NRS: CHAPTER 253 - PUBLIC ADMINISTRATION OF ESTATES AND PUBLIC GUARDIANS

[Rev. 6/29/2024 3:26:06 PM--2023]

CHAPTER 253 - PUBLIC ADMINISTRATION OF ESTATES AND PUBLIC GUARDIANS

PUBLIC ADMINISTRATION OF ESTATES

NRS 253.010 Election; term of office; qualifications; certain county officers ex officio public administrators; exceptions.

NRS 253.020 Oath and bond.

NRS 253.025 Deputies: Appointment; oath; recording of appointment; liability of public administrator; qualifications; exception.

NRS 253.040 Authority to administer estates; application for letters of administration; bond.

NRS 253.0403 Administration of estate in which gross value of decedent’s property does not exceed $25,000.

NRS 253.0405 Circumstances under which public administrator or certain other person may secure and administer assets of estate; access by other persons to property of estate.

NRS 253.0407 Authority and procedure for donation or destruction of certain property of estate.

NRS 253.0415 Duties in administering estate; estates that administrator or certain other persons are not to administer; transporting property of decedent in smaller counties.

NRS 253.042 Investigatory powers.

NRS 253.0425 Administration of or petition to set aside estate after investigation of gross value.

NRS 253.0435 General powers; exception.

NRS 253.0447 Payment for expenses incurred in performance of duties; exception.

NRS 253.050 Compensation.

NRS 253.060 Applicability of rules and laws governing other administrators and executors.

NRS 253.070 Officers and other persons to furnish information.

NRS 253.080 Institution and maintenance of actions.

NRS 253.091 Reports to and investigations by board of county commissioners; independent audit reports in smaller counties.

NRS 253.110 Prohibition against interest in expenditures.

NRS 253.120 Expiration of term, employment or contract: Surrender of books and papers; successor administrator or other person.

NRS 253.125 Abolishment of office of public administrator in county whose population is less than 100,000.

PUBLIC GUARDIANS

NRS 253.150 Establishment of office by county commissioners; appointment, designation or contract; compensation.

NRS 253.160 Bond; oath.

NRS 253.170 Vacancy.

NRS 253.175 Deputies: Appointment; oath; recording of appointment; liability of public guardian; compensation.

NRS 253.180 Subordinates, consultants and assistants.

NRS 253.190 Records.

NRS 253.200 Qualifications of person for whom public guardian may be appointed; petition for appointment; accounting and report to be filed by temporary guardian in certain circumstances.

NRS 253.210 Powers, duties, rights and responsibilities.

NRS 253.215 Legal assistance.

NRS 253.220 Investigation of financial status, assets and personal and family history of protected person for whom public guardian has been appointed or upon referral of potential protected person by certain agencies.

NRS 253.230 Allocation of costs incurred in appointment proceedings and administrative costs.

NRS 253.240 Value of guardian’s services allowable as claim against estate of protected person; deposit of money received by public guardian.

NRS 253.243 Request for advance of money to pay expenses of guardianship; payment of advances; reimbursement of advances from assets of estate of protected person.

NRS 253.245 Reports and budgets to and investigations by board of county commissioners.

NRS 253.250 Termination of appointment.

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PUBLIC ADMINISTRATION OF ESTATES

NRS 253.010 Election; term of office; qualifications; certain county officers ex officio public administrators; exceptions. Except as otherwise provided in NRS 253.125:

1. Except as otherwise provided in subsections 4 and 5 or as altered pursuant to the mechanism set forth in NRS 244.1507, public administrators must be elected by the qualified electors of their respective counties.

2. Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the first Monday of January after their election.

3. The public administrator of a county must:

(a) Be a qualified elector of the county;

(b) Be at least 21 years of age on the date he or she will take office;

(d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

4. The district attorneys of Humboldt, Lander, Lincoln, Storey and White Pine Counties are ex officio public administrators of Humboldt County, Lander County, Lincoln County, Storey County and White Pine County, respectively, unless such an arrangement is altered pursuant to the mechanism set forth in NRS 244.1507. The Clerk of Carson City shall serve as Public Administrator of Carson City.

5. In a county other than Carson City and Humboldt, Lander, Lincoln, Storey and White Pine Counties, if, for any reason, the office of public administrator becomes vacant, the board of county commissioners may appoint a public administrator for the remainder of the unexpired term.

[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781] + [Part 2:88:1883; BH § 2222; C § 2373; RL § 1616; NCL § 2093]—(NRS A 1969, 1466; 1971, 496; 1987, 56; 2003, 2650; 2009, 593, 2268; 2011, 153; 2019, 1535)

NRS 253.020 Oath and bond.

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 or her election.

2. Every public administrator shall:

(a) Take the constitutional official oath, which is for the faithful performance of the duties of his or her 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 or her 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 or her 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 for any estate in the manner prescribed in NRS 142.020.

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.

[Part 2:88:1883; BH § 2222; C § 2373; RL § 1616; NCL § 2093]—(NRS A 1979, 289; 1989, 1039)

NRS 253.025 Deputies: Appointment; oath; recording of appointment; liability of public administrator; qualifications; exception.

1. Except as otherwise provided in subsection 5, a public administrator may appoint as many deputies as the public administrator deems necessary to perform fully the duties of his or her office. A deputy so appointed may perform all duties required of the public administrator and has the corresponding powers and responsibilities. Before entering upon the discharge of his or her duties each deputy must take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public administrator or the county by which the deputy is employed.

2. Each appointment must be in writing and recorded with the oath of office of that deputy in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

3. The public administrator is responsible on his or her official bond for any official malfeasance or nonfeasance of his or her deputies and may require a bond for the faithful performance of the official duties of his or her deputies.

4. Every deputy appointed pursuant to this section must:

(a) Be a qualified elector of the county;

(b) Be at least 21 years of age;

(d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

5. The provisions of this section do not apply if the office of public administrator is abolished pursuant to NRS 253.125.

(Added to NRS by 1983, 1596; A 2001, 1746; 2005, 682; 2015, 1911; 2019, 1536)

NRS 253.040 Authority to administer estates; application for letters of administration; bond.

1. Public administrators and persons employed or contracted with pursuant to NRS 253.125, as applicable, may administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their position. Except as otherwise provided in NRS 253.0403 and 253.0425, public administrators and any persons employed or contracted with pursuant to NRS 253.125 are required to make formal application for letters of administration.

2. In counties whose population is 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law.

3. In counties whose population is less than 100,000, the official bond given pursuant to NRS 253.020 or any bond required pursuant to NRS 253.125, as applicable, may secure the faithful execution of the public administrator’s or other person’s duties for all estates for which he or she has been issued letters of administration, and all estates administered pursuant to NRS 253.0403, if the aggregate value of all the estates does not exceed the amount of his or her bond.

[13:88:1883; A 1921, 9; NCL § 2103]—(NRS A 1971, 829; 1983, 678; 1989, 1039; 1991, 196; 1999, 916; 2019, 1536)

NRS 253.0403 Administration of estate in which gross value of decedent’s property does not exceed $25,000.

1. When the gross value of a decedent’s property situated in this State does not exceed $25,000, a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.

2. The affidavit must provide:

(a) The name and address of the public administrator or person employed or contracted with pursuant to NRS 253.125, as applicable, and his or her attestation that he or she is entitled by law to administer the estate;

(b) The decedent’s place of residence at the time of his or her death;

(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 the affiant used to provide to each of them notice of the affidavit and 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 or a person employed or contracted with pursuant to NRS 253.125, as applicable, shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist. If the administrator or person determines that heirs or next of kin exist, the administrator or person 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 the affiant receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 147.195.

(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant 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 information, and if the person relies in good faith, he or she 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 or person employed or contracted with pursuant to NRS 253.125, as applicable, 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 title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.

(Added to NRS by 1991, 195; A 1999, 917; 2003, 478, 2515; 2005, 396; 2015, 1911; 2019, 1537)

NRS 253.0405 Circumstances under which public administrator or certain other person may secure and administer assets of estate; access by other persons to property of estate.

1. Subject to the provisions of subsections 2 and 3, before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403, before petitioning to have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may act on behalf of the estate of a deceased person to identify and secure all tangible and intangible assets of the estate if the administrator or person finds that:

(a) There are no relatives of the deceased who are able to protect the property; or

(b) Failure to do so could endanger the property.

2. A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, shall not distribute, liquidate or otherwise administer any assets of an estate which are identified and secured pursuant to subsection 1 unless:

(a) A court has issued letters of administration for the estate; or

(b) A court order authorizing the public administrator or person to act as administrator of the estate has been issued.

3. A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may, for the purpose of protecting the assets of an estate which are identified and secured pursuant to subsection 1, authorize any of the following persons to access the real and personal property of the estate:

(a) A relative of the deceased;

(b) A named executor or named trustee of the estate; or

(Added to NRS by 1983, 1597; A 1991, 197; 1999, 918; 2009, 2269; 2015, 1912; 2019, 1538)

NRS 253.0407 Authority and procedure for donation or destruction of certain property of estate.

1. Except as otherwise provided in subsection 2, a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, with regard to the personal property of the estate of a decedent, may donate property that has a value of less than $250 to a nonprofit organization, or destroy property that has a value of less than $100, if a notice of intent to donate or destroy the property is mailed by certified mail or delivered personally to the decedent’s next of kin and the property is not claimed within 15 days.

2. A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may authorize the immediate destruction of the property of a decedent, without giving notice to the next of kin, if:

(a) The administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, determines that the property has been contaminated by vermin or biological or chemical agents;

(b) The expenses related to the decontamination of the property cause salvage to be impractical;

(d) The handling, transfer or storage of the property may endanger public health or safety or exacerbate contamination; and

(e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.

(Added to NRS by 1991, 12; A 1999, 918; 2009, 2269; 2019, 1538)

NRS 253.0415 Duties in administering estate; estates that administrator or certain other persons are not to administer; transporting property of decedent in smaller counties.

1. The public administrator or the person employed or contracted with pursuant to NRS 253.125, as applicable, shall:

(a) Investigate:

(1) The financial status of any decedent for whom he or she has been requested to serve as administrator to determine the assets and liabilities of the estate.

(2) Whether there is any qualified person who is willing and able to serve as administrator of the estate of an intestate decedent to determine whether he or she is eligible to serve in that capacity.

(3) Whether there are beneficiaries named on any asset of the estate or whether any deed upon death executed pursuant to NRS 111.655 to 111.699, inclusive, is on file with the county recorder.

(b) Except as otherwise provided in NRS 253.0403 and 253.0425, petition the court for letters of administration of the estate of an intestate decedent if, after investigation, the public administrator or the person employed or contracted with pursuant to NRS 253.125, as applicable, finds that there is no other qualified person having a prior right who is willing and able to serve.

(c) Upon court order, act as administrator of the estate of an intestate decedent, regardless of the amount of assets in the estate of the decedent if no other qualified person is willing and able to serve.

2. The public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, shall not administer any estate:

(a) Held in joint tenancy unless all joint tenants are deceased; or

(b) For which a deed upon death has been executed pursuant to NRS 111.655 to 111.699, inclusive.

3. In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require the public administrator or the person employed or contracted with pursuant to NRS 253.125, as applicable, to notify or obtain approval from the board of county commissioners before transporting outside the county any property of a decedent for whose estate the public administrator or person serves as administrator.

4. As used in this section, “intestate decedent” means a person who has died without leaving a valid will, trust or other estate plan.

(Added to NRS by 1979, 991; A 1989, 1040; 1991, 197; 1999, 919; 2007, 2487; 2009, 2270; 2011, 1354, 1483; 2015, 1913; 2019, 1539)

NRS 253.042 Investigatory powers. In connection with an investigation conducted pursuant to subsection 1 of NRS 253.0415, a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may:

1. Require any spouse, parent, child or other kindred of the decedent to give any information and to execute any written requests or authorizations necessary to provide the public administrator or person with access to records, otherwise confidential, needed to evaluate the public administrator’s or person’s eligibility to serve.

2. Obtain information from the public records in any office of the State or any of its agencies or subdivisions upon request and without payment of any fee.

3. Investigate the assets and personal and family history of any decedent for whom he or she has been requested to serve as administrator, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS.

(Added to NRS by 1979, 991; A 2007, 2488; 2009, 2270; 2019, 1540)

NRS 253.0425 Administration of or petition to set aside estate after investigation of gross value.

1. If the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, finds that there is no qualified person willing and able to administer the estate of a particular decedent, the public administrator or person shall investigate further to estimate its gross value.

2. If the estate appears to have a gross value of $100,000 or less, the public administrator or person employed or contracted with pursuant to NRS 253.125, as applicable, shall:

(a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant;

(b) Himself or herself petition to have the estate set aside without administration and properly distributed; or

3. If the estate appears to have a gross value of more than $100,000:

(a) The public administrator or person employed or contracted with pursuant to NRS 253.125, as applicable, shall proceed with summary or full administration as the value of the estate requires.

(b) The public administrator or person employed or contracted with pursuant to NRS 253.125, as applicable, may retain an attorney to assist him or her, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorney’s fee is a charge upon the estate.

(Added to NRS by 1979, 992; A 1989, 1040; 1991, 197; 1999, 919; 2009, 2271; 2019, 1540)

NRS 253.0435 General powers; exception.

1. Except as otherwise provided in subsection 2, the public administrator may, within the limits of appropriations for his or her office:

(a) Be provided with sufficient facilities and supplies for the proper performance of his or her duties.

(b) Employ subordinates necessary for the proper performance of his or her duties.

(d) Consult with the district attorney in matters relating to the performance of his or her duties.

2. The provisions of this section do not apply if the office of public administrator is abolished pursuant to NRS 253.125.

(Added to NRS by 1979, 992; A 2019, 1540)

NRS 253.0447 Payment for expenses incurred in performance of duties; exception.

1. Except as otherwise provided in subsection 2, a public administrator may file with the board of county commissioners a request for payment for expenses incurred in the performance of such duties. The amount to be paid as expenses must be determined by the board. Payment must be made from the general fund of the county if the board approves the request and determines that there is sufficient money in the fund to pay the public administrator or other suitable person designated by the board to perform those duties. This subsection does not require the board to authorize payment of any expense that can be paid from the assets of a person or an estate.

2. The provisions of this section do not apply if the office of public administrator is abolished pursuant to NRS 253.125.

(Added to NRS by 1987, 1379; A 2009, 2271; 2019, 1541)

NRS 253.050 Compensation.

1. For the administration of the estates of deceased persons:

(a) Public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.

(b) Persons employed or contracted with pursuant to NRS 253.125 are entitled to be paid as other administrators or executors are paid.

2. The district attorneys of Humboldt, Lander, Lincoln, Storey and White Pine Counties as ex officio public administrators and the Clerk of Carson City serving as Public Administrator of Carson City may retain all fees provided by law received by them as public administrators.

3. The public administrator or a person employed or contracted with pursuant to NRS 253.125 is entitled to compensation from the estate or from beneficiaries for the reasonable value of his or her services performed in preserving the property of an estate of a deceased person before the appointment of an administrator. Compensation must be set by the board of county commissioners.

4. Except as otherwise provided in subsection 2, a public administrator who does not receive a salary pursuant to NRS 245.043:

(a) Is entitled to receive annual compensation, for the costs and expenses incident to a public administrator, as set by the board of county commissioners and paid out of the county fund; and

(b) May retain all fees provided by law received by him or her as public administrator.

5. In a county where the office of public administrator has been abolished pursuant to NRS 253.125, any compensation or fees described in subsections 1 and 3 or otherwise provided by law for the administration of an estate of a deceased person to which the person employed or contracted with pursuant to NRS 253.125 is entitled must be paid into the county general fund.

[Part 3:88:1883; BH § 2223; C § 2374; RL § 1617; NCL § 2094]—(NRS A 1967, 1057; 1969, 1466; 1973, 8; 1979, 994; 1987, 56, 115, 117; 1989, 1041; 2009, 2271; 2011, 154; 2017, 810; 2019, 1541)

NRS 253.060 Applicability of rules and laws governing other administrators and executors. Except as otherwise provided in this chapter, public administrators and persons employed or contracted with pursuant to NRS 253.125, in administering upon estates, shall be governed by the same rules and laws by which other administrators or executors are governed.

[9:88:1883; BH § 2229; C § 2380; RL § 1623; NCL § 2100]—(NRS A 2019, 1541)

NRS 253.070 Officers and other persons to furnish information. All persons, and especially all civil officers, shall give all information in their possession to public administrators and persons employed or contracted with pursuant to NRS 253.125 respecting estates and the property and condition thereof, upon which no other person has then administered.

[Part 8:88:1883; BH § 2228; C § 2379; RL § 1622; NCL § 2099]—(NRS A 2019, 1542)

NRS 253.080 Institution and maintenance of actions. Public administrators and persons employed or contracted with pursuant to NRS 253.125 shall institute, maintain and prosecute all necessary actions at law and in equity for the recovery and for the protection of the property, debts, papers or other estate of any deceased person upon whose estate they may be administering.

[Part 8:88:1883; BH § 2228; C § 2379; RL § 1622; NCL § 2099]—(NRS A 2019, 1542)

NRS 253.091 Reports to and investigations by board of county commissioners; independent audit reports in smaller counties.

1. The board of county commissioners shall:

(a) Establish regulations for the form of any reports made by the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable.

(b) Review reports submitted to the board by the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable.

(c) Investigate any complaint received by the board against the public administrator or a person employed or contracted with pursuant to NRS 253.125 and take any appropriate action it deems necessary to resolve the complaint.

2. The board of county commissioners may at any time investigate any estate for which the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, is serving as administrator.

3. In a county whose population is less than 100,000, the board of county commissioners may, by ordinance, require that, on or before March 1 of each year, the public administrator or person employed or contracted with pursuant to NRS 253.125, as applicable, submit to the board of county commissioners an independent audit report prepared by a certified public accountant of the records and office of the public administrator, or the records of the person, as applicable. The ordinance must:

(a) Provide that each such audit report cover the period starting January 1 of the previous calendar year and ending December 31 of the previous calendar year.

(b) Prescribe who is responsible for paying the costs of the audit.

(Added to NRS by 1979, 992; A 2007, 2489; 2015, 1914; 2019, 1542)

NRS 253.110 Prohibition against interest in expenditures. No public administrator or person employed or contracted with pursuant to NRS 253.125 may be:

1. Interested in any expenditures of any kind, made on account of any estate of a deceased person which he or she is administering, except as necessarily made in the course of the administration.

2. Associated in business with anyone so interested.

[6:88:1883; BH § 2226; C § 2377; RL § 1620; NCL § 2097]—(NRS A 1987, 109; 2019, 1542)

NRS 253.120 Expiration of term, employment or contract: Surrender of books and papers; successor administrator or other person.

1. Public administrators shall, at the expiration of their terms of office, surrender up to their successors in office all the books or papers belonging or appertaining to the office, including all exhibits, estates, money and property in their possession; but upon the expiration of the term of office of any public administrator before the entry of a decree of distribution in any estate for which the public administrator is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor in office of the public administrator.

2. Persons employed or contracted with pursuant to NRS 253.125 shall, at the expiration of their employment or contract, surrender up to the board of county commissioners all the books or papers belonging or appertaining to the person in relation to performing the duties and responsibilities set forth in this chapter and any other provision of law relating to administering an estate on behalf of the county, including all exhibits, estates, money and property in their possession. Upon the expiration of the employment or contract, before the entry of a decree of distribution in any estate for which the person is the duly appointed, qualified and acting administrator, if good cause be shown therefor, the court shall enter an order in such estate, authorizing and directing a person to whom letters have been issued, to close up the estate as expeditiously as possible, or the court shall enter an order requiring the filing of a petition for letters by the successor.

[14:88:1883; A 1921, 149; NCL § 2104]—(NRS A 2019, 1542)

NRS 253.125 Abolishment of office of public administrator in county whose population is less than 100,000.

1. A board of county commissioners of a county whose population is less than 100,000 may by ordinance abolish the office of public administrator.

2. If a board of county commissioners abolishes the office of public administrator pursuant to subsection 1:

(a) The person who was elected, appointed or serves as ex officio public administrator pursuant to NRS 253.010 is entitled to serve out the remainder of his or her term of office before the office of public administrator may be abolished;

(b) The board must employ or contract for the services of a person to carry out the duties and responsibilities set forth in this chapter and any other provision of law relating to a public administrator; and

(c) The board must set forth in the ordinance adopted pursuant to subsection 1 the qualifications for a person employed or contracted with pursuant to paragraph (b). Such qualifications must include, without limitation:

(1) A requirement that a person employed or contracted with pursuant to paragraph (b):

(I) Be at least 21 years of age;

(II) Not have been convicted of a felony for which his or her civil rights have not been restored; and

(III) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

(2) Any requirement of the person to post a bond or provide other security with the county.

3. A board of county commissioners of a county whose population is less than 100,000 may amend or repeal an ordinance adopted pursuant to subsection 1 to resume pursuant to NRS 253.010:

(a) The election of a public administrator for the county; or

(b) The person who is ex officio public administrator serving as public administrator in the county.

(Added to NRS by 2019, 1535)

PUBLIC GUARDIANS

NRS 253.150 Establishment of office by county commissioners; appointment, designation or contract; compensation.

1. The board of county commissioners of each county shall establish the office of public guardian.

2. The board of county commissioners shall:

(a) Appoint a public guardian, who serves at the pleasure of the board, for a term of 4 years from the day of appointment;

(b) Designate an elected or appointed county officer as ex officio public guardian;

(c) Pursuant to the mechanism set forth in NRS 244.1507, designate another county officer to execute the powers and duties of the public guardian;

(d) Except in a county whose population is 100,000 or more, contract with a private professional guardian to act as public guardian; or

(e) Contract with the board of county commissioners of a neighboring county in the same judicial district to designate as public guardian the public guardian of the neighboring county.

3. The compensation of a public guardian appointed or designated pursuant to subsection 2 must be fixed by the board of county commissioners and paid out of the county general fund.

4. As used in this section, “private professional guardian” has the meaning ascribed to it in NRS 159.024 and 159A.024, except that the term does not include:

(a) A banking corporation, as defined in NRS 657.016, or an organization permitted to act as a fiduciary pursuant to NRS 662.245 if it is appointed as guardian of an estate only.

(b) A trust company, as defined in NRS 669.070.

(d) A trustee under a deed of trust.

(e) A fiduciary under a court trust.

(Added to NRS by 1977, 486; A 1989, 1041; 2003, 804; 2007, 2489; 2009, 593; 2015, 2370; 2017, 892)

NRS 253.160 Bond; oath.

1. Upon taking office, a public guardian shall file with the county clerk a general bond in an amount fixed by the board of county commissioners payable to the State of Nevada with sureties approved by the board of county commissioners. The premium for the bond shall be paid from the general funds of the county and be conditioned upon the public guardian’s faithful performance of his or her duties.

2. The general bond and oath of office of a public guardian are in lieu of the bonds and oaths required of private guardians.

3. The oath and bond of an elected or appointed public officer designated public guardian or designated to execute the powers and duties of the public guardian pursuant to paragraph (b) or (c) of subsection 2 of NRS 253.150 are in lieu of the bonds and oaths required of private guardians. The court may require such a designee to execute a separate bond for any guardianship in the manner prescribed in NRS 159.065 or 159A.065.

(Added to NRS by 1977, 486; A 1989, 1041; 2009, 594; 2017, 892)

NRS 253.170 Vacancy.

1. If a vacancy occurs in the office of public guardian before the expiration of a normal term, the vacancy shall be filled promptly by the board of county commissioners.

2. The board of county commissioners may designate any qualified person to serve as acting public guardian until a vacancy in such office is filled.

(Added to NRS by 1977, 486; A 2003, 805)

NRS 253.175 Deputies: Appointment; oath; recording of appointment; liability of public guardian; compensation.

1. A public guardian shall appoint one or more deputies to perform the duties of the public guardian in his or her absence. A deputy so appointed may transact all official business relating to the office of the public guardian to the same extent as the public guardian, except that the deputy is not authorized to employ or terminate the employment of subordinates in the office. Before entering upon the discharge of his or her duties, each deputy must take and subscribe to the constitutional oath of office. The appointment of a deputy must not be construed to confer upon that deputy policymaking authority for the office of the county public guardian or the county by which the deputy is employed.

2. Each appointment must be in writing and recorded, with the oath of office of that deputy, in the office of the county recorder. Any revocation or resignation of an appointment must be recorded in the office of the county recorder.

3. The public guardian is responsible on his or her official bond for any official malfeasance or nonfeasance of his or her deputies and may require a bond for the faithful performance of the official duties of his or her deputies.

4. The compensation of a deputy public guardian must be fixed by the board of county commissioners and paid out of the county general fund.

(Added to NRS by 2003, 804; A 2005, 683; 2007, 2489)

NRS 253.180 Subordinates, consultants and assistants. Within the limits of appropriations for his or her office, a public guardian may:

1. Employ such subordinates, including, without limitation, deputies appointed pursuant to NRS 253.175, as authorized by the board of county commissioners and as necessary for the proper performance of his or her duties.

2. Contract for the services of consultants or assistants.

(Added to NRS by 1977, 486; A 2003, 805)

NRS 253.190 Records. A public guardian shall:

1. Keep financial and other appropriate records concerning all cases in which he or she is appointed as an individual guardian; and

2. Retain:

(a) All such financial records for each case for at least 7 years after the date of the transaction that is recorded in the record; and

(b) All other records for each case for at least 7 years after the termination of the guardianship pursuant to chapters 159 and 159A of NRS.

(Added to NRS by 1977, 487; A 2009, 2271; 2017, 893)

NRS 253.200 Qualifications of person for whom public guardian may be appointed; petition for appointment; accounting and report to be filed by temporary guardian in certain circumstances.

1. A resident of Nevada is eligible to have the public guardian of the county in which he or she resides appointed as his or her temporary individual guardian pursuant to NRS 159.0523 or 159.0525 or to mitigate the risk of financial harm to a proposed protected minor pursuant to NRS 159A.053.

2. An adult resident of Nevada is eligible to have the public guardian of a county appointed as his or her permanent or general individual guardian if the proposed protected person is a resident of that county and:

(a) The proposed protected person has no nominated person, relative or friend suitable and willing to serve as his or her guardian; or

(b) The proposed protected person has a guardian who the court determines must be removed pursuant to NRS 159.185.

3. A person qualified pursuant to subsection 1 or 2, or anyone on his or her behalf, may petition the district court of the county in which he or she resides to make the appointment.

4. Before a petition for the appointment of the public guardian as a guardian may be filed pursuant to subsection 3, a copy of the petition and copies of all accompanying documents to be filed must be delivered to the public guardian or a deputy public guardian.

5. Any petition for the appointment of the public guardian as a guardian filed pursuant to subsection 3 must include a statement signed by the public guardian or deputy public guardian and in substantially the following form:

The undersigned is the Public Guardian or a Deputy Public Guardian of ............. County. The undersigned certifies that he or she has received a copy of this petition and all accompanying documents to be filed with the court.

6. A petition for the appointment of the public guardian as permanent or general guardian must be filed separately from a petition for the appointment of a temporary guardian.

7. If a person other than the public guardian served as temporary guardian before the appointment of the public guardian as permanent or general guardian, the temporary guardian must file an accounting and report with the court in which the petition for the appointment of a public guardian was filed within 30 days of the appointment of the public guardian as permanent or general guardian.

8. In addition to NRS 159.099 and 159A.099, a county is not liable on any written or oral contract entered into by the public guardian of the county for or on behalf of a protected person.

9. For the purposes of this section:

(a) Except as otherwise provided in paragraph (b), the county of residence of a person is the county to which the person moved with the intent to reside for an indefinite period.

(b) The county of residence of a person placed in institutional care is the county that was the county of residence of the person before the person was placed in institutional care by a guardian or agency or under power of attorney.

10. As used in this section, “nominated person” has the meaning ascribed to it in NRS 159.0613.

(Added to NRS by 1977, 487; A 1999, 920; 2007, 2490; 2009, 2272; 2015, 2510; 2017, 893)

NRS 253.210 Powers, duties, rights and responsibilities.

1. A person appointed as public guardian or designated as acting public guardian succeeds immediately to all powers and duties of the individual guardianships created by appointments of the public guardian as guardian for particular protected persons.

2. In the administration of any guardianship to which the public guardian is appointed pursuant to subsection 1, the public guardian has all powers, duties, rights and responsibilities contained in titles 12 and 13 of NRS.

(Added to NRS by 1977, 487; A 1979, 994)

NRS 253.215 Legal assistance.

1. When necessary for the proper administration of a guardianship, a public guardian may:

(a) Retain an attorney to assist him or her if the attorney practices law in the county and is qualified by experience and willing to serve or rotate this employment among attorneys who practice law in the county and who are qualified by experience and willing to serve; or

(b) Upon approval of the board of county commissioners, obtain assistance from the office of the district attorney of the county.

2. Any attorney’s fee must be paid from the assets of the protected person.

(Added to NRS by 1983, 1597; A 2007, 2491)

1. A public guardian may investigate the financial status, assets and personal and family history of any protected person for whom the public guardian has been appointed as guardian, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS. In connection with the investigation, the public guardian may require the protected person or any spouse, parent, child or other kindred of the protected person, to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, which are needed by the public guardian. The public guardian may obtain information from any public record office of the State or any of its agencies or subdivisions upon request and without payment of any fees.

2. In a county whose population is less than 100,000, a public guardian may petition a court to investigate the financial status, assets and personal and family history of any potential protected person for whom the public guardian has received a referral from the Aging and Disability Services Division of the Department of Health and Human Services, a law enforcement agency or a court in connection with a criminal or civil matter relating to the potential protected person, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS. In connection with the investigation, the public guardian may require the potential protected person or any spouse, parent, child or other kindred of the potential protected person, to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, which are needed by the public guardian. The public guardian may obtain information from any public record office of the State or any of its agencies or subdivisions upon request and without payment of any fees.

3. As used in this section:

(a) “Potential protected person” means any person, other than a minor, for whom a referral for investigation has been sent to the public guardian.

(b) “Protected person” has the meaning ascribed to it in NRS 159.0253.

(Added to NRS by 1977, 487; A 2007, 2491; 2009, 2273; 2019, 1757)

NRS 253.230 Allocation of costs incurred in appointment proceedings and administrative costs.

1. Except as otherwise provided in NRS 253.215, if a public guardian is appointed as an individual guardian the costs incurred in the appointment proceedings and the administrative costs of the guardian’s services are not chargeable against the income or the estate of the protected person unless the court determines at any time that the protected person is financially able to pay all or part of the costs.

2. The financial ability of the protected person to pay such costs shall be measured according to his or her ability to compensate a private guardian. This ability depends upon:

(a) The nature, extent and liquidity of the protected person’s assets;

(b) The protected person’s disposable net income;

(d) The type, duration and complexity of the services required; and

(e) Any other foreseeable expenses.

(Added to NRS by 1977, 487; A 1983, 1597)

NRS 253.240 Value of guardian’s services allowable as claim against estate of protected person; deposit of money received by public guardian. The reasonable value of a public guardian’s services rendered without cost to a protected person shall be allowed as a claim against the estate of the protected person upon the approval of the court. Money received in payment of a claim against the estate of the protected person shall be deposited by the public guardian to the credit of the county general fund or any other county fund, as determined by the board of county commissioners.

(Added to NRS by 1977, 487; A 2007, 2491)

NRS 253.243 Request for advance of money to pay expenses of guardianship; payment of advances; reimbursement of advances from assets of estate of protected person.

1. A public guardian may file with the board of county commissioners a request for an advance of money to pay necessary expenses incurred, or to be incurred, by the public guardian during a guardianship. The board may approve or deny the request. If the board approves the request, the board shall determine the amount to be advanced and advance that amount to the public guardian.

2. The board of county commissioners of any county may establish a revolving fund to be used to provide advances to the public guardian pursuant to subsection 1. If the board has established a revolving fund pursuant to this subsection, the board shall pay any advance approved pursuant to subsection 1 from the revolving fund to the extent that there is sufficient money in the revolving fund to pay the advance. After the money in the revolving fund has been exhausted, the board shall pay any advance, or any part of an advance, approved by the board from the general fund of the county. If the board has not established a revolving fund pursuant to this subsection, the board shall pay any advance approved pursuant to subsection 1 from the general fund of the county.

3. The public guardian must reimburse the county for any advance provided pursuant to subsection 1 from the assets of the estate of the protected person as soon as, and to the extent that, the assets become available. If the board of county commissioners has established a revolving fund pursuant to subsection 2, the board shall deposit in the revolving fund the money obtained from a reimbursement provided pursuant to this subsection. If the board has not established a revolving fund pursuant to subsection 2, the board shall deposit in the general fund of the county the money obtained from a reimbursement provided pursuant to this subsection.

(Added to NRS by 2007, 2486)

NRS 253.245 Reports and budgets to and investigations by board of county commissioners.

1. The board of county commissioners may:

(a) Establish regulations for the form of any reports or budgets made by the public guardian.

(b) Review reports or budgets submitted to the board by the public guardian.

2. The board of county commissioners may at any time investigate any guardianship for which the public guardian has been appointed.

(Added to NRS by 2007, 2487)

NRS 253.250 Termination of appointment. The court may, at any time, terminate the appointment of a public guardian as an individual guardian of a person or of an estate upon petition by the protected person, the public guardian, any interested person or upon the court’s own motion if:

1. It appears that the services of the public guardian are no longer necessary; or

2. After exercising due diligence, the public guardian is unable to identify a source to pay for the care of the protected person and, as a consequence, continuation of the guardianship would confer no benefit upon the protected person.

(Added to NRS by 1977, 487; A 2009, 2273)