[Rev. 11/21/2013 9:49:36
AM--2013]
CHAPTER 154 - ESCHEATS
PROPERTY ESCHEATING TO STATE
NRS 154.010 When
estates escheat; escheated estates must be used for educational purposes.
NRS 154.015 Payments
or deliveries by personal representative to State Treasurer: Filing of receipt
or certificate; release of liability of personal representative.
NRS 154.020 Information
filed by Attorney General: Contents.
NRS 154.030 Citation:
Issuance; publication.
NRS 154.040 Receiver:
Appointment on petition of Attorney General after filing of information; bond.
NRS 154.060 Claimants
may appear and plead to information.
NRS 154.070 Judgment
and costs.
NRS 154.080 Sale
of real property after judgment: Procedure.
NRS 154.100 Appeal
from judgment.
NRS 154.105 Sale
of escheated property; deposit of proceeds.
NRS 154.110 Duties
of Director of State Department of Conservation and Natural Resources.
NRS 154.115 Duties
of State Controller.
NRS 154.120 Proceedings
for recovery of property.
NRS 154.130 Person
furnishing information entitled to percentage of value of recovered property.
NRS 154.140 Deposit
of money from escheated estates.
DISPOSITION OF REAL PROPERTY AFTER ESCHEAT
NRS 154.150 Petition
to acquire title to escheated property.
NRS 154.160 Petition
to be accompanied by purchase price and fees.
NRS 154.170 Notice
of sale: Posting, publication and contents; rejection of bids.
NRS 154.180 Costs
borne by purchaser.
_________
PROPERTY ESCHEATING TO STATE
NRS 154.010 When estates escheat; escheated estates must be used for
educational purposes. An estate
escheats to and is vested in the State of Nevada for educational purposes if
any person dies or has died, within this State, seised of any real or personal
estate, and leaving no heirs, representatives or devisees capable of inheriting
or holding the estate, and in all cases where there is no owner of the estate
capable of holding it. Any balance remaining in a retired employee’s or
beneficiary’s individual account under the Public Employees’ Retirement System
or the Judicial Retirement System established pursuant to chapter 1A of NRS is not an estate within the
meaning of this chapter.
[311:107:1941; 1931 NCL § 9882.311]—(NRS A 1977,
1598; 1999,
2354; 2001
Special Session, 93)
NRS 154.015 Payments or deliveries by personal representative to State
Treasurer: Filing of receipt or certificate; release of liability of personal
representative. If a personal
representative, on order of the court, pays over or delivers to the State Treasurer
property which has become escheatable to the State, the receipt or certificate
of the State Treasurer evidencing the payment or delivery must be filed with
the clerk of the district court in the county in which the estate is being
administered or is located. Upon filing of the receipt or certificate, the
personal representative is released from all further liability relating to the
property.
(Added to NRS by 1999, 2353)
NRS 154.020 Information filed by Attorney General: Contents.
1. If the Attorney General is informed, or
has reason to believe, that any real or personal property has become
escheatable to this State for the reasons specified in NRS
154.010, or that any such property has, for any other reason, become
escheatable, the Attorney General shall file an information on behalf of the
State in the district court of the county where the property, or any part
thereof, is located.
2. The information must set forth:
(a) A description of the property.
(b) The name of the person last lawfully seised.
(c) The name of the persons holding, possessing
or claiming the property, if known.
(d) The facts and circumstances giving rise to
the claim for escheatment.
3. The information must allege that the
State of Nevada has by law the right to the property.
[Part 312:107:1941; A 1951, 19]—(NRS A 1999, 2354)
NRS 154.030 Citation: Issuance; publication.
1. Upon the filing of the information, the
court shall order that a citation be issued to the person or persons alleged in
the information to hold, possess or claim the property, requiring them to
appear and show cause why the property should not vest in the State of Nevada.
Unless the court otherwise orders, the citation must be made returnable at
least 20 days after its service.
2. The court may also, if deemed
advisable, order the citation to be published in a newspaper published in the
county where the administration is pending, if any, and, if none, then in some
newspaper in this State.
[Part 312:107:1941; A 1951, 19]—(NRS A 1999, 2354)
NRS 154.040 Receiver: Appointment on petition of Attorney General after
filing of information; bond.
1. After the filing of an information as
provided in NRS 154.020, and upon petition of the
Attorney General, either before or after answer, upon notice to the person or
persons holding, possessing or claiming the property, if known, the court may,
on sufficient cause therefor being shown, appoint a receiver to take charge of
the real estate or personal property, other than money, mentioned in the
information, and receive the rents and profits of the property until the title
of the property is finally settled.
2. The receiver shall, before entering
upon his or her duties, execute a bond to the State of Nevada in a sum to be
fixed by the court, with sureties to be approved by the court, conditioned to
perform faithfully the duties of the trust and to account fully to the person
finally determined to be entitled to the property. That person may maintain an
action on the bond for any default or damage.
[316:107:1941; 1931 NCL § 9882.316]—(NRS A 1999, 2354)
NRS 154.060 Claimants may appear and plead to information.
1. All persons named in the information
may appear and plead to the proceedings, and may traverse or deny the facts
stated in the information and the title of the State to the estate at any time
on or before the return day of the citation.
2. Any other person claiming an interest
in the property may appear and be made a defendant, and plead as stated in
subsection 1 by petition for that purpose filed within the time allowed for
pleading.
3. If any person appears and pleads as
stated in subsections 1 and 2, denying the title claimed by the State, or
traverses any material fact set forth in the information, or issue or issues of
fact to be made up, the matter must proceed as other civil actions on issues of
fact.
4. A survey may be ordered, as in other
civil actions, if the boundary is called into question.
[Part 313:107:1941; 1931 NCL § 9882.313]—(NRS A 1999, 2355)
NRS 154.070 Judgment and costs. After
the issues are tried, if it shall appear from the facts that the State has a
good title to the estate mentioned in the information, or any part thereof, or
if no defense be made by anyone, judgment shall be rendered that the State be
seised thereof, and recover costs of suit against the defendants, if any
appear.
[Part 313:107:1941; 1931 NCL § 9882.313]
NRS 154.080 Sale of real property after judgment: Procedure.
1. Upon any judgment entered by a court of
competent jurisdiction, escheating real property to the State, on petition of
the Attorney General, or on petition of a personal representative of the
estate, the court shall, or the court may upon its own motion, enter an order
that the real property be sold by the sheriff of the county where the property
is situated, at public sale, after giving notice of the time and place of sale
as is provided in cases of sale of property under execution.
2. The sheriff shall, within 10 days after
the sale, submit a report thereof to the court. Upon the hearing of the report,
the court may examine the report and any witnesses, and if the proceedings were
unfair, or the sum bid is disproportionate to the value of the property sold,
or if it appears that a sum exceeding the bid by at least 5 percent may be
obtained, the court may vacate the sale and direct another sale to be conducted
in all respects as if no previous sale had taken place.
3. If an offer of 5 percent more in amount
than that named in the report is made to the court in writing by a responsible
person, the court may accept that offer and confirm the sale, or order a new
sale.
4. If it appears to the court that the
sale was legally made and fairly conducted, and that the sum bid is not
disproportionate to the value of the property sold, and that a sum in excess of
5 percent more than the bid cannot be obtained, or if an increased bid was
accepted by the court, the court shall enter an order confirming the sale and
directing the sheriff, in the name of the State, to execute to the purchaser a
conveyance of the property sold. The conveyance vests in the purchaser all the
right and title of the State therein.
5. The sheriff shall, out of the proceeds
of the sale, pay the costs of the proceedings incurred on behalf of the State,
including the expenses of making the sale, and also an attorney’s fee, if
additional counsel was employed in the proceedings, to be fixed by the court.
The sheriff shall deposit the remaining proceeds in the State Treasury for
credit to the Fund for Escheated Estates.
[Part 313:107:1941; 1931 NCL § 9882.313]—(NRS A 1983,
1091; 1999,
2355)
NRS 154.100 Appeal from judgment. As
in civil cases, the Attorney General, in behalf of the State, and any party who
has appeared in any proceedings mentioned in NRS
154.060, has the right to appeal from any judgment rendered in the
proceedings.
[314:107:1941; 1931 NCL § 9882.314]
NRS 154.105 Sale of escheated property; deposit of proceeds.
1. The State Treasurer may sell at a
public sale property in the custody of the State Treasurer which has escheated
to the State. The State Treasurer shall cause public notice of the sale to be
given. Any money received from the sale must be deposited in the State Treasury
for credit to the Fund for Escheated Estates.
2. The personal representative of an
estate shall sell any property and transmit the proceeds of the sale to the
State Treasurer for credit to the Fund for Escheated Estates unless the State
Treasurer authorizes transmittal of the property.
(Added to NRS by 1983, 1091; A 1999, 2356)
NRS 154.110 Duties of Director of State Department of Conservation and
Natural Resources. The Director of
the State Department of Conservation and Natural Resources shall keep a true
record or description of all real property vested in the State by escheat. All
real property must be described by legal subdivision, by metes and bounds
sufficiently accurate to identify the ground on an approved township plat from
the Bureau of Land Management or, if within an approved townsite, by reference
to the lot, block, and tract or subdivision.
[1:55:1941; 1931 NCL § 7530.01] + [Part 315:107:1941;
A 1951, 27]—(NRS A 1957, 654; 1983, 1092; 1991, 206)
NRS 154.115 Duties of State Controller. The
State Controller shall:
1. Keep a true account of all money paid
into the State Treasury for credit to the Fund for Escheated Estates and of all
real and personal property vested in the State by escheat.
2. Account separately for the
proportionate share of interest earned on the money in the Fund for Escheated
Estates and credit an amount equal to that interest to the Fund.
3. Transfer:
(a) All of the interest earned on the money in
the Fund for Escheated Estates;
(b) All income of any kind which is earned on any
real or personal property vested in the State by escheat; and
(c) All estates which are not claimed within the
period fixed by NRS 154.120, to the State Permanent
School Fund at least annually.
(Added to NRS by 1983, 1091)
NRS 154.120 Proceedings for recovery of property.
1. If, within 6 years after any judgment
escheating property to the State, any person claims any money or property
vested in the State by the judgment, the person may file a petition in the
district court of Carson City, stating the nature of the claim, with an
appropriate request for the relief demanded.
2. A copy of the petition must be served
upon the Attorney General before or at the time of filing. Within 20 days after
service, the Attorney General shall appear in the proceeding and plead or
answer the petition. If, after examining all the facts, the Attorney General is
convinced that the State has no legal defense against the petition, the
Attorney General may, with the consent of the court, confess judgment on behalf
of the State.
3. If judgment is not confessed, the
petition is at issue on the 20th day after its filing, and may be heard by the
court on that day, or at such future day as the court may order.
4. Upon the hearing, the court shall
examine the claim and hear the allegations and evidence. If the court finds
that the person is entitled to any money, it shall, by judgment, order the
State Controller to draw a warrant in favor of the claimant upon the State
Treasurer for the sum specified in the order, but without interest, income or
cost of any kind to the state. A certified copy of the judgment and order
directing the State Controller to draw the warrant for money is a sufficient
voucher to do so.
5. If any property is the subject of the
trial, and the court finds the claimant entitled to it, the court shall enter
an order accordingly. The order divests the interests of the State in or to the
property, but no interest, income or other cost of any kind may be taxed
against the State.
6. If any property has been sold as
provided in this chapter after the judgment of escheat, the petitioner is
entitled to the proceeds of the sale less the cost of the sale without any
interest, income or other cost to the State of any kind, in lieu of the
property, and the court shall enter an order accordingly.
7. All persons, except minors and
incapacitated persons, who fail to appear and file their petitions within the
time limited in subsection 1 are barred forever. Minors and incapacitated
persons may appear and file their petitions at any time within 5 years after
their respective disabilities are removed.
[Part 6:55:1941; A 1951, 26] + [Part 315:107:1941; A
1951, 27]—(NRS A 1969, 315; 1983, 1092; 1999, 2356)
NRS 154.130 Person furnishing information entitled to percentage of value of
recovered property. Any person
furnishing original information of any property escheatable to the State of
Nevada, with the necessary evidence to sustain the information in that behalf,
to the court of the county where the property is located, and to the Attorney
General, shall be entitled to receive, upon the final recovery of the property,
5 percent of the value of the property so recovered; provided:
1. That the amount so received by the
person furnishing the information shall not in the aggregate exceed the sum of
$20,000 in any one case; and
2. That one person only shall be entitled
to compensation for such service.
[317:107:1941; A 1951, 19]
NRS 154.140 Deposit of money from escheated estates. All money received by the State from escheated
estates must be deposited in the State Treasury for credit to the Fund for
Escheated Estates which is hereby created as a trust fund.
[318:107:1941; 1931 NCL § 9882.318]—(NRS A 1959, 23;
1983, 1093)
DISPOSITION OF REAL PROPERTY AFTER ESCHEAT
NRS 154.150 Petition to acquire title to escheated property.
1. A person desiring to acquire title to
any individual item or real property which has escheated to the State must
proceed by petition to the Director of the State Department of Conservation and
Natural Resources on forms obtainable at the office of the Director and in the
manner described in NRS 154.150 to 154.180, inclusive.
2. A petition for unimproved real property
outside of approved townsites may not be accepted for a parcel of land less
than the smallest legal subdivision (40 acres) unless the area in its entirety
is less than 40 acres. In such a case, that portion of the subdivision must be
described and disposed of on one petition unless, in the discretion of the
Director of the State Department of Conservation and Natural Resources, it is
found that the remaining portion could be disposed of within a reasonable
length of time, and would not become an isolated tract. The Director may then
accept an application for a portion of the tract, if a survey is made and a
plat submitted on tracing cloth, 24 inches by 32 inches, on which is set forth an
accurate description of the property by metes and bounds, with at least one
corner of the property tied to a point on the United States public land
surveys.
[2:55:1941; 1931 NCL § 7530.02]—(NRS A 1957, 654; 1999, 2357)
NRS 154.160 Petition to be accompanied by purchase price and fees. The petition must be accompanied by:
1. The purchase price in the amount of the
petitioner’s offer for the real property desired.
2. A sufficient sum to cover the cost of
advertising.
3. A fee of $5.
[3:55:1941; 1931 NCL § 7530.03]—(NRS A 1999, 2357)
NRS 154.170 Notice of sale: Posting, publication and contents; rejection of
bids.
1. The Director of the State Department of
Conservation and Natural Resources shall issue a receipt to the petitioner for
the amount deposited in his or her trust and shall without any unnecessary
delay cause notice of the petition to be given in the following manner:
(a) By posting one of the notices in a
conspicuous place in the office of the Director of the State Department of
Conservation and Natural Resources.
(b) By posting one of the notices at a
conspicuous place at the property.
(c) By publishing a notice in a newspaper in the
county in which the real property is located at least once each week for 4
consecutive weeks prior to the date of sale.
2. The notice must contain:
(a) The name of the deceased owner in which was
vested the title before death, if known.
(b) A description of the property as contained in
the petition.
(c) The amount of the offer contained in the
petition.
(d) A statement that the property will be sold to
the highest bidder, specifying the time and place of the sale and that the
transaction must be handled in legal tender of the United States or a certified
check.
3. The Director of the State Department of
Conservation and Natural Resources may reject any or all bids.
[4:55:1941; 1931 NCL § 7530.04]—(NRS A 1999, 2357)
NRS 154.180 Costs borne by purchaser. The
person to whom the title passes must pay the cost of advertising and the
petition fee. When the title passes to a person other than the person who made
the petition, the original petitioner must be reimbursed all moneys deposited
by him or her.
[5:55:1941; 1931 NCL § 7530.05]—(NRS A 1999, 2358)
