SUMMARY--Eliminates certain fees charged by courts and county clerks for services related to administration of small estates. (BDR 2-46)
FISCAL NOTE: Effect on Local Government: Yes.
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 estates; eliminating certain fees charged by courts and county clerks for services related to the administration of small estates; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 19.013 is hereby amended to read as follows:
19.013 1. Each county clerk shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer $56
On an appeal to the district court of any case from a justice's court or a municipal court, or on the transfer of any case from a justice's court or a municipal court 42
On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than [$1,000] $2,500 72
Where the stated value of the estate is [$1,000] $2,500 or less, no fee may be charged or collected.
On the filing of a petition to contest any will or codicil, to be paid by the petitioner 44
On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter 44
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them 44
For filing a notice of appeal 24
For issuing a transcript of judgment and certifying thereto 3
For preparing any copy of any record, proceeding or paper, for each page 1
For each certificate of the clerk, under the seal of the court 3
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate 5
For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity 15
For issuing any certificate under seal, not otherwise provided for 6
For searching records or files in his office, for each year 1
For filing and recording a bond of a notary public, per name 15
For entering the name of a firm or corporation in the register of the county clerk 15
2. All fees prescribed in this section are payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee may be charged any attorney at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 2. NRS 146.070 is hereby amended to read as follows:
146.070 1. When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed $25,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2. When there is no surviving spouse or minor child of the deceased and the gross value of a decedent's estate, after deducting any encumbrances, does not exceed $25,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent, and creditors, if there are any; and
Second: Any balance remaining to the claimant or claimants entitled thereto.
3. All proceedings taken under this section, whether or not the decedent left a will, must be originated by a verified petition containing:
(a) A specific description of all of the decedent's property.
(b) A list of all the liens [,] and encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names, ages and residences of the decedent's heirs, devisees and legatees.
The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed $25,000, the estate be set aside as provided in this section.
4. The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent's heirs, devisees and legatees and to the welfare division of the department of human resources. The notice must include a statement that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.
5. No court or clerk's fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding [$1,000] $2,500 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $25,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. This act becomes effective on July 1, 1997.