Assembly Bill No. 306-Assemblymen Lee, Parks, Tiffany, Koivisto, Hickey, Gustavson, Nolan, Anderson, Collins and Arberry
March 25, 1997
____________
Referred to Committee on Judiciary
- SUMMARY--Adopts Uniform Probate Code. (BDR 12-1028)
- FISCAL NOTE: Effect on Local Government: No.
- Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
- AN ACT relating to property; regulating the affairs of decedents by adopting the Uniform Probate Code; revising provisions for disclaimer of interests in property; providing a penalty; and providing other matters properly relating thereto.
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 67, inclusive, of this act.
Sec. 2 This Title may be cited as the Uniform Probate Code.
Sec. 3 As used in this Title, the words and terms defined in sections 4 to 53, inclusive, of this act, unless the context otherwise requires and subject to the additional definitions applicable to specific chapters or sections, have the meanings ascribed to them in sections 4 to 53, inclusive, of this act.
Sec. 4 "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney and a person authorized to make decisions concerning the health care of another person.
Sec. 5 "Application" means a written request directed to the registrar for an order of informal probate of a will or informal appointment of a personal representative pursuant to chapter 137 of NRS.
Sec. 6 "Beneficiary," as it relates to:
1. A trust, includes a person who has a present or future interest, vested or contingent, and the owner of an interest by assignment or other transfer;
2. A charitable trust, includes any person entitled to enforce the trust;
3. A beneficiary under a designation of beneficiary, means a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer at death; and
4. A beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a beneficiary of a trust, a beneficiary under a designation, a donee, appointee or taker in default of a power of appointment or a person in whose favor a power of attorney or a power held in any individual, fiduciary or representative capacity is exercised.
Sec. 7 "Child" includes a person entitled to take as a child by intestate succession from the parent whose relationship is involved and excludes a person who is a stepchild, a foster child, a grandchild or any more remote descendant.
Sec. 8 "Claims," in respect to estates of decedents, includes liabilities of the decedent, whether arising in contract, in tort or otherwise, and liabilities of the estate that arise at or after the death of the decedent, including funeral expenses and expenses of administration. The term does not include estate or inheritance taxes, or demands or disputes regarding title of a decedent to specific assets alleged to be included in the estate.
Sec. 9 "Community property" has the meaning ascribed to it in NRS 123.220.
Sec. 10 "Court" means the district court.
Sec. 11 "Descendant" includes descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of "child" and "parent" contained in this Title.
Sec. 12 "Designation of beneficiary" means a governing instrument naming a beneficiary of an insurance policy or annuity, of an account designated as payable on death, of a security registered as transferable on death or of a pension, profit-sharing, retirement or similar benefit plan or other nonprobate transfer at death.
Sec. 13 "Devise," used as a noun, means a testamentary disposition of real or personal property and, used as a verb, means to dispose of real or personal property by will.
Sec. 14 "Devisee" means a person designated in a will to receive a devise. For the purposes of chapters 133, 134, 135 and 148 of NRS, in the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
Sec. 15 "Distributee" means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this section, "testamentary trustee" includes a trustee to whom assets are transferred by will to the extent of the devised assets.
Sec. 16 "Estate" includes the property of the decedent or trust whose affairs are subject to this Title as originally constituted and as it exists from time to time during administration.
Sec. 17 "Exempt property" means that property of the estate of a decedent that is described in section 288 of this act.
Sec. 18 "Fiduciary" includes a personal representative, guardian, conservator and trustee.
Sec. 19 "Foreign personal representative" means a personal representative appointed by another jurisdiction.
Sec. 20 "Formal proceedings" means proceedings conducted before a judge with notice to interested persons.
Sec. 21 "Governing instrument" means:
1. A deed, will, trust, insurance policy or annuity account, designated as payable on death;
2. A security registered as transferable on death;
3. A pension, profit-sharing, retirement or similar benefit plan;
4. An instrument creating or exercising a power of appointment or a power of attorney; or
5. A dispositive, appointive or nominative instrument of any similar type.
Sec. 22 "Heirs," except as otherwise provided in section 376 of this act, means persons, including the surviving spouse and the state, who are entitled by intestate succession to the property of a decedent.
Sec. 23 "Informal proceedings" means those conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative.
Sec. 24 "Interested person" includes an heir, devisee, child, spouse, creditor, beneficiary and any other person having a property right in or claim against a trust estate or the estate of a decedent. The term includes a person having priority for appointment as personal representative and other fiduciaries representing interested persons. The meaning as it relates to particular persons must be determined according to the particular purposes of, and matter involved in, a proceeding.
Sec. 25 "Issue" of a person means descendant.
Sec. 26 "Joint tenants with the right of survivorship" and owners of "community property with the right of survivorship" include co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others, but exclude forms of co-ownership in which the underlying ownership of each party is in proportion to the contribution of that party.
Sec. 27 "Lease" includes an oil, gas or other mineral lease.
Sec. 28 "Letters" includes letters testamentary and letters of administration.
Sec. 29 "Minor" means a person who is under 18 years of age.
Sec. 30 "Mortgage" means any conveyance, agreement or arrangement in which property is encumbered or used as security.
Sec. 31 "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of his death.
Sec. 32 "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is a stepparent, foster parent or grandparent.
Sec. 33 "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision or any other person authorized or obligated by law or a governing instrument to make payments.
Sec. 34 "Person" includes a government, governmental agency or political subdivision of a government.
Sec. 35 "Personal representative" includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes a special administrator.
Sec. 36 "Petition" means a written request to the court for an order after notice.
Sec. 37 "Proceeding" includes an action at law and a suit in equity.
Sec. 38 "Proceeding to determine testacy" means a proceeding to establish a will or determine intestacy.
Sec. 39 "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
Sec. 40 "Registrar" means the officer of the court who performs the functions of registrar pursuant to section 63 of this act.
Sec. 41 "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.
Sec. 42 "Separate property" has the meaning ascribed to it in NRS 123.130.
Sec. 43 "Settlement," in reference to the estate of a decedent, includes the full process of administration, distribution and closing.
Sec. 44 "Special administrator" means a personal representative as described in sections 203 to 207, inclusive, of this act.
Sec. 45 "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 46 "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.
Sec. 47 "Successors" means persons, other than creditors, who are entitled to property of a decedent under the terms of his will or pursuant to this Title.
Sec. 48 "Supervised administration" means the proceedings described in sections 184 to 188, inclusive, of this act.
Sec. 49 "Survive" means that a person neither has predeceased an event, including the death of another person, nor is deemed to have predeceased an event pursuant to section 118 or 343 of this act. Its derivatives, such as "survives," "survived," "survivor" and "surviving," have comparable meanings.
Sec. 50 "Testator" includes a person of either sex.
Sec. 51 "Trust" includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. The term excludes other constructive trusts and excludes resulting trusts, conservatorships, personal representatives, custodial arrangements pursuant to chapter 167 of NRS, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions or employee benefits of any kind and any arrangement under which a person is nominee or escrow holder for another.
Sec. 52 "Trustee" includes an original, additional or successor trustee, whether or not appointed or confirmed by a court.
Sec. 53 "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Sec. 54 Unless displaced by a particular provision of this Title, the principles of law and equity supplement the provisions of this Title.
Sec. 55 1. If fraud is perpetrated in connection with a proceeding or in a statement filed pursuant to this Title or if fraud is used to avoid or circumvent the provisions or purposes of this Title, a person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from a person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not.
2. A proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against a person who is not a perpetrator of the fraud later than 5 years after the time of commission of the fraud.
3. The provisions of this section do not affect remedies relating to fraud practiced on a decedent during his lifetime that affect the succession of his estate.
Sec. 56 In addition to the rules of evidence in Title 4 of NRS and at common law, the following rules relating to a determination of death and status apply:
1. Death occurs when a person is determined to be dead pursuant to NRS 451.007.
2. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date and time of death and the identity of the decedent.
3. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.
4. In the absence of prima facie evidence of death under subsection 2 or 3, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
5. A person whose death is not established pursuant to the preceding paragraphs who is absent for a continuous period of 5 years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
6. In the absence of evidence disputing the time of death stated on a document described in subsection 2 or 3, a document described in subsection 2 or 3 which states a time of death 120 hours or more after the time of death of another person, however the time of death of the other person is determined, establishes by clear and convincing evidence that the former person survived the latter person by 120 hours.
Sec. 57 For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond or to perform other duties, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests, as objects, takers in default or otherwise, are subject to the power.
Sec. 58 Except as otherwise provided in this Title, this Title applies to:
1. The affairs and estates of decedents and missing persons who are domiciled in this state;
2. The property of nonresidents that is located in this state or property coming into the control of a fiduciary who is subject to the laws of this state; and
3. Accounts payable on death which are located in this state.
Sec. 59 1. If a proceeding pursuant to this Title could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
2. If proceedings concerning the same estate or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter and the other courts shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
3. If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
Sec. 60 Except as otherwise provided in this Title or unless inconsistent with the provisions of this Title, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this Title.
Sec. 61 1. The clerk of the court shall keep a record for each decedent or trust involved in any document that may be filed with the court pursuant to this Title, including petitions and applications, demands for notices or bonds, trust registrations and any orders or responses relating thereto by the registrar or court. The clerk of the court shall establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information.
2. Upon payment of the fees required by law, the clerk of the court shall issue certified copies of any probated wills, letters issued to personal representatives or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
Sec. 62 The court may call a jury to decide any issue of fact. Any such verdict is advisory only.
Sec. 63 The acts and orders that this Title specifies as performable by the registrar may be performed by a judge of the court, the clerk of the court or another person designated by the court by a written order filed and recorded in the office of the clerk of the court.
Sec. 64 Except as otherwise specifically provided in this Title or by rule, every document filed with the court under this Title, including applications, petitions and demands for notice, shall be deemed to include an oath, affirmation or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed and that deliberate falsification therein is perjury.
Sec. 65 1. If notice of a hearing on a petition is required and specific requirements for the notice are not otherwise provided, the petitioner shall cause notice of the time and place of the hearing of a petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice must be given:
(a) By mailing a copy thereof at least 14 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known;
(b) By delivering a copy thereof to the person being notified personally at least 14 days before the time set for the hearing; or
(c) If the address or identity of a person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which is at least 10 days before the time set for the hearing.
2. The court for good cause shown may provide for a different method or time of giving notice for any hearing.
3. Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.
Sec. 66 1. Except as otherwise provided in subsection 2, a person, including a guardian ad litem, conservator or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.
2. A ward may not waive notice.
Sec. 67 In formal proceedings involving trusts or estates of decedents and in judicially supervised settlements:
1. Interests to be affected must be described in pleadings which give reasonable information to owners by name or class, by reference to the instrument creating the interests or in other appropriate manner.
2. Persons are bound by orders binding others in the following cases:
(a) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests, as objects, takers in default or otherwise, are subject to the power.
(b) To the extent there is no conflict of interest between them or among persons represented:
(1) Orders binding a conservator bind the person whose estate he controls;
(2) Orders binding a guardian bind the ward if no guardian of his estate has been appointed;
(3) Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust or to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and
(4) Orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate.
If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent his minor child.
(c) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another party having a substantially identical interest in the proceeding.
3. Notice is required as follows:
(a) Notice as prescribed by section 65 of this act must be given to every interested person or to one who can bind an interested person as described in paragraph (a) or (b) of subsection 2. Notice may be given both to a person and to another who may bind him.
(b) Notice is given to unborn or unascertained persons who are not represented under paragraph (a) or (b) of subsection 2 by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.
4. At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn or unascertained person or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
Sec. 68 NRS 132.010 is hereby amended to read as follows:
132.010 1. This Title [shall] must be liberally construed [, to the end that justice may be done all parties, and a speedy settlement of estates at the least expense secured.] and applied to promote its underlying purposes and policies.
2. The underlying purposes and policies of this Title are to:
(a) Simplify and clarify the law concerning the affairs of decedents;
(b) Discover and make effective the intent of a decedent in distribution of his property;
(c) Promote a speedy and efficient system for liquidating the estate of the decedent and making the distribution to his successors; and
(d) Make uniform the law among the various jurisdictions.
3. This Title is intended as a unified coverage of its subject matter and no part of it may be deemed repealed by implication by subsequent legislation if that construction can reasonably be avoided.
Sec. 69 NRS 132.020 is hereby amended to read as follows:
132.020 [1. Chapter 106, Statutes of Nevada 1897, and all acts amendatory thereof and supplemental thereto, and also all acts or parts of acts in conflict with this Title, are repealed except as to estates and proceedings for the settlement of estates of deceased persons commenced prior to July 1, 1941, but as respects such estates all proceedings shall be had and rights determined under chapter 106, Statutes of Nevada 1897, and the following amendatory and supplemental acts:
- Chapters 85 and 95, Statutes of Nevada 1899.
- Chapter 34, Statutes of Nevada 1901.
- Chapter 89, Statutes of Nevada 1901, as amended by chapter 130, Statutes of Nevada 1937.
- Chapters 6, 115 and 125, Statutes of Nevada 1903.
- Chapters 33 and 47, Statutes of Nevada 1905.
- Chapters 33, 153 and 155, Statutes of Nevada 1911.
- Chapters 36 and 70, Statutes of Nevada 1913.
- Chapter 130, Statutes of Nevada 1915.
- Chapters 13, 33 and 192, Statutes of Nevada 1917.
- Chapters 19, 23 and 39, Statutes of Nevada 1919.
- Chapters 3, 5 and 85, Statutes of Nevada 1921.
- Chapter 179, Statutes of Nevada 1923.
- Chapters 37, 144, 190 and 191, Statutes of Nevada 1925.
- Chapters 11, 24, 102, 148 and 152, Statutes of Nevada 1927.
- Chapters 15, 23, 63 and 71, Statutes of Nevada 1931.
- Chapters 35 and 152, Statutes of Nevada 1933.
- Chapter 16, Statutes of Nevada 1937.
- Chapter 15, Statutes of Nevada 1939.
2. No act repealed by chapter 106, Statutes of Nevada 1897, shall be revived by the repeal of chapter 106, Statutes of Nevada 1897.] Except as otherwise provided in this Title:
1. This Title applies to governing instruments executed by decedents dying on or after January 1, 1998.
2. This Title applies to proceedings in court pending on January 1, 1998, or commenced after that date regardless of the time of the death of the decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of the infeasibility of the application of the procedure of this Title.
3. A personal representative holding an appointment on January 1, 1998, continues to hold the appointment but has the powers conferred by this Title and is subject to the duties imposed by this Title with respect to any act occurring or done after that date.
4. An act done before January 1, 1998, in any proceeding and any accrued right is not impaired by this Title. If a right is acquired, extinguished or barred upon the expiration of a prescribed period which has commenced to run by the provisions of any statute before that date, the provisions remain in force with respect to that right.
5. A rule of construction or presumption provided in this Title applies to governing instruments executed before January 1, 1998, unless there is a clear indication of a contrary intent.
Sec. 70 Chapter 133 of NRS is hereby amended by adding thereto the provisions set forth as sections 71 to 113, inclusive, of this act.
Sec. 71 A natural person who is 18 years of age or older and of sound mind may make a will.
Sec. 72 1. Except as otherwise provided in subsection 2 and in sections 73, 78 and 85 of this act, a will must be:
(a) In writing;
(b) Signed by the testator or in the name of the testator by some other person in the conscious presence of the testator and at the direction of the testator; and
(c) Signed by at least two persons, each of whom signed within a reasonable time after he witnessed the signing of the will as described in paragraph (b) or the acknowledgment of that signature by the testator or the acknowledgment of the will by the testator.
2. A will that does not comply with the provisions of subsection 1 is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the handwriting of the testator.
3. Intent that the document constitute the will of the testator can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the handwriting of the testator.
Sec. 73 Although a document or writing added upon a document was not executed in compliance with section 72 of this act, the document or writing must be treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute his will, a partial or complete revocation of his will, an addition to or an alteration of his will or a partial or complete revival of his formerly revoked will or of a formerly revoked portion of his will.
Sec. 74 A will may be simultaneously executed, attested and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before a person authorized to administer oaths under the laws of the state in which execution occurs and evidenced by his certificate, under his official seal or stamp, in substantially the following form:
I, ..............., the testator, sign my name to this instrument this ............... day of ..............., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed and that I am 18 years of age or older, of sound mind and under no constraint or undue influence.
Testator
We, ........................., ........................., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as (his) (her) will and that (he) (she) signs it willingly, or willingly directs another to sign for (him) (her), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the signing by the testator, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.
Witness
Witness
State of }
}ss.
County of }
Subscribed, sworn to and acknowledged before me by ..............., the testator, and subscribed and sworn to before me by ..............., and ..............., witnesses, this ........ day of
(Seal or Stamp)
(Signed)
(Official capacity)
Sec. 75 An attested will may be made self-proving at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before a person authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by his certificate, under his official seal or stamp, attached or annexed to the will in substantially the following form:
State of }
}ss.
County of }
We, ............................., ........................., and ........................., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the will of the testator, and that (he) (she) had signed willingly or willingly directed another to sign for (him) (her), that (he) (she) executed it as (his) (her) free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence.
Testator
Witness
Witness
Subscribed, sworn to and acknowledged before me by ..............., the testator, and subscribed and sworn to before me by ................, and ..............., witnesses, this .......... day of ..........
(Seal or Stamp)
(Signed)
(Official capacity)
Sec. 76 A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the execution of the will.
Sec. 77 1. A person generally competent to be a witness may act as a witness to a will.
2. The signing of a will by an interested witness does not invalidate the will or any provision of it.
Sec. 78 A written will is valid if executed in compliance with section 72 or 73 of this act or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
Sec. 79 1. A will or any part thereof is revoked by:
(a) Executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(b) Performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another person performed the act in the conscious presence of the testator and by the direction of the testator. For the purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating or destroying the will or any part of it. A burning, tearing or canceling is a "revocatory act on the will" whether or not the burn, tear or cancellation touched any of the words on the will.
2. If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
3. The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of his estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the death of the testator.
4. The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the estate of the testator. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will, and each will is fully operative on the death of the testator to the extent they are not inconsistent.
Sec. 80 Except as otherwise provided in sections 378 to 393, inclusive, of this act, a change of circumstances does not revoke a will or any part of it.
Sec. 81 1. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act pursuant to section 79 of this act, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the contemporary or subsequent declarations of the testator that the testator intended the previous will to take effect as executed.
2. If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act pursuant to section 79 of this act, a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the contemporary or subsequent declarations of the testator that the testator did not intend the revoked part to take effect as executed.
3. If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by a later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
Sec. 82 A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Sec. 83 1. A will may validly devise property to the trustee of a trust established or to be established:
(a) By the testator during the lifetime of the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or
(b) At the death of the testator by the devise of the testator to the trustee, if the trust is identified in the will of the testator and its terms are set forth in a written instrument, other than a will, executed before, concurrently with or after the execution of the will of the testator or in the will of another person if that other person has predeceased the testator, regardless of the existence, size or character of the corpus of the trust.
The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or the death of the testator.
2. Unless the will of the testator provides otherwise, property devised to a trust described in subsection 1 is not held under a testamentary trust of the testator, but becomes a part of the trust to which it is devised, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator.
3. Unless the will of the testator provides otherwise, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
Sec. 84 A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the death of the testator. The execution or revocation of the will of another person is such an event.
Sec. 85 1. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property other than money not otherwise specifically disposed of by the will. To be admissible pursuant to this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.
2. The writing may be referred to as one to be in existence at the time of the death of the testator. It may be prepared before or after the execution of the will. It may be altered by the testator after its preparation. It may be a writing that has no significance apart from its effect on the dispositions made by the will.
Sec. 86 1. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed on or after January 1, 1998, may be established only by:
(a) Provisions of a will stating material provisions of the contract;
(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) A writing signed by the decedent evidencing the contract.
2. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Sec. 87 1. A will may be deposited by the testator or his agent with any court for safekeeping pursuant to the rules of the court. The will must be sealed and kept confidential.
2. During the lifetime of the testator, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A guardian may be allowed to examine a deposited will of a ward under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination.
3. Upon being informed of the death of the testator, the court shall notify any person designated to receive the will and deliver it to that person on request or the court may deliver the will to the appropriate court.
Sec. 88 After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to the penalty for contempt of court.
Sec. 89 A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Sec. 90 In the absence of a finding of a contrary intention, the rules of construction in sections 90 to 100, inclusive, of this act control the construction of a will.
Sec. 91 A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the death of the testator.
Sec. 92 As used in sections 93 and 94 of this act, unless the contract otherwise requires:
1. "Alternative devise" means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of one or more events, including survival of the testator or failure to survive the testator, whether an event is expressed in the form of a condition precedent or condition subsequent or any other form. A residuary clause constitutes an alternative devise with respect to a nonresiduary devise only if the will specifically provides that, upon lapse or failure, the nonresiduary devise, or nonresiduary devises in general, pass under the residuary clause.
2. "Class member" includes a person who fails to survive the testator but who would have taken under a devise in the form of a class gift had he survived the testator.
3. "Devise" includes an alternative devise, a devise in the form of a class gift and an exercise of a power of appointment.
4. "Devisee" includes a class member if the devise is in the form of a class gift, a class member or other person who was deceased at the time the testator executed his will as well as a class member or other person who was then living but who failed to survive the testator and an appointee under a power of appointment exercised by the will of the testator.
5. "Stepchild" means a child of the surviving, deceased or former spouse of the testator or of the donor of a power of appointment and not a child of the testator or donor.
6. "Surviving devisee" or "surviving descendant" means a devisee or a descendant who neither predeceased the testator nor is deemed to have predeceased the testator pursuant to sections 343 to 347, inclusive, of this act.
7. "Testator" includes the donee of a power of appointment if the power is exercised in the will of the testator.
Sec. 93 If a devisee fails to survive the testator and is a grandparent, a descendant of a grandparent or a stepchild of the testator or the donor of a power of appointment exercised by the will of the testator:
1. Except as otherwise provided in subsection 4, if the devise is not in the form of a class gift and the deceased devisee leaves surviving descendants, a substitute gift is created to the surviving descendants of the devisee. They take by representation the property to which the devisee would have been entitled had the devisee survived the testator.
2. Except as otherwise provided in subsection 4, if the devise is in the form of a class gift, other than a devise to "issue," "descendants," "heirs of the body," "heirs," "next of kin," "relatives" or "family," or a class described by language of similar import, a substitute gift is created to the surviving descendants of a deceased devisee. The property to which the devisees would have been entitled had all of them survived the testator passes to the surviving devisees and the surviving descendants of the deceased devisees. Each surviving devisee takes the share to which he would have been entitled had the deceased devisees survived the testator. The surviving descendants of each deceased devisee who are substituted for the deceased devisee take by representation the share to which the deceased devisee would have been entitled had the deceased devisee survived the testator. For the purposes of this subsection, "deceased devisee" means a class member who failed to survive the testator and left one or more surviving descendants.
3. For the purposes of section 90 of this act, words of survivorship, such as in a devise to a person "if he survives me" or in a devise to "my surviving children" are not, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of this section.
4. If the will creates an alternative devise with respect to a devise for which a substitute gift is created by subsection 1 or 2, the substitute gift is superseded by the alternative devise only if an expressly designated devisee of the alternative devise is entitled to take under the terms of the will.
5. Unless the language creating a power of appointment expressly excludes the substitution of the descendants of an appointee for the appointee, a surviving descendant of a deceased appointee of a power of appointment can be substituted for the appointee pursuant to this section, whether or not the descendant is an object of the power.
Sec. 94 If, pursuant to section 93 of this act, substitute gifts are created, and not superseded, with respect to more than one devise and the devises are alternative devises, one to the other, the determination of which of the substitute gifts takes effect must be resolved as follows:
1. Except as otherwise provided in subsection 2, the devised property passes under the primary substitute gift.
2. If there is a younger-generation devise, the devised property passes under the younger-generation substitute gift and not under the primary substitute gift.
3. As used in this section:
(a) "Primary devise" means the devise that would have taken effect had all the deceased devisees of the alternative devises who left surviving descendants survived the testator.
(b) "Primary substitute gift" means the substitute gift created with respect to the primary devise.
(c) "Younger-generation devise" means a devise that is to a descendant of a devisee of the primary devise, is an alternative devise with respect to the primary devise, is a devise for which a substitute gift is created and would have taken effect had all the deceased devisees who left surviving descendants survived the testator except the deceased devisee or devisees of the primary devise.
(d) "Younger-generation substitute gift" means the substitute gift created with respect to the younger-generation devise.
Sec. 95 1. Except as otherwise provided in sections 93 and 94 of this act, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue.
2. Except as otherwise provided in sections 93 and 94 of this act, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
Sec. 96 1. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at the time of his death to the extent the additional securities were acquired by the testator after the will was executed as a result of ownership by the testator of the described securities and are securities of any of the following types:
(a) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related or acquiring organization, excluding any acquired by exercise of options to purchase;
(b) Securities of another organization acquired as a result of a merger, consolidation, reorganization or other distribution by the organization or any successor, related or acquiring organization; or
(c) Securities of the same organization acquired as a result of a plan of reinvestment.
2. Distributions in cash before death with respect to a described security are not part of the devise.
Sec. 97 1. A specific devisee has a right to the specifically devised property in the estate of the testator at death and:
(a) Any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of the sale of the property;
(b) Any amount of a condemnation award for the taking of the property unpaid at death;
(c) Any proceeds unpaid at death on fire or casualty insurance on, or other recovery for, injury to the property;
(d) Property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation;
(e) Real or tangible personal property owned by the testator at death which the testator acquired as a replacement for specifically devised real or tangible personal property; and
(f) Unless the facts and circumstances indicate that ademption of the devise was intended by the testator or ademption of the devise is consistent with the testator's manifested plan of distribution, the value of the specifically devised property to the extent the specifically devised property is not in the estate of the testator at the time of his death and its value or its replacement is not covered by paragraphs (a) to (e), inclusive.
2. If specifically devised property is sold or mortgaged by a guardian or by an agent acting within the authority of a durable power of attorney for an incapacitated principal or if a condemnation award, insurance proceeds or recovery for injury to the property are paid to a guardian or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds or the recovery.
3. The right of a specific devisee under subsection 2 is reduced by any right the devisee has under subsection 1.
4. For the purposes of the references in subsection 2 to a guardian, subsection 2 does not apply if after the sale, mortgage, condemnation, casualty or recovery, it was adjudicated that the incapacity of the testator ceased and the testator survived the adjudication by 1 year.
5. For the purposes of the references in subsection 2 to an agent acting within the authority of a durable power of attorney for an incapacitated principal:
(a) "Incapacitated principal" means a principal who is an incapacitated person;
(b) No adjudication of incapacity before death is necessary; and
(c) The acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.
Sec. 98 A specific devise passes subject to any mortgage existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Sec. 99 In the absence of a requirement that a power of appointment be exercised by a reference, or by an express or specific reference, to the power, a general residuary clause in a will or a will making general disposition of all the property of the testator expresses an intention to exercise a power of appointment held by the testator only if:
1. The power is a general power and the creating instrument does not contain a gift if the power is not exercised; or
2. The will of the testator manifests an intention to include the property subject to the power.
Sec. 100 1. Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if:
(a) The will provides for the deduction of the gift;
(b) The testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or
(c) The devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.
2. For the purposes of partial satisfaction, property given during the lifetime of the testator is valued as of the time the devisee came into possession or enjoyment of the property or at the time of the death of the testator, whichever occurs first.
3. If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying sections 93, 94 and 95 of this act, unless a contemporaneous writing of the testator provides otherwise.
Sec. 101 As used in sections 101 to 110, inclusive, of this act, unless the context otherwise requires:
1. "Authorized person" and "person authorized to act in connection with international wills" mean a person, including a member of the diplomatic and consular service of the United States designated by Foreign Service Regulations, who is empowered by section 109 of this act or by the laws of the United States to supervise the execution of international wills.
2. "International will" means a will executed in conformity with sections 102 to 105, inclusive, of this act.
Sec. 102 1. A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will which complies with the requirements of sections 101 to 110, inclusive, of this act.
2. The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
3. Sections 101 to 110, inclusive, of this act do not apply to the form of testamentary dispositions made by two or more persons in one instrument.
Sec. 103 1. The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means.
2. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. The testator need not inform the witnesses or the authorized person of the contents of the will.
3. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature.
4. If the testator is unable to sign, the absence of his signature does not affect the validity of the international will if the testator indicates the reason for his inability to sign and the authorized person makes note thereof on the will. In these cases, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator to sign the name of the testator for him, if the authorized person makes note of this also on the will, but it is not required that any person sign the name of the testator for him.
5. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Sec. 104 1. The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.
2. The date of the will is the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.
3. The authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so, and at the express request of the testator, the place where he intends to have his will kept must be mentioned in the certificate provided for in section 105 of this act.
4. A will executed in compliance with section 103 of this act is not invalid merely because it does not comply with this section.
Sec. 105 The authorized person shall attach to the will a certificate to be signed by him establishing compliance with the requirements of sections 101 to 110, inclusive, of this act for valid execution of an international will. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1. I, .........................(name, address and capacity)........................., a person authorized to act in connection with international wills,
2. Certify that on ........(date)........ at ...............(place)...............,
3. The testator .........................(name, address, date and place of birth)....................... in my presence and that of the witnesses:
4. (a) ................ (name, address, date and place of birth) ...............,
(b) ................ (name, address, date and place of birth) ...............,
has declared that the attached document is his will and that he knows the contents thereof.
5. I furthermore certify that:
6. In my presence and in that of the witnesses:
- (1) The testator has signed the will or has acknowledged his signature previously affixed.
- (2) Following a declaration of the testator stating that he was unable to sign his will for the following reason .............................., I have mentioned this declaration on the will.
- and the signature has been affixed by ....................(name and address) .................
7. The witnesses and I have signed the will.
8.* Each page of the will has been signed by .............................. and numbered.
9. I have satisfied myself as to the identity of the testator and of the witnesses as designated above.
10. The witnesses meet the conditions requisite to act as such according to the law under which I am acting.
11.* The testator has requested me to include the following statement concerning the safekeeping of his will: ............... (statement) ...............
12. PLACE OF EXECUTION.
13. DATE.
14. SIGNATURE and, if necessary, SEAL.
- To be completed if appropriate.
Sec. 106 In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will made pursuant to sections 101 to 110, inclusive, of this act. The absence or irregularity of a certificate does not affect the formal validity of a will made pursuant to those sections.
Sec. 107 An international will is subject to the ordinary rules of the revocation of wills.
Sec. 108 Sections 101 to 110, inclusive, of this act derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying those sections, regard must be had for its international origin and for the need for uniformity in its interpretation.
Sec. 109 Persons who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners in this state are hereby declared to be authorized persons in relation to international wills.
Sec. 110 1. The secretary of state shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the testator and then making it available to any person desiring information about a will who presents a death certificate or other satisfactory evidence of the death of the testator to the center.
2. Information that may be received, preserved in confidence until death and reported as indicated is limited to the name, social security or any other individual identifying number established by law, address and date and place of birth of the testator and the intended place of deposit or safekeeping of the instrument pending the death of the testator. The secretary of state, at the request of the authorized person, may cause the information it receives about the execution of an international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information which are similar to those established in this state.
Sec. 111 1. If the surviving spouse of the testator married the testator after he executed his will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate he would have received if the testator had died intestate as to that portion of the estate, if any, that is neither devised to a child of the testator who was born before he married the surviving spouse and who is not a child of the surviving spouse nor devised to a descendant of such a child or passes pursuant to section 93, 94 or 95 of this act to such a child or to a descendant of such a child, unless:
(a) It appears from the will or other evidence that the will was made in contemplation of the marriage of the testator to the surviving spouse;
(b) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(c) The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the statements of the testator or is reasonably inferred from the amount of the transfer or other evidence.
2. In satisfying the share provided by this section, devises made by the will to the surviving spouse of the testator, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift pursuant to section 93, 94 or 95 of this act to a descendant of such a child, abate as provided in section 396 of this act.
3. As used in this section, "surviving spouse" has the meaning ascribed to it in section 377 of this act.
Sec. 112 1. Except as otherwise provided in section 113 of this act, if a testator fails to provide in his will for any of his children born or adopted after the execution of the will, the omitted child born or adopted after the execution of the will is entitled to receive a share in the estate as follows:
(a) If the testator had no child living when he executed the will, an omitted child born or adopted after the execution of the will is entitled to receive a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the terms of the will.
(b) If the testator had one or more children living when he executed the will and the will devised property or an interest in property to one or more of the then-living children, an omitted child born or adopted after the execution of the will is entitled to share in the estate of the testator as follows:
(1) The portion of the estate of the testator in which the omitted child born or adopted after the execution of the will is entitled to share is limited to devises made to the then-living children of the testator under the terms of the will.
(2) The omitted child born or adopted after the execution of the will is entitled to receive the share of the estate of the testator, as limited in subparagraph (1), that the child would have received had the testator included all omitted children born or adopted after the execution of the will with the children to whom devises were made under the terms of the will and had given an equal share of the estate to each child.
2. To the extent feasible, the interest granted to an omitted child born or adopted after the execution of the will pursuant to paragraph (b) of subsection 1 must be of the same character, whether equitable or legal, present or future, as that devised to the then-living children of the testator under the terms of the will.
3. In satisfying a share provided by paragraph (b) of subsection 1, devises to the children of the testator who were living when the will was executed abate rateably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.
4. In satisfying a share provided by paragraph (a) of subsection 1, devises made by the will abate pursuant to section 396 of this act.
Sec. 113 1. Section 112 of this act does not apply if:
(a) It appears from the will that the omission was intentional; or
(b) The testator provided for the omitted child born or adopted after the execution of the will by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the statements of the testator or is reasonably inferred from the amount of the transfer or other evidence.
2. If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted child born or adopted after the execution of the will.
Sec. 114 Chapter 134 of NRS is hereby amended by adding thereto the provisions set forth as sections 115 to 129, inclusive, of this act.
Sec. 115 1. Any part of the estate of a decedent not effectively disposed of by will passes by intestate succession to the heirs of the decedent as prescribed in this Title, except as modified by the will of the decedent.
2. A decedent by will may expressly exclude or limit the right of a person or class to succeed to his property by intestate succession. If that person or a member of that class survives the decedent, the share of the intestate estate of the decedent to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed his intestate share.
Sec. 116 1. The intestate share of a surviving spouse in separate property is:
(a) The entire intestate estate if:
(1) No descendant or parent of the decedent survives the decedent; or
(2) All of the surviving descendants of the decedent are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
(b) The first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
(c) The first $150,000, plus one-half of any balance of the intestate estate, if all of the surviving descendants of the decedent are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent.
(d) The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the surviving descendants of the decedent are not descendants of the surviving spouse.
2. As used in this section, "surviving spouse" has the meaning ascribed to it in section 377 of this act.
Sec. 117 Any part of an intestate estate not passing to the surviving spouse of the decedent pursuant to section 116 of this act, or an entire intestate estate if there is no surviving spouse, passes in the following order to the persons designated below who survive the decedent:
1. To the descendants of the decedent by representation.
2. If there is no surviving descendant, to the parents of the decedent equally if both survive or to the surviving parent.
3. If there is no surviving descendant or parent, to the descendants of the parents of the decedent or either of them by representation.
4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the paternal grandparents of the decedent equally if both survive, or to the surviving paternal grandparent, or to the descendants of the paternal grandparents of the decedent or either of them if both paternal grandparents are deceased, the descendants taking by representation, and the other half passes to the maternal relatives of the decedent in the same manner. If there is no surviving grandparent or descendant of a grandparent on the paternal or the maternal side, the entire estate passes to the relatives of the decedent on the other side in the same manner as the half.
Sec. 118 A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purposes of this chapter and chapter 146 of NRS, and the heirs of the decedent must be determined accordingly. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by 120 hours, it shall be deemed that the individual failed to survive for the required period. This section must not be applied if its application would result in a taking of an intestate estate by the state pursuant to section 119 of this act.
Sec. 119 If there is no taker under the provisions of sections 115 to 129, inclusive, of this act, the intestate estate escheats to the state.
Sec. 120 As used in sections 121 and 122 of this act, unless the context otherwise requires:
1. "Deceased descendant," "deceased parent" or "deceased grandparent" means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent pursuant to section 118 of this act.
2. "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent pursuant to section 118 of this act.
Sec. 121 1. If, pursuant to subsection 1 of section 117 of this act, an intestate estate of a decedent or a part thereof passes by representation to the descendants of the decedent, the estate or part thereof is divided into as many equal shares as there are:
(a) Surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; and
(b) Deceased descendants in the same generation who left surviving descendants.
2. Each surviving descendant in the nearest generation, if any, must be allocated one share. The remaining shares, if any, must be combined and then divided in the same manner among the surviving descendants of the deceased descendants, if any, as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
Sec. 122 1. If, pursuant to subsection 3 or 4 of section 117 of this act, an intestate estate of a decedent or a part thereof passes by representation to the descendants of the deceased parents of the decedent or either of them, or to the descendants of the deceased paternal or maternal grandparents of the decedent or either of them, the estate or part thereof is divided into as many equal shares as there are:
(a) Surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and
(b) Deceased descendants in the same generation who left surviving descendants.
2. Each surviving descendant in the nearest generation, if any, must be allocated one share. The remaining shares, if any, must be combined and then divided in the same manner among the surviving descendants of the deceased descendants, if any, as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
Sec. 123 Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Sec. 124 A person in gestation at a particular time is treated as living at that time if he lives 120 hours or more after birth.
Sec. 125 1. If a person dies intestate as to all or a portion of his estate, property the decedent gave during his lifetime to another person who, at the death of the decedent, is an heir is treated as an advancement against the intestate share of the heir only if:
(a) The decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or
(b) A contemporaneous writing of the decedent or the written acknowledgment of the heir otherwise indicates that the gift is to be taken into account in computing the division and distribution of the intestate estate of the decedent.
2. For the purposes of subsection 1, property advanced must be valued as of the time the heir came into possession or enjoyment of the property or as of the time of the death of the decedent, whichever occurs first.
3. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the intestate estate of the decedent, unless a contemporaneous writing of the decedent provides otherwise.
Sec. 126 A debt owed to a decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the descendants of the debtor.
Sec. 127 No person is disqualified to take as an heir because he or a person through whom he claims is or has been an alien.
Sec. 128 A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the person to the larger share.
Sec. 129 1. Except as otherwise provided in subsections 2 and 3, for purposes of intestate succession by, through or from a decedent, a person is the child of his natural parents, regardless of their marital status. The relationship of parent and child may be established pursuant to chapter 126 of NRS.
2. An adopted person is the child of his adopting parent or parents and not of his natural parents, but adoption of a child by the spouse of either natural parent has no effect on the:
(a) Relationship between the child and that natural parent; or
(b) Right of the child or a descendant of the child to inherit from or through the other natural parent.
3. Inheritance from or through a child by either natural parent or his kindred is precluded unless that natural parent has openly treated the child as his and has not refused to support the child.
Sec. 130 NRS 134.005 is hereby amended to read as follows:
134.005 1. With the exception of NRS [134.007 and] 134.010, the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.
2. [With the exception of NRS 134.007, the] The provisions of this chapter are inapplicable to the extent that they are inconsistent with the provisions of a premarital agreement between the deceased and his surviving spouse which is enforceable pursuant to chapter 123A of NRS.
Sec. 131 Chapter 136 of NRS is hereby amended by adding thereto the provisions set forth as sections 132 to 145, inclusive, of this act.
Sec. 132 1. The power of a person to leave property by will and the rights of creditors, devisees and heirs to his property are subject to the restrictions and limitations contained in this Title to facilitate the prompt settlement of estates.
2. Upon the death of a person, his separate property devolves:
(a) To the persons to whom it is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates; or
(b) In the absence of testamentary disposition, to his heirs or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates.
3. Upon the death of a husband or wife, the decedent's share of their community property devolves to the persons to whom it is devised by his last will, or in the absence of testamentary disposition, to his heirs, but all of their community property which is under the management and control of the decedent is subject to his debts and administration, and that portion of their community property which is not under the management and control of the decedent but which is necessary to carry out the provisions of his will is subject to administration.
4. The devolution of all the property described in this section except the surviving spouse's share of community property is subject to rights to a homestead allowance, to exempt property and family allowances, to renunciation, to rights of creditors and to administration.
Sec. 133 Except as otherwise provided in section 280 of this act, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar or an adjudication of probate by the court.
Sec. 134 Except as otherwise provided in chapter 144 of NRS, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
Sec. 135 1. No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this chapter and chapters 137 to 141, inclusive, and 145, 150 and 151 of NRS.
2. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 423 of this act or from a former personal representative individually liable as provided in section 424 of this act.
3. This section does not apply to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment that might be sought therein.
Sec. 136 1. Persons interested in the estates of decedents may apply to the registrar for determination in the informal proceedings provided in chapter 137 of NRS and may petition the court for orders in formal proceedings within the jurisdiction of the court.
2. The court has exclusive jurisdiction of formal proceedings to determine how the estates of decedents which are subject to the laws of this state are to be administered, expended and distributed. The court has concurrent jurisdiction of any other action or proceeding concerning a succession or to which an estate, through a personal representative, may be a party, including actions to determine title to property alleged to belong to the estate, and of any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent.
Sec. 137 In proceedings within the exclusive jurisdiction of the court where notice is required by this Title or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with section 65 of this act. An order is binding as to all who are given notice of the proceeding even if less than all interested persons are notified.
Sec. 138 Unless supervised administration as described in sections 184 to 188, inclusive, of this act is involved:
1. Each proceeding before the court or registrar is independent of any other proceeding involving the same estate.
2. Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this Title, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.
3. Proceedings for probate of a will or adjudication of no will may be combined with proceedings for appointment of a personal representative.
4. A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
Sec. 139 1. No informal proceeding for probate or appointment of a personal representative or formal proceeding to determine testacy or for appointment of a personal representative, other than a proceeding to probate a will previously probated at the domicile of the testator and a proceeding for appointment relating to an estate in which there has been a prior appointment, may be commenced more than 3 years after the death of the decedent, but:
(a) If a previous proceeding was dismissed because of doubt about the fact of the death of the decedent, appropriate proceedings for probate or appointment or to determine testacy may be maintained at any time thereafter upon a finding that the death of the decedent occurred before the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;
(b) Appropriate proceedings for probate or appointment or to determine testacy may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within 3 years after the conservator becomes able to establish the death of the protected person;
(c) A proceeding to contest an informally probated will, and to secure appointment of the person with legal priority for appointment if the contest is successful, may be commenced within 12 months after the informal probate or 3 years after the death of the decedent, whichever is later;
(d) An informal proceeding appointment or a formal proceeding to determine testacy or for appointment may be commenced thereafter if no proceeding concerning the succession or the administration of the estate has occurred within the 3-year period after the death of the decedent, but the personal representative has no right to possess assets of the estate as provided in section 217 of this act beyond that necessary to confirm title thereto in the successors to the estate, and claims other than expenses of administration may not be presented against the estate; and
(e) A formal proceeding to determine testacy may be commenced at any time later than 3 years after the death of the decedent to establish an instrument to direct or control the ownership of property passing or distributable after his death from one other than the decedent when the property is to be appointed by the terms of his will or is to pass or be distributed as a part of his estate or its transfer is otherwise to be controlled by the terms of his will.
2. These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph (a) or (b) of subsection 1, the date on which a proceeding to determine testacy or for appointment is properly commenced shall be deemed to be the date of the death of the decedent for purposes of other limitations of this Title which relate to the date of death.
Sec. 140 No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death bars a cause of action surviving the death of the decedent sooner than 4 months after the death. A cause of action which, but for this section, would have been barred less than 4 months after death, is barred after 4 months unless tolled.
Sec. 141 1. Venue for the first informal or formal proceeding to determine testacy or for appointment of a personal representative after the death of a decedent is:
(a) In the county where the decedent had his domicile at the time of his death; or
(b) If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death.
2. Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 59 of this act or subsection 3 of this section.
3. If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
4. To aid determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by commercial paper, a security or other instrument in favor of a nondomiciliary is located where the debtor resides or, if the debtor is an artificial person, at the place where it has its principal office. Commercial paper, securities and other instruments are located where the instrument is located. An interest in property held in trust is located where the trustee may be sued.
Sec. 142 If conflicting claims as to the domicile of a decedent are made in a formal proceeding to determine testacy or for appointment of a personal representative commenced in this state, and in such a proceeding after notice pending at the same time in another state, the court of this state shall stay, dismiss or permit suitable amendment in the local proceeding unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.
Sec. 143 1. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:
(a) The person with priority as determined by a probated will including a person nominated by a power conferred in a will;
(b) The surviving spouse of the decedent who is a devisee of the decedent;
(c) Other devisees of the decedent;
(d) The surviving spouse of the decedent if not a devisee;
(e) Other heirs of the decedent; and
(f) Forty-five days after the death of the decedent, any creditor.
2. An objection to an appointment may be made only in formal proceedings. In the case of an objection, the priorities stated in subsection 1 apply, but:
(a) If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on the petition of creditors, may appoint any qualified person; and
(b) In the case of an objection to an appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to the heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value, or, in default of this accord, any suitable person.
3. A person entitled to letters under paragraphs (b) to (e), inclusive, of subsection 1 and a person who is 18 years of age or older who would be entitled to letters but for his age may nominate a qualified person to act as personal representative. A person who is 18 years of age or older may renounce his right to nominate or to an appointment by appropriate writing filed with the court. When two or more persons share a priority, those who do not renounce must concur in nominating another to act for them or in applying for appointment.
4. As used in this section, "surviving spouse" has the meaning ascribed to it in section 377 of this act.
Sec. 144 1. A guardian of the estate of a minor or other ward, or if there is no guardian of the estate, any guardian except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to the appointment of another person or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment.
2. Appointment of a person who does not have priority, including priority resulting from renunciation or nomination determined pursuant to this section, may be made only in formal proceedings. Before appointing a person who does not have priority, the court must determine that those persons having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment and that administration is necessary.
3. No person is qualified to serve as a personal representative who is:
(a) Under the age of 21; or
(b) A person whom the court finds unsuitable in formal proceedings.
4. A personal representative appointed by a court of the domicile of the decedent has priority over all other persons except where the will of the decedent nominates different persons to be personal representatives in this state and in the state of domicile. The domiciliary personal representative may nominate another person who has the same priority as the domiciliary personal representative.
5. This section and section 143 of this act govern priority for the appointment of a successor personal representative but do not apply to the selection of a special administrator.
Sec. 145 1. A person desiring notice of any order or filing pertaining to the estate of a decedent in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate and the address of the demandant or of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed.
2. After the filing of a demand, no order or filing to which the demand relates may be made or accepted without notice as prescribed in section 65 of this act to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement is not affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice.
3. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and ceases upon the termination of his interest in the estate.
Sec. 146 Chapter 137 of NRS is hereby amended by adding thereto the provisions set forth as sections 147 to 165, inclusive, of this act.
Sec. 147 An application for informal probate of a will or for informal appointment of a personal representative must be directed to the registrar and verified by the applicant to be accurate and complete to the best of his knowledge and belief as to the information required by sections 148 to 153, inclusive, of this act.
Sec. 148 Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, must contain:
1. A statement of the interest of the applicant;
2. The name and date of death of the decedent, his age, the county and state of his domicile at the time of death, the names and addresses of the spouse, children, heirs and devisees, and the ages of any of those persons who are minors so far as known or ascertainable with reasonable diligence by the applicant;
3. If the decedent was not domiciled in the state at the time of his death, a statement showing venue;
4. A statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated;
5. A statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere; and
6. Facts showing that the time limited for informal probate or appointment has not expired either because 3 years or less have passed since the death of the decedent, or, if more than 3 years have passed, circumstances as described by section 139 of this act authorizing tardy probate or appointment have occurred.
Sec. 149 An application for informal probate of a will must also state that:
1. The original of the last will of the decedent is in the possession of the court or accompanies the application or that an authenticated copy of a will probated in another jurisdiction accompanies the application;
2. The applicant, to the best of his knowledge, believes the will to have been validly executed; and
3. After the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will and believes that the instrument which is the subject of the application is the last will of the decedent.
Sec. 150 An application for informal appointment of a personal representative to administer an estate pursuant to the terms of a will must describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment must adopt the statements in the application or petition for probate and state the name, address and priority for appointment of the person whose appointment is sought.
Sec. 151 In addition to the statements required by section 148 of this act, an application for informal appointment of an administrator in intestacy must state:
1. After the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state pursuant to section 58 of this act or why any such instrument of which he may be aware is not being probated; and
2. The priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 143 of this act.
Sec. 152 An application for appointment of a personal representative to succeed a personal representative appointed under a different assumption concerning testacy must refer to the order in the most recent proceeding to determine testacy, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted and describe the priority of the applicant.
Sec. 153 An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in section 199 of this act, or whose appointment has been terminated by death or removal, must adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor and describe the priority of the applicant.
Sec. 154 By verifying an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against him.
Sec. 155 Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 156 of this act shall issue a written statement of informal probate if at least 120 hours have elapsed since the death of the decedent. Informal probate is conclusive as to all persons until superseded by an order in a formal proceeding to determine testacy. A defect in the application or procedure relating thereto which leads to informal probate of a will does not render the probate void.
Sec. 156 1. In an informal proceeding for original probate of a will, the registrar shall determine whether:
(a) The application is complete;
(b) The applicant has made an oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;
(c) The applicant appears from the application to be an interested person;
(d) On the basis of the statements in the application, venue is proper;
(e) An original, duly executed and apparently unrevoked will is in the possession of the registrar;
(f) Any notice required by section 145 of this act has been given and that the application is not within section 158 of this act; and
(g) It appears from the application that the time limit for original probate has not expired.
2. The application must be denied if it indicates that a personal representative has been appointed in another county of this state or, except as otherwise provided in subsection 2 of section 157 of this act, if it appears that this or another will of the decedent has been the subject of a previous probate order.
Sec. 157 1. A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under section 72, 73 or 78 of this act have been met must be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
2. Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
3. A will from a place which does not provide for probate of a will after death, if the will is not eligible for probate pursuant to section 156 of this act, may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
Sec. 158 Applications for informal probate which relate to one or more of a known series of testamentary instruments, other than a will and one or more codicils thereto, the latest of which does not expressly revoke the earlier, must be declined. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
Sec. 159 If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 156, 157 and 158 of this act or any other reason, he may decline the application.
Sec. 160 The moving party must give notice as described by section 65 of this act of his application for informal probate to any person demanding it pursuant to section 145 of this act and to any personal representative of the decedent whose appointment has not been terminated. No other notice of informal probate is required.
Sec. 161 1. Except as otherwise provided in this subsection, upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 203 of this act, if at least 120 hours have elapsed since the death of the decedent, the registrar, after making the findings required by section 162 of this act, shall appoint the applicant subject to qualification and acceptance. If the decedent was a nonresident, the registrar shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the domicile of the decedent is the applicant or unless the will of the decedent directs that his estate be subject to the laws of this state.
2. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 197 to 201, inclusive, of this act but is not subject to retroactive vacation.
Sec. 162 1. In informal proceedings for appointment, the registrar shall determine whether:
(a) The application for informal appointment of a personal representative is complete;
(b) The applicant has made an oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief;
(c) The applicant appears from the application to be an interested person;
(d) On the basis of the statements in the application, venue is proper;
(e) Any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator;
(f) Any notice required by section 145 of this act has been given; and
(g) From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment.
2. Unless section 201 of this act controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 199 of this act has been appointed in this or another county of this state, that unless the applicant is the domiciliary personal representative or his nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.
Sec. 163 If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 161 and 162 of this act, or for any other reason, he may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.
Sec. 164 The moving party must give notice as described by section 65 of this act of his intention to seek an appointment informally to any person:
1. Demanding it pursuant to section 145 of this act; and
2. Having a prior or equal right to appointment not waived in a writing filed with the court.
No other notice of an informal appointment proceeding is required.
Sec. 165 If an application for informal appointment indicates the existence of a possibly unrevoked testamentary instrument which may relate to property subject to the laws of this state and which is not filed for probate in this court, the registrar shall decline the application.
Sec. 166 Chapter 138 of NRS is hereby amended by adding thereto the provisions set forth as sections 167 to 188, inclusive, of this act.
Sec. 167 1. A formal proceeding to determine testacy is litigation to determine whether a decedent left a valid will. A formal proceeding to determine testacy may be commenced by the filing of a petition by an interested person as described in subsection 1 of section 168 of this act in which he requests that the court, after notice and hearing, enter an order probating a will, a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application or a petition in accordance with subsection 3 of section 168 of this act for an order that the decedent died intestate.
2. A petition may seek formal probate of a will whether or not the same or a conflicting will has been informally probated. A formal proceeding to determine testacy may, but need not, involve a request for appointment of a personal representative.
3. During the pendency of a formal proceeding to determine testacy, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
4. Unless a petition in a formal proceeding to determine testacy also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of such a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
Sec. 168 1. A petition for formal probate of a will, or for adjudication of intestacy with or without a request for the appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will must:
(a) Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;
(b) Contain the statements required for informal applications as stated in section 148 of this act and the statements required by subsections 1 and 3 of section 149 of this act; and
(c) State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.
2. If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable.
3. A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by sections 148 and 151 of this act and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case the statements required by subsection 2 of section 151 of this act may be omitted.
Sec. 169 1. Upon the commencement of a formal proceeding to determine testacy, the court shall fix a time and place of hearing. Notice must be given in the manner prescribed by section 65 of this act by the petitioner to the persons enumerated in this section and to any additional person who has filed a demand for notice pursuant to section 145 of this act.
2. Notice must be given to:
(a) The surviving spouse, children and other heirs of the decedent;
(b) The devisees and executors named in any will that is being, or has been, probated or offered for informal or formal probate in the county or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere; and
(c) Any personal representative of the decedent whose appointment has not been terminated.
3. Notice may be given to other persons.
4. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.
Sec. 170 1. If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition must be sent by registered or certified mail to the alleged decedent at his last known address. The court shall direct the petitioner to report the results of, or make and report concerning, a reasonably diligent search for the alleged decedent in any manner that seems advisable, including any or all of the following methods:
(a) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(b) By notifying law enforcement agencies and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; and
(c) By engaging the services of an investigator.
2. The costs of any search so directed must be paid by the petitioner if there is no administration or by the estate of the decedent if there is administration.
Sec. 171 Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.
Sec. 172 If a petition in a proceeding to determine testacy is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 176 of this act have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
Sec. 173 1. If evidence concerning execution of an attested will which is not self-proving is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.
2. If the will is self-proving, compliance with requirements of signature for execution is conclusively presumed and other requirements of execution are presumed, subject to rebuttal, without the testimony of any witness upon the filing of the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
Sec. 174 1. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.
2. If a will is opposed by the petition for probate of a later will revoking the former will, it must be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it must be determined first whether the will is entitled to probate.
Sec. 175 A final order of a court of another state determining testacy or the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons, must be accepted as determinative by the courts of this state if it includes or is based upon a finding that the decedent was domiciled at his death in the state where the order was made.
Sec. 176 After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, that venue is proper and that the proceeding was commenced within the limitation prescribed by section 139 of this act, it shall determine the domicile of the decedent at death, his heirs and his state of testacy. Any will found to be valid and unrevoked must be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, must be governed by section 201 of this act. The petition must be dismissed or an appropriate amendment must be allowed if the court is not satisfied that the alleged decedent is dead. A will from a place that does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
Sec. 177 If two or more instruments are offered for probate before a final order is entered in a formal proceeding to determine testacy, more than one instrument may be probated if neither expressly revokes the other or contains provisions that work a total revocation by implication. If more than one instrument is probated, the order must indicate which provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a proceeding to determine testacy has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous order for probate and within the time limited by section 180 of this act.
Sec. 178 If it becomes evident in the course of a formal proceeding to determine testacy that, though one or more instruments are entitled to be probated, the estate of the decedent is or may be partially intestate, the court shall enter an order to that effect.
Sec. 179 1. Subject to appeal and subject to vacation as provided in this section and in section 182 of this act, a formal order determining testacy pursuant to sections 176 to 178, inclusive, of this act, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the estate of the decedent that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will and to the determination of heirs, but:
(a) The court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will were unaware of:
(1) Its existence at the time of the earlier proceeding; or
(2) The earlier proceeding and were given no notice thereof, except by publication.
(b) If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that the persons were:
(1) Unaware of their relationship to the decedent;
(2) Unaware of his death; or
(3) Given no notice of any proceeding concerning his estate, except by publication.
2. The order originally rendered in the proceeding may be modified or vacated if appropriate under the circumstances by the order of probate of the later-offered will or the order redetermining heirs.
Sec. 180 A petition for vacation made pursuant to subsection 1 of section 179 of this act must be filed before the earliest of the following limits:
1. If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, the expiration of 6 months after the filing of the closing statement.
2. Whether or not a personal representative has been appointed for the estate, the time prescribed by section 139 of this act when it is no longer possible to initiate an original proceeding to probate a will of the decedent.
3. The expiration of 12 months after the entry of the order sought to be vacated.
Sec. 181 1. A finding of the fact of death is conclusive as to the alleged decedent only if notice of the hearing on the petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at his last known address and the court finds that a search was made pursuant to section 170 of this act.
2. If the alleged decedent is not dead, even if notice was sent and a search was made, he may recover assets of the estate in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, he may recover any estate or its proceeds from distributees that are in the hands of the distributees, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of all of the circumstances.
Sec. 182 For good cause shown, an order in a formal proceeding to determine testacy may be modified or vacated within the time allowed for appeal.
Sec. 183 1. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, must be governed by section 168 of this act as well as by this section. In other cases, the petition must contain or adopt the statements required by section 148 of this act and describe the question relating to priority or qualification of the personal representative that is to be resolved. If the proceeding precedes any appointment of a personal representative, it stays any pending informal proceedings for appointment as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
2. After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment pursuant to sections 143 and 144 of this act, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 200 of this act.
Sec. 184 Supervised administration is a single proceeding in rem to secure complete administration and settlement of the estate of a decedent under the continuing authority of the court, which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in sections 184 to 188, inclusive, of this act, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
Sec. 185 1. A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a proceeding to determine testacy or for appointment. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration must include the matters required of a petition in a formal proceeding to determine testacy and the procedures and requirements for notice applicable to such a formal proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied.
2. After notice to interested persons, the court shall order supervised administration of the estate of a decedent:
(a) If the will of the decedent directs supervised administration, unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration;
(b) If the will of the decedent directs unsupervised administration, only upon a finding that it is necessary for the protection of persons interested in the estate; or
(c) In other cases if the court finds that supervised administration is necessary under the circumstances.
Sec. 186 1. The pendency of a proceeding for supervised administration of the estate of a decedent stays action on any informal application then pending or thereafter filed.
2. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal proceedings by section 167 of this act.
3. After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
Sec. 187 Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this Title, but he shall not exercise his power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative that may be ordered by the court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with him.
Sec. 188 Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings pursuant to section 422 of this act. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.
Sec. 189 Chapter 139 of NRS is hereby amended by adding thereto the provisions set forth as sections 190 to 207, inclusive, of this act.
Sec. 190 Before receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
Sec. 191 By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by an interested person. Notice of a proceeding must be delivered to the personal representative, or mailed to him by ordinary first-class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
Sec. 192 1. No bond is required of a personal representative appointed in informal proceedings unless:
(a) A special administrator is appointed;
(b) An executor or other personal representative is appointed to administer an estate under the terms of a will containing an express requirement of bond; or
(c) Bond is required pursuant to section 194 of this act.
2. Bond may be required by court order at the time of appointment of a personal representative appointed in any formal proceeding, but bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond unless bond has been requested by an interested party and the court is satisfied that it is desirable.
3. Bond required by a will may be dispensed with in formal proceedings upon determination by the court that it is not necessary.
4. No bond is required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure the performance of his duties.
Sec. 193 1. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate. The registrar shall require that the bond be duly executed by a corporate surety or by one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property or other adequate security.
2. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate which are deposited with a domestic financial institution in a manner that prevents unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties or permit the substitution of another bond with the same or different sureties.
Sec. 194 A person apparently having an interest in the estate worth in excess of $4,000 or a creditor having a claim in excess of $4,000 may make a written demand that a personal representative give bond. The demand must be filed with the registrar and a copy must be mailed to the personal representative if appointment and qualification have occurred. Thereupon, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate, or if bond is excused as provided in section 192 or 193 of this act. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for his removal and appointment of a successor personal representative.
Sec. 195 1. The following requirements and provisions apply to any bond required by this chapter:
(a) Bonds must name the state as obligee for the benefit of the persons interested in the estate and must be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of the sureties must be stated in the bond.
(c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding must be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner.
(d) On petition of a successor personal representative, any other personal representative of the same decedent or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(e) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
2. No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Sec. 196 1. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
2. The matter must be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.
Sec. 197 Termination of the appointment of a personal representative occurs as provided in sections 198 to 201, inclusive, of this act. Termination ends the right and power pertaining to the office of personal representative as conferred by this Title or any will, except that a personal representative, at any time before distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative but terminates his authority to represent the estate in any pending or future proceeding.
Sec. 198 The death of a personal representative or the appointment of a guardian of the estate of a personal representative terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or incapacitated representative, the representative of the estate of the deceased or incapacitated personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection and shall account for and deliver the assets of the estate to a successor or special personal representative upon his appointment and qualification.
Sec. 199 1. An appointment of a personal representative terminates as provided in section 422 of this act, one year after the filing of a closing statement.
2. An order closing an estate as provided in section 420 or 421 of this act terminates the appointment of a personal representative.
3. A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least 15 days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.
Sec. 200 1. A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice must be given by the petitioner to the personal representative and to such other persons as the court may order. Except as otherwise ordered as provided in section 196 of this act, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or to preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of or under the control of the personal representative being removed.
2. Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the will of the decedent directs otherwise, a personal representative appointed at the domicile of the decedent, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Sec. 201 Except as otherwise ordered in formal proceedings, the probate of a will after the appointment of a personal representative in intestacy or pursuant to a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will after the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in section 167 of this act. Termination occurs upon appointment in informal or formal proceedings to appoint a person entitled to appointment under the later assumption concerning testacy. If a request for a new appointment is not made within 30 days after the expiration of the time for appeal from the order in formal proceedings to determine testacy, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the terms of the subsequently probated will, or as in intestacy as the case may be.
Sec. 202 Sections 147 to 183, inclusive, of this act govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim that was given or served upon the former personal representative need be given to or served upon the successor to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if his appointment had not been terminated.
Sec. 203 A special administrator may be appointed:
1. Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent before the appointment of a general personal representative or if a previous appointment has been terminated as provided in section 198 of this act; or
2. In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that the appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
Sec. 204 1. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will must be appointed if available and qualified.
2. In other cases, any proper person may be appointed special administrator.
Sec. 205 A special administrator appointed by the registrar in informal proceedings pursuant to section 203 of this act has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under this Title necessary to perform his duties.
Sec. 206 A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on such other terms as the court may direct.
Sec. 207 The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 197 to 200, inclusive, of this act.
Sec. 208 Chapter 140 of NRS is hereby amended by adding thereto the provisions set forth as sections 209 to 244, inclusive, of this act.
Sec. 209 The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring before appointment the same effect as those occurring thereafter. Before appointment, a person named executor in a will may carry out written instructions of the decedent relating to his body and funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
Sec. 210 A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for lack of a valid appointment.
Sec. 211 1. A personal representative is a fiduciary who shall observe the standards of care that would be observed by a prudent person in dealing with the property of another, and if the personal representative has special skills, he shall use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this Title, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by this Title, the terms of the will, if any, and any order in proceedings to which he is party for the best interests of successors to the estate.
2. A personal representative may not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending proceeding to determine testacy, a proceeding to vacate an order entered in an earlier proceeding to determine testacy, a formal proceeding questioning his appointment or fitness to continue or a proceeding for supervised administration. This section does not affect the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in this Title.
3. Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at his death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as his decedent had immediately before death.
Sec. 212 A personal representative shall proceed expeditiously with the settlement and distribution of the estate of a decedent and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this Title, to resolve questions concerning the estate or its administration.
Sec. 213 1. Not later than 30 days after his appointment, each personal representative, except a special administrator, shall give information of his appointment to the heirs and devisees, including, if there has been no formal proceeding to determine testacy and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require the information to be sent to persons who have been adjudicated in a previous formal proceeding to determine testacy to have no interest in the estate.
2. The information must include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed and describe the court where papers relating to the estate are on file. The information must state that the estate is being administered by the personal representative pursuant to this Title without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.
3. Failure of the personal representative to give this information is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers or other duties. A personal representative may inform other persons of this appointment by delivery or ordinary first-class mail.
Sec. 214 1. Within 3 months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or mail an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail and indicating as to each listed item its fair market value as of the date of the death of the decedent, and the type and amount of any encumbrance that may exist with reference to any item.
2. The personal representative shall send a copy of the inventory to interested persons who request it. He may also file the original of the inventory with the court.
Sec. 215 The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the death of the decedent of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser must be indicated on the inventory with the item or items he appraised.
Sec. 216 If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisal showing the market value as of the date of the death of the decedent of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed or furnish copies thereof or information thereof to persons interested in the new information.
Sec. 217 Except as otherwise provided by the will of a decedent, every personal representative has a right to, and shall take possession or control of, the property of the decedent, but any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
Sec. 218 The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means lawfully void or voidable as against his creditors. Subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
Sec. 219 Until termination of his appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing or order of court.
Sec. 220 If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative must be determined as provided in sections 221 and 222 of this act.
Sec. 221 Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction that is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:
1. The will or a contract entered into by the decedent expressly authorized the transaction; or
2. The transaction is approved by the court after notice to interested persons.
Sec. 222 1. A person who in good faith assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in section 187 of this act, a provision in a will or an order of a court purporting to limit the power of a personal representative is not effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.
2. The protection expressed in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in the proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection expressed in this section is not a substitute for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Sec. 223 Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 396 of this act, a personal representative, acting reasonably for the benefit of the interested persons, may properly perform any act described in sections 224 to 238, inclusive, of this act.
Sec. 224 A personal representative may:
1. Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment; and
2. Receive assets from fiduciaries or other sources.
Sec. 225 A personal representative may perform, compromise or refuse performance of the contracts of the decedent that continue as obligations of the estate, as he may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:
1. Execute and deliver a deed of conveyance for cash payment of all sums remaining due or the note of the purchaser for the sum remaining due secured by a mortgage or deed of trust on the land; or
2. Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.
Sec. 226 A personal representative may satisfy written charitable pledges of the decedent whether or not the pledges constituted binding obligations of the decedent or were properly presented as claims if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances.
Sec. 227 If money is not needed to meet debts and expenses currently payable and is not immediately distributable, a personal representative may deposit or invest liquid assets of the estate, including money received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured-loan arrangements or other prudent investments that would be reasonable for use by trustees generally.
Sec. 228 A personal representative may make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.
Sec. 229 A personal representative may:
1. Acquire or dispose of an asset, including land in this or another state, for cash or on credit, with or without security for unpaid balances, at public or private sale, and manage, develop, improve, exchange, partition and change the character of an asset;
2. Subdivide, develop or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation on exchange or partition by giving or receiving considerations or dedicate easements to public use without consideration; or
3. Abandon property when, in his opinion, it is valueless or is so encumbered or is in a condition such that it is of no benefit to the estate.
Sec. 230 A personal representative may enter:
1. For any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration; and
2. Into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into pooling or unitization.
Sec. 231 A personal representative may:
1. Vote stocks or other securities in person or by general or limited proxy;
2. Pay calls, assessments and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;
3. Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate, but the personal representative is liable for any act of the nominee in connection with the security so held; and
4. Sell or exercise stock subscription or conversion rights, or consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise.
Sec. 232 A personal representative may:
1. Insure the assets of the estate against damage, loss and liability and himself against liability as to third persons; and
2. Provide for his own exoneration from personal liability in any contract entered into on behalf of the estate.
Sec. 233 A personal representative may borrow money with or without security to be repaid from the estate assets or otherwise and advance money for the protection of the estate.
Sec. 234 A personal representative may effect a fair and reasonable compromise with any debtor or obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge or other lien upon the property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien.
Sec. 235 A personal representative may:
1. Pay taxes, assessments, his own compensation and other expenses incident to the administration of the estate; and
2. Employ persons, including attorneys, auditors, investment advisers or agents, even if they are associated with him, to advise or assist him in the performance of his administrative duties, act without independent investigation upon their recommendations, and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary.
Sec. 236 A personal representative may prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of himself in the performance of his duties.
Sec. 237 A personal representative may:
1. Continue any unincorporated business or venture in which the decedent was engaged at the time of his death:
(a) In the same form for a period of not more than 4 months from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including good will;
(b) In the same form for any additional period that may be approved by order of the court in a formal proceeding to which the persons interested in the estate are parties; or
(c) Throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate; and
2. Incorporate any business or venture in which the decedent was engaged at the time of his death.
Sec. 238 A personal representative may:
1. Allocate items of income or expense to income or principal of the estate, as permitted or provided by law; and
2. Satisfy and settle claims and distribute the estate as provided in this Title.
Sec. 239 A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to an executor named in a will.
Sec. 240 If two or more persons are appointed co-representatives and unless a will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative, if actually unaware that another has been appointed to serve with him, or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned in this section, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Sec. 241 Unless the terms of a will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-executors is not appointed, those appointed may exercise all the powers incident to the office.
Sec. 242 A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
Sec. 243 If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorney's fees incurred.
Sec. 244 After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment adviser or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Sec. 245 Chapter 141 of NRS is hereby amended by adding thereto the provisions set forth as sections 246 to 265, inclusive, of this act.
Sec. 246 1. Unless notice has already been given pursuant to this section, a personal representative upon appointment may publish a notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county announcing the appointment and the address of the personal representative and notifying creditors of the estate to present their claims within 4 months after the date of the first publication of the notice or be forever barred.
2. A personal representative may give written notice by mail or other delivery to a creditor, notifying the creditor to present his claim within 4 months after the published notice, if given as provided in subsection 1, or within 60 days after the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice must be the notice described in subsection 1 or a similar notice.
3. The personal representative is not liable to a creditor or to a successor of the decedent for giving or failing to give notice pursuant to this section.
Sec. 247 1. Unless an estate is insolvent, the personal representative, with the consent of all successors whose interest would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the death of the decedent may be allowed or paid.
2. The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended for 4 months after the death of the decedent, but resumes thereafter as to claims not barred by other sections.
3. For the purposes of a statute of limitations, the presentation of a claim pursuant to section 251 of this act is equivalent to commencement of a proceeding on the claim.
Sec. 248 1. All claims against the estate of a decedent which arose before his death, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, or founded on contract, tort or other legal basis, if not barred earlier by another statute of limitations or nonclaim statute, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented within the earlier of the following:
(a) One year after the death of the decedent; or
(b) The time provided by subsection 2 of section 246 of this act for creditors who are given actual notice, and within the time provided in subsection 1 of that section for all creditors barred by publication.
2. A claim described in subsection 1 which is barred by the nonclaim statute of the domicile of the decedent before the giving of notice to creditors in this state is barred in this state.
Sec. 249 All claims against the estate of a decedent which arise at or after the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, or founded on contract, tort or other legal basis, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented as follows:
1. A claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due; or
2. Any other claim, within the later of 4 months after it arises or 1 year after the death of the decedent.
Sec. 250 This section does not affect or prevent:
1. Any proceeding to enforce any mortgage, pledge or other lien upon property of the estate;
2. To the limits of the insurance only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or
3. Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.
Sec. 251 Claims against a decedent's estate may be presented as follows:
1. The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative or the filing of the claim with the court. If a claim is not yet due, the date when it will become due must be stated. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. If the claim is secured, the security must be described. Failure to describe correctly the security, the nature of any uncertainty and the due date of a claim not yet due does not invalidate the presentation made.
2. The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction to obtain payment of his claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent that were pending at the time of his death.
3. Except as otherwise provided in this subsection, if a claim is presented pursuant to subsection 1, no proceeding thereon may be commenced more than 60 days after the personal representative has mailed a notice of disallowance. In the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the 60-day period, or to avoid injustice, the court, on petition, may order an extension of the 60-day period, but in no event may the extension run beyond the applicable statute of limitations.
Sec. 252 1. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
(a) Costs and expenses of administration;
(b) Reasonable funeral expenses;
(c) Debts and taxes with preference under federal law;
(d) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him;
(e) Debts and taxes with preference under other laws of this state; and
(f) All other claims.
2. No preference may be given in the payment of any claim over any other claim of the same class, and a claim due and payable is not entitled to a preference over claims not due.
Sec. 253 As to claims presented in the manner described in section 251 of this act within the time limited by sections 248 and 249 of this act, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal representative changes his decision concerning the claim, he shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than 60 days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on his claim for 60 days after the time for original presentation of the claim has expired has the effect of a notice of allowance.
Sec. 254 After allowing or disallowing a claim, the personal representative may change the allowance or disallowance as provided in this section. The personal representative may, before payment, change the allowance to a disallowance in whole or in part, but not after allowance by a court order or judgment or an order directing payment of the claim. He shall notify the claimant of the change to disallowance, and the disallowed claim is then subject to bar as provided in section 253 of this act. The personal representative may change a disallowance to an allowance, in whole or in part, until it is barred pursuant to section 253 of this act. After it is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent.
Sec. 255 1. Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by section 253 of this act. Notice in this proceeding must be given to the claimant, the personal representative and such other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced.
2. A judgment in a proceeding in another court against a personal representative to enforce a claim against the estate of a decedent is an allowance of the claim.
3. Unless otherwise provided in a judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period beginning 60 days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
Sec. 256 1. Upon the expiration of the earlier of the times limited by sections 248 and 249 of this act for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead and family allowances and exempt property, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid may secure an order directing the personal representative to pay the claim to the extent the money from the estate is available to pay it.
2. The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:
(a) Payment was made before the expiration of the time limited in subsection 1 and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(b) Payment was made, because of negligence or willful fault of the personal representative, in such a manner as to deprive the injured claimant of priority.
Sec. 257 1. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of the administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.
2. A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.
3. Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.
4. Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.
Sec. 258 Payment of a secured claim must be made upon the basis of the amount allowed if the creditor surrenders his security. Otherwise payment must be made upon the basis of one of the following:
1. If the creditor exhausts his security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security; or
2. If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
Sec. 259 1. If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate and if the claim has been allowed or established by a proceeding, it must be paid in the same manner as presently due and absolute claims of the same class.
2. In other cases, the personal representative, or on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:
(a) If the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; or
(b) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
Sec. 260 1. In allowing a claim, the personal representative may deduct any counterclaim that the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.
2. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Sec. 261 No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section does not prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding.
Sec. 262 When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent or liquidated or unliquidated.
Sec. 263 If any assets of the estate are encumbered by mortgage, pledge, lien or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
Sec. 264 1. All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed.
2. If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the domicile of the decedent, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is entitled to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit.
3. If the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the last domicile of the decedent, the claims allowed in this state must be paid their proportion if local assets are adequate for the purpose, and the balance of local assets must be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets must be marshaled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
Sec. 265 1. The estate of a nonresident decedent being administered by a personal representative appointed in this state must, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless:
(a) By virtue of the decedent's will, if any, and applicable rules for choice of law, the successors are identified pursuant to the local law of this state without reference to the local law of the domicile of the decedent;
(b) The personal representative in this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or
(c) The court orders otherwise in a proceeding for a closing order pursuant to section 420 of this act or incident to the closing of a supervised administration.
2. In other cases, distribution of the estate of a decedent must be made in accordance with the other provisions of this Title.
Sec. 266 Chapter 144 of NRS is hereby amended by adding thereto the provisions set forth as sections 267 to 278, inclusive, of this act.
Sec. 267 As used in this chapter, unless the context otherwise requires:
1. "Local administration" means administration by a personal representative appointed in this state pursuant to proceedings described in chapters 137 and 138 of NRS.
2. "Local personal representative" includes a personal representative appointed in this state pursuant to proceedings described in chapters 137 and 138 of NRS and excludes any domiciliary foreign personal representatives who acquire the power of a local personal representative pursuant to section 272 of this act.
3. "Resident creditor" means a person domiciled or doing business in this state who is, or could be, a claimant against an estate of a nonresident decedent.
Sec. 268 At any time after the expiration of 60 days after the death of a nonresident, a person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action, belonging to the estate of the nonresident decedent may pay the debt, or deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the appointment of the representative and an affidavit made by or on behalf of the representative stating:
1. The date of the death of the decedent;
2. That no local administration, or application or petition therefor, is pending in this state; and
3. That the domiciliary foreign personal representative is entitled to payment or delivery.
Sec. 269 Payment or delivery made in good faith on the basis of a proof of authority and affidavit pursuant to section 268 of this act releases a debtor or person having possession of the personal property of a nonresident decedent to the same extent as if payment or delivery had been made to a local personal representative.
Sec. 270 Payment or delivery pursuant to section 268 of this act may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid or the property should not be delivered to the domiciliary foreign personal representative.
Sec. 271 If no local administration, or application or petition therefor, is pending in this state, a domiciliary foreign personal representative may file with a court of this state, in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given.
Sec. 272 A domiciliary foreign personal representative who has complied with section 271 of this act may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state, subject to any conditions imposed upon nonresident parties generally.
Sec. 273 1. The power of a domiciliary foreign personal representative pursuant to section 268 or 272 of this act may be exercised only if there is no local administration, or application or petition therefor, pending in this state. An application or petition for local administration of the estate terminates the power of the domiciliary foreign personal representative to act pursuant to section 272 of this act, but the local court may allow the domiciliary foreign personal representative to exercise limited powers to preserve the estate.
2. A person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a domiciliary foreign personal representative is not prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the domiciliary foreign personal representative and may be substituted for the domiciliary foreign personal representative in any action or proceeding in this state.
Sec. 274 In respect to a nonresident decedent, the provisions of chapters 136 to 141, inclusive, 145, 150 and 151 of NRS govern:
1. Proceedings, if any, in a court of this state for the probate of a will or the appointment, removal, supervision and discharge of a local personal representative or any other order concerning an estate; and
2. The status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
Sec. 275 1. A domiciliary foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(a) Filing authenticated copies of his appointment pursuant to section 271 of this act;
(b) Receiving payment of money or taking delivery of personal property pursuant to section 268 of this act; or
(c) Performing any act as a personal representative in this state that would give the state jurisdiction over him as an individual.
2. Jurisdiction under paragraph (b) of subsection 1 is limited to the money or value of the personal property collected.
Sec. 276 In addition to jurisdiction conferred by section 275 of this act, a domiciliary foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately before death.
Sec. 277 1. Service of process may be made upon a domiciliary foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Service by ordinary first-class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a domiciliary foreign personal representative in the manner in which service could have been made under other laws of this state on either the domiciliary foreign personal representative or the decedent immediately before death.
2. If service is made upon a domiciliary foreign personal representative as provided in subsection 1, he is allowed at least 30 days within which to appear or respond.
Sec. 278 An adjudication rendered in any jurisdiction in favor of or against a domiciliary foreign personal representative of an estate is binding on the local personal representative as if he were a party to the adjudication.
Sec. 279 Chapter 145 of NRS is hereby amended by adding thereto the provisions set forth as sections 280 to 283, inclusive, of this act.
Sec. 280 1. Thirty days after the death of a resident of this state, a person indebted to the estate of the decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action, belonging to the estate of the decedent shall make payment of the indebtedness or deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to a person claiming to be the successor of the decedent upon being presented with an affidavit made by or on behalf of the successor stating that:
(a) The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $10,000;
(b) Thirty days have elapsed since the death of the decedent;
(c) No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
(d) The claiming successor is entitled to payment or delivery of the property.
2. A transfer agent of any security shall change the registered ownership in the records of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection 1.
Sec. 281 A person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to an affidavit presented pursuant to section 280 of this act is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is presented refuses to pay, deliver, transfer or issue any personal property or evidence thereof, the personal property or evidence thereof may be recovered or its payment, delivery, transfer or issuance compelled upon proof, in a proceeding brought for that purpose, of the right of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
Sec. 282 If it appears from an inventory and appraisal that the value of an entire estate, wherever located, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in section 283 of this act.
Sec. 283 1. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered pursuant to the summary procedures of section 282 of this act by filing with the court, at any time after disbursement and distribution of the estate, a verified statement that:
(a) To the best of his knowledge, the value of the entire estate, less liens and encumbrances, did not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent;
(b) He has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and
(c) He has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.
2. If no actions or proceedings involving the personal representative are pending in the court 1 year after the closing statement is filed, the appointment of the personal representative terminates.
3. A closing statement filed pursuant to this section has the same effect as one filed pursuant to section 422 of this act.
Sec. 284 Chapter 146 of NRS is hereby amended by adding thereto the provisions set forth as sections 285 to 291, inclusive, of this act.
Sec. 285 1. In determining the amounts to be allowed pursuant to this chapter:
(a) To a surviving spouse, the value of the community property passing to the surviving spouse without administration must be subtracted from the total amount otherwise allowable pursuant to this chapter.
(b) Subsection 9 of NRS 125.510, if applicable, governs the amount allowable to or for a minor child.
2. As used in this section, "surviving spouse" has the meaning ascribed to it in section 377 of this act.
Sec. 286 This chapter applies to the estate of a decedent who dies domiciled in this state. Rights to a homestead allowance, exempt property and a family allowance for a decedent who dies not domiciled in this state must be governed by the law of his domicile at death.
Sec. 287 1. The surviving spouse of a decedent is entitled to a homestead allowance of $15,000. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $15,000 divided by the number of minor and dependent children of the decedent.
2. The homestead allowance is exempt from and has priority over all claims against the estate. The homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent, unless otherwise provided in the will, or by intestate succession.
Sec. 288 1. In addition to a homestead allowance, the surviving spouse of a decedent is entitled from the estate to a value, not exceeding $10,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances and personal effects. If there is no surviving spouse, the minor and dependent children of the decedent are entitled jointly to the same value.
2. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000, or if there is not $10,000 worth of exempt property in the estate, the spouse or minor and dependent children are entitled to other assets of the estate, if any, to the extent necessary to make up the $10,000 in value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit the earlier payment of a homestead allowance and a family allowance.
3. These rights are in addition to any benefit or share passing to the surviving spouse or minor and dependent children by the will of the decedent, unless otherwise provided in the will, or by intestate succession.
Sec. 289 1. In addition to the rights to a homestead allowance and exempt property, the surviving spouse of a decedent and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, but the allowance may not continue longer than 1 year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children. Otherwise it is payable to the children, or persons responsible for their care and custody. If a minor or dependent child is not living with the surviving spouse, the allowance may be made partially to the child, or his guardian or other person responsible for the care and custody of the child, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.
2. The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided in the will, or by intestate succession. The death of any person entitled to a family allowance terminates the right to allowances not yet paid.
Sec. 290 1. If an estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to a homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor and dependent children or children who are adults may select property of the estate as the homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property.
2. The personal representative may determine the family allowance in a lump sum not exceeding $18,000 or periodic installments not exceeding $1,500 per month for one year, and may disburse money of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
3. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment or failure to act pursuant to this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
Sec. 291 If an allowance pursuant to this chapter is made or exempt property is set aside for a surviving spouse who is an incapacitated person, the court must appoint a trustee to administer that property for the support of the surviving spouse. The trustee shall administer the trust in accordance with the following terms and such additional terms as the court determines appropriate:
1. Expenditures of income and principal may be made in the manner, when and to the extent that the trustee determines suitable and proper for the support of the surviving spouse, without court order but with regard to other support, income and property of the surviving spouse exclusive of benefits of medical or other forms of assistance from any state, the Federal Government or any other governmental agency for which the surviving spouse must qualify on the basis of need.
2. During the incapacity of the surviving spouse, neither the surviving spouse nor anyone acting on his behalf has the power to terminate the trust, but if the surviving spouse regains capacity, he then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust by delivering to the trustee a writing signed by the surviving spouse declaring the termination.
3. Upon the death of the surviving spouse, the trustee shall transfer the unexpended trust property in the following order:
(a) Under the residuary clause, if any, of the will of the predeceased spouse from whose estate the allowance or exempt property was taken, as if that predeceased spouse died immediately after the surviving spouse; or
(b) To the heirs of that predeceased spouse pursuant to section 117 of this act.
Sec. 292 Chapter 148 of NRS is hereby amended by adding thereto the provisions set forth as sections 293 to 340, inclusive, of this act.
Sec. 293 1. A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement or other written instrument of a similar nature is nontestamentary. This subsection includes a written provision that:
(a) Money or other benefits due to, controlled by or owned by a decedent before death must be paid after his death to a person whom the decedent designated in the instrument or in a separate writing, including a will, executed before or at the same time as the instrument, or later;
(b) Money due or to become due under the instrument ceases to be payable in the event of the death of the promisee or the promisor before demand; and
(c) Any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person whom the decedent designated in the instrument or in a separate writing, including a will, executed before or at the same time as the instrument, or later.
2. This section does not limit the rights of creditors under other laws of this state.
Sec. 294 As used in sections 294 to 325, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 295 to 306, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 295 "Account" means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit and share account.
Sec. 296 "Agent" means a person authorized to make transactions related to an account for a party.
Sec. 297 "Beneficiary" means a person named as one to whom money on deposit in an account is payable on request after death of all parties or for whom a party is named as trustee.
Sec. 298 "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association and credit union.
Sec. 299 "Money on deposit" means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any proceeds of deposit life insurance added to the account by reason of the death of a party.
Sec. 300 "Multiple-party account" means an account payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.
Sec. 301 "Party" means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.
Sec. 302 "Payment" of money on deposit includes a withdrawal, a payment to a party or third person pursuant to a check or other request, a pledge of money on deposit by a party and a setoff, reduction or other disposition of all or part of an account pursuant to a pledge.
Sec. 303 "POD designation" means the designation of:
1. A beneficiary in an account payable on request to one party during the lifetime of the party and on the death of the party to one or more beneficiaries, or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries; or
2. A beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the money on deposit in the account, whether or not payment to the beneficiary is mentioned.
Sec. 304 "Receive," as it relates to notice to a financial institution, means receipt in the main office or a branch office of the financial institution in which the account is established, but if the terms of the account require notice at a particular place, in the place required.
Sec. 305 "Request" means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution, but for purposes of sections 294 to 325, inclusive, of this act if the terms of the account condition payment on advance notice, a request for payment must be treated as immediately effective and a notice of intent to withdraw must be treated as a request for payment.
Sec. 306 "Terms of the account" includes the deposit agreement and other terms and conditions, including the form, of a contract of deposit.
Sec. 307 Sections 294 to 325, inclusive, of this act do not apply to:
1. An account established for a partnership, joint venture or other organization for a business purpose;
2. An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association or charitable or civic organization; or
3. A fiduciary or trust account in which the relationship is established other than by the terms of the account.
Sec. 308 1. An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section 314 of this act, both a single-party account and a multiple-party account may have a POD designation, an agency designation, or both.
2. An account established before, on or after January 1, 1998, whether in the form prescribed in section 309 of this act or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship and with or without a POD designation or an agency designation, within the meaning of sections 294 to 325, inclusive, of this act, and is governed by those sections.
Sec. 309 1. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided. The account is governed by the provisions of sections 294 to 325, inclusive, of this act applicable to an account of that type:
SINGLE- OR MULTIPLE-PARTY ACCOUNT
PARTIES (Name One or More Parties):
OWNERSHIP (Select One and Initial):
SINGLE-PARTY ACCOUNT
MULTIPLE-PARTY ACCOUNT
- Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH (Select One and Initial):
SINGLE-PARTY ACCOUNT
- At death of party, ownership passes as part of estate of party.
- SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
(Name One or More Beneficiaries):
- At death of party, ownership passes to POD beneficiaries and is not part of estate of party.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
- At death of party, ownership passes to surviving parties.
- MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
(Name One or More Beneficiaries):
- At death of last surviving party, ownership passes to POD beneficiaries and is not part of estate of last surviving party.
- MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
- At death of party, ownership by deceased party passes as part of estate of deceased party.
AGENCY (POWER OF ATTORNEY) DESIGNATION (Optional)
- Agents may make transactions related to the account for parties but have no ownership or rights at death unless named as POD beneficiaries.
(To Add Agency Designation to Account,
Name One or More Agents):
(Select One and Initial):
- AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
- AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES
2. A contract of deposit that does not contain provisions in substantially the form provided in subsection 1 is governed by the provisions applicable to the type of account that most nearly conforms to the intent of the depositor.
Sec. 310 1. The parties may designate a person other than a party as the agent of all parties on an account by a writing signed by all parties.
2. Unless the terms of a designation of an agent provide that the authority of the agent terminates on disability or incapacity of a party, the authority of the agent survives disability and incapacity of a party. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.
3. Death of the sole party or last surviving party terminates the authority of an agent.
Sec. 311 1. The provisions of sections 312 to 318, inclusive, of this act concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors and do not apply to the right of those persons to payment as determined by the terms of an account.
2. Sections 319 to 325, inclusive, of this act govern the liability and setoff rights of financial institutions that make payments pursuant to the terms of an account.
Sec. 312 1. As used in this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and less a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.
2. During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
3. A beneficiary in an account having a POD designation has no right to money on deposit during the lifetime of any party.
4. An agent in an account with a designation of agent has no beneficial right to money on deposit.
Sec. 313 1. Except as otherwise provided in sections 294 to 325, inclusive, of this act, on the death of a party money on deposit in a multiple-party account belongs to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled pursuant to section 312 of this act belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled pursuant to section 312 of this act belongs to the surviving parties in equal shares, and augments the proportion to which each survivor, immediately before the death of the decedent, was beneficially entitled pursuant to section 312 of this act, and the right of survivorship continues between the surviving parties.
2. In an account with a POD designation:
(a) On the death of one of two or more parties, the rights in money on deposit are governed by subsection 1.
(b) On the death of the sole party or the last survivor of two or more parties, money on deposit belongs to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, money on deposit belongs to them in equal and undivided shares and there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, money on deposit belongs to the estate of the last surviving party.
Sec. 314 1. Money on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, is not affected by the death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled pursuant to section 312 of this act is transferred as part of the estate of the decedent. A POD designation in a multiple-party account without right of survivorship is ineffective. For the purposes of this section, the designation of an account as a tenancy in common establishes that the account is without right of survivorship.
2. The ownership of a surviving party or beneficiary, or of the estate of the decedent, in money on deposit is subject to requests for payment made by a party before his death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the estate of the decedent, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred pursuant to section 313 of this act, to the extent necessary to discharge the request for payment.
Sec. 315 1. Rights at death under sections 313 and 314 of this act are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during his lifetime.
2. A right of survivorship arising from the express terms of the account, section 313 or 314 of this act or a POD designation may not be altered by will.
Sec. 316 Except as a consequence of, and to the extent directed by, section 317 of this act, a transfer resulting from the application of sections 313 and 314 of this act is effective by reason of the terms of the account involved and sections 294 to 325, inclusive, of this act and is not testamentary or subject to the provisions of this Title other than this chapter and chapter 149 of NRS.
Sec. 317 1. If other assets of the estate are insufficient, a transfer resulting from a right of survivorship or POD designation pursuant to sections 294 to 325, inclusive, of this act is not effective against the estate of a deceased party to the extent needed to pay claims against the estate and statutory allowances to the surviving spouse and minor and dependent children.
2. A surviving party or beneficiary who receives payment from an account after the death of a party is liable to account to the personal representative of the decedent for a proportionate share of the amount received to which the decedent, immediately before death, was beneficially entitled pursuant to section 312 of this act, to the extent necessary to discharge the claims and allowances described in subsection 1 remaining unpaid after application of the estate of the decedent. A proceeding to assert the liability may not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child or a person acting for a child of the decedent. The proceeding must be commenced within 1 year after the death of the decedent.
3. A surviving party or beneficiary against whom a proceeding to account is brought may join as a party to the proceeding a surviving party or beneficiary of any other account of the decedent.
4. Money recovered by the personal representative must be administered as part of the estate of the decedent. This section does not affect the protection from claims of the personal representative or estate of a deceased party provided in section 324 of this act for a financial institution that makes payment in accordance with the terms of the account.
Sec. 318 A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other arising from the express terms of the account or section 313 or 314 of this act may not be altered by will.
Sec. 319 A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and the designation of an agent in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
Sec. 320 A financial institution, on request, may pay money on deposit in a multiple-party account to:
1. One or more of the parties, whether or not another party is disabled, incapacitated or deceased when payment is requested and whether or not the party making the request survives another party; or
2. The personal representative, if any, or if there is none, the heirs or devisees of a deceased party if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary, unless the account is without the right of survivorship pursuant to section 314 of this act.
Sec. 321 A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
1. One or more of the parties, whether or not another party is disabled, incapacitated or deceased when the payment is requested and whether or not a party survives another party;
2. The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or
3. The personal representative, if any, or if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account as a party or beneficiary.
Sec. 322 A financial institution, on request of an agent under a designation of agent for an account, may pay to the agent money on deposit in the account, whether or not a party is disabled, incapacitated or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
Sec. 323 If a financial institution is required or permitted to make payment pursuant to sections 294 to 325, inclusive, of this act to a minor designated as a beneficiary, payment may be made pursuant to the Uniform Transfers to Minors Act.
Sec. 324 1. Payment made pursuant to sections 294 to 325, inclusive, of this act in accordance with the type of account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries or their successor. Payment may be made whether or not a party, beneficiary or agent is disabled, incapacitated or deceased when payment is requested, received or made.
2. Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account, including one having the designation of agent, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected pursuant to this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection pursuant to this section.
3. A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.
4. Protection of a financial institution pursuant to this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of money on deposit in accounts or payments made from accounts.
Sec. 325 Without qualifying any other statutory right to a setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to a setoff against the account. The amount of the account subject to the setoff is the proportion to which the party is, or immediately before death was, beneficially entitled pursuant to section 312 of this act or, in the absence of proof of that proportion, an equal share with all parties.
Sec. 326 As used in sections 326 to 340, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 327 to 331, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 327 "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
Sec. 328 "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
Sec. 329 "Registering entity" means a person who originates or transfers title to a security by registration, and includes a broker maintaining securities accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
Sec. 330 "Security" means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security and a securities account.
Sec. 331 "Securities account" means:
1. A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in a securities account, a reinvestment account or a brokerage account, whether or not credited to the account before the death of the owner; or
2. A cash balance or other property held for or due to the owner of a security as a replacement for or product of a security held in an account, whether or not credited to the account before the death of the owner.
Sec. 332 Only natural persons whose registration of a security shows sole ownership by one natural person or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties or as owners of community property with right of survivorship, and not as tenants in common.
Sec. 333 A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the principal office of the registering entity, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the address of the owner at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Sec. 334 A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Sec. 335 Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
Sec. 336 The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the death of the owner. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then-surviving owners without the consent of the beneficiary.
Sec. 337 On the death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until the division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Sec. 338 1. A registering entity is not required to offer or to accept a request for registration of a security in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.
2. By accepting a request for the registration of a security in beneficiary form, the registering entity agrees that the registration will be given effect on the death of the deceased owner as provided in sections 326 to 340, inclusive, of this act.
3. A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with section 337 of this act and does so relying in good faith on the registration, on sections 326 to 340, inclusive, of this act and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or the representatives of the surviving beneficiary or other information available to the registering entity. The protections of sections 326 to 340, inclusive, of this act do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to giving effect to a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under those sections.
4. The protection provided by sections 326 to 340, inclusive, of this act to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Sec. 339 1. A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and sections 326 to 340, inclusive, of this act and is not testamentary.
2. Those sections do not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Sec. 340 1. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registration in beneficiary form, and for giving effect to registration in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting the descendants of a named beneficiary to take the place of the named beneficiary in the event of the death of a beneficiary. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes the descendants of a deceased beneficiary who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the domicile of the beneficiary at the death of the owner governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in the terms and conditions of a registering entity.
2. The following are illustrations of registrations in beneficiary form that a registering entity may authorize:
(a) Sole owner-sole beneficiary: John S. Brown, TOD (or POD) John S. Brown Jr.
(b) Multiple owners-sole beneficiary: John S. Brown and Mary B. Brown, JT TEN, TOD John S. Brown Jr.
(c) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown and Mary B. Brown, JT TEN, TOD John S. Brown Jr., SUB BENE Peter Q. Brown; or as an alternative: John S. Brown and Mary B. Brown, JT TEN, TOD John S. Brown Jr., LDPS.
Sec. 341 Chapter 149 of NRS is hereby amended by adding thereto the provisions set forth as sections 342 to 393, inclusive, of this act.
Sec. 342 In the absence of a finding of a contrary intention, the rules of construction in sections 342 to 376, inclusive, of this act control the construction of a governing instrument. The rules of construction in those sections apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
Sec. 343 Except as otherwise provided in section 345 of this act:
1. For the purposes of this Title, a natural person who is not established by clear and convincing evidence to have survived an event, including the death of another, by 120 hours is deemed to have predeceased the event.
2. For purposes of a provision of a governing instrument that relates to a natural person surviving an event, including the death of another, a natural person who is not established by clear and convincing evidence to have survived the event by 120 hours is deemed to have predeceased the event.
Sec. 344 1. Except as otherwise provided in section 345 of this act, if:
(a) It is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours; or
(b) There are more than two co-owners with right of survivorship and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.
2. For the purposes of this section, "co-owners with right of survivorship" includes joint tenants, owners of community property and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other or others.
Sec. 345 Survival by 120 hours is not required if:
1. The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
2. The governing instrument expressly indicates that a natural person is not required to survive an event, including the death of another, by any specified period or expressly requires him to survive the event by a specified period, but survival must be established by clear and convincing evidence;
3. The imposition of a requirement of survival by 120 hours would cause a nonvested property interest or a power of appointment to fail to qualify for validity pursuant to paragraph (a) of subsection 1, 2 or 3 of NRS 111.1031 or to become invalid pursuant to paragraph (b) of subsection 1, 2 or 3 of NRS 111.1031, but survival must be established by clear and convincing evidence; or
4. The application of a requirement of survival by 120 hours to multiple governing instruments would result in an unintended failure or duplication of a disposition, but survival must be established by clear and convincing evidence.
Sec. 346 1. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, pursuant to sections 343, 344 and 345 of this act, is not entitled to the payment or item of property, or for having taken any other action relying in good faith on the apparent entitlement of the beneficiary under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement pursuant to those sections. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement pursuant to those sections.
2. Written notice of a claimed lack of entitlement pursuant to subsection 1 must be mailed to the main office or home of the payor or the other third party by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement pursuant to sections 343, 344 and 345 of this act, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the estate of the decedent, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to estates of the decedents located in the county of the residence of the decedent. The court shall hold the money or item of property and, upon its determination pursuant to sections 343, 344 and 345 of this act, shall order disbursement in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
Sec. 347 1. A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated pursuant to sections 343, 344 and 345 of this act to return the payment, item of property or benefit nor liable pursuant to those sections for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property or any other benefit to which he is not entitled pursuant to those sections is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it pursuant to those sections.
2. If section 343, 344 or 345 of this act or any part of them is preempted by federal law with respect to a payment, an item of property or any other benefit covered by those sections, a person who, not for value, receives the payment, item of property or any other benefit to which he is not entitled pursuant to those sections is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were those sections or part of them not preempted.
Sec. 348 The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to exempt property and allowances described in chapter 146 of NRS or any other public policy of this state otherwise applicable to the disposition.
Sec. 349 If a governing instrument creating a power of appointment expressly requires that the power be exercised by a reference, an express reference or a specific reference to the power or its source, it is presumed that the intention of the donor in requiring that the donee exercise the power by making reference to the particular power or to the creating instrument was to prevent an inadvertent exercise of the power.
Sec. 350 1. Adopted persons and persons born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces" or "nephews," are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces" or "nephews," are construed to include both types of relationships.
2. In addition to the requirements of subsection 1, in construing a dispositive provision of a transferor who is not the natural parent, a person born to the natural parent is not considered the child of that parent unless he lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse or surviving spouse.
3. In addition to the requirements of subsection 1, in construing a dispositive provision of a transferor who is not the adopting parent, an adopted person is not considered the child of the adopting parent unless he lived while a minor, before or after the adoption, as a regular member of the household of the adopting parent.
Sec. 351 As used in sections 351 to 361, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 352 to 357, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 352 "Alternative designation of a beneficiary" means a designation of a beneficiary that is expressly created by the governing instrument and, under the terms of the governing instrument, can take effect instead of another designation of a beneficiary on the happening of one or more events, including the survival of the decedent or failure to survive the decedent, whether an event is expressed as a condition precedent, condition subsequent or in any other form.
Sec. 353 "Beneficiary" means the beneficiary of a designation under which the beneficiary must survive the decedent and includes:
1. A class member if the designation is in the form of a class gift; and
2. A class member or other person who was deceased at the time the designation was executed as well as a class member or other person who was then living but who failed to survive the decedent, but excludes a joint tenant with right of survivorship and a party to a multiple-party account with right of survivorship.
Sec. 354 "Class member" includes a person who fails to survive the decedent but who would have taken under a beneficiary designation in the form of a class gift had he survived the decedent.
Sec. 355 "Designation" of a beneficiary includes an alternative designation and a designation in the form of a class gift.
Sec. 356 "Stepchild" means a child of the surviving, deceased or former spouse of the decedent and not a child of the decedent.
Sec. 357 "Surviving beneficiary" or "surviving descendent" means a beneficiary or a descendant who neither predeceased the decedent nor is deemed to have predeceased him pursuant to sections 343, 344 and 345 of this act.
Sec. 358 If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a grandparent or a stepchild of the decedent, the following apply:
1. Except as otherwise provided in subsection 4, if the designation of the beneficiary is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created to the surviving descendants of the beneficiary. They take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the decedent.
2. Except as otherwise provided in subsection 4, if the designation of the beneficiary is in the form of a class gift, other than a designation such as "issue," "descendants," "heirs of the body," "heirs," "next of kin," "relatives" or "family," or a class described by language of similar import, a substitute gift is created to the surviving descendants of a deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the decedent passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he would have been entitled had the deceased beneficiaries survived the decedent. The surviving descendants of each deceased beneficiary who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the decedent. For the purposes of this subsection, "deceased beneficiary" means a class member who failed to survive the decedent and left one or more surviving descendants.
3. For the purposes of section 342 of this act, words of survivorship, such as in a designation of the beneficiary as a person "if he survives me" or in a designation of beneficiaries as "my surviving children," are not, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of sections 351 to 361, inclusive, of this act.
4. If a governing instrument creates an alternative designation with respect to a designation for which a substitute gift is created by subsection 1 or 2, the substitute gift is superseded by the alternative designation only if an expressly designated beneficiary of the alternative designation is entitled to take.
Sec. 359 1. If, pursuant to section 358 of this act, substitute gifts are created and not superseded with respect to more than one designation of a beneficiary and the designations are alternative designations, one to the other, the determination of which of the substitute gifts takes effect is resolved as follows:
(a) Except as otherwise provided in paragraph (b), the property passes under the primary substitute gift.
(b) If there is a younger-generation designation of a beneficiary, the property passes under the younger-generation substitute gift and not under the primary substitute gift.
2. As used in this section:
(a) "Primary designation" of a beneficiary means the designation that would have taken effect had all the deceased beneficiaries of the alternative designations who left surviving descendants survived the decedent.
(b) "Primary substitute gift" means the substitute gift created with respect to the primary designation.
(c) "Younger-generation designation" of a beneficiary means a designation that:
(1) Is of a descendant of a beneficiary of the primary beneficiary designation;
(2) Is an alternative designation with respect to the primary designation;
(3) Is a designation for which a substitute gift is created; and
(4) Would have taken effect had all the deceased beneficiaries who left surviving descendants survived the decedent except the deceased beneficiary or beneficiaries of the primary designation.
(d) "Younger-generation substitute gift" means the substitute gift created with respect to the younger-generation designation of a beneficiary.
Sec. 360 1. A payor is protected from liability in making payments under the terms of a designation of a beneficiary until the payor has received written notice of a claim to a substitute gift pursuant to section 358 or 359 of this act. Payment made before the receipt of written notice of a claim to a substitute gift pursuant to those sections discharges the payor, but not the recipient, from all claims for the amounts paid. A payor is liable for a payment made after the payor has received written notice of the claim. A recipient is liable for a payment received, whether or not written notice of the claim is given.
2. The written notice of the claim must be mailed to the main office or home of the payor by registered or certified mail, return receipt requested or served upon the payor in the same manner as a summons in a civil action. Upon receipt of written notice of the claim, a payor may pay any amount owed by it to the court having jurisdiction of probate proceedings relating to the estate of the decedent or, if no proceedings have been commenced, to the court having jurisdiction of the probate proceedings relating to estates of decedents located in the county of residence of the decedent. The court shall hold the money and, upon its determination pursuant to section 358 or 359 of this act, shall order disbursement in accordance with the determination. Payment made to the court discharges the payor from all claims for the amounts paid.
Sec. 361 1. A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated pursuant to section 358 or 359 of this act to return the payment, item of property or benefit nor liable pursuant to those sections for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property or any other benefit to which he is not entitled pursuant to those sections is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it pursuant to those sections.
2. If section 358 or 359 of this act or any part of them is preempted by federal law with respect to a payment, an item of property or any other benefit covered by those sections, a person who, not for value, receives the payment, item of property or any other benefit to which he is not entitled pursuant to those sections is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were those sections or part of them not preempted.
Sec. 362 As used in sections 362 to 372, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 363 to 369, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 363 "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of one or more events, including survival of an event or failure to survive an event, whether the event is expressed as a condition precedent, condition subsequent or in any other form. A residuary clause in a will does not create an alternative future interest with respect to a future interest created in a nonresiduary devise in the will, whether or not the will specifically provides that lapsed or failed devises are to pass pursuant to the residuary clause.
Sec. 364 "Beneficiary" means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift.
Sec. 365 "Class member" includes a person who fails to survive the distribution date but who would have taken under a future interest in the form of a class gift had he survived the date for distribution.
Sec. 366 "Date for distribution," with respect to a future interest, means the time when the future interest is to take effect in possession or enjoyment. The date for distribution need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.
Sec. 367 "Future interest" includes an alternative future interest and a future interest in the form of a class gift.
Sec. 368 "Future interest under the terms of a trust" means a future interest that was created by a transfer creating a trust or to an existing trust or by an exercise of a power of appointment to an existing trust, directing the continuance of an existing trust, designating a beneficiary of an existing trust or creating a trust.
Sec. 369 "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date pursuant to sections 343, 344 and 345 of this act.
Sec. 370 A future interest under the terms of a trust is contingent on the beneficiary's surviving the date for distribution. If a beneficiary of a future interest under the terms of a trust fails to survive that date, the following apply:
1. Except as otherwise provided in subsection 4, if the future interest is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created to the surviving descendants of the beneficiary. They take by representation the property to which the beneficiary would have been entitled had the beneficiary survived the date for distribution.
2. Except as otherwise provided in subsection 4, if the future interest is in the form of a class gift, other than a future interest to "issue," "descendants," "heirs of the body," "heirs," "next of kin," "relatives" or "family," or a class described by language of similar import, a substitute gift is created to the surviving descendants of a deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the distribution date passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he would have been entitled had the deceased beneficiaries survived the date for distribution. The surviving descendants of each deceased beneficiary who are substituted for the deceased beneficiary take by representation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the date for distribution. For the purposes of this subsection, "deceased beneficiary" means a class member who failed to survive the date for distribution and left one or more surviving descendants.
3. For the purposes of section 342 of this act, words of survivorship attached to a future interest are not, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of sections 362 to 372, inclusive, of this act. Words of survivorship include words of survivorship that relate to the date for distribution or to an earlier or an unspecified time, whether those words of survivorship are as an expressed condition precedent, condition subsequent or in any other form.
4. If a governing instrument creates an alternative future interest with respect to a future interest for which a substitute gift is created by subsection 1 or 2, the substitute gift is superseded by the alternative future interest only if an expressly designated beneficiary of the alternative future interest is entitled to take in possession or enjoyment.
Sec. 371 1. If, pursuant to section 370 of this act, substitute gifts are created and not superseded with respect to more than one future interest and the future interests are alternative future interests, one to the other, the determination of which of the substitute gifts takes effect must be resolved as follows:
(a) Except as otherwise provided in subsection 2, the property passes under the primary substitute gift.
(b) If there is a younger-generation future interest, the property passes under the younger-generation substitute gift and not under the primary substitute gift.
2. In this subsection:
(a) "Primary future interest" means the future interest that would have taken effect had all the deceased beneficiaries of the alternative future interests who left surviving descendants survived the distribution date.
(b) "Primary substitute gift" means the substitute gift created with respect to the primary future interest.
(c) "Younger-generation future interest" means a future interest that:
(1) Belongs to a descendant of a beneficiary of the primary future interest;
(2) Is an alternative future interest with respect to the primary future interest;
(3) Is a future interest for which a substitute gift is created; and
(4) Would have taken effect had all the deceased beneficiaries who left surviving descendants survived the date for distribution except the deceased beneficiary or beneficiaries of the primary future interest.
(d) "Younger-generation substitute gift" means the substitute gift created with respect to the younger-generation future interest.
Sec. 372 1. Except as otherwise provided in subsection 2, if after the application of sections 370 and 371 of this act, there is no surviving taker, the property passes in the following order:
(a) If the trust was created in a nonresiduary devise in the will of the transferor or in a codicil to the will of the transferor, the property passes pursuant to the residuary clause in the will of the transferor. For the purposes of this section, the residuary clause is treated as creating a future interest under the terms of a trust.
(b) If no taker is produced by the application of paragraph (a), the property passes to the heirs of the transferor pursuant to section 376 of this act.
2. If, after the application of sections 370 and 371 of this act, there is no surviving taker and if the future interest was created by the exercise of a power of appointment:
(a) The property passes under the provision of the donor for a gift if there is no other taker and he made such a provision, which must be treated as creating a future interest under the terms of a trust; and
(b) If no taker is produced by the application of paragraph (a), the property passes as provided in subsection 1. For the purposes of subsection 1, "transferor" means the donor if the power was a nongeneral power and means the donee if the power was a general power.
Sec. 373 If a class gift in favor of "descendants," "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property must be distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
Sec. 374 1. As used in this section:
(a) "Date for distribution," with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The date for distribution need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.
(b) "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the date for distribution or is deemed to have predeceased that date pursuant to sections 343, 344 and 345 of this act.
(c) "Surviving ancestor," "surviving child" or "surviving descendant" means an ancestor, a child or a descendant who neither predeceased the date for distribution nor is deemed to have predeceased that date pursuant to section 343, 344 or 345 of this act.
2. If an applicable statute or a governing instrument calls for property to be distributed "by representation" or "per capita at each generation," the property must be divided into as many equal shares as there are surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants and deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation must be allocated one share. The remaining shares, if any, must be combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the date for distribution.
3. If a governing instrument calls for property to be distributed "per stirpes," the property must be divided into as many equal shares as there are surviving children of the designated ancestor and deceased children who left surviving descendants. Each surviving child, if any, must be allocated one share. The share of each deceased child with surviving descendants must be divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.
4. For the purposes of subsections 2 and 3, a person who is deceased and left no surviving descendant is disregarded, and a person who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.
Sec. 375 The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs at law," "next of kin," "distributees," "relatives" or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
Sec. 376 If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated person's "heirs," "heirs at law," "next of kin," "relatives" or "family," or language of similar import, the property passes to those persons, including the state, who would succeed, and in such shares as they would succeed, to the intestate estate of the designated person under the law of intestate succession of his domicile if he dies when the disposition is to take effect in possession or enjoyment. If the surviving spouse of the designated person is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated person.
Sec. 377 1. A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of his death. A decree of separation that does not terminate the status of husband and wife is not a divorce for the purposes of this section.
2. For the purposes of chapters 134 and 146 of NRS and sections 111 and 143 of this act, a surviving spouse does not include:
(a) A person who obtained or consented to a final decree or judgment of divorce from the decedent or an annulment of their marriage, even if the decree or judgment is not recognized as valid in this state, unless subsequently they participated in a marriage ceremony purporting to marry each to the other or live together as husband and wife;
(b) A person who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual; or
(c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Sec. 378 As used in sections 378 to 382, inclusive, of this act, unless the context otherwise requires:
1. "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.
2. "Governing instrument" means a governing instrument executed by the decedent.
3. "Revocable," with respect to a disposition, appointment, provision or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer, whether or not the decedent was then empowered to designate himself in place of his killer or the decedent then had capacity to exercise the power.
Sec. 379 1. A person who feloniously and intentionally kills a person forfeits all benefits pursuant to this Title with respect to the estate of the decedent, including an intestate share, the share of an omitted spouse or child, a homestead allowance, exempt property and a family allowance. If the decedent died intestate, his intestate estate passes as if the killer disclaimed his intestate share.
2. The felonious and intentional killing of the decedent revokes any revocable:
(a) Disposition or appointment of property made by the decedent to the killer in a governing instrument;
(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and
(c) Nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including as a personal representative, executor, trustee or agent.
3. Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent.
4. A wrongful acquisition of property or interest by a killer not covered by this section must be treated in accordance with the principle that a killer cannot profit from his wrong.
Sec. 380 1. After all right to appeal has been exhausted, a judgment of conviction establishing criminal accountability for the felonious and intentional killing of the decedent conclusively establishes the convicted person as the killer of the decedent for the purposes of this section.
2. In the absence of a conviction, the court, upon the petition of an interested person, must determine whether, from the preponderance of evidence, the alleged killer would be found criminally accountable for the felonious and intentional killing of the decedent. If the court determines that he would be found criminally accountable for the felonious and intentional killing of the decedent, the determination conclusively establishes him as the killer of the decedent for the purposes of sections 378 to 382, inclusive, of this act.
Sec. 381 1. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by an intentional and felonious killing, or for having taken any other action in good-faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the death of the decedent, before the payor or other third party received written notice of a claimed forfeiture or revocation pursuant to section 379 of this act. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation pursuant to that section.
2. Written notice of a claimed forfeiture or revocation pursuant to subsection 1 must be mailed to the main office or home of the payor or the other third party by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of a written notice of a claimed forfeiture or revocation pursuant to section 379 of this act, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the estate of the decedent, or if no proceedings have been commenced, to or with the court having jurisdiction of the probate proceedings relating to estates of decedents located in the county of the residence of the decedent. The court shall hold the money or item of property and, upon its determination pursuant to this section, shall order disbursement in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
Sec. 382 1. A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated pursuant to section 379 of this act to return the payment, item of property or benefit nor liable pursuant to that section for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property or any other benefit to which he is not entitled pursuant to section 379 of this act is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it pursuant to that section.
2. If section 379 of this act or any part of that section is preempted by federal law with respect to a payment, an item of property or any other benefit covered by that section, a person who, not for value, receives the payment, item of property or any other benefit to which he is not entitled pursuant to that section is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were that section or part of that section preempted.
Sec. 383 As used in sections 383 to 393, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 384 to 389, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 384 "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.
Sec. 385 "Divorce or annulment" means any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of section 377 of this act. A decree of separation that does not terminate the status of husband and wife is not a divorce for the purposes of sections 383 to 393, inclusive, of this act.
Sec. 386 "Divorced person" includes a person whose marriage has been annulled.
Sec. 387 "Governing instrument" means a governing instrument executed by the divorced person before the divorce or annulment of his marriage to his former spouse.
Sec. 388 "Relative of the former spouse of the divorced person" means a person who is related to the former spouse of the divorced person by blood, adoption or affinity and who, after the divorce or annulment, is not related to the divorced person by blood, adoption or affinity.
Sec. 389 "Revocable," with respect to a disposition, appointment, provision or nomination, means one under which the divorced person, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of his former spouse or the relative of his former spouse, whether or not the divorced person was then empowered to designate himself in place of his former spouse or in place of the relative of his former spouse, and whether or not the divorced person then had the capacity to exercise the power.
Sec. 390 1. Except as otherwise provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between the divorced persons before or after the marriage, divorce or annulment, the divorce or annulment of a marriage revokes any revocable:
(a) Disposition or appointment of property made by a divorced person to his former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of his former spouse;
(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the former spouse of the divorced person or on a relative of his former spouse; and
(c) Nomination in a governing instrument, nominating the former spouse of a divorced person or a relative of his former spouse to serve in any fiduciary or representative capacity, including as a personal representative, executor, trustee, conservator, agent or guardian.
2. Provisions of a governing instrument must be given effect as if the former spouse and relatives of the former spouse disclaimed the provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment.
3. Provisions revoked solely by this section are revived by the remarriage of the divorced individual to the former spouse or by a nullification of the divorce or annulment.
Sec. 391 No change of circumstances other than as described in sections 379 and 390 of this act effects a revocation.
Sec. 392 1. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment or remarriage, or for having taken any other action relying in good faith on the validity of the governing instrument, before the payor or other third party received written notice of the divorce, annulment or remarriage. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation pursuant to section 390 of this act.
2. Written notice of the divorce, annulment or remarriage pursuant to subsection 1 must be mailed to the main office or home of the payor or the other third party by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the divorce, annulment or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the estate of the decedent or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to estates of decedents located in the county of the residence of the decedent. The court shall hold the money or item of property and, upon its determination pursuant to section 390 of this act, shall order disbursement or transfer in accordance with the determination. Payments, transfers or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
Sec. 393 1. A person who purchases property from a former spouse, relative of a former spouse or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated pursuant to section 390 of this act to return the payment, item of property or benefit nor liable pursuant to that section for the amount of the payment or the value of the item of property or benefit. But a former spouse, relative of a former spouse or other person who, not for value, received a payment, item of property or any other benefit to which he is not entitled pursuant to this section is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it pursuant to section 390 of this act.
2. If section 390 of this act or any part of it is preempted by federal law with respect to a payment, an item of property or any other benefit covered by that section, a former spouse, relative of the former spouse or any other person who, not for value, received a payment, item of property or any other benefit to which he is not entitled pursuant to that section is obligated to return that payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were that section or part of it not preempted.
Sec. 394 Chapter 150 of NRS is hereby amended by adding thereto the provisions set forth as sections 395 to 418, inclusive, of this act.
Sec. 395 In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by a homestead allowance, an exemption or intestacy may establish title thereto by proof of ownership by the decedent, his death and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.
Sec. 396 1. Except as otherwise provided in subsection 2, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:
(a) Property not disposed of by the will;
(b) Residuary devises;
(c) General devises; and
(d) Specific devises.
For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
2. If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection 1, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.
3. If the estate of a decedent consists partly of separate property and partly of community property, the debts and expenses of administration must be apportioned and charged against the different kinds of property in proportion to the relative value thereof.
4. If the subject of a preferred devise is sold or used incident to administration, abatement must be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
Sec. 397 The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, must be offset against the interest of the successor, but the successor has the benefit of any defense that would be available to him in a direct proceeding for recovery of the debt.
Sec. 398 General pecuniary devises bear interest at the legal rate beginning 1 year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
Sec. 399 A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Sec. 400 1. Unless a contrary intention is indicated by the will, the distributable assets of the estate of a decedent must be distributed in kind to the extent possible through application of the following provisions:
(a) A specific devisee is entitled to the distribution of the thing devised to him, and a spouse or child who has selected particular assets of an estate as provided in section 288 of this act is entitled to receive the items selected.
(b) Any homestead or family allowance or devise of a stated sum of money may be satisfied in kind if:
(1) The person entitled to the payment has not demanded payment in cash;
(2) The property distributed in kind is valued at fair market value as of the date of its distribution; and
(3) No residuary devisee has requested that the asset in question remain a part of the residue of the estate.
(c) For the purpose of valuation pursuant to paragraph (b), securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of similar securities traded on the business day before distribution, or if there was no sale on that day, at the average of amounts bid and offered at the close of that day. Assets consisting of money owed to the decedent or the estate by solvent debtors as to which there is no known dispute or defense must be valued at the sum due with accrued interest or discounted to the date of distribution. For assets that do not have readily ascertainable values, a valuation as of a date not more than 30 days before the date of distribution, if otherwise reasonable, controls. To facilitate distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets have been previously appraised.
(d) The residuary estate may be distributed in any equitable manner.
2. After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset he is to receive, if not waived earlier in writing, terminates if he fails to make an objection in writing that is received by the personal representative within 30 days after mailing or delivery of the proposal.
Sec. 401 If a distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the title of the distributee to the property.
Sec. 402 Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.
Sec. 403 Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, he is liable to return an amount equal to the value of the property as of the date of disposition of the property improperly received and its income and gain received by him.
Sec. 404 1. If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such a distributee, the purchaser or lender takes title free of the rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by a court order or the authority of the personal representative was terminated before execution of the instrument or deed.
2. This section protects a purchaser from or lender to a distributee who, as the personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected pursuant to this section, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.
3. Any recorded instrument described in this section on which a state documentary fee is noted pursuant to NRS 375.020 is prima facie evidence that the transfer was made for value.
Sec. 405 If two or more heirs or devisees are entitled to a distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court before the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
Sec. 406 Subject to the rights of creditors and taxing authorities, competent successors 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 contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his 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 his office for the benefit of any successors of the decedent who are not parties. Personal representatives of the estate of decedents are not required to see to 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 successors for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.
Sec. 407 1. Before distributing to a trustee, the personal representative may require that the trust be registered, if the state in which it is to be administered provides for registration, and that the trustee inform the beneficiaries.
2. If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if he apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and he may withhold distribution until the court has acted.
3. No inference of negligence on the part of the personal representative may be drawn from his failure to exercise the authority conferred by subsections 1 and 2.
Sec. 408 1. If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, or otherwise, pursuant to NRS 154.110 or 154.115 as an escheat.
2. Property so escheated may be recovered pursuant to NRS 154.120.
Sec. 409 1. A personal representative may discharge his obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will.
2. Unless contrary to an express provision in the will, the personal representative may discharge his obligation to distribute to a minor or person under other disability as authorized by NRS 167.029 or any other statute. If the personal representative knows that a guardian has been appointed or that a proceeding for the appointment of a guardian is pending, the personal representative is authorized to distribute only to the guardian.
3. If the heir or devisee is under disability other than minority, the personal representative may distribute to:
(a) An attorney in fact who has authority under a power of attorney to receive property for that person; or
(b) The spouse, parent or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding $10,000 a year, or property not exceeding $10,000 in value, unless the court authorizes a larger amount or greater value.
4. Persons receiving money or property for the disabled person are obligated to apply the money or property to the support of that person, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess money must be preserved for the future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection.
Sec. 410 As used in sections 410 to 418, inclusive, of this act, unless the context otherwise requires:
1. "Estate" means the gross estate of a decedent as determined for the purpose of the federal estate tax and the estate tax payable to this state.
2. "Fiduciary" means a personal representative or trustee.
3. "Person interested in the estate" means any person entitled to receive, or who has received, from a decedent or by reason of the death of a decedent any property or interest therein included in the estate of the decedent. The term includes a personal representative, conservator and trustee.
4. "Tax" means the federal estate tax and the additional tax imposed by chapter 375A of NRS, and any interest and penalties imposed in addition to the tax.
Sec. 411 Except as otherwise provided in section 418 of this act and unless the terms of the will otherwise provide, the tax must be apportioned among all persons interested in the estate. The apportionment must be made in the proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the estate. The values used in determining the tax are to be used for that purpose. If the terms of the will of the decedent direct a method of apportionment of the tax different from the method described in sections 410 to 418, inclusive, of this act, the method described in the terms of the will controls.
Sec. 412 1. The court in which venue lies for the administration of the estate of a decedent, on petition for the purpose, may determine the apportionment of the tax.
2. If the court finds that it is inequitable to apportion the interest and penalties in the manner provided in section 411 of this act, because of special circumstances, it may direct apportionment thereof in any manner it finds equitable.
3. If the court finds that the assessment of penalties and interest assessed in relation to the tax results from a delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest.
4. In any action to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with sections 410 to 418, inclusive, of this act the determination of the court in respect thereto is prima facie correct.
Sec. 413 1. The personal representative or other person in possession of the property of the estate of a decedent who is required to pay the tax may withhold from any property distributable to any person interested in the estate the amount of tax attributable to the interest of that person. If the property in possession of the personal representative or other person required to pay the tax which is distributable to any person interested in the estate is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the personal representative or other person required to pay the tax may recover the deficiency from the person interested in the estate. If the property is not in the possession of the personal representative or the other person required to pay the tax, the personal representative or the other person required to pay the tax may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with sections 410 to 418, inclusive, of this act.
2. If property held by the personal representative is distributed before the final apportionment of the tax, the distributee shall provide a bond or other security for his liability under the apportionment in the form and amount prescribed by the personal representative.
Sec. 414 1. In making an apportionment, allowances must be made for any exemptions granted, any classification made of persons interested in the estate and any deductions and credits allowed by the law imposing the tax.
2. Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the purposes of the gift inures to the benefit of the person bearing the relationship or receiving the gift, but if an interest is subject to a prior present interest which is not allowable as a deduction, the tax apportionable against the present interest must be paid from the principal.
3. Any deduction for property previously taxed and any credit for gift taxes or death taxes of a foreign country paid by the decedent or his estate inures to the proportionate benefit of all persons liable to apportionment.
4. Any credit for inheritance, succession or estate taxes, or taxes in the nature thereof, applicable to property or interests includable in the estate inures proportionately to the benefit of the persons or interests chargeable with the payment thereof to the extent that the credit reduces the tax.
5. To the extent that property passing to or in trust for a surviving spouse or any charitable, public or similar purpose is not an allowable deduction for purposes of the tax solely by reason of an inheritance tax or other death tax imposed upon and deductible from the property, the property must not be included in the computation provided for in section 411 of this act, and to that extent, no apportionment may be made against the property. The sentence immediately preceding does not apply to any case if the result would be to deprive the estate of a deduction otherwise allowable pursuant to section 2053(d) of the Internal Revenue Code of 1954, as amended, of the United States, relating to the deduction for state death taxes on transfers for public, charitable or religious uses.
Sec. 415 No interest in income and no estate for years or for life or other temporary interest in any property or fund is subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder is chargeable against the corpus of the property or funds subject to the temporary interest and remainder.
Sec. 416 Neither the personal representative nor other person required to pay the tax is under any duty to institute any action to recover from any person interested in the estate the amount of the tax apportioned to him until the expiration of the 3 months next following the final determination of the tax. A personal representative or other person required to pay the tax who institutes such an action within a reasonable time after the period of 3 months is not subject to any liability or surcharge because any portion of the tax apportioned to any person interested in the estate was collectible at a time following the death of the decedent but thereafter became uncollectible. If the personal representative or other person required to pay the tax cannot collect from any person interested in the estate the amount of the tax apportioned to the person, the amount not recoverable must be equitably apportioned among the other persons interested in the estate who are subject to apportionment.
Sec. 417 A personal representative acting in another state or a person required to pay the tax who is domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state or of a death duty due from the estate of the decedent to another state from a person interested in the estate who is domiciled in this state or who owns property in this state subject to attachment or execution. For the purposes of the action, the determination of apportionment by the court having jurisdiction of the administration of the estate of the decedent in the other state is prima facie correct.
Sec. 418 If the liabilities of persons interested in the estate as prescribed by this act differ from those that result under the federal estate tax law, the liabilities imposed by the federal law controls and the balance of sections 410 to 417, inclusive, of this act apply as if the resulting liabilities had been prescribed in those sections.
Sec. 419 Chapter 151 of NRS is hereby amended by adding thereto the provisions set forth as sections 420 to 429, inclusive, of this act.
Sec. 420 1. A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after the expiration of 1 year after the appointment of the original personal representative, but no petition filed pursuant to this section may be entertained until the time for presenting claims that arose before the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and to adjudicate the final settlement and distribution of the estate. After notice to all interested persons and after the hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to the distribution of the estate, and, as circumstances require, approving settlement and directing or approving the distribution of the estate and discharging the personal representative from further claim or demand of any interested person.
2. If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal proceeding to determine testacy, the court, on proper petition for an order of complete settlement of the estate filed pursuant to this section and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of an objection made by an omitted or unnotified person, evidence received in the original proceeding to determine testacy constitutes prima facie proof of the due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.
Sec. 421 A personal representative administering an estate under the terms of an informally probated will or any devisee under the terms of an informally probated will may petition for an order of settlement of the estate that will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after 1 year, after the appointment of the original personal representative, but no petition filed pursuant to this section may be entertained until the time for presenting claims that arose before the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the terms of the will and to adjudicate the final settlement and distribution of the estate. After notice to all devisees and the personal representative and after the hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to the distribution of the estate under the terms of the will, and, as circumstances require, approving the settlement and directing or approving the distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those whom he represents. If it appears that a part of the estate is intestate, the proceedings must be dismissed or amendments must be made to comply with the provisions of section 420 of this act.
Sec. 422 1. Unless prohibited by an order of the court and except for estates undergoing supervised administration, a personal representative may close an estate by filing with the court not earlier than 6 months after the date of the original appointment of a general personal representative for the estate, a verified statement stating that he or a previous personal representative has done all of the following:
(a) Determined that the time limited for the presentation of the claims of creditors has expired.
(b) Fully administered the estate of the decedent by making payment, settlement or other disposition of all claims that were presented, expenses of administration and estate, and inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled thereto. If any claims remain undischarged, the statement must state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or state in detail other arrangements that have been made to accommodate outstanding liabilities.
(c) Sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the administration by the personal representative to the distributees whose interests are affected thereby.
2. If no proceedings involving the personal representative are pending in the court 1 year after the closing statement is filed, the appointment of the personal representative terminates.
Sec. 423 After the assets of an estate have been distributed and subject to section 425 of this act, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee is liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who has failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.
Sec. 424 Unless previously barred by adjudication and except as otherwise provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for a breach of fiduciary duty are barred unless a proceeding to assert them is commenced within 6 months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation or inadequate disclosure related to the settlement of the estate of the decedent.
Sec. 425 Unless previously adjudicated in a formal proceeding to determine testacy or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee, or of a successor personal representative acting in his behalf, to recover property improperly distributed or its value from any distributee is forever barred after the later of 3 years after the death of the decedent or 1 year after the time of the distribution of the property, but all claims of creditors of the decedent are barred 1 year after the death of the decedent. This section does not bar an action to recover property or value received as a result of fraud.
Sec. 426 After his appointment has terminated, the personal representative, his sureties or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences the discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude an action against the personal representative or the surety.
Sec. 427 If other property of the estate is discovered after an estate has been settled and the personal representative has been discharged or later than 1 year after a closing statement has been filed, the court, upon petition of any interested person and upon such notice as it directs, may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this Title apply as appropriate, but no claim previously barred may be asserted in the subsequent administration.
Sec. 428 A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, as to the construction, validity or effect of any governing instrument, as to the rights or interests in the estate of the decedent or of any successor or as to the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto, including those who are unborn, whose identity cannot be ascertained or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
Sec. 429 The procedure for securing the approval of the court of a compromise is as follows:
1. The terms of the compromise must be set forth in an agreement in writing which must be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims that will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts are unknown and cannot reasonably be ascertained.
2. Any interested person, including the personal representative, if any, or a trustee, then may submit the agreement to the court for approval and for execution by the personal representative, the trustee of every affected testamentary trust and other fiduciaries and representatives.
3. After notice of all interested persons or their representatives, including the personal representative of any estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries subject to its jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate must be made in accordance with the terms of the agreement.
Sec. 430 NRS 153.020 is hereby amended to read as follows:
153.020 1. Where any trust, life estate, or estate for years has been created by or under any will to continue after distribution, the district court does not lose jurisdiction of the estate by final distribution but, except as otherwise provided in this subsection, retains jurisdiction of it to settle the accounts under the trusts, life tenancies [,] or estates for years and for the distribution of the residue to those entitled to it. The distribution may be upon petition of the trustee, his successor in interest [, or of] or any person entitled to share in the distribution. The court may transfer supervision of the trust to another court within or outside this state as provided in NRS 164.130.
2. Any trustee of any trust created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, petition for the settlement of his accounts as trustee before the district court in which the will was probated in the manner provided for the settlement of the accounts of [executors and administrators.] personal representatives.
3. The trustee shall, for that purpose, present to the court a verified petition setting forth the accounts in detail, with a report showing the condition of the trust estate and his verified statement giving names and post office addresses, if known, of the beneficiaries. Upon the filing thereof, the clerk shall fix a day for the hearing and the trustee shall give notice of the hearing . [in the manner prescribed by NRS 155.010.] The notice must set forth the name of the trust estate, the trustee [,] and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper.
4. The trustee of any trust created by a will or appointed to execute any trust created by a will shall, at the termination of the trust, petition for the settlement of his accounts as trustee in the manner provided in chapter 165 of NRS.
Sec. 431 NRS 153.040 is hereby amended to read as follows:
153.040 1. The trustee or other fiduciary may petition the court, from time to time, for instructions as to the administration of the trust.
2. Upon the filing thereof, together with a verified statement of the trustee giving the names and post office addresses, if known, of the beneficiaries and any other persons interested in the granting of the petition, the clerk shall set the hearing by the court, and the trustee shall give notice thereof . [for the period and in the manner required by NRS 155.010.
3. The trustee shall cause notice of the hearing to be mailed to the beneficiaries at their last known addresses, and to all other persons interested in the granting of the petition, if any, as provided in NRS 155.010, whether they have requested special notice or given notice of appearance or not.
4. If there be any beneficiaries or other persons interested in the granting of the petition whose post office addresses are unknown, the notice of the hearing on the petition shall be published in a daily newspaper on at least 2 different days before the hearing and at least 5 days must elapse between the last publication and the time set for hearing the petition.]
Sec. 432 NRS 153.060 is hereby amended to read as follows:
153.060 Whenever a distribution of the residue of the trust estate, estate for life [,] or estate for years to those entitled thereto [shall be] is petitioned for, notice of the hearing of the petition [shall] must be given . [for the time and in the manner provided in NRS 151.090 upon petitions for distribution.]
Sec. 433 NRS 156.080 is hereby amended to read as follows:
156.080 1. The trustee may sell any of the personal property or sell, mortgage or give a deed of trust upon any of the real property of the missing person when the court considers such an action to be in the best interest of the estate and all parties concerned, including legatees and devisees and those who would be, in case of the death of the missing person, the heirs at law. For that purpose, the trustee may file a petition with the court asking for an order authorizing such a sale, mortgage or deed of trust.
2. The clerk shall set the petition for hearing and give notice of the hearing, in the manner prescribed in [NRS 155.010, to the persons described in that] section 65 of this act and to any person demanding it pursuant to section 145 of this act, and to:
(a) Each of the persons who would be heirs at law of the missing person if he were dead; and
(b) If it appears that the missing person left a will, each legatee and devisee mentioned therein.
3. If the address of any such person is unknown, the notice must be mailed by registered or certified mail to that person at the county seat of the county in which the court is held, and the trustee shall file his affidavit showing that the address is unknown and stating what efforts he has made to learn the address.
Sec. 434 NRS 40.430 is hereby amended to read as follows:
40.430 1. Except in cases where a person proceeds [under] pursuant to subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of this section and NRS 40.433 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.
2. This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.
3. A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.
4. As used in this section, an "action" does not include any act or proceeding:
(a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.
(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.
(c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the state which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.
(d) For the recovery of damages arising from the commission of a tort, including a recovery [under] pursuant to NRS 40.750, or the recovery of any declaratory or equitable relief.
(e) For the exercise of a power of sale pursuant to NRS 107.080.
(f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.
(g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.
(h) To draw under a letter of credit.
(i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.
(j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.
(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.
(l) For filing a claim pursuant to chapter [147] 141 of NRS or to enforce such a claim which has been disallowed.
(m) Which does not include the collection of the debt or realization of the collateral securing the debt.
(n) Pursuant to NRS 40.507 or 40.508.
(o) Which is exempted from the provisions of this section by specific statute.
(p) To recover costs of suit, costs and expenses of sale, attorneys' fees and other incidental relief in connection with any action authorized by this [subsection.] section.
Sec. 435 NRS 53.045 is hereby amended to read as follows:
53.045 1. Except as otherwise provided in subsection 2, any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:
(a) If executed in this state: "I declare under penalty of perjury that the foregoing is true and correct."
Executed on
(date) (signature)
(b) If executed outside this state: "I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct."
Executed on
(date) (signature)
2. This section does not dispense with a requirement of a witness to or the authentication of a signature, or the requirements of [NRS 133.050] section 75 of this act or a similar statute.
Sec. 436 NRS 111.067 is hereby amended to read as follows:
111.067 1. No person convicted of the murder of a decedent is entitled to any part of the decedent's share of a joint tenancy [.] or of community property with right of survivorship. If there is no other joint tenant [,] or if the property is such community property, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedent's estate.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedent's estate determines, based on a preponderance of the evidence, that [he] the alleged murderer committed the murder of the decedent,
he is not entitled to any part of the decedent's share of a joint tenancy [.] or of community property with right of survivorship. If there is no other joint tenant [,] or if the property is such community property, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedent's estate.
Sec. 437 NRS 120.020 is hereby amended to read as follows:
120.020 1. A beneficiary who is 18 years of age or over and competent may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this chapter. The disclaimer must:
[1.] (a) Identify the decedent or donor;
[2.] (b) Describe the property or part thereof or interest therein disclaimed;
[3.] (c) Declare the disclaimer and the extent thereof; and
[4.] (d) Be signed by the disclaimant.
2. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to him, if the joint tenancy was created by an act of a deceased joint tenant, the survivor did not join in creating the joint tenancy and the survivor has not accepted a benefit under it.
Sec. 438 NRS 120.030 is hereby amended to read as follows:
120.030 1. A disclaimer , to be effective , must be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
[1.] Except as otherwise provided in [subsection 3,] subsections 3 and 5, a disclaimer is conclusively presumed to have been filed within a reasonable time if filed:
(a) In case of present interests created by will, within 9 months after the death of the person creating the interest.
(b) In case of interests arising from intestate succession, within 9 months after the death of the person dying intestate.
(c) In case of present interests created by inter vivos trust [,] or other nontestamentary instrument or contract, within 9 months after the interest becomes indefeasibly fixed.
(d) In other cases [,] or if the beneficiary does not know of the existence of the interest, within 9 months after the first knowledge of the interest is acquired by a person able to disclaim.
[(e)] 2. Interests resulting from the exercise or nonexercise of a testamentary or nontestamentary power of appointment shall be deemed created by the donee of the power.
[2.] 3. A disclaimer of a future interest must be filed within 9 months after the event by which the taker of the property or interest is finally ascertained and his interest is indefeasibly vested.
4. If the disclaimer is not filed within the time set forth in subsection 1 [,] or 3, the disclaimant has the burden of establishing that the disclaimer was filed within a reasonable time after he acquired knowledge of the interest.
[3.] 5. A disclaimer is conclusively presumed not to have been filed within a reasonable time after the person able to disclaim acquired knowledge of the interest if:
(a) An interest in the property which is in whole or in part sought to be disclaimed has been acquired by a purchaser or encumbrancer for value [subsequent to] after or concurrently with the creation of the interest sought to be disclaimed and before the disclaimer; and
(b) One year has elapsed from the death of the person dying intestate or creating by will the interest sought to be disclaimed, or from the date of the transfer by inter vivos gift, whether outright or in trust.
Sec. 439 NRS 120.040 is hereby amended to read as follows:
120.040 1. The disclaimer must be filed:
(a) In case of interests created by will or arising from intestate succession, with the district court in the county in which the estate of the decedent is administered, and a copy must be furnished to the personal representative of the decedent. If there is no administration, the disclaimer must be filed with the county clerk of the county in which administration would be proper.
(b) In case of interests created by an inter vivos trust, with the trustee then acting, or if there is none, with the county clerk of the county where the settlor resides, or if the settlor is dead, where he last resided.
(c) In other cases, with the person creating the interest or his successor or representative.
2. If the person having legal title to or possession of the interest disclaimed is not the person with whom the disclaimer is filed pursuant to subsection 1, a copy of the disclaimer must be delivered to him in person or mailed to him by registered or certified mail, return receipt requested.
3. A disclaimer made pursuant to this chapter which affects real property or an obligation secured by real property must be acknowledged or proved, and recorded, in the same manner as a deed of real property. The acknowledgment or proof, the recording, or the absence of any of these has the same effect as for a deed of real property. Failure to file , deliver or mail a disclaimer which is recorded pursuant to this subsection does not affect the validity of any transaction with respect to such real property or obligation secured thereby.
Sec. 440 NRS 120.060 is hereby amended to read as follows:
120.060 [Unless otherwise provided by an express reference to the possibility of a disclaimer in the will, inter vivos trust, exercise of the power of appointment, or other written instrument creating or finally determining an interest, the interest disclaimed, and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest disclaimed shall descend, go, be distributed or continue to be held as if the beneficiary disclaiming had predeceased the person creating the interest. In every case, the disclaimer relates back for all purposes to the date of the creation of the interest.]
1. If property or an interest therein devolves to a disclaimant under a testamentary instrument, under a power of appointment exercised by a testamentary instrument or under the laws of intestacy and the decedent has not provided for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the decedent, but if by law or under the testamentary instrument the descendants of the disclaimant would share in the disclaimed interest by representation or otherwise were the disclaimant to predecease the decedent, then the disclaimed interest passes by representation, or passes as directed by the governing instrument, to the descendants of the disclaimant who survive the decedent. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent. A disclaimer relates back for all purposes to the date of death of the decedent.
2. If property or an interest therein devolves to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the effective date of the instrument or contract, but if by law or under the nontestamentary instrument or contract the descendants of the disclaimant would share in the disclaimed interest by representation or otherwise were the disclaimant to predecease the effective date of the instrument or contract, then the disclaimed interest passes by representation, or passes as directed by the governing instrument, to the descendants of the disclaimant who survive the effective date of the instrument or contract. A disclaimer relates back for all purposes to that date. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the effective date of the instrument or contract that transferred the disclaimed interest.
Sec. 441 NRS 120.070 is hereby amended to read as follows:
120.070 1. A disclaimer may not be made after the beneficiary has accepted the interest to be disclaimed, but an acceptance does not preclude a beneficiary from thereafter disclaiming all or part of any interest to which he became entitled because another person disclaimed an interest, if the beneficiary had no knowledge of the interest.
2. For the purposes of this chapter, if a disclaimer has not theretofore been filed, a beneficiary has accepted an interest if [he:
(a) Makes] :
(a) He makes a voluntary assignment or transfer of, or contract to assign or transfer, the interest or any part thereof;
(b) [Executes] He executes a written waiver of the right to disclaim the interest; or
(c) [Sells or otherwise disposes] A sale or other disposition is made of the interest or any part thereof pursuant to judicial process.
Sec. 442 NRS 120.080 is hereby amended to read as follows:
120.080 The right to disclaim exists irrespective of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction [.] or any limitation on the right to disclaim contained in the instrument creating the interest to be disclaimed.
Sec. 443 NRS 123.250 is hereby amended to read as follows:
123.250 1. Upon the death of either a husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest is subject to the testamentary disposition of the decedent, in the absence thereof goes, except as otherwise provided in [NRS 134.007,] sections 378 to 382, inclusive, of this act, to the surviving spouse [,] and is the only portion subject to administration [under] pursuant to the provisions of Title 12 of NRS.
2. The provisions of this section apply to all community property, whether acquired [prior or subsequent to] before, on or after July 1, 1975.
Sec. 444 NRS 159.085 is hereby amended to read as follows:
159.085 1. Within 60 days after the date of his appointment, or, if necessary, such further time as the court may allow, a guardian of the estate shall make and file in the guardianship proceeding a verified inventory of all the property of the ward which comes to his possession or knowledge.
2. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, he shall make and file in the guardianship proceeding a verified supplemental inventory within 30 days after the property comes to his possession or knowledge or include the property in his next accounting. The court may order which of the two methods the guardian shall follow.
3. The court may order all or any part of the property of the ward appraised [as provided in NRS 144.020, 144.030, 144.070 and 144.090.] in the manner provided in section 215 of this act.
Sec. 445 NRS 159.091 is hereby amended to read as follows:
159.091 1. Upon the filing of a petition in the guardianship proceeding by the guardian, the ward or any other interested person, alleging that any person is indebted to the ward, has or is suspected of having concealed, embezzled, converted or disposed of any property of the ward or has possession or knowledge of any such property or of any writing relating to such property, the court may require [such person] him to appear and answer under oath concerning the matter . [, and proceed as provided in NRS 143.110 and 143.120.]
2. If the person is not in the county where letters have been granted, he may be cited and examined either before the district court of the county where he may be found, or before the court issuing the citation. If he appears, and is found innocent, his necessary expenses must be allowed out of the estate.
3. If the person cited refuses to appear and submit to examination or to testify touching the matter of the complaint, the court may commit him to the county jail, there to remain confined until he obeys the order of the court or is discharged according to law.
4. If, upon examination, it appears that the person has concealed, converted to his own use, smuggled, conveyed away or in any manner disposed of any money, goods or chattels of the ward or that he has in his possession or under his control any deeds, conveyances, bonds, contracts, or other writings that contain evidence of, or tend to disclose the right, title, interest or claim of the ward to any real or personal property, claim or demand, the district court may make an order requiring him to deliver any such property or effects to the executor or administrator at such time as the court may fix. If he fails to comply with the order, the court may commit him to the county jail until the order is complied with or he is discharged according to law.
5. The order of the court for the delivery of such property is prima facie evidence of the right of the guardian to the property in any action that may be brought for the recovery thereof, and any judgment recovered therein must be for double the value of the property, and damages in addition thereto equal to the value of such property.
6. In addition to the examination of the party, witnesses may be produced and examined on either side.
Sec. 446 NRS 159.115 is hereby amended to read as follows:
159.115 1. Upon the filing of any petition [under] pursuant to NRS 159.113, or any account, notice must be given [in accordance with NRS 155.010 to 155.090, inclusive.] as provided in section 65 of this act. The notice must:
(a) Give the name of the ward.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the order should not be made.
2. [At least 10 days before the day of the hearing, the] The petitioner shall cause a copy of the notice to be mailed to the following:
(a) Any minor ward over the age of 14 years.
(b) The heirs at law and next of kin, so far as known to the petitioner, of the ward.
(c) The guardian of the person of the ward, if he is not the petitioner.
(d) Any person or institution having the care, custody or control of the ward.
(e) Any office of the Department of Veterans Affairs in this state if the ward is receiving any payments or benefits through the Department of Veterans Affairs.
(f) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts must be mailed to that person or his attorney.
Sec. 447 NRS 159.134 is hereby amended to read as follows:
159.134 All sales of real or personal property of a ward [must be made in the same manner as the property of the estate of a decedent is sold under NRS 148.060 and 148.080 to 148.400, inclusive.] are subject to the same restrictions as are provided in section 221 of this act for sales to a personal representative.
Sec. 448 NRS 159.179 is hereby amended to read as follows:
159.179 1. Each account made and filed by a guardian of the estate or special guardian who is authorized to manage the [ward's property shall] property of the ward must include the following information:
(a) The period [of time] covered by the account.
(b) All cash receipts and disbursements during the period covered by the account.
(c) All claims filed and the action taken thereon.
(d) Any changes in the [ward's property due to] property of the ward resulting from sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the [ward's property] holdings of the ward as reported in the original inventory or the preceding account.
(e) Such other information as the guardian considers necessary to show the condition of the affairs of the ward.
2. If the account is for the estates of two or more wards , it must show the interest of each ward in the receipts, disbursements and property.
3. Receipts or vouchers for all expenditures must be filed with the account or produced at the hearing, unless excused by law or by the court. The court may dispense with the necessity of filing receipts or vouchers [under the same circumstances provided for in NRS 150.150.] if the guardian is a corporation, the account is supported by the report or testimony of a previously approved accountant or other good cause is shown.
Sec. 449 NRS 159.197 is hereby amended to read as follows:
159.197 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the [ward's] property of the ward to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the [deceased ward's] property of the deceased ward in the same manner as authorized by [NRS 146.070,] sections 282 and 283 of this act if the gross value of the property, less encumbrances, remaining in the hands of the guardian does not exceed $25,000, or as authorized by [NRS 146.080,] sections 280 and 281 of this act if the gross value of the property remaining in the hands of the guardian does not exceed $10,000.
Sec. 450 NRS 164.025 is hereby amended to read as follows:
164.025 1. The trustee of a nontestamentary trust may , after the death of the settlor of the trust [cause to be published a] , mail and publish notice in the manner specified in [paragraph (b) of subsection 1 of NRS 155.020.] section 65 of this act.
2. If notice is [so] published, it must be in substantially the following form:
Notice to Creditors
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. .................., the settlor of that trust died on ................. A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated
Trustee
Address
3. Any claim against the trust estate not filed within 90 days after the later of mailing notice to known creditors or first publication of notice is forever barred. After 90 days , [from the first publication of the notice,] the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
4. If the trustee knows or has reason to believe that the settlor received public assistance during his lifetime, the trustee shall, whether or not he gives notice to other creditors, give notice within 30 days after the death to the welfare division of the department of human resources by certified mail, return receipt requested, postage prepaid. If notice to the welfare division is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the welfare division to recover public assistance received.
Sec. 451 NRS 253.020 is hereby amended to read as follows:
253.020 1. Every person elected to fill the office of public administrator must qualify as required in this section on or before the first Monday of January next after his election.
2. Every public administrator shall:
(a) Take the constitutional official oath, which is for the faithful performance of the duties of his office [,] and which must be taken and subscribed upon both the certificate of election or appointment and the official bond. The oath upon the bond must be recorded with the bond.
(b) Give an official bond in an amount not less than $10,000, as required and fixed by the board of county commissioners of his county by an order entered in the minutes of the board, unless a blanket fidelity bond is furnished by the county. The bond must be conditioned, secured, approved and recorded as the bonds of other county officers are, or may be required by law to be, and must be so conditioned as to hold the principal and sureties liable for any breach thereof made by the public administrator while acting or illegally refusing to act in his official capacity.
3. The official bond and oath of office of a public administrator are in lieu of the bonds and oaths required of private administrators. The court may require the public administrator to execute a separate bond or give security for any estate in the manner prescribed in [NRS 142.020.] sections 193 and 195 of this act.
4. The board of county commissioners may, upon reasonable cause therefor shown, require a new bond or an additional bond at any time, to be given upon 10 days' notice in writing. If the new or additional bond is not given, the board shall declare the office vacant.
Sec. 452 NRS 253.0403 is hereby amended to read as follows:
253.0403 1. When the gross value of a decedent's property situated in this state does not exceed $2,500, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his right to do so.
2. The affidavit must provide:
(a) The public administrator's name and address, and his attestation that he is entitled by law to administer the estate;
(b) The decedent's place of residence at the time of his death;
(c) That the gross value of the decedent's property in this state does not exceed $2,500;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this state;
(f) A description of the personal property of the decedent;
(g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;
(h) If heirs or next of kin are known to the affiant, a description of the method of service he used to provide to each of them notice of the affidavit and a statement that at least 10 days have elapsed since the notice was provided;
(i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and
(j) The name of each person to whom the affiant intends to distribute the decedent's property.
3. Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedent's heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, he shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.
4. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in [NRS 150.220.] section 252 of this act.
(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property he holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.
5. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon [such] that information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.
6. Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
Sec. 453 NRS 360.480 is hereby amended to read as follows:
360.480 1. The amounts, including interest and penalties, required to be paid by any person [under] pursuant to this Title [shall] must be satisfied first in any of the following cases:
(a) Whenever the person is insolvent.
(b) Whenever the person makes a voluntary assignment of his assets.
(c) Whenever the estate of the person in the hands of executors, administrators or heirs, [prior to] before distribution, is insufficient to pay all the debts due from the deceased.
(d) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the state a preference over:
(a) Any recorded lien which attached [prior to] before the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, homestead allowance, exempt property, family allowances or debts preferred under federal law or wages [as provided in NRS 150.220.] owed by the taxpayer.
Sec. 454 NRS 645C.150 is hereby amended to read as follows:
645C.150 The provisions of this chapter do not apply to:
1. A federal or state employee, or an employee of a local government, who prepares or communicates an appraisal as part of his official duties, unless a license or certificate is required as a condition of his employment.
2. A person appointed to evaluate real estate pursuant to [chapter 152 of NRS or] NRS 269.125, except as required by the appointing judge.
3. A board of appraisers acting pursuant to NRS 269.135 [.] , or an appraiser employed to evaluate real estate by a personal representative pursuant to section 215 of this act.
4. A person licensed pursuant to chapter 645 or 684A of NRS while he is performing an act within the scope of his license.
5. A person who makes an evaluation of real estate as an incidental part of his employment for which no special compensation is provided, if that evaluation is only provided to his employer for internal use within the place of his employment.
Sec. 455 NRS 100.085, 133.010, 133.020, 133.030, 133.040, 133.045, 133.050, 133.060, 133.070, 133.080, 133.090, 133.100, 133.105, 133.110, 133.115, 133.120, 133.130, 133.140, 133.150, 133.160, 133.170, 133.180, 133.190, 133.200, 133.210, 133.220, 134.007, 134.030, 134.040, 134.050, 134.060, 134.070, 134.080, 134.090, 134.100, 134.110, 134.120, 134.140, 134.150, 134.160, 134.190, 134.200, 134.210, 135.010, 135.020, 135.030, 135.040, 135.050, 135.060, 135.070, 135.080, 135.090, 136.010, 136.050, 136.060, 136.070, 136.080, 136.090, 136.100, 136.120, 136.130, 136.140, 136.150, 136.160, 136.170, 136.180, 136.190, 136.200, 136.210, 136.220, 136.230, 136.240, 136.250, 136.260, 136.270, 137.010, 137.020, 137.030, 137.040, 137.050, 137.060, 137.070, 137.080, 137.090, 137.100, 137.110, 137.120, 137.130, 138.010, 138.020, 138.030, 138.040, 138.045, 138.050, 138.060, 138.070, 138.080, 138.090, 139.010, 139.020, 139.030, 139.040, 139.050, 139.060, 139.070, 139.080, 139.090, 139.100, 139.110, 139.120, 139.130, 139.140, 139.150, 139.160, 139.170, 140.010, 140.020, 140.030, 140.040, 140.050, 140.060, 140.070, 140.080, 141.010, 141.020, 141.030, 141.040, 141.050, 141.060, 141.070, 141.080, 141.090, 141.100, 141.110, 141.120, 141.130, 141.140, 141.150, 142.010, 142.020, 142.030, 142.035, 142.040, 142.050, 142.060, 142.070, 142.080, 142.090, 142.100, 142.110, 142.120, 142.130, 142.140, 142.150, 143.010, 143.020, 143.030, 143.035, 143.040, 143.050, 143.060, 143.070, 143.080, 143.090, 143.100, 143.110, 143.120, 143.130, 143.140, 143.150, 143.160, 143.170, 143.175, 143.180, 143.185, 143.187, 143.190, 143.200, 143.210, 144.010, 144.020, 144.030, 144.040, 144.050, 144.060, 144.070, 144.080, 144.090, 145.010, 145.020, 145.030, 145.040, 145.050, 145.060, 145.070, 145.080, 146.010, 146.020, 146.030, 146.040, 146.050, 146.070, 146.080, 147.010, 147.020, 147.030, 147.040, 147.050, 147.060, 147.070, 147.080, 147.090, 147.100, 147.110, 147.120, 147.130, 147.140, 147.150, 147.160, 147.170, 147.180, 147.190, 147.200, 147.210, 147.220, 147.230, 148.010, 148.020, 148.030, 148.040, 148.050, 148.060, 148.070, 148.080, 148.090, 148.100, 148.110, 148.120, 148.130, 148.140, 148.150, 148.160, 148.170, 148.180, 148.190, 148.200, 148.210, 148.220, 148.230, 148.240, 148.260, 148.270, 148.280, 148.290, 148.300, 148.310, 148.320, 148.330, 148.340, 148.350, 148.360, 148.370, 148.380, 148.390, 148.400, 149.010, 149.020, 149.030, 149.040, 149.050, 149.060, 149.070, 149.080, 149.090, 149.100, 149.110, 149.120, 149.130, 149.140, 149.150, 150.010, 150.020, 150.030, 150.040, 150.050, 150.060, 150.070, 150.080, 150.090, 150.100, 150.110, 150.120, 150.130, 150.140, 150.150, 150.160, 150.170, 150.180, 150.190, 150.200, 150.210, 150.220, 150.230, 150.235, 150.240, 150.250, 150.260, 150.270, 150.280, 150.290, 150.300, 150.310, 150.320, 150.330, 150.340, 150.350, 150.360, 150.370, 150.380, 150.390, 151.010, 151.020, 151.030, 151.040, 151.050, 151.060, 151.070, 151.080, 151.090, 151.100, 151.110, 151.120, 151.130, 151.140, 151.150, 151.160, 151.170, 151.180, 151.190, 151.200, 151.210, 151.220, 151.230, 151.240, 151.250, 151.260, 152.010, 152.020, 152.030, 152.040, 152.050, 152.060, 152.070, 152.080, 152.090, 152.100, 152.110, 152.120, 152.130, 152.140, 152.150, 152.160, 152.170, 155.010, 155.020, 155.030, 155.040, 155.050, 155.060, 155.070, 155.080, 155.090, 155.100, 155.110, 155.120, 155.130, 155.140, 155.150, 155.160, 155.170, 155.180, 155.190, 155.200, 155.210 and 155.220 are hereby repealed.
Sec. 456 This act becomes effective on January 1, 1998.
LEADLINES OF REPEALED SECTIONS
100.085 Deposits in names of two or more persons.
133.010 "Will" includes "codicil."
133.020 Sound mind; age.
133.030 Wills of married women: Disposition of separate and community property.
133.040 Valid wills: Requirements of writing, subscription, witnesses and attestation.
133.045 Disposition of certain tangible personal property by reference to list or statement; requirements.
133.050 Attesting witnesses may make self-proving affidavits to be attached to will.
133.060 Devise to subscribing witness.
133.070 Creditors as witnesses.
133.080 Foreign execution.
133.090 Holographic will.
133.100 Nuncupative will.
133.105 Transfer of security issued in registered form is effective without compliance with formal requirements of chapter.
133.110 Revocation by marriage: As to the spouse.
133.115 Revocation of provisions in favor of former spouse on divorce or annulment; exceptions.
133.120 Other means of revocation.
133.130 Effect of revocation of subsequent will.
133.140 Property passing by will: Agreements of testator.
133.150 Property passing by will: Mortgages or encumbrances by testator.
133.160 Rights of children born after making of parent's will.
133.170 Rights of children and grandchildren; omission presumed intentional.
133.180 Sources of unmentioned child's share.
133.190 Effect of advancements.
133.200 Death of devisee.
133.210 Devise of land.
133.220 Interests acquired after execution of will.
134.007 Murderer ineligible to succeed to community or separate property of decedent.
134.030 Descent and distribution.
134.040 Surviving spouse and issue.
134.050 Surviving spouse and no issue.
134.060 No surviving spouse or issue.
134.070 No surviving spouse and no issue or immediate family.
134.080 Minor unmarried decedent.
134.090 No surviving spouse but issue.
134.100 No surviving spouse but issue and children of issue.
134.110 No surviving spouse or issue but children of issue.
134.120 Escheat.
134.140 "Right of representation" defined.
134.150 Degree of kindred.
134.160 Kindred of the half blood.
134.190 Adopted child.
134.200 Vesting of wife's estate when husband dies intestate.
134.210 Vesting of husband's estate when wife dies intestate.
135.010 Short title.
135.020 No sufficient evidence of survivorship.
135.030 Beneficiaries of another person's disposition of property.
135.040 Joint tenants or tenants by the entirety.
135.050 Insurance policies.
135.060 Community property.
135.070 Chapter not retroactive.
135.080 Chapter does not apply if decedent provides otherwise.
135.090 Uniformity of interpretation.
136.010 Resident decedent; nonresident decedent.
136.050 Delivery of will after death; liability for nondelivery.
136.060 Order to produce will; penalty for refusal.
136.070 Who may petition for probate.
136.080 Nuncupative will: Period of limitation.
136.090 Petition for probate: Requirements; effect of defect.
136.100 Petition for probate: Clerk to set for hearing; notice of hearing.
136.120 Issuance and service of citation when petition presented by other than executor or only one of several executors.
136.130 Attesting witnesses to will subpoenaed; unnecessary where self-proving affidavits.
136.140 Proof of notice; witnesses to testify orally.
136.150 Evidence of subscribing witnesses: Affidavits ex parte.
136.160 Proof of will by affidavits of attesting witnesses.
136.170 Proof of will when subscribing witnesses are unavailable.
136.180 Proof of will by copy.
136.190 Proof of holographic will.
136.200 Attorney may be appointed to represent minors or nonresidents; retention of other counsel.
136.210 Translation and recording of will in foreign language.
136.220 Certified copy of record of will and decree admitting to probate admissible in evidence.
136.230 Jurisdiction of court to take proof of execution and validity of lost or destroyed will.
136.240 Petition for probate; testimony of witnesses; order.
136.250 Restraint of administration pending petition.
136.260 Probate of foreign wills: Procedure.
136.270 Notice of hearing of petition for probate of foreign will.
137.010 Proceedings preliminary to trial.
137.020 Trial of contest: Jury; costs.
137.030 Admissibility of declarations of testator.
137.040 Evidence of execution.
137.050 Verdict and judgment.
137.060 Decree admitting will to probate; recording of will and decree.
137.070 Perpetuation of testimony.
137.080 Who may contest will; filing of petition.
137.090 Issue of citation.
137.100 Service of citation; trial; revocation of letters.
137.110 Costs.
137.120 Period of limitation.
137.130 Probate of other will.
138.010 Powers of executor before issuance of letters.
138.020 Who may serve as executor; letters with will annexed.
138.030 Married woman may be appointed as executrix.
138.040 Executor not specifically named may be appointed.
138.045 Appointment of substitute executors and coexecutors.
138.050 Successor to corporate executor.
138.060 Objections to appointment.
138.070 Executor of an executor.
138.080 Failure to appoint all named executors.
138.090 Administrators with will annexed: Order of appointment.
139.010 Qualifications.
139.020 Married woman as administratrix.
139.030 Surviving partner.
139.040 Order of priority of right to letters; priority of nominee.
139.050 Nomination.
139.060 Relatives of whole blood preferred to those of half blood.
139.070 Discretion of the court.
139.080 Failure to claim letters.
139.090 Contents of petition; effect of defect.
139.100 Clerk to set petition for hearing; notice of hearing.
139.110 Right of contest: Filing of counterpetition; notice and hearing.
139.120 Facts to be proved.
139.130 Minute entry or written order conclusive evidence of notice.
139.140 Prior claimants for letters.
139.150 Procedure.
139.160 Assertion of prior right.
139.170 Discretion of court.
140.010 Causes for appointment.
140.020 Notice and order of appointment; order not appealable.
140.030 Bond, oath and issuance of letters.
140.040 Powers and duties.
140.050 Payment of interest on secured property.
140.060 Appointment pending contest of will or appeal from order; powers; bond.
140.070 Effect of grant of letters testamentary or letters of administration.
140.080 Account of special administrator.
141.010 Signing and sealing.
141.020 Letters testamentary.
141.030 Letters of administration with will annexed.
141.040 Letters of general or special administration.
141.050 Effect of subsequent probate.
141.060 Incapacity of joint executors or administrators.
141.070 Incapacity of all executors or administrators.
141.080 Resignation: Procedure.
141.090 Suspension: Causes.
141.100 Special administrator may be appointed during suspension of executor or administrator.
141.110 Executor or administrator cited to show cause after suspension; service of citation.
141.120 Interested person may file charges for removal.
141.130 Proceedings at hearing.
141.140 Acts of executor or administrator before revocation.
141.150 Appointment of successor executor or administrator: Death and residence of deceased need not be proved again.
142.010 Oath of executor or administrator.
142.020 Requirement of bond discretionary with court; exceptions; amount required; reduction of bond when assets deposited with bank or trust company.
142.030 Nature of surety's liability: Extent of bond.
142.035Jurisdiction of court over surety; clerk of court appointed as agent of surety; enforcement of liability of surety.
142.040 Sureties; entry of bond in register.
142.050 Justification of sureties; additional security.
142.060 Appointment of person next in order.
142.070 Bond may be required despite provisions of will.
142.080 Interested person may petition court for further security; judge may require additional security.
142.090 Hearing on sufficiency: Issuance and service of citation; order.
142.100 Appointment of person next in order.
142.110 Suspension of powers pending hearing.
142.120 District judge may cite executor or administrator to show cause for further security.
142.130 Surety's application for discharge: Issuance of citation; service.
142.140 Revocation for failure to give new sureties.
142.150 Discharge of sureties.
143.010 Absent executors: Authority of those remaining.
143.020 Right to possession of decedent's property.
143.030 Executor or administrator to take possession of estate and collect debts.
143.035 Executor or administrator to use reasonable diligence; report required if estate not closed within certain times; hearing and determinations by court.
143.040 Rights of surviving partner.
143.050 Continuing business of decedent.
143.060 Extent of power to sue and be sued.
143.070 Actions by executor or administrator for conversion or trespass.
143.080 Actions against executor or administrator for conversion or trespass of decedent.
143.090 Actions on bond of former executor or administrator.
143.100 Action for conversion before letters granted.
143.110 Procedure when conversion alleged: Citation; examination; allowance of necessary expenses.
143.120 Commitment for refusal to appear for examination; order requiring delivery of property to executor or administrator.
143.130 Accounting by person holding assets of estate for executor or administrator; penalty for refusal to comply with order.
143.140 Discharging debtor of estate, compromising claims and renewing obligations: Procedure.
143.150 Actions to recover fraudulently conveyed property.
143.160 Costs; disposal of property recovered; proceeds.
143.170 Purchase by executor of property of estate prohibited.
143.175 Executors and administrators authorized to make certain deposits and investments of estate's money without approval of court.
143.180 Executors and administrators authorized to make loans, advances of credit and other investments insured by Federal Housing Administrator.
143.185 Executors and administrators authorized to invest in farm loan bonds and other obligations issued by federal land banks and banks for cooperatives.
143.187 Executors and administrators authorized to hold stock in name of nominee; conditions; personal liability of executor or administrator.
143.190 Cumulative method of service of process on executor or administrator; written statement containing permanent address of executor or administrator to be filed with clerk.
143.200 Actions not to abate on death or removal of executor or administrator; substitution of successor.
143.210 Necessary parties to actions.
144.010 Inventory and appraisement or record of value to be made and returned.
144.020 Appraisers: When appointment authorized; compensation; record of value in lieu of appraisement.
144.030 Appraiser's oath; form of appraisement; purchase by appraiser without disclosure prohibited; penalties.
144.040 Inventory: Contents.
144.050 Claims against executor.
144.060 Status of bequest of claim against executor.
144.070 Inventory signed by appraiser; oath of executor or administrator endorsed on inventory.
144.080 Failure to file inventory: Revocation of letters and liability on bond.
144.090 Supplemental inventory of newly discovered property.
145.010 Application of chapter.
145.020 Contents of petition seeking summary administration.
145.030 Notices required.
145.040 When summary administration may be ordered.
145.050 Regular proceedings and notices dispensed with; exceptions.
145.060 Creditors' claims: Filing, approval and payment; procedure if claim of department of human resources rejected.
145.070 Sales of real property: Notice and procedure.
145.080 Distribution and discharge.
146.010 Surviving spouse and minor children entitled to homestead and provisions.
146.020 After return of inventory, judge may set apart homestead and exempt personal property.
146.030 Family allowance from estate if property set apart is insufficient; where persons have other support.
146.040 Preference of family allowance.
146.050 Vesting of homestead; debts of spouse.
146.070 Estates not exceeding $25,000: Petition; notice; court and clerk's fees; distribution of minor's interest to parent or guardian.
146.080 Estates not exceeding $10,000: Transfer of assets without issuance of letters or probate of will; affidavit showing right to assets.
147.010 Notice to creditors.
147.020 Death, resignation or removal of executor or administrator after expiration of time for notice: No further notice necessary.
147.030 Filing of notice and affidavit of publication or proof of mailing.
147.040 Claims: Limit on time for filing.
147.050 Claims of executor or administrator.
147.060 Claims of district judge.
147.070 Claims for $250 or more must be supported by affidavit; correction or amendment of defective claim or affidavit.
147.080 Claim founded on written instrument or secured by lien.
147.090 Effect of statute of limitations.
147.100 Pending actions.
147.110 Examination of claims by executor or administrator: Allowance or rejection; effect of failure to act on claims.
147.120 Status of allowed claims.
147.130 Rejection of claim; notice; time to file suit; procedure if claim of department of human resources rejected; service of summons; removal of executor or administrator for default.
147.140 Vacancy in administration.
147.150 Claims must be filed; exception for mortgage or lien.
147.160 Partial allowance of claim.
147.170 Reference of controversy.
147.180 Compromise of claim or suit against estate: Petition; notice of hearing; execution of conveyances.
147.190 Reimbursement for costs.
147.200 Status of judgment against estate.
147.210 Death after entry of judgment: Execution.
147.220 Interest on claims.
147.230 Executor or administrator not chargeable with debts of estate except under written agreement.
148.010 Order of resort to assets for payment of debts or expenses.
148.020 Order of resort for payment of legacies.
148.030 Order of abatement of legacies.
148.040 Contribution between devisees and legatees.
148.050 Sale of property.
148.060 Order of confirmation of sale: Notice.
148.070 Written objection: Hearing; proof of notice.
148.080 Sales under direction of will.
148.090 Petition for order requiring sale.
148.100 Neglect or misconduct of executor or administrator.
148.110 Contracts to find purchaser of real property: Limitation on commission.
148.120 Division of commission upon confirmation of highest bid.
148.130 Sale of real or personal property subject to lien.
148.140 Disposition of proceeds of sale.
148.150 Right of holder of lien on property to purchase it; receipt as payment pro tanto.
148.160 Equity of estate in property may be sold: Procedure.
148.170 Perishable and depreciating property.
148.180 Sale of stocks and bonds: Necessity for confirmation; petition, hearing and order.
148.190 Sale of other personal property.
148.200 Terms of sale: Cash or credit.
148.210 Interests in partnerships.
148.220 Notice of sale: Publication; posting; description of property.
148.230 Public auction; postponement of sale.
148.240 Private sale.
148.260 Confirmation of sale: New appraisement.
148.270 Showing on hearing; higher offer.
148.280 Conveyances after confirmation of sale.
148.290 Sale on credit.
148.300 Failure of purchaser to complete sale.
148.310 Fraudulent sale: Penalty.
148.320 Periods of limitation.
148.330 Method of sale.
148.340 Sale subject to claims; bond of purchaser.
148.350 Assignment after confirmation.
148.360 Petition for sale: Notice.
148.370 Hearing; order authorizing sale.
148.380 Additional bond of executor or administrator; option to purchase.
148.390 Failure to comply with option.
148.400 Procedure after compliance with option.
149.010 Authorization to borrow; purposes warranting borrowing; joint borrowing.
149.020 Petition.
149.030 Hearing and order.
149.040 Execution of instruments.
149.050 Effect of proceedings under NRS 149.010 to 149.050, inclusive.
149.060 Authorization to lease.
149.070 Petition.
149.080 Hearing on petition; order authorizing lease; terms of lease; recordation of copy of order.
149.090 Execution of lease; effect of proceedings.
149.100 Lease without court order.
149.110 Authorization of conveyance.
149.120 Petition and notice.
149.130 Hearing and order.
149.140 Effect of decree; execution of conveyance.
149.150 Authorization to exchange: Petition; notice.
150.010 Expenses and compensation of executor or administrator.
150.020 Commissions; additional allowances.
150.030 Commissions for extraordinary services.
150.040 Contracts for higher compensation void.
150.050 Allowance on commissions.
150.060 Attorneys for executors, administrators, minors and absent heirs.
150.070 Liability of executor or administrator.
150.080 Accounting: When required by court.
150.090 First account: Filing and contents.
150.100 Penalties for failure to file first account.
150.110 Final account: Filing; penalties for failure to file.
150.120 Accounting when authority of executor or administrator ceases.
150.130 Accounts of deceased or incompetent executor or administrator: Accounting by personal representative, guardian or attorney.
150.140 Revocation of letters when executor or administrator absconds and fails to account.
150.150 Vouchers for payments; lost vouchers; when vouchers unnecessary.
150.160 Notice of rendering account.
150.170 Hearing.
150.180 Appointment of attorney to represent minors and absent heirs; contest of accounts; fees.
150.190 Proof of notice necessary before allowance of account.
150.200 Allowance and confirmation of account.
150.210 Effect of order settling account.
150.220 Debts and charges: Order of payment.
150.230 Payment of debts, charges, funeral expenses and expenses of last sickness.
150.235 Payment of debts, expenses and charges from income from property which will comprise trust estate after distribution.
150.240 Order of payment.
150.250 Contingent or disputed claims; claims not yet due.
150.260 Liability of executor or administrator.
150.270 When claim not included in order of payment.
150.280 Closing administration.
150.290 Short title.
150.300 Definitions.
150.310 Proration of tax among persons interested in estate; exceptions.
150.320 Direction for apportionment of estate tax: Precedence; limitation.
150.330 Jurisdiction of court; methods of proration.
150.340 Present and future estates: Charge of tax against corpus without apportionment.
150.350 Property not possessed by representative: Recovery by executor or administrator from person interested or in possession; power of court to direct payment.
150.360 Court order directing amounts of tax to be charged against or paid by takers of estate.
150.370 Retention of jurisdiction by court.
150.380 Apportionment of tax and expenses imposed and incurred on property located or administered in this state in estate of nonresident.
150.390 Applicability of provisions.
151.010 Petition for partial distribution; bond.
151.020 Notice of hearing.
151.030 Contest of petition.
151.040 Order for distribution: Prerequisites to order; bond.
151.050 Order of repayment: Action on bond or against distributee when no bond given.
151.060 Partition when partial distribution ordered.
151.070 Costs.
151.080 Petition for final distribution.
151.090 Notice of hearing of petition.
151.100 Accounting upon final distribution.
151.110 Decree and distribution; recording of copy of decree with county recorder.
151.120 When gift before death not deemed advancement.
151.130 Where advancements made: Computation of heirs' shares.
151.140 Value of property advanced.
151.150 Predeceased heir.
151.160 Determination of questions as to advancements.
151.170 Payments to county treasurer for person who cannot be found, minor or incompetent without a guardian, and others.
151.180 Distribution to guardians of nonresident minors and incompetents.
151.190 Sale of unclaimed personal property; disposition of proceeds.
151.200 Annual account: Contents.
151.210 Claim for money paid into treasury: Certification of court; drawing of warrant.
151.220 Specific legacy for life only.
151.230 Decree of discharge.
151.240 Subsequent administration; limitation on reopening estate.
151.250 Petition.
151.260 Supplemental orders or decrees.
152.010 Petition for partition.
152.020 Partition authorized even though interests conveyed or assigned.
152.030 Contents of petition; contents and service of citation.
152.040 Appointment of guardians and attorneys before partition.
152.050 Commissioners for partition: Appointment; warrant; oath; qualifications.
152.060 Commissioners may be appointed for each county if real property in different counties.
152.070 Notice of time for partition.
152.080 Commissioners may take testimony.
152.090 Shares set out in proportion to rights; common or undivided shares.
152.100 Procedure when value of property to be divided greater than either party's share.
152.110 Sale of property when it cannot be divided fairly: Rules of sale.
152.120 Severance of common and undivided real property held by heirs and another person: Procedure.
152.130 Commissioners may set off quality against quantity to make shares of equal value.
152.140 Commissioners' report; exceptions may be filed; hearing on report and exceptions; decree of confirmation.
152.150 Procedure when real property cannot be partitioned; special commissioners or appraisers.
152.160 Apportionment of expenses; attorney's fees.
152.170 Effect of allotment by court: When appealable.
155.010 Mode of giving notice unless otherwise specified by statute; notice to certain persons required; proof.
155.020 Method and form for notices.
155.030 Request for special notice.
155.040 Personal notice by citation.
155.050 Service of citation.
155.060 Time for service of citation.
155.070 Number of publications; extension or shortening of time.
155.080 Methods of proving publication or service of notice.
155.090 Clerk may give notices without court order.
155.100 Entry of minutes by clerk.
155.110 Transcript of minutes or copy of orders has same force as letters testamentary or letters of administration.
155.120 Recordation of order setting apart homestead.
155.130 Proceedings concerning estate are proceedings of record.
155.140 Appointed attorney to represent minors and others in proceedings.
155.150 Issues of fact and questions of costs.
155.160 Objections to proceedings may be filed with clerk when court not in session.
155.170 Depositions of absent witnesses.
155.180 Applicability of law and rules regulating civil actions in estate matters.
155.190 Appealable orders or decrees.
155.200 No undertaking on appeal required of executor or administrator.
155.210 Power of supreme court on appeal.
155.220 Reversal of order or decree appointing executor or administrator.
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