Nrs: Chapter 140 - Special Administrators

Link to law: https://www.leg.state.nv.us/NRS/NRS-140.html
Published: 2015

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[Rev. 11/21/2013 9:45:28

AM--2013]



CHAPTER 140 - SPECIAL ADMINISTRATORS

NRS 140.010           Causes

for appointment.

NRS 140.020           Notice

and order of appointment; order not appealable.

NRS 140.030           Bond

and oath.

NRS 140.040           Powers,

duties and immunity from liability for certain claims.

NRS 140.050           Payment

of mortgage or lien; payment of interest.

NRS 140.060           Appointment

pending contest of will or appeal from order; appointment before contest of

will.

NRS 140.070           Effect

of grant of letters testamentary or letters of administration.

NRS 140.080           Account

of special administrator.

_________

 

      NRS 140.010  Causes for appointment.  The

court shall appoint a special administrator to collect and take charge of the

estate of the decedent, in whatever county or counties the estate may be found,

and to exercise such other powers as may be necessary to preserve the estate:

      1.  If there is a delay in granting letters

testamentary or letters of administration, from any cause.

      2.  If letters are granted irregularly.

      3.  If no sufficient bond is filed as

required by the court.

      4.  If no petition is filed for letters.

      5.  If an executor or administrator dies or

is suspended or removed, and the circumstances of the estate require the

immediate appointment of a personal representative.

      6.  If there may be no assets subject to

administration but good cause exists for the appointment of a personal

representative of the decedent.

      7.  In any other proper case.

      [82:107:1941; 1931 NCL § 9882.82]—(NRS A 1999, 2275)

      NRS 140.020  Notice and order of appointment; order not appealable.

      1.  The appointment of a special

administrator may be made at chambers or in open court, and without notice or

upon such notice to such interested persons as the court deems reasonable, and

must be made by entry upon the minutes of the court or by written order signed

and filed, which must specify the powers to be exercised by the special

administrator.

      2.  Upon the filing of the order, and after

the person appointed has given bond if fixed by the court, the clerk shall issue

special letters of administration, with a copy of the order attached.

      3.  In making the appointment of a special

administrator, the court:

      (a) Must appoint a person who satisfies the

qualifications set forth in NRS 139.010;

and

      (b) May give preference to the person or persons

entitled to letters testamentary or letters of administration, but no appeal

may be taken from the appointment.

      [83:107:1941; 1931 NCL § 9882.83] + [84:107:1941;

1931 NCL § 9882.84]—(NRS A 1999, 2276; 2009, 1627)

      NRS 140.030  Bond and oath.  Before

letters issue to a person as a special administrator, the person must:

      1.  Give bond in such sum as the court

directs, with sureties to the satisfaction of the court, conditioned for the

faithful performance of the duties, unless the court waives bond; and

      2.  Take the usual oath of office.

      [85:107:1941; 1931 NCL § 9882.85]—(NRS A 1999, 2276)

      NRS 140.040  Powers, duties and immunity from liability for certain claims.

      1.  A special administrator shall:

      (a) Collect and preserve for the executor or

administrator when appointed all the goods, chattels and receivables of the

decedent, and all incomes, rents, issues, profits, claims and demands of the

estate.

      (b) Take charge and management of the real

property and enter upon and preserve it from damage, waste and injury.

      2.  A special administrator may:

      (a) For all necessary purposes, commence,

maintain or defend actions and other legal proceedings as a personal

representative.

      (b) Without prior order of the court, sell any

perishable property of the estate, as provided in NRS 148.170.

      (c) Exercise such other powers as have been

conferred by the order of appointment.

      (d) Obtain leave of the court to borrow money or

to lease or mortgage real property in the same manner as an executor or

administrator.

      3.  A special administrator is not liable:

      (a) To any creditor on any claim against the

estate; or

      (b) For any claim against the decedent except a

claim involving wrongful death, personal injury or property damage if the

estate contains no assets other than a policy of liability insurance.

      [Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1971,

647; 1983, 668; 1999,

2276)

      NRS 140.050  Payment of mortgage or lien; payment of interest.

      1.  If any property in the control or

possession of a special administrator is subject to a mortgage or lien to

secure the payment of money, and there is danger that the holder of the

security may enforce or foreclose the encumbrance, and the value of the

property exceeds the amount of the obligation thereon, then, upon petition of

the special administrator or an interested person and upon such notice as the

court deems proper, the court may authorize or direct the special administrator

to make one or more payments on all or any part of the amount so secured.

      2.  The order may also direct that interest

not yet accrued be paid as it becomes due, and the order shall remain in effect

and cover such future interest unless and until for good cause set aside or

modified by the court upon petition and notice, in the same manner as an

executor or administrator.

      [Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1999, 2277)

      NRS 140.060  Appointment pending contest of will or appeal from order;

appointment before contest of will.

      1.  If a special administrator is appointed

pending determination of a contest of a will instituted before it is admitted

to probate, or pending an appeal from an order appointing, suspending or

removing an executor or administrator, the special administrator has the same

powers, duties and obligations as an executor or administrator, and the letters

of administration issued to the special administrator must recite that the

special administrator is appointed with those powers.

      2.  If a special administrator has been

appointed, and thereafter a proceeding to contest a will before it is admitted

to probate has been instituted, the court shall enter an order granting to the

special administrator the additional powers, duties and obligations of an

executor or administrator and requiring such additional bond as the court deems

proper. The order is not appealable.

      [87:107:1941; 1931 NCL § 9882.87]—(NRS A 1999, 2277)

      NRS 140.070  Effect of grant of letters testamentary or letters of

administration.  If letters

testamentary or letters of administration are granted, the powers of a special

administrator cease, and the special administrator shall immediately deliver to

the executor or administrator all the property and effects of the decedent in

the possession of the special administrator and the executor or administrator

may prosecute to final judgment any action commenced by the special

administrator.

      [88:107:1941; 1931 NCL § 9882.88]—(NRS A 1999, 2277)

      NRS 140.080  Account of special administrator.  A

special administrator shall also render an account, under oath, of the

proceedings in like manner as other administrators are required to do, but if a

person serving as special administrator is appointed the succeeding

administrator or the executor, the accounting otherwise due from the special

administrator may be included in the first accounting as administrator or

executor.

      [89:107:1941; 1931 NCL § 9882.89]—(NRS A 1975, 1769;

1981, 520; 1999,

2277)