[Rev. 11/21/2013 9:45:23 AM--2013]

CHAPTER 139 - APPOINTMENT OF ADMINISTRATORS

COMPETENCY AND PRIORITY

NRS 139.010           Qualifications.

NRS 139.030           Surviving partner.

NRS 139.040           Order of priority for right to appointment; priority of nominee.

NRS 139.050           Nomination.

NRS 139.060           Relatives of whole blood preferred to those of half blood.

NRS 139.070           Discretion of the court.

NRS 139.080           Failure to claim letters.

PETITION FOR LETTERS OF ADMINISTRATION

NRS 139.090           Contents of petition; effect of defect.

NRS 139.100           Clerk to set petition for hearing; notice of hearing.

NRS 139.110           Right of contest: Filing of counterpetition; notice and hearing.

NRS 139.120           Facts to be proved.

NRS 139.130           Entry in minutes or written order conclusive evidence of notice.

AGREEMENTS FOR RECOVERY OF PROPERTY

NRS 139.135           Circumstances in which agreement between heir finder and apparent heir is void and unenforceable.

REVOCATION OF LETTERS OF ADMINISTRATION

NRS 139.140           Right of person with priority to petition for revocation and reissuance of letters.

NRS 139.150           Procedure.

NRS 139.160           Assertion of prior right.

NRS 139.170           Discretion of court.

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COMPETENCY AND PRIORITY

      NRS 139.010  Qualifications.  No person is entitled to letters of administration if the person:

      1.  Is under the age of majority;

      2.  Has been convicted of a felony, unless the court determines that such a conviction should not disqualify the person from serving in the position of an administrator;

      3.  Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence, or lack of integrity or understanding;

      4.  Is not a resident of the State of Nevada, unless the person:

      (a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

      (b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or

      5.  Is a banking corporation that is not authorized to do business in this State, unless the banking corporation:

      (a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

      (b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.

      [53:107:1941; 1931 NCL § 9882.53]—(NRS A 1960, 347; 1969, 1199; 1999, 2272; 2001, 2344; 2003, 2691; 2009, 1626)

      NRS 139.030  Surviving partner.  The surviving partner of a decedent must not be appointed administrator of the estate if any interested person objects to the appointment.

      [52:107:1941; 1931 NCL § 9882.52]—(NRS A 1999, 2273)

      NRS 139.040  Order of priority for right to appointment; priority of nominee.

      1.  Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:

      (a) The surviving spouse.

      (b) The children.

      (c) The father or the mother.

      (d) The brother or the sister.

      (e) The grandchildren.

      (f) Any other of the kindred entitled to share in the distribution of the estate.

      (g) The public administrator.

      (h) Creditors who have become such during the lifetime of the decedent.

      (i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.

      (j) Any person or persons legally qualified.

      2.  A person in each of the foregoing classes is entitled:

      (a) To appointment, if the person is:

             (1) A resident of the State of Nevada or the person:

                   (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

                   (II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or

             (2) A banking corporation which is authorized to do business in this State or which:

                   (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

                   (II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.

      (b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.

      3.  If any heir who is otherwise entitled to appointment is a minor or an incompetent person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incompetent person as administrator.

      [49:107:1941; A 1945, 175; 1949, 13; 1943 NCL § 9882.49]—(NRS A 1967, 1057; 1969, 1199; 1975, 1768; 1999, 2273; 2001, 2344; 2009, 1626)

      NRS 139.050  Nomination.  Administration may be granted upon petition to one or more qualified persons, although not otherwise entitled to serve, at the written request of the person entitled, filed in the court.

      [61:107:1941; 1931 NCL § 9882.61]—(NRS A 1960, 347; 1999, 2273)

      NRS 139.060  Relatives of whole blood preferred to those of half blood.  When there shall be several persons claiming and equally entitled to the administration, relatives of the whole blood are preferred to those of the half blood.

      [50:107:1941; 1931 NCL § 9882.50]—(NRS A 1973, 634)

      NRS 139.070  Discretion of the court.  When there are several persons equally entitled to the administration, the court may, in its discretion, grant letters to one or more of them.

      [51:107:1941; 1931 NCL § 9882.51]

      NRS 139.080  Failure to claim letters.  Letters of administration may be granted to any petitioner, even if it appears that there are other persons having priority for appointment, if the latter fail to appear and claim the issuance of letters to themselves after receiving due notice of the proceeding.

      [60:107:1941; 1931 NCL § 9882.60]—(NRS A 1999, 2273)

PETITION FOR LETTERS OF ADMINISTRATION

      NRS 139.090  Contents of petition; effect of defect.

      1.  A petition for letters of administration must be in writing, signed by the petitioner or the attorney for the petitioner and filed with the clerk of the court, and must state:

      (a) The jurisdictional facts;

      (b) The names and addresses of the heirs of the decedent and their relationship to the decedent, so far as known to the petitioner, and the age of any who is a minor;

      (c) The character and estimated value of the property of the estate; and

      (d) Whether the person to be appointed as administrator has been convicted of a felony.

      2.  No defect of form or in the statement of jurisdictional facts actually existing voids an order appointing an administrator or any of the subsequent proceedings.

      [55:107:1941; 1931 NCL § 9882.55]—(NRS A 1985, 2036; 1995, 2770; 1999, 2274; 2009, 1627)

      NRS 139.100  Clerk to set petition for hearing; notice of hearing.  The clerk shall set the petition for hearing, and notice must be given to the heirs of the decedent and to the Director of the Department of Health and Human Services as provided in NRS 155.020. The notice must state the filing of the petition, the object and the time for hearing.

      [56:107:1941; 1931 NCL § 9882.56]—(NRS A 1975, 1768; 1995, 2572; 1999, 2274; 2003, 880)

      NRS 139.110  Right of contest: Filing of counterpetition; notice and hearing.  An interested person may contest the petition by filing a written opposition on the ground that the petitioner is not qualified or may assert the contestant’s own right to the administration and request that letters be issued to the contestant. In the latter case, the contestant must file a petition and give the notice required for the original petition, and the court must hear the two petitions together.

      [57:107:1941; 1931 NCL § 9882.57]—(NRS A 1999, 2274)

      NRS 139.120  Facts to be proved.  Before letters are granted, the fact of death and that the decedent died intestate, and that notice has been given as required in this chapter, must be proved by the evidence of the petitioner or others. The court may also examine the petitioner or any other person concerning the time, place and manner of death, the place of the decedent’s residence at the time of death, the character and value of the decedent’s property, and whether or not the decedent left a will, and the court may compel any person to attend as a witness for that purpose.

      [58:107:1941; 1931 NCL § 9882.58]—(NRS A 1999, 2274)

      NRS 139.130  Entry in minutes or written order conclusive evidence of notice.  An entry in the minutes or in the written order appointing the administrator that proof was made and that notice had been given according to law is conclusive evidence of the fact of such notice.

      [59:107:1941; 1931 NCL § 9882.59]—(NRS A 1999, 2274)

AGREEMENTS FOR RECOVERY OF PROPERTY

      NRS 139.135  Circumstances in which agreement between heir finder and apparent heir is void and unenforceable.

      1.  An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or assist in the recovery of an estate for which the public administrator has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter.

      2.  As used in this section, “heir finder” means a person who, for payment of a fee, assignment of a portion of any interest in a decedent’s estate or other consideration, provides information, assistance, forensic genealogy research or other efforts related to another person’s right to or interest in a decedent’s estate. The term does not include:

      (a) A person acting in the capacity of a personal representative or guardian ad litem;

      (b) A person appointed to perform services by a probate court in which a proceeding in connection with a decedent’s estate is pending; or

      (c) An attorney providing legal services to a decedent’s family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family member’s interest in the decedent’s estate.

      (Added to NRS by 2011, 1678)

REVOCATION OF LETTERS OF ADMINISTRATION

      NRS 139.140  Right of person with priority to petition for revocation and reissuance of letters.  When letters of administration have been granted to any person other than the surviving spouse or the spouse’s nominee, or the child, father, mother, brother or sister of the decedent, any one of them, if otherwise qualified, may obtain the revocation of the letters by presenting to the court a petition requesting the revocation, and that letters of administration be issued to the petitioner.

      [62:107:1941; 1931 NCL § 9882.62]—(NRS A 1999, 2274)

      NRS 139.150  Procedure.

      1.  If a petition for revocation is filed, notice must be given as in the case of an original petition, and the petitioner shall serve a citation on the administrator to appear and answer the petition at the time appointed for the hearing. The citation must be served on the administrator in accordance with NRS 155.050 at least 10 days before the date of the hearing.

      2.  At the time appointed, upon proof that the citation, together with a copy of the petition, has been duly served and notice given as required in subsection 1, the court shall take evidence upon the petition, and if the right of the petitioner is established, and the petitioner is qualified, letters of administration must be granted to him or her and the letters of the former administrator revoked. The former administrator shall promptly file an accounting in accordance with NRS 150.080.

      [63:107:1941; 1931 NCL § 9882.63]—(NRS A 1999, 2275)

      NRS 139.160  Assertion of prior right.  The surviving spouse, or nominee of the surviving spouse, when letters of administration have been granted to a child, parent, brother or sister of the decedent, or any of those relatives, when letters have been granted to any other of them, may assert the prior right of the spouse or nominee, and obtain letters of administration, and have the previous letters revoked in the manner prescribed in NRS 139.150.

      [64:107:1941; 1931 NCL § 9882.64]—(NRS A 1999, 2275)

      NRS 139.170  Discretion of court.  The court may refuse to grant letters of administration as provided in this chapter to any person or to the nominee of any person who had actual notice of the first petition and an opportunity to contest it.

      [65:107:1941; 1931 NCL § 9882.65]—(NRS A 1999, 2275)