled.
[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1971,
1163; 1999,
2303)
NRS 145.110 Revocation of summary administration. If
at any time after the entry of an order for the summary administration of an
estate it appears that the gross value of the estate, after deducting any
encumbrances, exceeds $200,000 as of the death of the decedent, the personal
representative shall petition the court for an order revoking summary
administration. The court may, if deemed advisable considering the nature,
character and obligations of the estate, provide in its order revoking summary
administration that regular administration of the estate may proceed unabated
upon providing such portions of the regular proceedings and notices as were
dispensed with by the order for summary administration.
(Added to NRS by 1999, 2301; A 2007, 896)
