Nrs: Chapter 141 - Letters Generally; Changes In Administration

Link to law: https://www.leg.state.nv.us/NRS/NRS-141.html
Published: 2015

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[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)