NRS: CHAPTER 155 - NOTICES, TRANSFERS, ORDERS, PROCEDURE AND APPEALS

[Rev. 6/29/2024 3:06:43 PM--2023]

CHAPTER 155 - NOTICES, TRANSFERS, ORDERS, PROCEDURE AND APPEALS

GENERAL PROVISIONS

NOTICES

NRS 155.010 Method of giving notice; notice to certain persons required; court may dispense with notice; proof; waiver of notice.

NRS 155.020 Method and form for notices.

NRS 155.030 Request for special notice: Filing by interested person after issuance of letters; filing by interested person in testamentary trust; effect of substitution or withdrawal of counsel.

NRS 155.040 Personal notice by citation.

NRS 155.050 Service of citation.

NRS 155.060 Time for service of citation.

NRS 155.070 Number of publications; extension or shortening of time.

NRS 155.080 Methods of proving publication or service of notice.

NRS 155.090 Clerk may give notices and certain citations without court order.

TRANSFERS

NRS 155.093 Definitions.

NRS 155.0935 “Caregiver” defined.

NRS 155.0937 “Dependent adult” defined.

NRS 155.0939 “Health and social services” defined.

NRS 155.094 “Independent attorney” defined.

NRS 155.0945 “Related to, affiliated with or subordinate to any person” defined.

NRS 155.0955 “Transfer instrument” defined.

NRS 155.096 “Transferee” defined.

NRS 155.0965 “Transferor” defined.

NRS 155.0967 Jurisdiction over assets of estate or trust of decedent; jurisdiction over certain persons; sanctions.

NRS 155.097 Validity; circumstances in which transfer is presumed void; rebuttable presumption; exceptions.

NRS 155.0975 Exceptions to presumption that certain transfers are void.

NRS 155.098 Common law.

ORDERS

NRS 155.100 Entry of minutes by clerk.

NRS 155.110 Transcripts of minutes or copies of order and certificate of clerk have same force as letters.

NRS 155.120 Recordation of order setting apart homestead.

NRS 155.123 Temporary restraining orders or injunctions issued to protect assets of estate or trust.

NRS 155.127 Order nunc pro tunc to correct previous order: Issuance; form; use of original order; manner of correction.

PROCEDURE

NRS 155.130 Proceedings concerning estate are proceedings of record.

NRS 155.140 General rules: Contents of pleading; effect of certain orders binding persons; notices; appointment of guardian ad litem or attorney; attorney’s fees and costs.

NRS 155.150 Issues of fact and questions of costs.

NRS 155.160 Responses and objections to proceedings.

NRS 155.165 Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances.

NRS 155.170 Civil procedure.

NRS 155.180 Applicability of laws and rules regulating civil actions and appeals.

NRS 155.185 Facsimile of petitions, notices, objections and other papers may be filed.

APPEALS

NRS 155.190 Appealable orders.

NRS 155.195 Effect of appeal of order.

NRS 155.200 No undertaking on appeal required of personal representative.

NRS 155.210 Power of appellate court on appeal.

NRS 155.220 Reversal of order appointing personal representative.

_________

GENERAL PROVISIONS

NRS 155.005 Enlargement. Notwithstanding any provision in this title, if an act is authorized or required to be performed at or within a specified period pursuant to this chapter:

1. The period may be extended upon the agreement of all interested persons, by written stipulation of counsel filed in the action; or

2. The court, for good cause shown, may at any time:

(a) Regardless of whether there has been a motion, petition or notice, order that the period be extended if a request for the extension is made before the expiration of the specified period as originally prescribed or as extended by a previous order; or

(b) Upon a motion made after the expiration of the specified period, authorize a person to perform the act if the failure to perform the act in a timely manner was the result of excusable neglect.

(Added to NRS by 2017, 1685)

NOTICES

NRS 155.010 Method of giving notice; notice to certain persons required; court may dispense with notice; proof; waiver of notice.

1. Except as otherwise provided in this section or a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, a petitioner shall cause notice of the time and place of the hearing of a petition to be given to each interested person and to every other person entitled to notice pursuant to this title or his or her attorney if the person has appeared by attorney or requested that notice be sent to his or her attorney. Notice must be given:

(a) By mailing a copy thereof at least 10 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 the person’s demand for notice, if any, or at his or her office or place of residence, if known, or by personally delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing;

(b) By submitting a copy thereof through an electronic filing system, if the court establishes such a system pursuant to the Nevada Electronic Filing and Conversion Rules or by any other electronic means if the interested person or person entitled to notice consents in writing; or

(c) If the address or identity of the 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 must be at least 10 days before the date set for the hearing.

2. A person who, for the purposes of the matter to be considered at a hearing, is not an interested person is not entitled to notice of that hearing.

3. The court, for good cause shown, may provide for a different method or time of giving notice for any hearing, or may dispense with the notice otherwise required to be given to a person under this title.

4. Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.

5. A person entitled to notice may, in writing, waive notice of the hearing of a petition.

6. Notice given pursuant to paragraph (b) or (c) of subsection 1 is complete upon electronic submission of any kind, unless the petitioner is notified pursuant to the Nevada Electronic Filing and Conversion Rules that the service was not effectuated on the person intended to be served by such electronic means.

[283:107:1941; 1931 NCL § 9882.283]—(NRS A 1961, 407; 1967, 352; 1969, 95; 1975, 1778; 1977, 273; 1997, 1492; 1999, 2359; 2015, 3534; 2023, 1319)

NRS 155.020 Method and form for notices.

1. Notice of a petition for the probate of a will and the issuance of letters and the notice to creditors must be given to:

(a) The persons respectively entitled thereto, including the Director of the Department of Health and Human Services, as provided in NRS 155.010; and

(b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week, there must be at least 10 days from the first to last dates of publication, including both the first and last days.

2. Every publication required by this section must be made in a newspaper published in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.

3. The notice of the hearing upon the petition to administer the estate must be in substantially the following form:

NOTICE OF THE HEARING UPON THE PETITION TO

ADMINISTER THE ESTATE

Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of the month of................, of the year......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court. All persons interested in the estate are notified to appear and show cause why the petition should not be granted.

Dated ....................................

4. As soon as practicable after appointment, a personal representative shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable as of the date of first publication of the notice and who have not already filed a claim. The notice must be in substantially the following form:

NOTICE TO CREDITORS

Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as personal representative of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.

Dated ....................................

5. If before the last day for the filing of a creditor’s claim under NRS 147.040, the personal representative discovers the existence of a creditor who was not readily ascertainable at the time of first publication of the notice to creditors, the personal representative shall immediately mail a copy of the notice to the creditor.

[284:107:1941; 1931 NCL § 9882.284]—(NRS A 1961, 408; 1975, 1779; 1985, 2037; 1987, 782; 1995, 2577; 1997, 1493; 1999, 2359; 2001, 164; 2003, 885)

NRS 155.030 Request for special notice: Filing by interested person after issuance of letters; filing by interested person in testamentary trust; effect of substitution or withdrawal of counsel.

1. At any time after the issuance of letters in the estate of a decedent, an interested person or the person’s attorney may serve upon the personal representative or the personal representative’s attorney, and file with the clerk of the court wherein administration of the estate is pending, a written request stating that the interested person desires special notice and a copy of any further filings, steps or proceedings in the administration of the estate.

2. The request must state the post office address of the requester or the requester’s attorney, and thereafter a brief notice of the filing of any returns, petitions, accounts, reports or other proceedings, together with a copy of the filing, must be addressed to that person or the person’s attorney, at his or her stated mailing address, and deposited with the United States Postal Service with the postage thereon prepaid, within 2 days after each is filed, or personal service of the notice may be made on the person or the person’s attorney within the 2 days, and the personal service is equivalent to deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the proceeding.

3. If, upon the hearing, it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order and the order is final and conclusive upon all persons.

4. An interested person in a testamentary trust or its property, or the attorney for that person, may serve upon the trustee or the trustee’s attorney, and file with the clerk of the court wherein administration of the trust is pending, a written request stating that he or she desires notice of the filing of accounts and petitions in connection with the trust. The provisions of subsections 2 and 3 apply to such a request.

5. An attorney whose only appearance on behalf of an interested person has been the filing of a written request for notice pursuant to subsection 1 may, without further court order:

(a) Terminate his or her services;

(b) Serve upon the personal representative or the personal representative’s attorney an amended written request for notice directing that any further notice be sent to the interested person at his or her last known address; and

(c) File the amended written request for notice with the clerk of the court wherein administration of the estate is pending.

6. Any filing of a motion for substitution of counsel or order authorizing withdrawal of counsel of record for an attorney who has filed a written request for notice on behalf of an interested person pursuant to subsection 1 shall be deemed to be an amended written request for notice as described in subsection 5, and any further notice must be sent to the address provided in the motion for substitution of counsel or the order authorizing the withdrawal of counsel, as applicable.

7. On the filing of an inventory or a supplementary inventory, the personal representative shall mail a copy to each person who has requested special notice.

[Part 119:107:1941; A 1951, 464]—(NRS A 1975, 1780; 1987, 702; 1999, 2360; 2011, 1462)

NRS 155.040 Personal notice by citation. If personal notice is required by this title to be given to any person in the matter of an estate or testamentary trust, and no other mode of giving notice is prescribed, it must be given by citation, issued by the clerk and directed to the person to be served, and must command the person to appear before the court at a time and place to be named in the citation. The nature or character of the proceedings must be briefly stated in the citation, and a copy of the petition, if any, must be attached.

[285:107:1941; 1931 NCL § 9882.285]—(NRS A 1999, 2361)

NRS 155.050 Service of citation.

1. The citation described in NRS 155.040 must be served by:

(a) Certified mail, with a return receipt requested, on each person required to be served; or

(b) Personal service in the manner provided pursuant to Rule 4(d) of the Nevada Rules of Civil Procedure.

2. If, after due diligence, service cannot be made upon the person to be served, service of the citation may be made by publication in the manner provided by Rule 4(e) of the Nevada Rules of Civil Procedure, by leaving a copy with the person’s attorney of record or in such other manner as the court may direct.

[286:107:1941; 1931 NCL § 9882.286]—(NRS A 2017, 1685)

NRS 155.060 Time for service of citation. If no other time is specially prescribed, a citation must be served at least 10 days before the day of the hearing, but the court may, for good cause shown, shorten the time to no less than 1 full judicial day before the day of the hearing.

[288:107:1941; 1931 NCL § 9882.288]—(NRS A 1999, 2361)

NRS 155.070 Number of publications; extension or shortening of time. If publication is required, the publication must be made daily, or otherwise, as often during the prescribed period as the newspaper is regularly issued, unless otherwise provided in this title. The court, however, may prescribe less publications during the period for publication, and the court may, for good cause shown, extend or shorten any of the times prescribed in this title.

[Part 282:107:1941; 1931 NCL § 9882.282]—(NRS A 1999, 2361)

NRS 155.080 Methods of proving publication or service of notice. All proofs of publication or other mode or modes of giving notice or serving papers may be made by the certificate or affidavit of any person competent to be a witness. The certificate or affidavit must be filed, and constitutes prima facie evidence of publication or service. Proof of service may also be made in any manner permitted by the Nevada Rules of Civil Procedure.

[287:107:1941; 1931 NCL § 9882.287]—(NRS A 1979, 450; 1999, 2362)

NRS 155.090 Clerk may give notices and certain citations without court order. All notices required to be given by this title may be given by the clerk of the court without an order from the court, and, when so given, for the time and in the manner required by law, they are as legal and valid as though made upon an order from the court. If use of a citation is authorized or required by statute, the citation may be issued by the clerk of the court on the request of a party or the party’s attorney, without a court order, unless an order is expressly required by the statute.

[322:107:1941; 1931 NCL § 9882.322]—(NRS A 1999, 2362)

TRANSFERS

NRS 155.093 Definitions. As used in NRS 155.093 to 155.098, inclusive, unless the context otherwise requires, the words and terms defined in NRS 155.0935 to 155.0965, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2011, 1459; A 2015, 3534)

NRS 155.0935 “Caregiver” defined. “Caregiver” means a person who provides health or social services to a dependent adult for remuneration other than a donative transfer pursuant to this chapter or the reimbursement of expenses.

(Added to NRS by 2011, 1459; A 2015, 3534)

NRS 155.0937 “Dependent adult” defined. “Dependent adult” means a person who at the time of executing a transfer instrument pursuant to this chapter is 18 years of age or older and:

1. Is unable, without assistance, to provide properly for his or her personal needs for physical health, food, clothing or shelter; or

2. Has difficulty managing his or her own financial resources without assistance or resisting fraud or undue influence.

(Added to NRS by 2015, 3533)

NRS 155.0939 “Health and social services” defined. “Health and social services” means services provided to a dependent adult because of his or her dependent condition, including, without limitation, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking or assistance with finances.

(Added to NRS by 2015, 3533)

NRS 155.094 “Independent attorney” defined.

1. “Independent attorney” means an attorney, other than an attorney who:

(a) Is a transferee described in subsection 2 of NRS 155.097; or

(b) Served as an attorney for a person who is described in subsection 2 of NRS 155.097 at the time of the execution of the transfer instrument.

2. The term includes, without limitation, the drafting attorney representing the transferor in preparation of the transfer instrument if the drafting attorney is not a person described in paragraph (a) or (b) of subsection 1.

(Added to NRS by 2011, 1459; A 2015, 3535; 2021, 978)

NRS 155.0945 “Related to, affiliated with or subordinate to any person” defined. “Related to, affiliated with or subordinate to any person” includes, without limitation:

1. The person’s spouse;

2. A relative of the person within the third degree of consanguinity;

3. A co-owner of a business with the person;

4. An employee of a business if the person:

(a) Has an ownership interest in the business; or

(b) Holds a supervisory position with the business;

5. An attorney or employee of a law firm for which the person is or was a client;

6. The spouse of any person described in subsections 2 to 5, inclusive; and

7. Any entity owned or controlled by a person described in subsections 1 to 6, inclusive.

(Added to NRS by 2011, 1459; A 2015, 3535)

NRS 155.0955 “Transfer instrument” defined. “Transfer instrument” means a legal document intended to effectuate a transfer of property for less than fair market value, whether such transfer becomes effective during the life of the transferor or on or after the transferor’s death and includes, without limitation:

1. A will;

2. A trust;

3. A deed; and

4. Any form, contract or other document which:

(a) Creates, conveys or transfers any interest in property;

(b) Creates any type of joint ownership;

(d) Designates a beneficiary;

(e) Adds an authorized signer on any bank or brokerage account;

(f) Creates or attempts to effectuate a nonprobate transfer to be effective upon the death of the transferor; or

(g) Is intended to amend, modify, eliminate, supersede or revoke any other transfer instrument.

(Added to NRS by 2011, 1460; A 2015, 3535)

NRS 155.096 “Transferee” defined. “Transferee” means a devisee, a beneficiary of trust, a grantee of a deed, including a grantee of a deed pursuant to NRS 111.655 to 111.699, inclusive, and any other person designated in a transfer instrument to receive a nonprobate transfer or other interest in property for less than fair market value.

(Added to NRS by 2011, 1460; A 2015, 3535)

NRS 155.0965 “Transferor” defined. “Transferor” means a testator, settlor, grantor of a deed and a decedent whose interest is transferred pursuant to a nonprobate transfer.

(Added to NRS by 2011, 1460)

NRS 155.0967 Jurisdiction over assets of estate or trust of decedent; jurisdiction over certain persons; sanctions.

1. In a proceeding involving the estate of a decedent or a testamentary trust, the court has jurisdiction over the assets of the estate or trust as a proceeding in rem.

2. In addition to any other basis for claiming jurisdiction over a person, the court has personal jurisdiction over each person:

(a) Who is appointed as a personal representative by the court;

(b) Whose appointment as a trustee is confirmed by the court;

(c) Who files with the court a petition, a motion, other than a motion for dismissal for lack of jurisdiction, an objection or a joinder to a petition or motion;

(d) Who makes an appearance at a hearing of a proceeding involving the estate of a decedent or a testamentary trust, unless the appearance is made solely for the purpose of objecting to the jurisdiction of the court; or

(e) Who is a party to a proceeding commenced by a petition filed pursuant to NRS 153.031 if notice is given pursuant to NRS 155.010.

3. Sanctions against a person that are imposed by the court pursuant to any provision of law or the terms of a will or testamentary trust are limited to that person’s interest in the estate or trust unless the court has personal jurisdiction over that person.

(Added to NRS by 2015, 3533)

NRS 155.097 Validity; circumstances in which transfer is presumed void; rebuttable presumption; exceptions.

1. Regardless of when a transfer instrument is made, to the extent the court finds that a transfer was the product of fraud, duress or undue influence, the transfer is void and each transferee who is found responsible for the fraud, duress or undue influence shall bear the costs of the proceedings, including, without limitation, reasonable attorney’s fees.

2. Except as otherwise provided in subsection 4 and NRS 155.0975, a transfer is presumed to be void if the transfer is to a transferee who is:

(a) The person who drafted the transfer instrument;

(b) A caregiver of the transferor who is a dependent adult;

(c) A person who materially participated in formulating the dispositive provisions of the transfer instrument or paid for the drafting of the transfer instrument; or

(d) A person who is related to, affiliated with or subordinate to any person described in paragraph (a), (b) or (c).

3. The presumption created by this section is a presumption concerning the burden of proof and may be rebutted by proving, by clear and convincing evidence that the donative transfer was not the product of fraud, duress or undue influence.

4. The provisions of subsection 2 do not apply to a transfer instrument that is intended to effectuate a transfer:

(a) After the transferor’s death, unless the transfer instrument is made on or after October 1, 2011; or

(b) During the transferor’s lifetime, unless the transfer instrument is made on or after October 1, 2015.

(Added to NRS by 2011, 1460; A 2015, 3536)

NRS 155.0975 Exceptions to presumption that certain transfers are void. The presumption established by NRS 155.097 does not apply:

1. To the spouse of the transferor.

2. To a transfer of property which is triggered by the transferor’s death if the transferee is an heir of the transferor and the combined value of all transfers received by that transferee is not greater than the share the transferee would be entitled to pursuant to chapter 134 of NRS if the testator had died intestate and the transferor’s estate included all nonprobate transfers which are triggered by the death of the transferor.

3. Except as otherwise provided in this subsection, if the court determines, upon clear and convincing evidence, that the transfer was not the product of fraud, duress or undue influence. The determination of the court pursuant to this subsection must not be based solely upon the testimony of a person described in subsection 2 of NRS 155.097.

4. If the transfer instrument is reviewed by an independent attorney who:

(a) Counsels the transferor about the nature and consequences of the intended transfer;

(b) Attempts to determine if the intended consequence is the result of fraud, duress or undue influence; and

CERTIFICATE OF INDEPENDENT REVIEW

I, .............................. (attorney’s name), have reviewed .............................. (name of transfer instrument) and have counseled my client, .............................. (name of client), on the nature and consequences of the transfer or transfers of property to .............................. (name of transferee) contained in the transfer instrument. I am disassociated from the interest of the transferee to the extent that I am in a position to advise my client independently, impartially and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfer or transfers of property in the transfer instrument that otherwise might be invalid pursuant to NRS 155.097 are valid because the transfer or transfers are not the product of fraud, duress or undue influence.

................................................................................

(Name of Attorney) (Date)

5. To a transferee that is:

(a) A federal, state or local public entity; or

(b) An entity that is recognized as exempt under section 501(c)(3) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) or 501(c)(19), or a trust holding an interest for such an entity but only to the extent of the interest of the entity or the interest of the trustee of the trust.

6. To a transfer of property if the fair market value of the property does not exceed $3,000. The exclusion provided by this subsection does not apply more than once in each calendar year to transfers made during the transferor’s lifetime. For the purposes of this subsection, regardless of the number of transfer instruments involved, the value of property transferred to a transferee pursuant to a transfer that is triggered by the transferor’s death must include the value of all property transferred to that transferee or for such transferee’s benefit after the transferor’s death.

(Added to NRS by 2011, 1460; A 2015, 3536)

NRS 155.098 Common law. The provisions of NRS 155.097 and 155.0975 do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of NRS 155.097 and 155.0975.

(Added to NRS by 2011, 1461)

ORDERS

NRS 155.100 Entry of minutes by clerk. The clerk shall enter a minute of all proceedings in matters of estates, as in other actions.

[Part 282:107:1941; 1931 NCL § 9882.282]

NRS 155.110 Transcripts of minutes or copies of order and certificate of clerk have same force as letters.

1. A transcript from the minutes of court, or a copy of the signed order of the court, showing the appointment of any person as personal representative, together with the certificate of the clerk that the person has given bond, if required, and has been qualified, and that letters have been issued to him or her, and have not been revoked, has the same effect in evidence as the letters themselves.

2. A copy of the letters, with like certificate, has the same effect.

[95:107:1941; 1931 NCL § 9882.95]—(NRS A 1999, 2362)

NRS 155.120 Recordation of order setting apart homestead. If an order is entered setting apart a homestead, a certified copy of the order shall be recorded in the office of the county recorder of the county where the property is located.

[292:107:1941; 1931 NCL § 9882.292]—(NRS A 1999, 2362)

NRS 155.123 Temporary restraining orders or injunctions issued to protect assets of estate or trust. In accordance with the provisions of NRS 33.010 and the Nevada Rules of Civil Procedure, and upon such terms and conditions as the court deems just and appropriate, the court may issue a temporary restraining order or an injunction to preserve and protect assets of the estate or trust.

(Added to NRS by 1999, 2358)

NRS 155.127 Order nunc pro tunc to correct previous order: Issuance; form; use of original order; manner of correction.

1. If through inadvertence or mistake an order entered fails to state correctly the order made by the court, and the inadvertence or mistake is brought to the attention of the court by petition or the court acts on its own motion, the court may enter an order nunc pro tunc correcting the previous order.

2. The order nunc pro tunc must be in the form of an amended order and bear the caption “Amended Order of .....” The body of the amended order must be identical to the order being corrected, except for the correction, and conclude with language substantially as follows: “This is an order nunc pro tunc correcting the previous order of ...., dated .....”

3. If the order to be amended is many pages in length, the court may cause to be filed a document captioned “Amendment to Order of ....” which addresses only the correction, together with sufficient language to identify the correction, and concludes with the same language as an amended order. Such an amendment to an order must be accompanied by a verified petition, or an affidavit of counsel, specifying the reasons for the correction.

4. The original order may not be physically changed, but must be used in conjunction with the order nunc pro tunc correcting it. In making corrections in the amendment document, a complete clause or sentence must be stricken and replaced, even if the only change is to correct a single word or figure.

(Added to NRS by 1999, 2358; A 2001, 164)

PROCEDURE

NRS 155.130 Proceedings concerning estate are proceedings of record. All proceedings in matters of estate shall be proceedings of record as other actions and proceedings.

[Part 307:107:1941; 1931 NCL § 9882.307]

NRS 155.140 General rules: Contents of pleading; effect of certain orders binding persons; notices; appointment of guardian ad litem or attorney; attorney’s fees and costs.

1. In a proceeding involving the estate of a decedent or a testamentary trust:

(a) Interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interest or in another appropriate manner.

(b) An order binding the sole holder or all co-holders of a power of revocation or presently exercisable general power of appointment, including a power of amendment, binds other persons to the extent their interests, as objects, takers in default or otherwise, are subject to the power.

(1) An order binding a guardian of the estate binds the person whose estate the guardian controls.

(2) An order binding a guardian of the person binds the protected person if no separate guardian of the estate of the protected person has been appointed.

(3) An order binding a trustee binds beneficiaries of the trust in a proceeding to probate a will establishing or adding to the trust, to review the acts or accounts of a previous fiduciary, or involving creditors or other third parties.

(4) An order binding a personal representative binds persons interested in the undistributed assets of the estate of a decedent in an action or proceeding by or against the estate.

(d) If there is no conflict of interest and no guardian of the estate has been appointed, a parent may represent his or her minor child.

(e) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his or her interest is adequately represented by another person having a substantially identical interest in the proceeding.

(f) Notice as prescribed by this title must be given to every interested person or to one who can bind an interested person under paragraph (b), (c) or (d). Notice may be given both to a person and to another who can bind him or her.

(g) Notice is given to unborn or unascertained persons who are not represented under paragraph (b), (c) or (d) by giving notice to all known persons whose interest in the proceeding is substantially identical to that of the unborn or unascertained persons.

(h) At any stage of a proceeding, the court may appoint a guardian ad litem or an attorney 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 would otherwise be inadequate. If not precluded by conflict of interest, a guardian ad litem or an attorney may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem or an attorney as a part of the record of the proceeding.

2. If an attorney has been appointed for minors or other interested persons, the attorney, until another may be appointed, shall represent the person or persons for whom the attorney has been appointed in all subsequent proceedings.

3. In any proceeding filed pursuant to this title, the court has jurisdiction and authority to fix and adjudicate fees and costs due an attorney from his or her client for services performed by the attorney in connection with the proceeding.

4. As used in this section, “protected person” has the meaning ascribed to it in NRS 159.027.

[Part 291:107:1941; 1931 NCL § 9882.291]—(NRS A 1999, 2362; 2011, 1463)

NRS 155.150 Issues of fact and questions of costs.

1. All issues of fact in matters of an estate must be disposed of in the same manner as is by law provided upon the trial of issues of fact in a common-law action, but all matters must be tried by the court except as otherwise provided in NRS 137.020.

2. All questions of cost may be determined by the court, and execution may issue therefor in accordance with the order of the court.

[290:107:1941; 1931 NCL § 9882.290]—(NRS A 1999, 2363)

NRS 155.160 Responses and objections to proceedings.

1. An interested person may appear and make a response or objection in writing at or before the hearing.

2. An interested person may appear and make a response or objection orally at the hearing. The court may hear and determine the response or objection at the hearing or grant a continuance to allow the response or objection to be made in writing.

3. If the court is not in session at the time set for the hearing of any matter concerning the settlement of the estate of a decedent, anyone opposing the petition therein made may file objections thereto with the clerk.

[323:107:1941; 1931 NCL § 9882.323]—(NRS A 1999, 2363)

NRS 155.165 Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances.

1. The court may find that a person, including, without limitation, a personal representative or trustee, is a vexatious litigant if the person files a petition, objection, motion or other pleading which is without merit, intended to harass or annoy the personal representative or a trustee or intended to unreasonably oppose or frustrate the efforts of an interested person who is acting in good faith to enforce his or her rights. The court may find that a personal representative or trustee is a vexatious litigant if the personal representative or trustee has expended the funds of the estate or trust to unreasonably oppose the good faith efforts of an interested person to enforce his or her rights. In determining whether the person is a vexatious litigant, the court may take into consideration whether the person has previously filed pleadings in a proceeding that were without merit, intended to harass or annoy a fiduciary or intended to unreasonably oppose or frustrate the efforts of an interested person who is acting in good faith to enforce his or her rights.

2. If a court finds that a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the person in an amount sufficient to reimburse the estate or trust for all or part of the expenses, including, without limitation, reasonable attorney’s fees, incurred by the estate or trust to respond to the petition, objection, motion or other pleading and for any other pecuniary losses which are associated with the actions of the vexatious litigant. If a court finds that a personal representative or trustee is a vexatious litigant, the court may remove the personal representative or trustee and any sanctions imposed by the court must be imposed against the personal representative or trustee personally and not against the estate or trust. The court may make an order directing entry of judgment for the amount of such sanctions.

3. The court may deny standing to an interested party to bring a petition or motion if the court finds that:

(a) The subject matter of the petition or motion is unrelated to the interests of the interested party;

(b) The interests of the interested party are minimal as it relates to the subject matter of the petition or motion; or

4. If a court finds that a person is a vexatious litigant pursuant to subsection 1, that person does not have standing to:

(a) Object to the issuance of letters; or

(b) Request the removal of a personal representative or a trustee.

(Added to NRS by 2011, 1461; A 2015, 3537)

NRS 155.170 Civil procedure. Unless otherwise ordered by the court, upon the filing of a proceeding pursuant to this title and service of the notice of hearing to other interested persons, an interested person who has appeared in the proceeding and given notice of his or her appearance to other interested persons:

1. May obtain discovery, perpetuate testimony or conduct examinations in any manner authorized by law or by the Nevada Rules of Civil Procedure relevant to such proceeding; and

2. Is not required to satisfy any rule requiring the initial disclosure of experts, attendance at an early case conference or the filing of a report on an early case conference as a prerequisite to commencing an action described in subsection 1.

[289:107:1941; 1931 NCL § 9882.289]—(NRS A 1999, 2364; 2011, 1464)

NRS 155.180 Applicability of laws and rules regulating civil actions and appeals. Except as otherwise specially provided in this title, all the provisions of law and the Nevada Rules of Civil Procedure regulating proceedings in civil cases apply in matters of probate, when appropriate, or may be applied as auxiliary to the provisions of this title. The Nevada Rules of Appellate Procedure regulating appeals in civil cases apply to appeals taken pursuant to NRS 155.190.

[319:107:1941; 1931 NCL § 9882.319]—(NRS A 1999, 2364)

NRS 155.185 Facsimile of petitions, notices, objections and other papers may be filed. If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time.

(Added to NRS by 1999, 2358)

APPEALS

NRS 155.190 Appealable orders.

1. Except as otherwise provided in subsection 2, in addition to any order from which an appeal is expressly permitted by this title, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of entry of an order:

(a) Granting or revoking letters testamentary or letters of administration.

(b) Admitting a will to probate or revoking the probate thereof.

(d) Setting apart property as a homestead, or claimed to be exempt from execution.

(e) Granting or modifying a family allowance.

(f) Directing or authorizing the sale or conveyance or confirming the sale of property.

(g) Settling an account of a personal representative or trustee.

(h) Instructing or appointing a trustee.

(i) Instructing or directing a personal representative.

(j) Directing or allowing the payment of a debt, claim, devise or attorney’s fee.

(k) Determining heirship or the persons to whom distribution must be made or trust property must pass.

(l) Distributing property.

(m) Refusing to make any order mentioned in this section.

(n) Making any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $10,000.

(o) Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.

(p) Granting an order for conveyance or transfer pursuant to NRS 148.410.

2. If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal pursuant to this section runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed not later than 30 days after the date of service of written notice of entry of that order:

(a) A motion for judgment under Rule 50(b);

(b) A motion under Rule 52(b) to amend or make additional findings of fact;

(d) A motion for a new trial under Rule 59.

[293:107:1941; 1931 NCL § 9882.293]—(NRS A 1981, 463; 1983, 670; 1995, 19; 1997, 1494; 1999, 2364; 2001, 2349; 2009, 1635; 2013, 1748)

NRS 155.195 Effect of appeal of order. Unless otherwise ordered by the court, an appeal pursuant to NRS 155.190 does not stay any order or proceeding in the estate or trust. The court may grant a stay, pending the appeal, of an order from which the appeal was taken, upon such bond, undertaking or conditions as it deems just or appropriate.

(Added to NRS by 1999, 2358)

NRS 155.200 No undertaking on appeal required of personal representative. An appeal by a personal representative who has given an official bond as provided in this title is complete and effectual without an undertaking on appeal.

[295:107:1941; 1931 NCL § 9882.295]—(NRS A 1999, 2365)

NRS 155.210 Power of appellate court on appeal.

1. Upon an appeal, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may reverse, affirm or modify the order appealed from, and as to any or all of the parties, and order a remittitur as in other cases, and may order costs to be paid by any party to the proceeding, or out of the estate, as justice may require.

2. Execution for costs may issue out of the district court.

[294a:107:1941; 1931 NCL § 9882.294a]—(NRS A 1999, 2365; 2013, 1749)

NRS 155.220 Reversal of order appointing personal representative. If an order appointing a personal representative is reversed on appeal, all lawful acts in administration of the estate performed by the personal representative are as valid as if the order had been affirmed.

[Part 296:107:1941; 1931 NCL § 9882.296]—(NRS A 1999, 2365)