[Rev. 11/21/2013 9:45:23
AM--2013]
CHAPTER 139 - APPOINTMENT OF ADMINISTRATORS
COMPETENCY AND PRIORITY
NRS 139.010 Qualifications.
NRS 139.030 Surviving
partner.
NRS 139.040 Order
of priority for right to appointment; priority of nominee.
NRS 139.050 Nomination.
NRS 139.060 Relatives
of whole blood preferred to those of half blood.
NRS 139.070 Discretion
of the court.
NRS 139.080 Failure
to claim letters.
PETITION FOR LETTERS OF ADMINISTRATION
NRS 139.090 Contents
of petition; effect of defect.
NRS 139.100 Clerk
to set petition for hearing; notice of hearing.
NRS 139.110 Right
of contest: Filing of counterpetition; notice and hearing.
NRS 139.120 Facts
to be proved.
NRS 139.130 Entry
in minutes or written order conclusive evidence of notice.
AGREEMENTS FOR RECOVERY OF PROPERTY
NRS 139.135 Circumstances
in which agreement between heir finder and apparent heir is void and
unenforceable.
REVOCATION OF LETTERS OF ADMINISTRATION
NRS 139.140 Right
of person with priority to petition for revocation and reissuance of letters.
NRS 139.150 Procedure.
NRS 139.160 Assertion
of prior right.
NRS 139.170 Discretion
of court.
_________
COMPETENCY AND PRIORITY
NRS 139.010 Qualifications. No
person is entitled to letters of administration if the person:
1. Is under the age of majority;
2. 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 administrator;
3. Upon proof, is adjudged by the court
disqualified by reason of conflict of interest, drunkenness, improvidence, or
lack of integrity or understanding;
4. Is not a resident of the State of
Nevada, unless the person:
(a) Associates as coadministrator a resident of
the State of Nevada or a banking corporation authorized to do business in this
State; or
(b) Is named as personal representative in the
will if the will is the subject of a pending petition for probate, and the
court in its discretion believes it would be appropriate to make such an
appointment; or
5. Is a banking corporation that is not
authorized to do business in this State, unless the banking corporation:
(a) Associates as coadministrator a resident of
the State of Nevada or a banking corporation authorized to do business in this
State; or
(b) Is named as personal representative in the
will if the will is the subject of a pending petition for probate, and the
court in its discretion believes it would be appropriate to make such an
appointment.
[53:107:1941; 1931 NCL § 9882.53]—(NRS A 1960, 347;
1969, 1199; 1999,
2272; 2001,
2344; 2003,
2691; 2009,
1626)
NRS 139.030 Surviving partner. The
surviving partner of a decedent must not be appointed administrator of the
estate if any interested person objects to the appointment.
[52:107:1941; 1931 NCL § 9882.52]—(NRS A 1999, 2273)
NRS 139.040 Order of priority for right to appointment; priority of nominee.
1. Administration of the intestate estate
of a decedent must be granted to one or more of the persons mentioned in this
section, and they are respectively entitled to priority for appointment in the
following order:
(a) The surviving spouse.
(b) The children.
(c) The father or the mother.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in
the distribution of the estate.
(g) The public administrator.
(h) Creditors who have become such during the
lifetime of the decedent.
(i) Any of the kindred not above enumerated, within
the fourth degree of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing
classes is entitled:
(a) To appointment, if the person is:
(1) A resident of the State of Nevada or
the person:
(I) Associates as coadministrator a
resident of the State of Nevada or a banking corporation authorized to do
business in this State; or
(II) Is named as personal
representative in the will if the will is the subject of a pending petition for
probate, and the court in its discretion believes it would be appropriate to
make such an appointment; or
(2) A banking corporation which is
authorized to do business in this State or which:
(I) Associates as coadministrator a
resident of the State of Nevada or a banking corporation authorized to do
business in this State; or
(II) Is named as personal
representative in the will if the will is the subject of a pending petition for
probate, and the court in its discretion believes it would be appropriate to
make such an appointment.
(b) To nominate a resident of the State of Nevada
or a qualified banking corporation for appointment, whether or not the
nominator is a resident of the State of Nevada or a qualified banking
corporation. The nominee has the same priority as the nominator. That priority
is independent of the residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled
to appointment is a minor or an incompetent person for whom a guardian has been
appointed, the court may appoint the guardian of the minor or incompetent
person as administrator.
[49:107:1941; A 1945, 175; 1949, 13; 1943 NCL §
9882.49]—(NRS A 1967, 1057; 1969, 1199; 1975, 1768; 1999, 2273; 2001, 2344; 2009, 1626)
NRS 139.050 Nomination. Administration
may be granted upon petition to one or more qualified persons, although not
otherwise entitled to serve, at the written request of the person entitled,
filed in the court.
[61:107:1941; 1931 NCL § 9882.61]—(NRS A 1960, 347; 1999, 2273)
NRS 139.060 Relatives of whole blood preferred to those of half blood. When there shall be several persons claiming
and equally entitled to the administration, relatives of the whole blood are
preferred to those of the half blood.
[50:107:1941; 1931 NCL § 9882.50]—(NRS A 1973, 634)
NRS 139.070 Discretion of the court. When
there are several persons equally entitled to the administration, the court
may, in its discretion, grant letters to one or more of them.
[51:107:1941; 1931 NCL § 9882.51]
NRS 139.080 Failure to claim letters. Letters
of administration may be granted to any petitioner, even if it appears that
there are other persons having priority for appointment, if the latter fail to
appear and claim the issuance of letters to themselves after receiving due
notice of the proceeding.
[60:107:1941; 1931 NCL § 9882.60]—(NRS A 1999, 2273)
PETITION FOR LETTERS OF ADMINISTRATION
NRS 139.090 Contents of petition; effect of defect.
1. A petition for letters of
administration must be in writing, signed by the petitioner or the attorney for
the petitioner and filed with the clerk of the court, and must state:
(a) The jurisdictional facts;
(b) The names and addresses of the heirs of the
decedent and their relationship to the decedent, so far as known to the
petitioner, and the age of any who is a minor;
(c) The character and estimated value of the
property of the estate; and
(d) Whether the person to be appointed as
administrator has been convicted of a felony.
2. No defect of form or in the statement
of jurisdictional facts actually existing voids an order appointing an
administrator or any of the subsequent proceedings.
[55:107:1941; 1931 NCL § 9882.55]—(NRS A 1985, 2036; 1995, 2770; 1999, 2274; 2009, 1627)
NRS 139.100 Clerk to set petition for hearing; notice of hearing. The clerk shall set the petition for hearing,
and notice must be given to the heirs of the decedent and to the Director of
the Department of Health and Human Services as provided in NRS 155.020. The notice must state the
filing of the petition, the object and the time for hearing.
[56:107:1941; 1931 NCL § 9882.56]—(NRS A 1975, 1768; 1995, 2572; 1999, 2274; 2003, 880)
NRS 139.110 Right of contest: Filing of counterpetition; notice and hearing. An interested person may contest the petition
by filing a written opposition on the ground that the petitioner is not
qualified or may assert the contestant’s own right to the administration and
request that letters be issued to the contestant. In the latter case, the
contestant must file a petition and give the notice required for the original
petition, and the court must hear the two petitions together.
[57:107:1941; 1931 NCL § 9882.57]—(NRS A 1999, 2274)
NRS 139.120 Facts to be proved. Before
letters are granted, the fact of death and that the decedent died intestate,
and that notice has been given as required in this chapter, must be proved by
the evidence of the petitioner or others. The court may also examine the
petitioner or any other person concerning the time, place and manner of death, the
place of the decedent’s residence at the time of death, the character and value
of the decedent’s property, and whether or not the decedent left a will, and
the court may compel any person to attend as a witness for that purpose.
[58:107:1941; 1931 NCL § 9882.58]—(NRS A 1999, 2274)
NRS 139.130 Entry in minutes or written order conclusive evidence of notice. An entry in the minutes or in the written
order appointing the administrator that proof was made and that notice had been
given according to law is conclusive evidence of the fact of such notice.
[59:107:1941; 1931 NCL § 9882.59]—(NRS A 1999, 2274)
AGREEMENTS FOR RECOVERY OF PROPERTY
NRS 139.135 Circumstances in which agreement between heir finder and
apparent heir is void and unenforceable.
1. An agreement between an heir finder and
an apparent heir, the primary purpose of which is to locate, recover or assist
in the recovery of an estate for which the public administrator has petitioned
for letters of administration, is void and unenforceable if the agreement is
entered into during the period beginning with the death of the person whose
estate is in probate until 90 days thereafter.
2. As used in this section, “heir finder”
means a person who, for payment of a fee, assignment of a portion of any
interest in a decedent’s estate or other consideration, provides information,
assistance, forensic genealogy research or other efforts related to another
person’s right to or interest in a decedent’s estate. The term does not
include:
(a) A person acting in the capacity of a personal
representative or guardian ad litem;
(b) A person appointed to perform services by a
probate court in which a proceeding in connection with a decedent’s estate is
pending; or
(c) An attorney providing legal services to a
decedent’s family member if the attorney has not agreed to pay to any other
person a portion of the fees received from the family member or the family
member’s interest in the decedent’s estate.
(Added to NRS by 2011, 1678)
REVOCATION OF LETTERS OF ADMINISTRATION
NRS 139.140 Right of person with priority to petition for revocation and
reissuance of letters. When
letters of administration have been granted to any person other than the
surviving spouse or the spouse’s nominee, or the child, father, mother, brother
or sister of the decedent, any one of them, if otherwise qualified, may obtain
the revocation of the letters by presenting to the court a petition requesting
the revocation, and that letters of administration be issued to the petitioner.
[62:107:1941; 1931 NCL § 9882.62]—(NRS A 1999, 2274)
NRS 139.150 Procedure.
1. If a petition for revocation is filed,
notice must be given as in the case of an original petition, and the petitioner
shall serve a citation on the administrator to appear and answer the petition
at the time appointed for the hearing. The citation must be served on the
administrator in accordance with NRS
155.050 at least 10 days before the date of the hearing.
2. At the time appointed, upon proof that
the citation, together with a copy of the petition, has been duly served and
notice given as required in subsection 1, the court shall take evidence upon
the petition, and if the right of the petitioner is established, and the
petitioner is qualified, letters of administration must be granted to him or
her and the letters of the former administrator revoked. The former
administrator shall promptly file an accounting in accordance with NRS 150.080.
[63:107:1941; 1931 NCL § 9882.63]—(NRS A 1999, 2275)
NRS 139.160 Assertion of prior right. The
surviving spouse, or nominee of the surviving spouse, when letters of
administration have been granted to a child, parent, brother or sister of the
decedent, or any of those relatives, when letters have been granted to any
other of them, may assert the prior right of the spouse or nominee, and obtain
letters of administration, and have the previous letters revoked in the manner
prescribed in NRS 139.150.
[64:107:1941; 1931 NCL § 9882.64]—(NRS A 1999, 2275)
NRS 139.170 Discretion of court. The
court may refuse to grant letters of administration as provided in this chapter
to any person or to the nominee of any person who had actual notice of the
first petition and an opportunity to contest it.
[65:107:1941; 1931 NCL § 9882.65]—(NRS A 1999, 2275)
