MINUTES OF THE
	SENATE COMMITTEE ON JUDICIARY

	Sixty-eighth Session
	February 6, 1995


The Senate Committee on Judiciary was called to order by 
Chairman Mark A. James, at 3:30 p.m., on Monday, February 6, 
1995, in Room 1006 of the Grant Sawyer State Office Building, 
Las Vegas, Nevada.  Exhibit A is the Agenda.  Exhibit B is the 
Attendance Roster.


COMMITTEE MEMBERS PRESENT:

Senator Mark A. James, Chairman
Senator Jon C. Porter, Vice Chairman
Senator Maurice Washington
Senator Ernest E. Adler
Senator Dina Titus
Senator O.C. Lee

COMMITTEE MEMBERS ABSENT:

Senator Mike McGinness (Excused)

STAFF MEMBERS PRESENT:

Allison Combs, Senior Research Analyst
Lori Combs, Committee Secretary

OTHERS PRESENT:

Don W. Ashworth, Probate Commissioner, Eighth Judicial District 
Court, Las         Vegas, Nevada

SENATE BILL 111:	Revises provisions governing notice of 
hearings for attorney's fees requested for 
administration of estate of decedent.


Don W. Ashworth, Probate Commissioner, Eighth Judicial District 
Court, Las Vegas, Nevada, was the first to testify.  Mr. 
Ashworth stated everything in the bill except those items on 
lines 21 and 22 were "cosmetic changes" made by the legislative 
counsel.  He said what was intended under Nevada Revised 
Statutes (NRS) 150.060, was at the time of a final hearing on a 
probate matter, notice must be given regarding the amount of 
attorney's fees incurred in the case.  Mr. Ashworth stated 
Senate Bill (S.B.) 111 provides that in the event all 
information, including attorney's fees, are stated in an 
original petition, it would not be necessary to state attorney's 
fees in the notice.  He said such petition must be sent to all 
interested parties in the probate proceeding by certified mail, 
together with the notice of hearing.  Senator James commented it 
seemed the process was simple,  and questioned why it required 
a statutory change.  Mr. Ashworth answered the process was being 
utilized now, although not statutory, and should be placed into 
the statute.  

SENATE BILL 112:	Authorizes enforcement of liability of 
surety for executor or administrator of 
estate of deceased person without 
independent action.

Mr. Ashworth next testified on S.B. 112.  He said when an 
individual is appointed as an administrator, executor or 
executrix of an estate, if the will of the deceased does not 
waive a bond requirement, a bond must be obtained.  Mr. Ashworth 
stated S.B. 112 incorporates provisions contained in Nevada 
Rules of Civil Procedure (NRCP) Section 65.1.  He said in a 
civil action, if a bond is in effect and a person breaches the 
provisions, an action can be taken against the bonding company. 
 Mr. Ashworth indicated NRCP 65.1 provides that a separate legal 
action does not need to be brought in order to go against a 
bond.  He said this legislation would place a similar provision 
in the probate code.

Senator Adler asked if a motion would go before the probate 
court in the probate action in order to proceed against a bond, 
and Mr. Ashworth indicated that was correct.  He added at this 
time, a separate civil action must be instituted in order to 
accomplish the same thing.  He stated passage of the legislation 
would "do away with multiplicity of lawsuits."  Senator James 
asked if an independent action could still be filed if the 
parties wished, and Mr. Ashworth confirmed that was true.

In response to questions posed by Senator Adler regarding 
problems associated with handling small estates, Mr. Ashworth 
indicated legislation incorporating the Uniform Probate Code was 
initially drafted during the last session of the Legislature. 
 He said such legislation would "take care of a lot of problems 
associated with filing a minimal estate."  

There being no further business to come before the committee, 
the hearing was adjourned at 4:00 p.m.
        
RESPECTFULLY SUBMITTED:



	
Marilyn Hofmann,
Committee Secretary

APPROVED BY:





Senator Mark A. James, Chairman


DATE: 						

Senate Committee on Judiciary
February 6, 1995
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