reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 146 - Support of Family; Small Estates › NRS 146.050 - Vesting of homestead; debts of spouse.

1. If the homestead was selected by the spouses, or either of them, during their marriage, and recorded while both were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor, unless vesting is otherwise required pursuant to subsection 2 of NRS 115.060.
2. If no homestead was so selected, a homestead may be set apart by the court to the surviving spouse, minor child or minor children of the decedent for a limited period if deemed advisable considering the needs and resources of the surviving spouse, minor child or minor children of the decedent and the nature, character and obligations of the estate. The duration of the homestead must be designated in the order setting it apart and may not extend beyond the lifetime of the surviving spouse or the minority of any child of the decedent, whichever is longer. A homestead so set apart then vests, subject to the setting apart:
(a) If set apart from the separate property of the decedent, in the heirs or devisees of the decedent.
(b) If set apart from community property, one-half in the surviving spouse and one-half in the devisees of the decedent, or if no disposition is made, then entirely in the surviving spouse.
3. In either case referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, unless the debt or liability is secured by a mortgage or lien.
[115:107:1941; 1931 NCL § 9882.115]—(NRS A 1965, 60; 1973, 191; 1983, 667; 1999, 2304; 2009, 1629; 2023, 1315)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.010 - Notice to creditors.

A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020.
[Part 119:107:1941; A 1951, 464] + [134:107:1941; 1931 NCL § 9882.134]—(NRS A 1975, 1773; 1987, 781; 1999, 2308)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.020 - Death, resignation or removal of personal representative after expiration of time for notice: No further notice necessary.

If a personal representative dies, resigns or is removed after the expiration of the time for the publication or mailing of notice to creditors, the successor need not give any further notice to creditors.
[Part 119:107:1941; A 1951, 464]—(NRS A 1987, 782; 1999, 2308)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.030 - Filing of notice and affidavit of publication or certificate of mailing.

After the notice to creditors has been mailed or published, a copy, with the affidavit of publication or, if notice is mailed, with a certificate of mailing, must be filed with the clerk.
[Part 119:107:1941; A 1951, 464]—(NRS A 1985, 244; 1987, 782; 1999, 2308)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.040 - Claims: Limit on time for filing.

1. A person having a claim, due or to become due, against the decedent must file the claim with the clerk within 90 days after the mailing for those required to be mailed, or 90 days after the first publication of the notice to creditors pursuant to NRS 155.020.
2. A creditor who receives a notice to creditors by mail pursuant to subsection 5 of NRS 155.020 must file a claim with the clerk within 30 days after the mailing or 90 days after the first publication of notice to creditors pursuant to NRS 155.020, whichever is later.
3. If a claim is not filed with the clerk within the time allowed by subsection 1 or 2, the claim is forever barred, but if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020 or actual notice of the administration of the estate, the claim may be filed at any time before the filing of the final account.
4. The period of 90 days prescribed by this section is reduced to 60 days if summary administration is granted under chapter 145 of NRS.
[Part 120:107:1941; 1931 NCL § 9882.120]—(NRS A 1975, 1774; 1987, 782; 1999, 2308)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.050 - Claims of personal representative.

1. If a personal representative is a creditor of the decedent, the claim must be filed with the clerk, who must present it for allowance or rejection to the court. Its allowance by the court is sufficient evidence of its correctness, and it must be paid as other claims in due course of administration.
2. If the court rejects the claim, action thereon may be brought by the personal representative as claimant against the estate, and summons must be served upon the court, which shall appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover, the claimant must pay all costs, including reasonable attorney’s fees for the estate, to be fixed by the court.
[Part 122:107:1941; 1931 NCL § 9882.122]—(NRS A 1999, 2308)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.060 - Claims of district judge.

1. If a judge of the district court files or presents a claim against the estate of a decedent, the administration of which is pending before that judge, the judge must designate, in writing, some other district judge who, upon presentation of the claim, is vested with power to approve or reject it.
2. In case of its rejection by the designated judge, the claimant has the same right to bring an action for its recovery as other persons whose claims are rejected.
[Part 122:107:1941; 1931 NCL § 9882.122]—(NRS A 1999, 2309)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.070 - Claims for $250 or more must be supported by affidavit; correction or amendment of defective claim or affidavit.

1. A claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by a personal representative to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4. The oath may be taken before any person authorized to administer oaths.
5. The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6. Except as otherwise provided in subsection 7, the court may, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account, but an amendment may not be made to increase the amount of a claim after the time for filing a claim has expired.
7. The court shall allow the Department of Health and Human Services to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the Department identifies after the original claim has been filed.
[121:107:1941; 1931 NCL § 9882.121]—(NRS A 1967, 361; 1979, 454; 1985, 1214; 1999, 879, 2309; 2003, 884)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.080 - Claims founded on written instrument or secured by mortgage or lien.

1. If a claim is founded upon a bond, bill, note or other instrument, the original instrument need not be filed, but a copy, with all endorsements, must be attached to the statement of the claim and filed therewith.
2. If a claim is secured by a mortgage or lien, a certified copy of the mortgage or lien must be attached to the claim and filed with the clerk.
[Part 123:107:1941; A 1953, 505]—(NRS A 1999, 2309)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.090 - Effect of statute of limitations.

A claim which is barred by the statute of limitations must not be allowed or approved by a personal representative or by the court. No claim which has been timely filed is affected by the statute of limitations, pending the administration of the estate.
[125:107:1941; 1931 NCL § 9882.125]—(NRS A 1997, 1490; 1999, 2310)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.100 - Actions and proceedings pending against decedent or property in estate of decedent.

1. Except as otherwise ordered by the court for good cause shown, an action or proceeding pending against a decedent at the time of the decedent’s death may not be continued against the decedent’s personal representative unless:
(a) A claim is first filed as provided in this chapter;
(b) The claim is rejected in whole or in part; and
(c) Within 60 days after notice of rejection is given, the claimant who is the plaintiff applies to the court in which the action or proceeding is pending for an order substituting the personal representative in the action or proceeding. This requirement applies only if the notice of rejection contains a statement that the claimant has 60 days within which to apply for an order of substitution.
2. No recovery may be allowed in an action against property in the estate of a decedent unless proof is made of compliance with this section.
[129:107:1941; 1931 NCL § 9882.129]—(NRS A 1999, 2310)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.110 - Examination of claims by personal representative: Allowance or rejection; effect of failure to act on claims; untimely claims.

1. Within 15 days after the time for filing claims has expired, as provided in this chapter, the personal representative shall examine all claims filed and shall either endorse on each claim an allowance or rejection, with the day and the year thereof, or shall file a notice of allowance or rejection with the date and the year thereof, and the notice of allowance or rejection must be attached to the claim allowed or rejected and filed with the clerk.
2. If a personal representative refuses or neglects to endorse on a claim an allowance or rejection within 15 days, as specified in this section, or does not file a notice of allowance or rejection, the claim shall be deemed rejected, but the personal representative may, nevertheless, allow the claim at any time before the filing of the final account.
3. A personal representative need not allow or reject a claim that was not timely filed unless the court otherwise orders.
[Part 123:107:1941; A 1953, 505]—(NRS A 1999, 879, 2310; 2001, 2347)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.130 - Rejection of claim; notice; time to file suit; procedure for rejected claim; service of summons; removal of personal representative for default.

1. If a claim is rejected by the personal representative or the court, in whole or in part, the claimant must be immediately notified by the personal representative, and the claimant must bring suit in the proper court against the personal representative within 60 days after the notice or file a timely petition for determination of the validity of the claim pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. A claimant must be informed of the rejection of the claim by written notice forwarded to the claimant’s mailing address by registered or certified mail.
2. If a claim is rejected by the personal representative, a creditor may, within 20 days after receipt of the written notice of rejection, petition the court for determination of the validity of the claim in lieu of bringing suit against the personal representative pursuant to subsection 1. A petition for determination of the validity of the claim must be filed with the clerk, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010. Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
3. In any action brought upon a claim rejected in whole or in part by the personal representative, if the personal representative resides out of the State or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by the personal representative, with a copy to the attorney for the estate, and proof of the mailing must be filed with the clerk where the administration of the estate is pending. This service is the equivalent of personal service upon the personal representative, but he or she has 30 days from the date of service within which to answer.
4. If the personal representative defaults after such service, the default is sufficient grounds for his or her removal as personal representative by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his or her qualification as such, letters of administration or letters of administration with the will annexed must be issued.
[124:107:1941; 1931 NCL § 9882.124]—(NRS A 1969, 95; 1971, 317; 1983, 263; 1985, 115; 1995, 2575; 1999, 2311; 2003, 884; 2017, 1680)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.140 - Vacancy in administration.

The time during which there is a vacancy in the administration must not be included in any limitations prescribed in this chapter, except as otherwise provided in NRS 147.020.
[128:107:1941; 1931 NCL § 9882.128]—(NRS A 1999, 2312)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.150 - Claims must be filed and rejected; exception for lien or mortgage.

No holder of a claim against an estate may maintain an action thereon unless the claim is first filed with the clerk and the claim is rejected in whole or in part, except in the following case: An action may be brought by the holder of a lien or mortgage to enforce the lien or mortgage against the property of the estate subject thereto if all recourse against any other property of the estate is expressly waived in the complaint.
[Part 120:107:1941; 1931 NCL § 9882.120] + [Part 126:107:1941; 1931 NCL § 9882.126]—(NRS A 1999, 2312; 2017, 1681)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.160 - Offer of partial allowance of claim.

1. A personal representative who, or a court which, acts upon a filed claim shall endorse on the claim the amount offered to be allowed.
2. If the creditor refuses to accept the amount offered to be allowed in satisfaction of the claim, the creditor shall recover no costs in any action brought on the claim against the personal representative unless the creditor recovers a greater amount than that offered to be allowed.
[130:107:1941; 1931 NCL § 9882.130]—(NRS A 1999, 2312)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.170 - Reference of controversy.

1. If the personal representative doubts the correctness of any claim filed, the personal representative may enter into an agreement in writing with the claimant to refer the matter in controversy to some disinterested person, as a master, to be approved by the court, and the agreement and approval must be filed with the clerk. The court shall enter an order referring the matter in controversy to the person so selected, or if the parties consent, the matter may be heard by the court.
2. The master must hear and determine the matter and make a report to the court.
3. The same proceedings must be had in all respects, and the master has the same powers, is entitled to the same compensation and is subject to the same control as in other cases of reference.
4. The court may remove the master, appoint another, set aside or confirm the report, and adjudge costs, as in actions against personal representatives, and the judgment of the court thereon is as valid and effectual, in all respects, as if the judgment had been entered in an action commenced by ordinary process.
[Part 126:107:1941; 1931 NCL § 9882.126]—(NRS A 1999, 2312)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.180 - Compromise of claim or action against estate: Petition; notice of hearing; execution of conveyances.

1. After the time for the presentation of claims has expired, the personal representative, with the approval of the court, may compromise any claim against the estate or any action brought against the personal representative as such by the transfer of specific assets of the estate or otherwise.
2. To obtain such approval, the personal representative shall file a petition with the clerk showing the advantage of the compromise.
3. The clerk shall set the petition for hearing, and the personal representative shall give notice thereof for the period and in the manner required by NRS 155.010.
4. If, under this section, the court authorizes the transfer of real property of the estate, conveyances must be executed by the personal representative in the same manner as provided in NRS 148.280, and have the same force and effect as conveyances executed pursuant to that section.
5. A certified copy of the order authorizing the transfer must be recorded in the office of the recorder of the county in which the real property, or any portion thereof, is located.
[127:107:1941; 1931 NCL § 9882.127]—(NRS A 1999, 2313)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.190 - Reimbursement for costs.

If a judgment is recovered with costs against a personal representative, the costs must be allowed to the personal representative from the accounts of the administration, unless it appears that the action or proceeding in which the costs were taxed was prosecuted or resisted by the personal representative without cause.
[133:107:1941; 1931 NCL § 9882.133]—(NRS A 1999, 2313)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.195 - Debts and charges of estate: Priority of payment.

The debts and charges of the estate must be paid in the following order:
1. Expenses of administration.
2. Funeral expenses.
3. The expenses of the last illness.
4. Family allowance.
5. Debts having preference by laws of the United States.
6. Money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid.
7. Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months before the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.
8. Judgments rendered against the decedent in his or her lifetime, and mortgages in order of their date. The preference given to a mortgage extends only to the proceeds of the property mortgaged. If the proceeds of that property are insufficient to pay the mortgage, the part remaining unsatisfied must be classed with other demands against the estate.
9. All other demands against the estate.
(Added to NRS by 2003, 2513)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.200 - Status of judgment against estate.

1. The effect of a judgment rendered against a personal representative upon a claim for money against the estate of the decedent is only to establish the claim in the same manner as if it had been allowed by the personal representative, and the judgment must be that the personal representative pay, in due course of administration, the amount ascertained to be due.
2. A certified copy of the judgment must be filed in the estate proceedings.
3. No execution may issue upon the judgment, nor does it create any lien upon the property of the estate, nor give the judgment creditor any priority of payment.
4. This section does not apply to a judgment of foreclosure of a mortgage.
[131:107:1941; 1931 NCL § 9882.131]—(NRS A 1999, 2313)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.210 - Execution of judgment entered against decedent before decedent’s death; execution levied upon property of decedent during decedent’s lifetime; conversion of lien of attachment.

1. If a judgment has been entered against the decedent in the decedent’s lifetime, no execution may issue after death, but a certified copy of the judgment must be attached to the statement of claim filed with the clerk and must be acted on as any other claim.
2. If an execution has been levied upon any property of the decedent in the decedent’s lifetime, the property may be sold for the satisfaction of the judgment, and the officer making the sale shall account to the personal representative for any surplus in his or her hands.
3. The lien of an attachment may be converted into the lien of a judgment on property in the estate subject to the lien of the attachment, with the same priority:
(a) If the judgment debtor dies after entry of judgment; or
(b) If judgment is entered after the death of the defendant,
in the action in which the property was attached.
[132:107:1941; 1931 NCL § 9882.132]—(NRS A 1999, 2314)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.220 - Interest on claims.

All claims paid bear interest from date of filing at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of filing, plus 2 percent, unless a different rate is applicable by contract or otherwise. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the amount of the claim is paid.
[Part 120:107:1941; 1931 NCL § 9882.120]—(NRS A 1977, 296; 1979, 830; 1981, 1859; 1987, 941; 1999, 2314)
2023 Nevada Revised Statutes › Chapter 147 - Presentation and Payment of Claims › NRS 147.230 - Personal representative not chargeable with debts of estate except under written agreement.

No personal representative is chargeable upon any special promise to assume liability for damages or to pay the debts of the decedent from his or her own assets, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by the personal representative, or by some other person thereunto specially authorized by the personal representative.
[202:107:1941; 1931 NCL § 9882.202]—(NRS A 1999, 2314)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.050 - Sale of property for certain purposes: No priority between personal and real property; method and order of sale.

In selling property to pay debts, devises, family allowance or expenses, there is no priority between personal and real property. When a sale of property of the estate is necessary for any such purpose, or when it is for the advantage, benefit and best interests of the estate and any interested persons that any property of the estate be sold, the personal representative may sell the property, either at public auction or private sale, using his or her discretion as to which property to sell first, except as otherwise provided in NRS 150.225 and 151.003.
[139:107:1941; 1931 NCL § 9882.139]—(NRS A 1999, 2315)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.060 - Confirmation of sale: Report; petition; notice.

1. Except as otherwise provided in NRS 148.170 and 148.180 and in summary administration under chapter 145 of NRS, all sales of property must be reported to the court and confirmed by the court before the title to the property passes. The report and a petition for confirmation of the sale must be made within 30 days after each sale.
2. The clerk shall set the petition for hearing by the court, and the petitioner shall give notice thereof for the period and in the manner required by NRS 155.010, or for such a period and in such manner as may be ordered by the court.
[140:107:1941; 1931 NCL § 9882.140]—(NRS A 1999, 2315)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.070 - Written objection: Hearing; proof of notice.

An interested person may file written objections to the confirmation of the sale and may be heard thereon, and may produce witnesses in support of the objections. Before an order is made confirming a sale, it must be proved to the satisfaction of the court that notice of the sale was given as prescribed by this chapter, and the order of confirmation must show that such proof was made.
[141:107:1941; 1931 NCL § 9882.141]—(NRS A 1999, 2316)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.080 - Sales under direction of will.

If property is directed by the will to be sold, or authority is given in the will to sell the property, the personal representative may sell it either at public auction or private sale, and with or without notice, as the personal representative may determine, but the personal representative must make a return of sales and obtain confirmation as in other cases. In either case, no title passes unless the sale is confirmed by the court, but the necessity of the sale, or its advantage or benefit to the estate or interested persons need not be shown. If directions are given in the will as to the mode of selling, or the particular property to be sold, those directions must be observed.
[142:107:1941; 1931 NCL § 9882.142]—(NRS A 1999, 2316)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.090 - Petition for order requiring sale.

If the personal representative neglects or refuses to sell any property of the estate when it is necessary or when it is for the advantage, benefit and best interests of the estate and interested persons, or if the personal representative is directed by the will to sell the property, an interested person may petition the court for an order requiring the personal representative to sell. The clerk shall set the petition for hearing by the court, and the petitioner shall give notice to the personal representative by citation served at least 5 days before the hearing.
[143:107:1941; 1931 NCL § 9882.143]—(NRS A 1999, 2316)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.100 - Neglect or misconduct of personal representative.

If there is neglect or misconduct in the proceedings of the personal representative in relation to any sale by which an interested person suffers damage, the person aggrieved may recover damages in an action upon the bond of the personal representative or otherwise.
[144:107:1941; 1931 NCL § 9882.144]—(NRS A 1999, 2316)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.105 - Contracts to find purchaser of personal property: Liability of personal representative; limitations on commission.

1. The personal representative may enter into a written contract with any bona fide agent, broker, or multiple group of agents or brokers to secure a purchaser for any personal property of the estate, and by that contract, the personal representative may grant an exclusive right to sell and shall provide for the payment to the agent, broker, or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured pursuant to the contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale. If the sale is confirmed to the purchaser, the contract is binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract, no personal liability is incurred by the personal representative, and no liability of any kind is incurred by the estate unless a sale is made and confirmed by the court.
3. Except as otherwise provided in subsection 4, the commission must not exceed 25 percent of the proceeds from the sale of any personal property pursuant to this section unless, before the sale of the personal property, the court approves a commission that exceeds 25 percent of the proceeds from the sale.
4. If a manufactured home or motor vehicle is sold pursuant to the provisions of this section, the commission for the sale of the manufactured home or motor vehicle must not exceed 10 percent of the proceeds from the sale.
5. As used in this section:
(a) "Commission" means all fees collected by an agent, broker or group of agents or brokers to secure a purchaser for any personal property of an estate pursuant to this section, including all fees for costs related to the sale of any personal property pursuant to this section.
(b) "Manufactured home" has the meaning ascribed to it in NRS 118B.015.
(Added to NRS by 2003, 2513; A 2005, 395)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.110 - Contracts to find purchaser of real property: Liability of personal representative; limitation on commission.

1. The personal representative may enter into a written contract with any bona fide agent, broker, or multiple group of agents or brokers to secure a purchaser for any real property of the estate, and by that contract, the personal representative may grant an exclusive right to sell and shall provide for the payment to the agent, broker, or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured pursuant to the contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale. If the sale is confirmed to the purchaser, the contract is binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract, no personal liability is incurred by the personal representative, and no liability of any kind is incurred by the estate unless a sale is made and confirmed by the court.
3. The commission must not exceed:
(a) Ten percent for unimproved real property.
(b) Seven percent for improved real property.
[145:107:1941; 1931 NCL § 9882.145]—(NRS A 1975, 1290; 1989, 326; 1999, 2316)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.120 - Division of commission upon confirmation of highest bid.

When an offer is presented for confirmation by the court, other offerors may submit higher bids and the court may confirm the highest bid. Except as otherwise provided in this section, upon confirmation, the real estate commission must be divided between the listing agent and the agent, if any, who procured the purchaser to whom the sale was confirmed, in accordance with the listing agreement. If the agent who procured the offer presented for confirmation by the court is not the agent who procured the purchaser to whom the sale was confirmed, then the real estate commission payable to the agent who procured the purchaser must be divided equally between the agent who procured the offer and the agent who procured the purchaser unless otherwise directed by the court.
[146:107:1941; 1931 NCL § 9882.146]—(NRS A 1975, 1290; 1995, 2770; 1999, 2317; 2009, 1629)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.130 - Sale of property subject to mortgage or other lien.

1. If real or personal property is sold that is subject to a mortgage or other lien which is a valid claim against the estate, the purchase money must be applied, after paying the necessary expenses of the sale:
(a) First to the payment and satisfaction of the mortgage or other lien; and
(b) The residue, if any, in due course of administration.
2. The application of the purchase money to the satisfaction of the mortgage or other lien must be made without delay, and the property is subject to the mortgage or other lien until the purchase money has been so applied.
[147:107:1941; 1931 NCL § 9882.147]—(NRS A 1999, 2317)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.140 - Disposition of proceeds of sale.

The purchase money, or so much thereof as is sufficient to pay the mortgage or other lien, with interest, and any lawful costs and charges thereon, may be paid to the clerk if the mortgagee or other lienholder cannot be found, whereupon the mortgage or other lien upon the property ceases, and the purchase money must be paid over by the clerk without delay, in payment of the expenses of sale, and in satisfaction of the obligation secured by the mortgage or other lien, and the surplus, if any, at once returned to the personal representative unless, for good cause shown, after notice to the personal representative, the court otherwise directs.
[148:107:1941; 1931 NCL § 9882.148]—(NRS A 1999, 2317)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.150 - Right of holder of lien on property to purchase it; receipt as payment pro tanto.

At a sale of real or personal property upon which there is a mortgage or lien, the holder thereof may become the purchaser, and the receipt for the amount due to the holder from the proceeds of the sale is a payment pro tanto.
[149:107:1941; 1931 NCL § 9882.149]—(NRS A 1999, 2317)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.160 - Sale of equity of estate in property: Procedure.

1. A personal representative may sell the equity of the estate in any property which is subject to a mortgage or lien and sell the property subject to the mortgage or lien, upon such proceedings as are prescribed in this chapter for the sale of like property.
2. If a claim has been filed upon the debt secured by the mortgage or lien, no such sale may be confirmed unless the holder of the claim, by a signed and acknowledged instrument filed in the matter of the estate, releases the estate from all liability upon the claim.
[150:107:1941; 1931 NCL § 9882.150]—(NRS A 1999, 2318)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.165 - Transfer of interest subject to Nevada Gaming Control Act to heir or devisee; procedure.

1. No interest subject to the jurisdiction of the Nevada Gaming Control Act may be transferred to any heir or devisee from probate until the heir or devisee has received all approvals necessary to hold or own such an interest from the Nevada Gaming Commission.
2. Such an heir or devisee must seek all such necessary approvals through the filing of all appropriate applications with the Nevada Gaming Control Board within 1 year after the interest becomes subject to probate or within such later period as the Chair of the Board determines in his or her sole and absolute discretion.
3. If any such heir or devisee fails to file full and complete applications for all such necessary approvals within 1 year after the interest becomes subject to probate or within such later period as the Chair of the Board determines, or if the Commission denies any application for such necessary approvals:
(a) The court shall immediately order that an appraisal of the interest must be conducted by two independent appraisers, one of whom must have experience appraising gaming assets. The costs of both appraisals must be paid by the estate.
(b) Within 30 days after receipt of both appraisals, the court shall offer and the entity in which the interest exists shall purchase the interest for cash at fair market value as determined by the court based upon the appraisals conducted pursuant to paragraph (a). The Commission may deem a failure to purchase the interest as offered to be a voluntary surrender of any gaming license, registration or approval held by the entity in which the interest exists.
(Added to NRS by 2009, 290)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.170 - Sale of perishable and depreciating property.

Perishable property and other personal property which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to provide the family allowance pending the receipt of other sufficient money, may be sold without notice, and title passes without confirmation, but the personal representative is responsible for the actual value of the property unless the personal representative obtains an order approving the sale before the closing of the estate.
[151:107:1941; 1931 NCL § 9882.151]—(NRS A 1999, 2318)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.180 - Sale of securities: Authorized by will or consent of devisees or heirs; authorized by court.

1. If the sale of securities is authorized by will or by consent of the devisees or heirs to whom the securities are to be distributed, the securities may be sold without notice, and title passes without confirmation, if the securities are sold upon an established securities exchange.
2. All other securities may be sold upon obtaining an order of the court. Upon the filing of a petition requesting such an order, the clerk shall set the matter for hearing and the petitioner shall give notice for the period and in the manner required by NRS 155.010, but the court may shorten the period or dispense with notice.
[152:107:1941; 1931 NCL § 9882.152]—(NRS A 1999, 2318)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.190 - Sale of other personal property: Publication; description of property; inspection.

1. Except as otherwise provided in subsection 3 and NRS 148.080, 148.170 and 148.180 and in summary administration under chapter 145 of NRS, a personal representative may sell personal property of the estate only after notice is published in a newspaper published in the county where the proceedings are pending, if there is such a newspaper, and if not, then in one having general circulation in the county, for 2 weeks, consisting of three publications 1 week apart, before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days. The notice shall include a brief description of the property to be sold, a place where bids or offers will be received, and a day on or after which the sale will be made.
2. Public sales may be made at the courthouse door, at some other public place, at the residence of the decedent or at a place designated by the personal representative, but no sale may be made of any personal property which is not available for inspection at the time of sale, unless the court otherwise orders.
3. If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate consent in writing, the court may waive the requirement of publication.
[153:107:1941; 1931 NCL § 9882.153]—(NRS A 1975, 1774; 1999, 2318; 2003, 2514)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.195 - Confirmation of sale: New appraisement; appraisal dispensed with under certain circumstances.

1. Except as otherwise provided in subsection 2, no sale of personal property at private sale may be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold, nor unless the personal property has been appraised within 1 year before the time of sale. If it has not been appraised, a new appraisement must be had, as in the case of an original appraisement of personal property. This may be done at any time before the sale or confirmation thereof.
2. If the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs consent in writing to sale without an appraisal, the requirement of an appraisal may be dispensed with.
(Added to NRS by 2003, 2513)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.210 - Interests in partnerships.

Partnership interests or interests belonging to an estate by virtue of any partnership formerly existing, an interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property.
[155:107:1941; 1931 NCL § 9882.155]—(NRS A 1975, 1774)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.220 - Notice of sale: Publication; court waiver of requirement of publication; posting; description of property.

1. Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.
2. The court may waive the requirement of publication if:
(a) The following persons consent in writing:
(1) The personal representative, if he or she is the sole devisee or heir of the estate;
(2) If the property is specifically devised in the will of the decedent, all devisees to whom the property is devised;
(3) If the property is not specifically devised in the will of the decedent, all residuary devisees; or
(4) In the case of an intestate estate, all heirs of the estate.
(b) The personal representative provides proof that the property has been publicly listed in a public property listing service for a period of not less than 30 days; or
(c) The estate is subject to a lien or mortgage on the property in excess of the value of the real property and the estate has entered into an agreement with the holder of the lien or mortgage to waive the deficiency and accept the net sales proceeds.
3. If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or some portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.
4. The property proposed to be sold must be described with common certainty in the notice.
[156:107:1941; A 1943, 50; 1931 NCL § 9882.156]—(NRS A 1999, 2319; 2001, 2348; 2017, 1681; 2023, 1318)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.230 - Public auction; postponement of sale.

1. A sale at public auction must be made in the county in which the real property is located, and if it is located in two or more counties, it may be sold in either. The sale must be made between the hours of 9 a.m. and 5 p.m. on the day named in the notice of sale, unless the sale is postponed.
2. If, at the time appointed for the sale, the personal representative determines that the sale should be postponed, it may be postponed from time to time, not to exceed 3 months. In case of a postponement, notice must be given by a public declaration at the time and place first appointed for the sale.
[157:107:1941; 1931 NCL § 9882.157]—(NRS A 1969, 275; 1999, 2319)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.240 - Private sale.

1. The notice of a private sale must state a place where bids or offers will be received, and a day on or after which the sale will be made, which must be at least 2 weeks after the first publication or posting of the notice, and the sale may not be made before that day, and must be made within 1 year thereafter, but if it is shown that it will be for the best interests of the estate, the court may, by an order, decrease the number of publications and shorten the time of notice, which may not, however, be less than 8 days, and may provide that the sale may be made on or after a day less than 2 weeks, but not less than 8 days after the first publication or posting of the notice, in which case the notice of sale and the sale may be made to correspond with the order.
2. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the personal representative personally at any time after the first publication or posting of the notice and before the making of the sale.
[158:107:1941; 1931 NCL § 9882.158]—(NRS A 1999, 2320)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.260 - Confirmation of sale: Requirement of appraisement; court waiver of requirement of appraisement under certain circumstances.

1. Except as otherwise provided in subsection 2, a sale of real property at a private sale must not be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold and the real property has been appraised within 1 year before the time of sale. If the property has not been appraised, a new appraisement must be performed, as in the case of an original appraisement of an estate, at any time before the sale or confirmation of the property.
2. The court may waive the requirement of an appraisement:
(a) For good cause shown;
(b) If the personal representative is the sole devisee or heir of the estate and consents in writing to sale without an appraisal;
(c) If the property is specifically devised in the will of the decedent, all devisees to whom the property is devised consent in writing to sale without an appraisal;
(d) If the property is not specifically devised in the will of the decedent, all residuary devisees consent in writing to sale without an appraisal; or
(e) In the case of an intestate estate, all heirs to the estate consent in writing to the sale without an appraisal,
in which case the personal representative may rely on the assessed value of the property for taxation in obtaining confirmation of the sale.
[160:107:1941; 1931 NCL § 9882.160]—(NRS A 1999, 2320; 2017, 1681; 2023, 1319)