[Rev. 11/21/2013 9:49:20
AM--2013]
CHAPTER 151 - ADJUSTMENTS; DISTRIBUTION AND
DISCHARGE
GENERAL PROVISIONS
NRS 151.003 Order
of priority for payment of devises.
AGREEMENTS
NRS 151.005 Agreement
by distributees to alter interests, shares or amounts to which they are
otherwise entitled under terms of will: Requirements; exceptions; personal
representative to abide by terms.
PARTIAL DISTRIBUTION
NRS 151.010 Petition
for partial distribution; bond.
NRS 151.020 Petition
for hearing and notice of hearing.
NRS 151.030 Contest
of petition.
NRS 151.040 Order
for distribution: Prerequisites to order; bond; assumption of personal
liability by heir or devisee.
NRS 151.050 Order
of repayment: Action on bond or other security; action against distributee if
no bond or other security given.
NRS 151.060 Partition
when partial distribution ordered.
NRS 151.070 Costs.
FINAL DISTRIBUTION
NRS 151.080 Petition
for final distribution.
NRS 151.090 Notice
of hearing of petition.
NRS 151.095 Manner
of distribution; distribution without proration.
NRS 151.110 Order
and distribution; recording of copy of order conveying real property.
ADVANCEMENTS, SATISFACTION OF TESTAMENTARY GIFTS, ADEMPTIONS
AND ABATEMENT
NRS 151.120 When
gift before death not deemed advancement.
NRS 151.130 Computation
of share of estate if heir or devisee received advancement.
NRS 151.140 Value
of property advanced.
NRS 151.150 Predeceased
heir or devisee.
NRS 151.160 Determination
of questions as to advancements.
NRS 151.161 When
gift before death not deemed satisfaction of testamentary gift.
NRS 151.162 Value
of gift in satisfaction of testamentary gift.
NRS 151.163 Effect
of abatement.
NRS 151.167 Property
sold to pay debts, expenses or family allowances: Contribution between
devisees.
DISCHARGE
NRS 151.170 Payments
to county treasurer for person who cannot be found, minor or incapacitated
person without guardian, and others.
NRS 151.180 Distribution
to guardians of nonresident minors and incapacitated persons.
NRS 151.190 Sale
of unclaimed personal property; disposition of proceeds.
NRS 151.210 Claim
of money paid into State Treasury; order of court.
NRS 151.220 Specific
devise of personal property for life only.
NRS 151.230 Order
of discharge; court may excuse filing of receipt; order for distribution of
estate from recovery of distributed property.
REOPENING
NRS 151.240 Subsequent
administration; limitation on reopening estate.
NRS 151.250 Petition;
hearing and notice.
NRS 151.260 Supplemental
orders.
_________
GENERAL PROVISIONS
NRS 151.003 Order of priority for payment of devises. The property of a testator, except as
otherwise provided in this title, must be resorted to for the payment of
devises in the following order:
1. The property which is expressly
appropriated by the will for the specific devise.
2. Property not disposed of by the will.
3. Property which is devised to a
residuary devisee.
(Added to NRS by 1999, 2340)
AGREEMENTS
NRS 151.005 Agreement by distributees to alter interests, shares or amounts
to which they are otherwise entitled under terms of will: Requirements;
exceptions; personal representative to abide by terms. Subject
to the rights of creditors and taxing authorities, distributees may agree among
themselves to alter the interests, shares or amounts to which they are entitled
under the terms of the will of the decedent, or under the laws of intestacy, in
any way that they provide in a written agreement executed by all who are
affected by its provisions. The personal representative shall abide by the
terms of the agreement subject to his or her obligation to administer the
estate for the benefit of creditors, to pay all taxes and costs of
administration, and to carry out the responsibilities of the office for the
benefit of any distributees of the decedent who are not parties. Personal
representatives of the estate of decedents are not required to oversee the
performance of trusts if the trustee thereof is another person who is willing
to accept the trust. Accordingly, trustees of a testamentary trust are
distributees for the purposes of this section. This section does not relieve
trustees of any duties owed to beneficiaries of trusts.
(Added to NRS by 1997, 1491; A 1999, 2341)
PARTIAL DISTRIBUTION
NRS 151.010 Petition for partial distribution; bond.
1. At any time after the lapse of 3 months
from the issuing of letters, the personal representative or any heir or
devisee, or the assignee, grantee or successor in interest of any heir or
devisee, may petition the court to distribute a share of the estate, or any
portion thereof, to any person entitled thereto, upon the person giving a bond,
with approved security, for the payment of the person’s proportion of the debts
of the estate.
2. The court may dispense with a bond if
it is made to appear that the bond is unnecessary.
[235:107:1941; A 1955, 161]—(NRS A 1999, 2341)
NRS 151.020 Petition for hearing and notice of hearing. The clerk shall set the petition for hearing
and the petitioner shall give notice for the period and in the manner provided
in NRS 155.010.
[236:107:1941; A 1955, 161]—(NRS A 1999, 2342)
NRS 151.030 Contest of petition. The
personal representative, if not the petitioner, or an interested person, may
object to the petition, or an heir or devisee may submit a similar petition.
[237:107:1941; A 1955, 161]—(NRS A 1999, 2342)
NRS 151.040 Order for distribution: Prerequisites to order; bond; assumption
of personal liability by heir or devisee.
1. Subject to the provisions of subsection
3, if it appears at the hearing that the estate has little debt and that the
share or shares of the party or parties petitioning may be allowed without
injury to the creditors of the estate, the court shall enter an order in
conformity with the request of the petitioner or petitioners.
2. The order may direct the personal
representative to deliver to the petitioner or petitioners the whole portion of
the estate to which each is entitled, or a part of the portion, if there is
sufficient property remaining in the estate to satisfy the debts or if there is
filed with the court an assumption of liability for a contingent or disputed
debt as provided in subsection 3. The court may impose any other conditions it
determines are just, including a requirement that a distributee give a security
interest in all or part of the property distributed or give bond in an amount
determined by the court. The bond must be payable to the personal
representative and conditioned for the payment by the distributee, whenever
required, of his or her proportion of the debts of the estate.
3. As a condition of an order under
subsection 2, if directed by the court, each heir or devisee shall file with
the court a signed and acknowledged agreement assuming personal liability for
the contingent or disputed debt and consenting to jurisdiction in this State
for the enforcement of the debt if it becomes absolute or established. The
personal liability of each heir or devisee does not exceed the fair market
value on the date of distribution of the property distributed less the amount
of any liens or encumbrances. If there is more than one heir or devisee, their
personal liability is joint and several.
[238:107:1941; 1931 NCL § 9882.238] + [239:107:1941;
1931 NCL § 9882.239]—(NRS A 1999, 2342)
NRS 151.050 Order of repayment: Action on bond or other security; action
against distributee if no bond or other security given.
1. If a bond or other security has been
executed and delivered as prescribed in NRS 151.040,
and the personal representative ascertains that it is necessary for the
settlement of the estate to require the payment of any part of the money
thereby secured, the personal representative shall petition the court for an order
requiring the payment and cause a citation to be issued and served upon the
parties bound, requiring them, at a time and place, not more than 10 days after
the date of the citation, to be stated therein, to appear and show cause why
the order should not be made.
2. The court, if satisfied of the
necessity for the payment to be made, shall enter an order designating the
amount and giving a time in which it shall be paid.
3. If the money is not paid within the
time allowed, an action may be maintained by the personal representative on the
bond or other security.
4. Similar proceedings may be initiated
against an heir or devisee if no bond or other security is given.
[242:107:1941; 1931 NCL § 9882.242]—(NRS A 1999, 2343)
NRS 151.060 Partition when partial distribution ordered. If, in the execution of the order, partition
is necessary between two or more of the parties, it must be made in the manner
prescribed in chapter 152 of NRS.
[240:107:1941; 1931 NCL § 9882.240]—(NRS A 1999, 2343)
NRS 151.070 Costs. The costs of
proceedings for a partial distribution must be paid by the heir or devisee or,
if there are more than one, must be prorated among them.
[241:107:1941; 1931 NCL § 9882.241]—(NRS A 1999, 2343)
FINAL DISTRIBUTION
NRS 151.080 Petition for final distribution.
1. If a personal representative files his
or her final account with a petition requesting the allowance and confirmation
thereof, the personal representative may also include in the petition a request
for the distribution of the estate. Upon the settlement and allowance of the
final account, the court may also order a distribution of the residue of the
estate, if any, among the persons who are by law entitled thereto.
2. If a final account is settled and
allowed without an order of distribution, the personal representative, or an
heir or devisee, or an assignee or grantee of an heir or devisee, at any time
thereafter, may petition the court for an order distributing the estate.
[Part 243:107:1941; 1931 NCL § 9882.243]—(NRS A 1999, 2343)
NRS 151.090 Notice of hearing of petition.
1. When a petition for final distribution
is filed, the clerk shall set the petition for hearing and the petitioner shall
give notice for the period and in the manner provided in NRS 155.010.
2. The court may order such further notice
as it deems proper.
[Part 243:107:1941; 1931 NCL § 9882.243]—(NRS A 1975,
1778; 1985,
2037; 1997,
1492; 1999,
2343)
NRS 151.095 Manner of distribution; distribution without proration.
1. Except as otherwise provided in
subsection 2 or in the will, a personal representative may distribute property
and money:
(a) In divided or undivided interests; and
(b) With or without proration.
2. Each affected beneficiary must agree
before any property or money is distributed without proration, unless the will
authorizes a personal representative to distribute property and money without
proration.
(Added to NRS by 1999, 2340)
NRS 151.110 Order and distribution; recording of copy of order conveying
real property.
1. After the accounts of a personal
representative have been settled and an order for the distribution of the
estate entered by the court, the personal representative shall, without any
unnecessary delay, distribute the estate remaining undistributed as directed by
the order.
2. In the order, the court shall name the
persons and the proportion or parts to which each is entitled, and that person
has the right to demand and recover a respective share from the personal
representative or any other person having possession of it.
3. The personal representative shall,
within 10 days after the entry of an order of distribution conveying any real
property, record a certified copy of the order with the county recorder of the
county in which the order was entered and of any other county in which the real
property, or any portion of it, is located.
[233:107:1941; 1931 NCL § 9882.233] + [Part
244:107:1941; A 1947, 38; 1943 NCL § 9882.244]—(NRS A 1963, 17; 1999, 2344)
ADVANCEMENTS, SATISFACTION OF TESTAMENTARY GIFTS,
ADEMPTIONS AND ABATEMENT
NRS 151.120 When gift before death not deemed advancement. No gift or grant shall be deemed to have been
made as an advancement unless:
1. So expressed in the gift or grant;
2. Charged in writing by the decedent as
an advancement; or
3. Acknowledged in writing by the donee to
be such.
[303:107:1941; 1931 NCL § 9882.303]—(NRS A 1999, 2344)
NRS 151.130 Computation of share of estate if heir or devisee received
advancement.
1. Any property given by a decedent during
the lifetime of the decedent as an advancement to a donee must be considered as
part of the estate for the sole purpose of computing the respective shares of
the distributees and must be taken by the donee toward his or her share of the
estate of the decedent.
2. If the amount of the advancement
exceeds the share of the heir or devisee so advanced, the heir or devisee is
excluded from any further portion in the distribution and division of the
estate, but he or she is not required to refund any part of the advancement. If
the amount so received is less than the share of the heir or devisee, he or she
is entitled to as much more as will give the heir or devisee his or her full
share of the estate of the decedent.
[301:107:1941; 1931 NCL § 9882.301] + [302:107:1941;
1931 NCL § 9882.302]—(NRS A 1999, 2344)
NRS 151.140 Value of property advanced. If
the value of the advancement is expressed in the conveyance, or in the charge
thereof made by the decedent, or in the acknowledgment of the person receiving
it, that value must be used in the distribution and division of the estate.
Otherwise, the value must be estimated according to its value when given, as
nearly as can be ascertained.
[304:107:1941; 1931 NCL § 9882.304]—(NRS A 1999, 2344)
NRS 151.150 Predeceased heir or devisee. If
a child or other lineal descendant so advanced dies before the person making
the advancement, leaving issue, the advancement must be taken into
consideration in the distribution and division of the estate as if the
advancement had been made directly to the issue.
[305:107:1941; 1931 NCL § 9882.305]—(NRS A 1999, 2345)
NRS 151.160 Determination of questions as to advancements. All questions as to advancements made, or
alleged to have been made, by a decedent to heirs or devisees may be heard and
determined by the court, and must be specified in the order distributing the
estate, and in the warrant to the commissioners provided for in NRS 152.050, and the final order of the
court is binding on all interested persons, subject to the right of any party
to appeal from a final order.
[267:107:1941; 1931 NCL § 9882.267]—(NRS A 1999, 2345)
NRS 151.161 When gift before death not deemed satisfaction of testamentary gift. No gift or grant by the decedent shall be
deemed to have been made as satisfaction of a testamentary gift unless:
1. So expressed in the instrument
providing for the gift or grant;
2. Charged in a writing by the decedent as
partial or complete satisfaction of a testamentary gift; or
3. Acknowledged in writing by the donee to
be such.
(Added to NRS by 2003, 2514)
NRS 151.162 Value of gift in satisfaction of testamentary gift. If the value of the gift is expressed in the
instrument providing for the gift or grant, or in a writing of the decedent, or
in an acknowledgment of the donee, that value must be used in the distribution
and division of the estate. Otherwise, the gift or grant must be valued as of
the time the donee came into possession or enjoyment of the property or as of
the time of death of the decedent, whichever occurs first.
(Added to NRS by 2003, 2514)
NRS 151.163 Effect of abatement. Unless
a different intention is expressed in the will, abatement takes place in any
class only as between devises of that class, and devises to a spouse or to
kindred are chargeable only after devises to persons not related to the
testator.
(Added to NRS by 1999, 2341)
NRS 151.167 Property sold to pay debts, expenses or family allowances:
Contribution between devisees. If
property given by will to persons other than the residuary devisees is sold for
the payment of debts or expenses or family allowances, all the devisees shall
contribute in proportion to their respective interests to the devisee whose
devise has been sold, and the court, when distribution is made, shall settle
the amount of the several liabilities and order the amount each person is
liable to contribute to be withheld from that person’s distributive share for
the purpose of the contribution.
(Added to NRS by 1999, 2341)
DISCHARGE
NRS 151.170 Payments to county treasurer for person who cannot be found,
minor or incapacitated person without guardian, and others. If property is assigned or distributed to a
person who cannot be found or who refuses to accept the property or to give a
proper voucher therefor, or to a minor or incapacitated person who has no legal
guardian to receive the property, or person authorized to receipt therefor, and
the property or any part thereof consists of money, the personal representative
may deposit the money, in the name of the assignee or distributee, with the
county treasurer of the county in which the proceedings are pending. The county
treasurer shall give a receipt for the money and is liable upon the official
bond of the county treasurer therefor. The receipt must be received by the
court as a voucher in favor of the personal representative with the same force
and effect as if executed by the assignee or distributee.
[268:107:1941; 1931 NCL § 9882.268]—(NRS A 1999, 2345)
NRS 151.180 Distribution to guardians of nonresident minors and
incapacitated persons. If an
assignee or distributee is a nonresident minor or incapacitated person who has
a guardian of his or her estate legally appointed under the laws of a foreign
jurisdiction, the distribution of the assignee’s or distributee’s share may be
made to the legally appointed guardian, whose receipt therefor, together with a
certificate of appointment issued under the seal of the court by the clerk of
the court appointing the guardian, when filed with the clerk of the court in
which the assignment or distribution was ordered, must be received by the court
as a complete receipt and voucher in favor of the personal representative.
[269:107:1941; 1931 NCL § 9882.269]—(NRS A 1999, 2345)
NRS 151.190 Sale of unclaimed personal property; disposition of proceeds.
1. If personal property remains in the
possession of a personal representative unclaimed for 1 year, or if the
distributee refuses to accept or give a proper receipt for the property, or is
a minor or incapacitated person and has no legally qualified guardian of his or
her estate, and it appears to the court that it is for the benefit of those interested,
or if the personal representative desires to be discharged and it appears to
the court that no injury will result to those interested, the court shall order
the property to be sold.
2. The proceeds, after deducting such
expenses of sale as may be allowed by the court, must be paid into the State
Treasury. The depositor must take from the Treasurer a receipt, which must be
filed with the court.
[270:107:1941; 1931 NCL § 9882.270]—(NRS A 1999, 2345)
NRS 151.210 Claim of money paid into State Treasury; order of court. If any person appears and claims the money
paid into the State Treasury, the court making the distribution shall inquire
into the claim, and, if satisfied of the right of the person thereto, shall
enter an order to that effect to present to the State Treasurer.
[272:107:1941; 1931 NCL § 9882.272]—(NRS A 1999, 2346)
NRS 151.220 Specific devise of personal property for life only. If a specific devise of personal property is
for life only, the life tenant must sign and deliver to the remainderman or, if
there is none, to the personal representative, an inventory of the property,
acknowledging that it is in the life tenant’s custody for life only, and that,
on death, it is to be delivered to the remainderman.
[273:107:1941; 1931 NCL § 9882.273]—(NRS A 1999, 2346)
NRS 151.230 Order of discharge; court may excuse filing of receipt; order for
distribution of estate from recovery of distributed property.
1. If an estate has been fully
administered, and it is shown by the personal representative, by the production
of satisfactory receipts, that all sums of money due and all the property of the
estate has been distributed to the persons entitled to it and all acts lawfully
required have been performed, the court shall enter an order discharging
sureties from all liability thereafter to be incurred.
2. The court may excuse the filing of a receipt
on a proper showing that the personal representative is unable, after
reasonable effort, to obtain a receipt and that the property has been delivered
to or is in the possession of the distributee or creditor.
3. The provisions of this section do not
bar a successful appellant from an order for the distribution of an estate from
the recovery of any property distributed to an heir or devisee pursuant to the
order.
[274:107:1941; 1931 NCL § 9882.274]—(NRS A 1981, 463;
1999, 2346)
REOPENING
NRS 151.240 Subsequent administration; limitation on reopening estate.
1. Except as otherwise provided in
subsection 2, the final settlement of an estate does not prevent:
(a) The reopening of the estate for the purpose
of administering other property which has been discovered or for correcting
errors made in the description of the property administered.
(b) The subsequent issuance of letters if it
becomes necessary or proper for any cause that letters should again be issued.
2. In the absence of fraud, an estate must
not be reopened based upon the discovery of:
(a) A will, if the estate was administered as if
the decedent had died intestate; or
(b) A will dated later than the will that was
probated.
[275:107:1941; 1931 NCL § 9882.275]—(NRS A 1983, 196;
1991, 132; 1999, 2346)
NRS 151.250 Petition; hearing and notice. An
heir, devisee, creditor or other interested person may petition for the
reopening of an estate upon the grounds provided in NRS
151.240. The petition must set forth the names of all heirs, devisees and
creditors and their addresses, if known. If the address is unknown to the
petitioner, the petitioner shall state that fact in the petition. The clerk
shall set the petition for hearing and the petitioner shall give notice for the
period and in the manner required by NRS
155.010.
(Added to NRS by 1983, 196; A 1999, 2347)
NRS 151.260 Supplemental orders. Upon
hearing the petition, if good cause is shown, the court may:
1. Reopen the estate.
2. Order the administration of other
property which has been discovered.
3. Enter any necessary orders to correct
errors made in the description of the estate previously administered.
Ê In the
absence of fraud, no proceedings may be taken by the court after the reopening
of an estate except as necessary to administer other property which has been
discovered or to correct errors made in the description of the estate
previously administered. Any orders of the court made necessary by the
reopening of the estate must be designated as supplemental orders.
(Added to NRS by 1983, 196; A 1999, 2347)
