reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 136 - Probate of Wills and Petitions for Letters › NRS 136.240 - Petition for probate; same requirement of proof as other wills; testimony of witnesses; rebuttable presumption concerning certain wills; prima facie showing that will was not revoked; order.

1. The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof.
2. If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.
3. In addition, no will may be proved as a lost or destroyed will unless its provisions are clearly and distinctly proved by two or more credible witnesses and it is:
(a) Proved to have been in legal existence at the death of the person whose will it is claimed to be and has not otherwise been revoked or destroyed without the knowledge, consent or ratification of such person; or
(b) Shown to have been fraudulently destroyed in the lifetime of that person.
4. The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the State.
5. Notwithstanding any provision of this section to the contrary:
(a) The production of a person’s lost or destroyed will, whose primary beneficiary is a nontestamentary trust established by the person and in existence at his or her death, creates a rebuttable presumption that the will had not been revoked.
(b) The production of a copy of a person’s lost or destroyed will, whose provisions are clearly and distinctly proved by two or more credible witnesses, creates a rebuttable presumption that the will had not been revoked.
(c) A person may overcome the presumption set forth in paragraph (a) or (b) only by proving by a preponderance of the evidence that the person whose will it is claimed to be destroyed the will with the intent to revoke the will before his or her death. In the absence of such evidence:
(1) The lost or destroyed will must be admitted to probate; and
(2) The court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence.
(d) For a lost or destroyed will to which the presumption set forth in paragraph (a) or (b) does not apply, if the proponent of a lost or destroyed will makes a prima facie showing that it was more likely than not left unrevoked by the person whose will it is claimed to be before his or her death, then the will must be admitted to probate in absence of an objection. If such prima facie showing has been made, the court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence in the absence of any objection.
6. If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.
[35:107:1941; 1931 NCL § 9882.35]—(NRS A 1999, 2266; 2009, 1624; 2017, 1673; 2019, 1853)
2023 Nevada Revised Statutes › Chapter 136 - Probate of Wills and Petitions for Letters › NRS 136.250 - Restraint of administration pending petition.

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration have been granted upon the estate of the decedent, or letters testamentary of any previous will of the decedent, the court may restrain the administration if necessary to protect the interests of devisees claiming under the lost or destroyed will.
[36:107:1941; 1931 NCL § 9882.36]—(NRS A 1999, 2267)
2023 Nevada Revised Statutes › Chapter 136 - Probate of Wills and Petitions for Letters › NRS 136.260 - Probate of foreign wills: Procedure.

1. A will duly proved, allowed and admitted to probate outside of this State may be admitted to probate and recorded in the proper court of any county in this State in which the testator left any estate.
2. When a copy of the will and the order admitting it to probate, duly certified, are presented by the personal representative, a nominee or any other interested person, with a petition for probate, the order and copy must be filed, and the clerk shall set a time for a hearing thereon, and notice must be given as required by law on a petition for the original probate of a domestic will pursuant to NRS 136.100.
3. If, upon the hearing, it appears to the satisfaction of the court that the will has been duly proved and admitted to probate outside this State, and that it was executed according to the law of the place in which it was made, or in which the testator was at the time domiciled, or in conformity with the laws of this State, it must be admitted to probate with the same force and effect as the original probate of a domestic will.
4. If a certified copy of a will from any jurisdiction where probate is not required by the laws of that jurisdiction, with the certificate of the legal custodian of the original will that the certified copy is a true copy and that the will has become operative by the laws of that jurisdiction, or a copy of a notarial will in possession of a notary in a foreign jurisdiction entitled to the custody of the will and required by the laws of that jurisdiction to retain custody of it, duly certified by the notary, is presented by the personal representative, a nominee of the personal representative or another interested person to the proper court in this State, the clerk shall set a time for a hearing thereon, and notice must be given as required by law on a petition for the original probate of a domestic will.
5. If it appears to the court that the will should be admitted to probate in this State, as the last will and testament of the decedent, the copy must be filed with the clerk, and the will has the same effect as if originally proved and admitted to probate in the court of this State.
[32:107:1941; 1931 NCL § 9882.32]—(NRS A 1973, 392; 1999, 2267)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.007 - Enforcement of declaratory judgment; validity of will not subject to challenge.

1. Except as otherwise provided in this section, if a declaratory judgment is entered under subsection 2 of NRS 30.040 during the lifetime of a decedent, declaring a document to be the valid will of the decedent, the validity of that will is not subject to challenge after the death of the decedent.
2. Nothing in this section shall be construed to:
(a) Prevent the appeal of a declaratory judgment entered pursuant to subsection 1; or
(b) Prohibit evidence that the will has been revoked or that the decedent executed a valid later will.
(Added to NRS by 2015, 3527)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.010 - Proceedings preliminary to trial.

1. The Attorney General or any interested person, including a devisee under a former will, may contest the will by filing written grounds of opposition to the probate thereof at any time before the hearing of the petition for probate. Personal notice must then be given by a citation directed to the heirs of the decedent and to all interested persons, including minors and incapacitated persons, wherever residing, directing them to plead to the contest within 30 days after service of the citation in the manner provided in NRS 155.050.
2. A person so served may interpose any defense or objection to the contest by any motion authorized by the Nevada Rules of Civil Procedure in civil actions. If the motion is granted, the court may allow the contestant 10 days within which to amend the contest. If the motion is denied, the petitioner and other interested persons, within 10 days after the receipt of written notice thereof, may jointly or separately answer the contest. The times specified in this section may be extended by the court.
[Part 18:107:1941; 1931 NCL § 9882.18]—(NRS A 1999, 2268)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.020 - Trial of contest: Jury; costs.

1. In the contest, the contestant is plaintiff and the petitioner is defendant. The written grounds of opposition constitute a pleading and are subject to the same rules governing pleadings as in the case of a complaint in a civil action.
2. An issue of fact involving the competency of the decedent to make a will, the freedom of the decedent at the time of the execution of the will from duress, menace, fraud or undue influence, the due execution and attestation of the will, or any other question substantially affecting the validity of the will, must be tried by the court unless one of the parties demands a jury. The party demanding the jury shall advance the jury costs.
3. Upon the determination of the contest, costs must be awarded in accordance with the provisions of chapter 18 of NRS.
[Part 18:107:1941; 1931 NCL § 9882.18]—(NRS A 1999, 2268)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.030 - Admissibility of testimony concerning declarations of testator.

In the contest, the testimony as to the declaration of a testator is admissible if contemporaneous with the execution of the will insofar as the declaration relates to the testator’s intention, state of mind, feelings, competency, and the existence or nonexistence of duress and undue influence.
[Part 18:107:1941; 1931 NCL § 9882.18]—(NRS A 1999, 2269)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.040 - Evidence of execution.

If the will is contested, all the subscribing witnesses who are present in the county and who are of sound mind must be produced and examined, or the death, absence or incapacity of any of them must be satisfactorily shown to the court. If none of the subscribing witnesses resides in the county, and the evidence of none of them can be produced, the court may admit the evidence of other witnesses to prove the due execution of the will and, as evidence of the execution, it may admit proof of the handwriting of the testator and of any of the subscribing witnesses.
[19:107:1941; 1931 NCL § 9882.19]—(NRS A 1999, 2269)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.050 - Verdict and judgment.

The jury must return a special verdict upon the issues submitted to them by the court; and upon the verdict, or upon the proof taken if a jury is waived, the court must render judgment, either admitting the will to probate or rejecting it.
[Part 18:107:1941; 1931 NCL § 9882.18]
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.060 - Order admitting will to probate.

If the court is satisfied upon the proof taken when heard by the court, or by the verdict of a jury if a jury is had, that the will was duly executed by the testator, who was at the time of sound and disposing mind and not under duress, menace, undue influence or fraudulent representation, the court, by order in writing, shall admit the will to probate.
[20:107:1941; 1931 NCL § 9882.20]—(NRS A 1999, 2269)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.070 - Perpetuation of testimony.

The testimony of each subscribing witness who has testified must be reduced to writing, signed in the form of an affidavit or deposition and filed with the court, and is admissible in evidence in any subsequent contest of the will if the witness has died or has permanently moved from the State.
[21:107:1941; 1931 NCL § 9882.21]—(NRS A 1999, 2269)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.080 - Persons qualified to contest will; filing of petition.

After a will has been admitted to probate, any interested person other than a party to a contest before probate or a person who had actual notice of the previous contest in time to have joined therein may, at any time within 3 months after the order is entered admitting the will to probate, contest the admission or the validity of the will. The contestant must file with the court in which the will was proved a petition containing the allegations of the contestant against the validity of the will or against the sufficiency of the proof, and requesting that the probate be revoked.
[22:107:1941; 1931 NCL § 9882.22]—(NRS A 1999, 2269)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.090 - Issuance of citation.

Upon filing a petition pursuant to NRS 137.080, the court shall order the issuance of a citation, directed to the personal representative and to all the devisees mentioned in the will, and the heirs, so far as known to the petitioner, including minors and incapacitated persons, or the personal representative of any such person who is dead, directing them to plead to the contest within 30 days after service of the citation.
[23:107:1941; 1931 NCL § 9882.23]—(NRS A 1999, 2269; 2017, 1674)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.100 - Service of citation; trial; revocation of letters.

The citation must be served and proceedings had thereunder as in the case of a contest before probate. If the jury finds or the court decides that the will is invalid or is not the last will of the testator, the court shall enter an order revoking the probate of the will and letters testamentary. Thereupon the powers of the personal representative cease, but the personal representative is not liable for any act done in good faith before the revocation.
[24:107:1941; 1931 NCL § 9882.24]—(NRS A 1999, 2270)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.110 - Costs.

If the probate is not revoked, the costs of trial must be paid by the contestant. If the probate is revoked, the costs must be paid by the party who resisted the revocation or out of the property of the decedent, as the court may direct in accordance with the provisions of chapter 18 of NRS.
[25:107:1941; 1931 NCL § 9882.25]—(NRS A 1999, 2270)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.130 - Probate of other will.

Failure to contest a will does not preclude the subsequent probate of a will executed later in point of time than the one previously admitted to probate.
[27:107:1941; 1931 NCL § 9882.27]—(NRS A 1999, 2270)
2023 Nevada Revised Statutes › Chapter 137 - Contests of Wills › NRS 137.140 - Appeal from final order.

An appeal from a final order determining the contest of a will is governed by the Nevada Rules of Appellate Procedure, and the notice of appeal must be filed with the clerk of the district court not later than 30 days after the date of service of written notice of entry of a final order. A party may make any motion after the determination that is provided by the Nevada Rules of Civil Procedure.
(Added to NRS by 1999, 2268; A 2001, 2343)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.010 - Powers of personal representative before issuance of letters.

1. If a will has been admitted to probate, the court shall direct letters thereon to issue to the personal representative named in the will, who shall appear and qualify.
2. No person has any power as a personal representative until he or she qualifies, except that, before letters are issued, he or she may pay the funeral charges and take necessary measures for the preservation of the estate.
[37:107:1941; 1931 NCL § 9882.37]—(NRS A 1999, 2270)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.020 - Qualifications of executor; letters with will annexed.

1. No person is qualified to serve as an executor who, at the time the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony, unless the court determines that such a conviction should not disqualify the person from serving in the position of an executor;
(c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of conflict of interest, drunkenness, improvidence, lack of integrity or understanding or other compelling reason; or
(d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this State. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed must be a resident of this State.
2. If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.
[38:107:1941; 1931 NCL § 9882.38]—(NRS A 1969, 1198; 1971, 148; 1975, 1767; 1995, 496; 1999, 2270; 2003, 2509, 2690; 2009, 1625; 2015, 3527)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.040 - Executor not specifically named may be appointed.

If it appears by the terms of a will that it was the intention of the testator to commit the execution of the will and the administration of the estate of the testator to any person as executor, that person, although not named executor, is entitled to letters testamentary in like manner as if that person had been named executor.
[39:107:1941; 1931 NCL § 9882.39]—(NRS A 1999, 2271)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.045 - Appointment of substitute executors and coexecutors.

1. A person who is named as executor under a will, either alone or with another or others, who is otherwise qualified to act under NRS 138.020, may appoint a substitute if:
(a) The person named in the will is unwilling or unable to undertake or continue the execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or the alternate designated in the will is unwilling or unable to serve.
2. A person named as alternate executor who is not disqualified under NRS 138.020 may appoint a substitute if:
(a) The named alternate is unwilling or unable to undertake or continue the execution of the will; and
(b) A named executor is disqualified or has not designated a substitute within 30 days after being notified that the named alternate is unwilling or unable to serve.
3. A qualified person who alone is named as the executor under a will may appoint a coexecutor if:
(a) The person named is unwilling or unable to undertake or continue the sole execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or the named alternate is unwilling or unable to serve.
4. The substitute or coexecutor, unless otherwise disqualified under this chapter, is entitled to letters testamentary in like manner as if the substitute or coexecutor had been named in the will.
(Added to NRS by 1969, 484; A 1981, 241; 1999, 2271)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.050 - Successor to corporate executor.

If the executor named in the will is a corporation or national banking association that has sold its business and assets to, or has consolidated or merged with, or is in any manner provided by law succeeded by, another corporation or national banking association authorized and qualified to act as executor, the court may issue letters thereon to the successor corporation or association as if the successor were named in the will.
[40:107:1941; 1931 NCL § 9882.40]—(NRS A 1999, 2271)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.060 - Objections to appointment.

1. An interested person may file objections in writing to the granting of letters testamentary to the person or persons named as executors, or any of them, and those objections must be heard and determined by the court.
2. A petition may also be filed for the issuance of letters of administration, with the will annexed, in all proper cases.
[41:107:1941; 1931 NCL § 9882.41]—(NRS A 1999, 2271)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.070 - Executor of deceased executor; account of deceased personal representative.

1. No executor of the will of a deceased executor, as such, is authorized to administer the estate of the first testator, but on the death of the sole or surviving executor of any last will, letters of administration with the will annexed of the estate of the first testator left unadministered must be issued. If no executor is named in the will, or if the sole executor or all the executors named therein are dead or incapacitated, or neglect or fail to apply for letters, or to appear and qualify, or die after the issuance of letters and before the completion of the administration, letters of administration with the will annexed must be granted.
2. The account of a deceased personal representative may be settled, duties may be terminated, and sureties may be released of liability subsequently incurred, upon the petition of either the attorney who represented the deceased personal representative in the probate or administration or upon the petition of any of the sureties, and upon such notice as the court directs.
[43:107:1941; 1931 NCL § 9882.43]—(NRS A 1999, 2272)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.080 - Failure to appoint all named executors.

If all the persons named as executors are not appointed by the court, those appointed have the same authority to perform every act and discharge every duty required by the will, and their acts are effectual for every purpose as if all had been appointed.
[Part 44:107:1941; 1931 NCL § 9882.44]—(NRS A 1999, 2272)
2023 Nevada Revised Statutes › Chapter 138 - Appointment of Personal Representatives › NRS 138.090 - Administrators with will annexed: Order of appointment; exceptions.

1. Except as otherwise provided in this section, administrators with the will annexed have the same authority as the executor named in the will would have had if the executor had qualified, and their acts are as effectual for every purpose. If a power or authority conferred upon the executor is discretionary, and is not expressly excluded by the will, it is conferred upon an administrator with the will annexed.
2. Except to the extent expressly provided for by the will, a provision of the will waiving the bond of a personal representative does not apply to an administrator with the will annexed.
3. Persons and their nominees and appointees are entitled to appointment as administrators with the will annexed in the same order of priority as in the appointment of administrators, except that:
(a) An heir who has been eliminated as a beneficiary or as a fiduciary under the terms of the will is not qualified to serve as an administrator with the will annexed; and
(b) The court has the discretion to disregard the order of priority set forth in subsection 1 of NRS 139.040 to favor the appointment of a beneficiary of the will who is given a larger share of the estate over a beneficiary, or his or her nominee, who is given a lesser share, and the court may exercise this discretion to appoint two or more beneficiaries, or their nominees, who have similar interests in the estate of the decedent as coadministrators with the will annexed.
[45:107:1941; 1931 NCL § 9882.45]—(NRS A 1999, 2272; 2015, 3527)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.010 - Qualifications.

No person is entitled to letters of administration if the person:
1. Is under the age of majority;
2. Has been convicted of a felony, unless the court determines that such a conviction should not disqualify the person from serving in the position of an administrator;
3. Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence, lack of integrity or understanding or other compelling reason;
4. Is not a resident of the State of Nevada, unless the person:
(a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or
(b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or
5. Is a banking corporation that is not authorized to do business in this State, unless the banking corporation:
(a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or
(b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.
[53:107:1941; 1931 NCL § 9882.53]—(NRS A 1960, 347; 1969, 1199; 1999, 2272; 2001, 2344; 2003, 2691; 2009, 1626; 2015, 3528)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.040 - Order of priority for right to appointment; priority of nominee.

1. Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:
(a) The surviving spouse.
(b) The children.
(c) A parent.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in the distribution of the estate.
(g) The public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable.
(h) Creditors who have become such during the lifetime of the decedent.
(i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if the person is:
(1) A resident of the State of Nevada or the person:
(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or
(II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or
(2) A banking corporation which is authorized to do business in this State or which:
(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or
(II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.
(b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled to appointment is a minor or an incapacitated person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incapacitated person as administrator.
[49:107:1941; A 1945, 175; 1949, 13; 1943 NCL § 9882.49]—(NRS A 1967, 1057; 1969, 1199; 1975, 1768; 1999, 2273; 2001, 2344; 2009, 1626; 2017, 785; 2019, 1543)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.050 - Nomination.

Administration may be granted upon petition to one or more qualified persons, although not otherwise entitled to serve, at the written request of the person entitled, filed in the court. The qualified person making the written request must provide his or her current address and telephone number in the written request. Failure to provide such information voids the written request.
[61:107:1941; 1931 NCL § 9882.61]—(NRS A 1960, 347; 1999, 2273; 2021, 968)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.060 - Relatives of whole blood preferred to those of half blood.

When there shall be several persons claiming and equally entitled to the administration, relatives of the whole blood are preferred to those of the half blood.
[50:107:1941; 1931 NCL § 9882.50]—(NRS A 1973, 634)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.080 - Failure to claim letters.

Letters of administration may be granted to any petitioner, even if it appears that there are other persons having priority for appointment, if the latter fail to appear and claim the issuance of letters to themselves after receiving due notice of the proceeding.
[60:107:1941; 1931 NCL § 9882.60]—(NRS A 1999, 2273)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.090 - Contents of petition; effect of defect.

1. A petition for letters of administration must be in writing, signed by the petitioner or the attorney for the petitioner and filed with the clerk of the court, and must state:
(a) The jurisdictional facts;
(b) The names and addresses of the heirs of the decedent and their relationship to the decedent, so far as known to the petitioner, and the age of any who is a minor;
(c) The character and estimated value of the property of the estate;
(d) The names and personal addresses of the proposed appointed administrators and the name and personal address of any associated coadministrator under paragraph (a) of subsection 2 of NRS 139.040 or, if the coadministrator is an attorney who is licensed in this State or a banking corporation authorized to do business in this State, the business address of the coadministrator; and
(e) Whether the person to be appointed as administrator has been convicted of a felony.
2. No defect of form or in the statement of jurisdictional facts actually existing voids an order appointing an administrator or any of the subsequent proceedings.
[55:107:1941; 1931 NCL § 9882.55]—(NRS A 1985, 2036; 1995, 2770; 1999, 2274; 2009, 1627; 2021, 968)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.100 - Clerk to set petition for hearing; notice of hearing.

The clerk shall set the petition for hearing, and notice must be given to the heirs of the decedent, the Director of the Department of Health and Human Services as provided in NRS 155.020 and, if the petitioner is not the surviving spouse or any kindred specified in NRS 139.040 or nominated by the surviving spouse or any such kindred, the public administrator of the county or a person employed or contracted with pursuant to NRS 253.125, as applicable. The notice must state the filing of the petition, the object and the time for hearing.
[56:107:1941; 1931 NCL § 9882.56]—(NRS A 1975, 1768; 1995, 2572; 1999, 2274; 2003, 880; 2021, 969)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.110 - Right of contest: Filing of counterpetition; notice and hearing.

An interested person may contest the petition by filing a written opposition on the ground that the petitioner is not qualified or may assert the contestant’s own right to the administration and request that letters be issued to the contestant. In the latter case, the contestant must file a petition and give the notice required for the original petition, and the court must hear the two petitions together.
[57:107:1941; 1931 NCL § 9882.57]—(NRS A 1999, 2274)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.120 - Facts to be proved.

Before letters are granted, the fact of death and that the decedent died intestate, and that notice has been given as required in this chapter, must be proved by the evidence of the petitioner or others. The court may also examine the petitioner or any other person concerning the time, place and manner of death, the place of the decedent’s residence at the time of death, the character and value of the decedent’s property, and whether or not the decedent left a will, and the court may compel any person to attend as a witness for that purpose.
[58:107:1941; 1931 NCL § 9882.58]—(NRS A 1999, 2274)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.130 - Entry in minutes or written order conclusive evidence of notice.

An entry in the minutes or in the written order appointing the administrator that proof was made and that notice had been given according to law is conclusive evidence of the fact of such notice.
[59:107:1941; 1931 NCL § 9882.59]—(NRS A 1999, 2274)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.135 - Circumstances in which agreement between heir finder and apparent heir is void and unenforceable.

1. An agreement between an heir finder and an apparent heir, the primary purpose of which is to locate, recover or assist in the recovery of an estate for which the public administrator or person employed or contracted with pursuant to NRS 253.125, as applicable, has petitioned for letters of administration, is void and unenforceable if the agreement is entered into during the period beginning with the death of the person whose estate is in probate until 90 days thereafter. Upon a showing of good cause, the court may extend such a period until 180 days after the death of the person.
2. As used in this section, "heir finder" means a person who, for payment of a fee, assignment of a portion of any interest in a decedent’s estate or other consideration, provides information, assistance, forensic genealogy research or other efforts related to another person’s right to or interest in a decedent’s estate. The term does not include:
(a) A person acting in the capacity of a personal representative or guardian ad litem;
(b) A person appointed to perform services by a probate court in which a proceeding in connection with a decedent’s estate is pending; or
(c) An attorney providing legal services to a decedent’s family member if the attorney has not agreed to pay to any other person a portion of the fees received from the family member or the family member’s interest in the decedent’s estate.
(Added to NRS by 2011, 1678; A 2017, 1674; 2019, 1544)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.140 - Right of person with priority to petition for revocation and reissuance of letters.

When letters of administration have been granted to any person other than the surviving spouse or the spouse’s nominee, or the child, parent, brother or sister of the decedent, any one of them, if otherwise qualified, may obtain the revocation of the letters by presenting to the court a petition requesting the revocation, and that letters of administration be issued to the petitioner.
[62:107:1941; 1931 NCL § 9882.62]—(NRS A 1999, 2274; 2017, 786)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.150 - Procedure.

1. If a petition for revocation is filed, notice must be given as in the case of an original petition, and the petitioner shall serve a citation on the administrator to appear and answer the petition at the time appointed for the hearing. The citation must be served on the administrator in accordance with NRS 155.050 at least 10 days before the date of the hearing.
2. At the time appointed, upon proof that the citation, together with a copy of the petition, has been duly served and notice given as required in subsection 1, the court shall take evidence upon the petition, and if the right of the petitioner is established, and the petitioner is qualified, letters of administration must be granted to him or her and the letters of the former administrator revoked. The former administrator shall promptly file an accounting in accordance with NRS 150.080.
[63:107:1941; 1931 NCL § 9882.63]—(NRS A 1999, 2275)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.160 - Assertion of prior right.

The surviving spouse, or nominee of the surviving spouse, when letters of administration have been granted to a child, parent, brother or sister of the decedent, or any of those relatives, when letters have been granted to any other of them, may assert the prior right of the spouse or nominee, and obtain letters of administration, and have the previous letters revoked in the manner prescribed in NRS 139.150.
[64:107:1941; 1931 NCL § 9882.64]—(NRS A 1999, 2275)
2023 Nevada Revised Statutes › Chapter 139 - Appointment of Administrators › NRS 139.170 - Discretion of court.

The court may refuse to grant letters of administration as provided in this chapter to any person or to the nominee of any person who had actual notice of the first petition and an opportunity to contest it.
[65:107:1941; 1931 NCL § 9882.65]—(NRS A 1999, 2275)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.010 - Causes for appointment.

The court shall appoint a special administrator to collect and take charge of the estate of the decedent, in whatever county or counties the estate may be found, and to exercise such other powers as may be necessary to preserve the estate or any rights or privileges belonging to the decedent:
1. If there is a delay in granting letters testamentary or letters of administration, from any cause.
2. If letters are granted irregularly.
3. If no sufficient bond is filed as required by the court.
4. If no petition is filed for letters.
5. If an executor or administrator dies or is suspended or removed, and the circumstances of the estate require the immediate appointment of a personal representative.
6. If there may be no assets subject to administration but good cause exists for the appointment of a personal representative of the decedent.
7. In any other proper case.
[82:107:1941; 1931 NCL § 9882.82]—(NRS A 1999, 2275; 2017, 1675)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.020 - Notice and order of appointment; order not appealable.

1. The appointment of a special administrator may be made at chambers or in open court, and without notice or upon such notice to such interested persons as the court deems reasonable, and must be made by entry upon the minutes of the court or by written order signed and filed, which must specify the powers to be exercised by the special administrator.
2. Upon the filing of the order, and after the person appointed has given bond if fixed by the court, the clerk shall issue special letters of administration, with a copy of the order attached.
3. In making the appointment of a special administrator, the court:
(a) Must appoint a person who satisfies the qualifications set forth in NRS 139.010; and
(b) May give preference to the person or persons entitled to letters testamentary or letters of administration, but no appeal may be taken from the appointment.
[83:107:1941; 1931 NCL § 9882.83] + [84:107:1941; 1931 NCL § 9882.84]—(NRS A 1999, 2276; 2009, 1627)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.030 - Bond and oath.

Before letters issue to a person as a special administrator, the person must:
1. Give bond in such sum as the court directs, with sureties to the satisfaction of the court, conditioned for the faithful performance of the duties, unless the court waives bond, with or without conditions, or dispenses the bond and alternatively requires the establishment of a blocked account; and
2. Take the usual oath of office.
[85:107:1941; 1931 NCL § 9882.85]—(NRS A 1999, 2276; 2017, 1675)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.040 - Powers, duties and immunity from liability for certain claims.

1. A special administrator shall:
(a) Collect and preserve for the executor or administrator when appointed all the goods, chattels and receivables of the decedent, and all incomes, rents, issues, profits, claims and demands of the estate.
(b) Take charge and management of the real property and enter upon and preserve it from damage, waste and injury.
2. A special administrator may:
(a) For all necessary purposes, commence, maintain or defend actions and other legal proceedings as a personal representative.
(b) Without prior order of the court, sell any perishable property of the estate, as provided in NRS 148.170.
(c) Exercise such other powers as have been conferred by the order of appointment.
(d) Obtain leave of the court to borrow money or to lease or mortgage real property in the same manner as an executor or administrator.
3. A special administrator is not liable:
(a) To any creditor on any claim against the estate; or
(b) For any claim against the decedent except a claim involving wrongful death, personal injury or property damage if the estate contains no assets other than a policy of liability insurance.
[Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1971, 647; 1983, 668; 1999, 2276)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.050 - Payment of mortgage or lien; payment of interest.

1. If any property in the control or possession of a special administrator is subject to a mortgage or lien to secure the payment of money, and there is danger that the holder of the security may enforce or foreclose the encumbrance, and the value of the property exceeds the amount of the obligation thereon, then, upon petition of the special administrator or an interested person and upon such notice as the court deems proper, the court may authorize or direct the special administrator to make one or more payments on all or any part of the amount so secured.
2. The order may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover such future interest unless and until for good cause set aside or modified by the court upon petition and notice, in the same manner as an executor or administrator.
[Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1999, 2277)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.060 - Appointment pending contest of will or appeal from order; appointment before contest of will.

1. If a special administrator is appointed pending determination of a contest of a will instituted before it is admitted to probate, or pending an appeal from an order appointing, suspending or removing an executor or administrator, the special administrator has the same powers, duties and obligations as an executor or administrator, and the letters of administration issued to the special administrator must recite that the special administrator is appointed with those powers.
2. If a special administrator has been appointed, and thereafter a proceeding to contest a will before it is admitted to probate has been instituted, the court shall enter an order granting to the special administrator the additional powers, duties and obligations of an executor or administrator and requiring such additional bond as the court deems proper. The order is not appealable.
[87:107:1941; 1931 NCL § 9882.87]—(NRS A 1999, 2277)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.070 - Effect of grant of letters testamentary or letters of administration.

If letters testamentary or letters of administration are granted, the powers of a special administrator cease, and the special administrator shall immediately deliver to the executor or administrator all the property and effects of the decedent in the possession of the special administrator and the executor or administrator may prosecute to final judgment any action commenced by the special administrator.
[88:107:1941; 1931 NCL § 9882.88]—(NRS A 1999, 2277)
2023 Nevada Revised Statutes › Chapter 140 - Special Administrators › NRS 140.080 - Account of special administrator.

A special administrator shall also render an account, under oath, of the proceedings in like manner as other administrators are required to do, but if a person serving as special administrator is appointed the succeeding administrator or the executor, the accounting otherwise due from the special administrator may be included in the first accounting as administrator or executor.
[89:107:1941; 1931 NCL § 9882.89]—(NRS A 1975, 1769; 1981, 520; 1999, 2277)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.010 - Signing and sealing; requirements for estate that includes real property.

1. Letters testamentary, letters of administration with the will annexed, letters of special administration and letters of administration must be signed by the clerk and under the seal of the court.
2. If the estate of a decedent includes real property, a copy of the letters testamentary, letters of administration with the will annexed, letters of special administration or letters of administration, certified by the clerk of the court, must be recorded in the office of the recorder of each county in which real property of the estate is located. A cover sheet must be attached to the copy of the letters and:
(a) Must contain:
(1) The name and address of the administrator, executor or personal representative named in the letters;
(2) The assessor’s parcel number and the address of the real property of the estate; and
(3) If the estate includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.
(b) May contain the telephone number of the administrator, executor or personal representative named in the letters.
3. As used in this section:
(a) "Manufactured home" has the meaning ascribed to it in NRS 489.113.
(b) "Mobile home" has the meaning ascribed to it in NRS 489.120.
[46:107:1941; 1931 NCL § 9882.46] + [Part 66:107:1941; 1931 NCL § 9882.66]—(NRS A 1999, 2279; 2011, 2410)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.020 - Letters testamentary.

Letters testamentary may be in substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters Testamentary
.......................................................... )
On .… (day) …… (month) …… (year), the court entered an order admitting the decedent’s will to probate and appointing
(name)
as executor of the decedent’s estate. The order includes:
[ ] a directive for the establishment of a blocked account for sums in excess of $……;
[ ] a directive for the posting of a bond in the sum of $…….; or
[ ] a directive for both the establishment of a blocked account for sums in excess of $……. and the posting of a bond in the sum of $……..
The executor, after being duly qualified, may act and has the authority and duties of an executor.
In testimony of which, I have this date signed these letters and affixed the seal of the court.
CLERK OF THE COURT
By .........................................
Deputy Clerk (date)
OATH
I,………………………………………………………, whose mailing address is ………………………………………….………, solemnly affirm that I will faithfully perform according to law the duties of executor, and that all matters stated in any petition or paper filed with the court by me are true of my own knowledge or, if any matters are stated on information and belief, I believe them to be true.
...............................................
Executor
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ……… (year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ...................................................
NOTARY PUBLIC
County of ……… State of ...........
[47:107:1941; 1931 NCL § 9882.47]—(NRS A 1999, 2279; 2001, 164)