[Rev. 2/10/2015 4:21:18
PM--2014R2]
CHAPTER 141 - LETTERS GENERALLY; CHANGES IN
ADMINISTRATION
FORM OF LETTERS
NRS 141.010 Signing
and sealing; requirements for estate that includes real property.
NRS 141.020 Letters
testamentary.
NRS 141.030 Letters
of administration with will annexed.
NRS 141.040 Letters
of administration.
NRS 141.045 Letters
of special administration.
DISABILITY AND SUBSTITUTION
NRS 141.050 Effect
of subsequent probate.
NRS 141.060 Incapacity
of joint personal representatives.
NRS 141.070 Incapacity
of all personal representatives.
RESIGNATION, SUSPENSION AND REMOVAL
NRS 141.080 Procedure
for resigning appointment of personal representative.
NRS 141.090 Causes
for suspending appointment of personal representative.
NRS 141.095 Powers
of personal representative limited after receiving notice of proceeding to
suspend or remove appointment; disposition or transfer of assets after removal.
NRS 141.100 Appointment
of special administrator during suspension of personal representative; bond.
NRS 141.110 Personal
representative cited to show cause after suspension; service of citation.
NRS 141.120 Interested
person may file charges for removal of personal representative.
NRS 141.130 Hearing
for removal of personal representative; powers of court.
NRS 141.140 Acts
of personal representative before revocation.
_________
FORM OF LETTERS
NRS 141.010 Signing and sealing; requirements for estate that includes real
property.
1. Letters
testamentary, letters of administration with the will annexed, letters of
special administration and letters of administration must be signed by the
clerk and under the seal of the court.
2. If the estate of a decedent includes
real property, a copy of the letters testamentary, letters of administration
with the will annexed, letters of special administration or letters of
administration, certified by the clerk of the court, must be recorded in the
office of the recorder of each county in which real property of the estate is
located. A cover sheet must be attached to the copy of the letters and:
(a) Must contain:
(1) The name and address of the
administrator, executor or personal representative named in the letters;
(2) The assessor’s parcel number and the
address of the real property of the estate; and
(3) If the estate includes a manufactured
home or mobile home, the location and serial number
of the manufactured home or mobile home.
(b) May contain the telephone number of the
administrator, executor or personal representative named in the letters.
3. As used in this section:
(a) “Manufactured home” has the meaning ascribed
to it in NRS 489.113.
(b) “Mobile home” has the meaning ascribed to it
in NRS 489.120.
[46:107:1941; 1931 NCL § 9882.46] + [Part
66:107:1941; 1931 NCL § 9882.66]—(NRS A 1999, 2279; 2011, 2410)
NRS 141.020 Letters testamentary. Letters
testamentary may be in substantially the following form, after properly
entitling the court:
In the Matter of the Estate of )
) Case
No.
)
deceased. ) Letters
Testamentary
.......................................................... )
On .… (day) …… (month) ……
(year), the court entered an order admitting the decedent’s will to probate and
appointing (name) as executor of the decedent’s estate. The
order includes:
[ ] 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 executor, after being
duly qualified, may act and has the authority and duties of an executor.
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 executor, 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.
...............................................
Executor
SUBSCRIBED AND AFFIRMED before me
this ….…. (day) of ….…. (month) of ……… (year).
CLERK
OF COURT
By
.....................................................
Deputy
Clerk
(or)
....................................................
NOTARY
PUBLIC
County
of ……… State of ..........
[47:107:1941; 1931 NCL § 9882.47]—(NRS A 1999, 2279; 2001, 164)
NRS 141.030 Letters of administration with will annexed. Letters of administration with the will
annexed may be in substantially the following form, after properly entitling
the court:
In the Matter of the Estate of )
) Case
No.
)
deceased. ) Letters
of Administration With the Will
………………………………..) Annexed
On ……… (day) …… (month) ……
(year), the court entered an order admitting the decedent’s will to probate and
appointing (name) as administrator with the will annexed of
the decedent’s estate. The order includes:
[ ] 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 administrator with the
will annexed, after being duly qualified, may act and has the authority and
duties of administrator with the will annexed.
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 administrator with the will
annexed, 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.
…………………………………………
Administrator
With the Will Annexed
SUBSCRIBED AND AFFIRMED before me
this ….…. (day) of ….…. (month) of ……… (year).
CLERK
OF COURT
By
.....................................................
Deputy
Clerk
(or)
....................................................
NOTARY
PUBLIC
County
of ……… State of ..........
[48:107:1941; 1931 NCL § 9882.48]—(NRS A 1999, 2280)
NRS 141.040 Letters of administration. Letters
of administration may be in substantially the following form, after properly
entitling the court:
In the Matter of the Estate of )
) Case
No.
)
deceased. ) Letters
of Administration
...................................................... )
On ……… (day) …… (month) …….
(year), the court entered an order appointing (name) as
administrator of the decedent’s estate. The order includes:
[ ] 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 administrator, after
being duly qualified, may act and has the authority and duties of
administrator.
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 administrator, 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.
…………………………
Administrator
SUBSCRIBED AND AFFIRMED before me
this ….…. (day) of ….…. (month) of ……… (year).
CLERK
OF COURT
By
.....................................................
Deputy
Clerk
(or)
....................................................
NOTARY
PUBLIC
County
of ……… State of ..........
[Part 66:107:1941; 1931 NCL § 9882.66]—(NRS A 1999, 2281)
NRS 141.045 Letters of special administration. Letters
of special administration may be in substantially the following form, after
properly entitling the court:
In the Matter of the Estate of )
) Case
No.
)
deceased. ) Letters
of Special Administration
...................................................... )
On ……… (day) …… (month) …….
(year), the court entered an order appointing (name) as
special administrator of the decedent’s estate. The order includes:
[ ] 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 special administrator,
after being duly qualified, may act and has the authority and duties of special
administrator.
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 special administrator, 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.
…………………………
Special
Administrator
SUBSCRIBED AND AFFIRMED before me
this ….…. (day) of ….…. (month) of ……… (year).
CLERK
OF COURT
By
.....................................................
Deputy
Clerk
(or)
....................................................
NOTARY
PUBLIC
County
of ……… State of ..........
(Added to NRS by 1999, 2278; A 2003, 2509)
DISABILITY AND SUBSTITUTION
NRS 141.050 Effect of subsequent probate. If,
after granting letters of administration on the ground of intestacy, a will of
the decedent is duly proved and allowed by the court, the letters of
administration must be revoked and the power of the administrator ceases, and
the administrator shall render an account of his or her administration within
such time as the court directs. In such a case, the executor of the will, or
the administrator with the will annexed, is entitled to demand, maintain an
action for and collect all the goods, chattels and effects of the decedent,
remaining unadministered, and may prosecute to final judgment any action
commenced by or against the administrator before the revocation of that
administrator’s letters.
[92:107:1941; 1931 NCL § 9882.92]—(NRS A 1999, 2282)
NRS 141.060 Incapacity of joint personal representatives. If one of several personal representatives of
the same estate to whom letters have been granted dies, becomes incapacitated
or disqualified, or otherwise becomes incapable of executing the duties of the
office, or if the letters are revoked or annulled according to law with respect
to one personal representative, the remaining personal representative shall
proceed and complete the administration of the estate.
[90:107:1941; 1931 NCL § 9882.90]—(NRS A 1999, 2282)
NRS 141.070 Incapacity of all personal representatives. If all the personal representatives die or
from any cause become incapable of executing the duties of their office, or the
authority of all of them is revoked or annulled according to law, the court shall
direct letters to be issued according to the priority established in NRS 139.040. The successor personal
representative shall post such bond as the court may require.
[91:107:1941; 1931 NCL § 9882.91]—(NRS A 1959, 47; 1977, 410; 1999, 2282)
RESIGNATION, SUSPENSION AND REMOVAL
NRS 141.080 Procedure for resigning appointment of personal representative. A personal representative may resign the
appointment at any time, by a writing filed with the court, to take effect upon
the settlement of the accounts. If, however, by reason of any delay in the
settlement or for any other cause, the circumstances of the estate or the
rights of those interested therein require it, the court, at any time after the
tendering of the resignation, may revoke the letters of the personal
representative and appoint a successor personal representative in the same
manner as is directed in relation to original letters. The liability of the
previous personal representative or of the sureties on the bond of the personal
representative is not discharged, released or affected by the resignation or
appointment, but continues until the personal representative has delivered up
all the estate to the successor and filed an accounting in accordance with NRS 150.080, and the accounting has been
approved by the court.
[93:107:1941; 1931 NCL § 9882.93]—(NRS A 1999, 2283)
NRS 141.090 Causes for suspending appointment of personal representative. If a court has reason to believe, from its own
knowledge or from credible information, that a personal representative:
1. Has wasted, converted to the personal
representative’s own use or mismanaged, or is about to waste or convert to the
personal representative’s own use, the property of the estate committed to the
personal representative’s charge;
2. Has committed or is about to commit any
wrong or fraud upon the estate;
3. Has become disqualified to act;
4. Has wrongfully neglected the estate;
5. Has a conflict of interest with the
estate; or
6. Has unreasonably delayed the
performance of necessary acts in any particular as personal representative,
Ê the court
may, by an order entered upon the minutes, suspend the powers of the personal
representative until the matter can be investigated, or take such other action
as it deems appropriate under the circumstances.
[276:107:1941; A 1953, 170]—(NRS A 1999, 2283; 2003, 2510)
NRS 141.095 Powers of personal representative limited after receiving notice
of proceeding to suspend or remove appointment; disposition or transfer of
assets after removal. After
receipt of notice of a proceeding to suspend or remove a person as personal
representative, the person shall not act except to account, correct malfeasance
or misfeasance of administration, or preserve the estate. If removal is
ordered, the court shall also order the disposition or transfer of the assets
remaining in the name or under the control of the personal representative being
removed.
(Added to NRS by 1999, 2279)
NRS 141.100 Appointment of special administrator during suspension of
personal representative; bond. During
the suspension of the powers of a personal representative, as provided in NRS 141.090 and 142.110,
the court, if the condition of the estate requires, may appoint a special
administrator to take charge of the estate. The special administrator must post
such bond as the court may require.
[277:107:1941; 1931 NCL § 9882.277]—(NRS A 1999, 2283)
NRS 141.110 Personal representative cited to show cause after suspension;
service of citation.
1. If an order of suspension is entered,
the clerk shall issue a citation, reciting the order of suspension, to the
personal representative to appear before the court at a time stated, as fixed
by the court, to show cause why the letters of the personal representative
should not be revoked.
2. The citation must be served as provided
in NRS 155.050.
3. If the personal representative has
absconded or has left the State, the citation may be served by leaving a copy
with the personal representative’s attorney of record, if available, or in such
manner as the court may direct, and the court has jurisdiction to proceed as if
the citation had been personally served.
[Part 278:107:1941; 1931 NCL § 9882.278] +
[280:107:1941; 1931 NCL § 9882.280]—(NRS A 1999, 2284)
NRS 141.120 Interested person may file charges for removal of personal
representative. Except as
otherwise provided in NRS 155.165, an
interested person may appear at the hearing and file allegations in writing,
showing that the personal representative should be removed.
[279:107:1941; 1931 NCL § 9882.279]—(NRS A 1999, 2284; 2011, 1436)
NRS 141.130 Hearing for removal of personal representative; powers of court.
1. If the personal representative fails to
appear as required by the citation, or if the personal representative appears
and the court is satisfied that good grounds exist for removal, the letters of
the personal representative must be revoked, and new letters must issue.
2. In proceedings for the removal of a
personal representative, the court may compel the attendance of the personal
representative by proper process, and may require the personal representative
to answer questions, on oath, relating to the administration, and, upon refusal
to do so, may commit the personal representative to jail until the personal
representative obeys or may revoke the letters, or both.
[Part 278:107:1941; 1931 NCL § 9882.278] +
[281:107:1941; 1931 NCL § 9882.281]—(NRS A 1999, 2284)
NRS 141.140 Acts of personal representative before revocation. All acts of a personal representative before
the revocation of the letters of the personal representative are as valid, for
all intents and purposes, as if the personal representative had continued
lawfully to execute the duties of the office.
[94:107:1941; 1931 NCL § 9882.94]—(NRS A 1999, 2284)
