reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.0967 - Jurisdiction over assets of estate or trust of decedent; jurisdiction over certain persons; sanctions.

1. In a proceeding involving the estate of a decedent or a testamentary trust, the court has jurisdiction over the assets of the estate or trust as a proceeding in rem.
2. In addition to any other basis for claiming jurisdiction over a person, the court has personal jurisdiction over each person:
(a) Who is appointed as a personal representative by the court;
(b) Whose appointment as a trustee is confirmed by the court;
(c) Who files with the court a petition, a motion, other than a motion for dismissal for lack of jurisdiction, an objection or a joinder to a petition or motion;
(d) Who makes an appearance at a hearing of a proceeding involving the estate of a decedent or a testamentary trust, unless the appearance is made solely for the purpose of objecting to the jurisdiction of the court; or
(e) Who is a party to a proceeding commenced by a petition filed pursuant to NRS 153.031 if notice is given pursuant to NRS 155.010.
3. Sanctions against a person that are imposed by the court pursuant to any provision of law or the terms of a will or testamentary trust are limited to that person’s interest in the estate or trust unless the court has personal jurisdiction over that person.
(Added to NRS by 2015, 3533)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.097 - Validity; circumstances in which transfer is presumed void; rebuttable presumption; exceptions.

1. Regardless of when a transfer instrument is made, to the extent the court finds that a transfer was the product of fraud, duress or undue influence, the transfer is void and each transferee who is found responsible for the fraud, duress or undue influence shall bear the costs of the proceedings, including, without limitation, reasonable attorney’s fees.
2. Except as otherwise provided in subsection 4 and NRS 155.0975, a transfer is presumed to be void if the transfer is to a transferee who is:
(a) The person who drafted the transfer instrument;
(b) A caregiver of the transferor who is a dependent adult;
(c) A person who materially participated in formulating the dispositive provisions of the transfer instrument or paid for the drafting of the transfer instrument; or
(d) A person who is related to, affiliated with or subordinate to any person described in paragraph (a), (b) or (c).
3. The presumption created by this section is a presumption concerning the burden of proof and may be rebutted by proving, by clear and convincing evidence that the donative transfer was not the product of fraud, duress or undue influence.
4. The provisions of subsection 2 do not apply to a transfer instrument that is intended to effectuate a transfer:
(a) After the transferor’s death, unless the transfer instrument is made on or after October 1, 2011; or
(b) During the transferor’s lifetime, unless the transfer instrument is made on or after October 1, 2015.
(Added to NRS by 2011, 1460; A 2015, 3536)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.098 - Common law.

The provisions of NRS 155.097 and 155.0975 do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of NRS 155.097 and 155.0975.
(Added to NRS by 2011, 1461)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.110 - Transcripts of minutes or copies of order and certificate of clerk have same force as letters.

1. A transcript from the minutes of court, or a copy of the signed order of the court, showing the appointment of any person as personal representative, together with the certificate of the clerk that the person has given bond, if required, and has been qualified, and that letters have been issued to him or her, and have not been revoked, has the same effect in evidence as the letters themselves.
2. A copy of the letters, with like certificate, has the same effect.
[95:107:1941; 1931 NCL § 9882.95]—(NRS A 1999, 2362)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.120 - Recordation of order setting apart homestead.

If an order is entered setting apart a homestead, a certified copy of the order shall be recorded in the office of the county recorder of the county where the property is located.
[292:107:1941; 1931 NCL § 9882.292]—(NRS A 1999, 2362)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.123 - Temporary restraining orders or injunctions issued to protect assets of estate or trust.

In accordance with the provisions of NRS 33.010 and the Nevada Rules of Civil Procedure, and upon such terms and conditions as the court deems just and appropriate, the court may issue a temporary restraining order or an injunction to preserve and protect assets of the estate or trust.
(Added to NRS by 1999, 2358)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.127 - Order nunc pro tunc to correct previous order: Issuance; form; use of original order; manner of correction.

1. If through inadvertence or mistake an order entered fails to state correctly the order made by the court, and the inadvertence or mistake is brought to the attention of the court by petition or the court acts on its own motion, the court may enter an order nunc pro tunc correcting the previous order.
2. The order nunc pro tunc must be in the form of an amended order and bear the caption "Amended Order of ....." The body of the amended order must be identical to the order being corrected, except for the correction, and conclude with language substantially as follows: "This is an order nunc pro tunc correcting the previous order of ...., dated ....."
3. If the order to be amended is many pages in length, the court may cause to be filed a document captioned "Amendment to Order of ...." which addresses only the correction, together with sufficient language to identify the correction, and concludes with the same language as an amended order. Such an amendment to an order must be accompanied by a verified petition, or an affidavit of counsel, specifying the reasons for the correction.
4. The original order may not be physically changed, but must be used in conjunction with the order nunc pro tunc correcting it. In making corrections in the amendment document, a complete clause or sentence must be stricken and replaced, even if the only change is to correct a single word or figure.
(Added to NRS by 1999, 2358; A 2001, 164)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.150 - Issues of fact and questions of costs.

1. All issues of fact in matters of an estate must be disposed of in the same manner as is by law provided upon the trial of issues of fact in a common-law action, but all matters must be tried by the court except as otherwise provided in NRS 137.020.
2. All questions of cost may be determined by the court, and execution may issue therefor in accordance with the order of the court.
[290:107:1941; 1931 NCL § 9882.290]—(NRS A 1999, 2363)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.160 - Responses and objections to proceedings.

1. An interested person may appear and make a response or objection in writing at or before the hearing.
2. An interested person may appear and make a response or objection orally at the hearing. The court may hear and determine the response or objection at the hearing or grant a continuance to allow the response or objection to be made in writing.
3. If the court is not in session at the time set for the hearing of any matter concerning the settlement of the estate of a decedent, anyone opposing the petition therein made may file objections thereto with the clerk.
[323:107:1941; 1931 NCL § 9882.323]—(NRS A 1999, 2363)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.165 - Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances.

1. The court may find that a person, including, without limitation, a personal representative or trustee, is a vexatious litigant if the person files a petition, objection, motion or other pleading which is without merit, intended to harass or annoy the personal representative or a trustee or intended to unreasonably oppose or frustrate the efforts of an interested person who is acting in good faith to enforce his or her rights. The court may find that a personal representative or trustee is a vexatious litigant if the personal representative or trustee has expended the funds of the estate or trust to unreasonably oppose the good faith efforts of an interested person to enforce his or her rights. In determining whether the person is a vexatious litigant, the court may take into consideration whether the person has previously filed pleadings in a proceeding that were without merit, intended to harass or annoy a fiduciary or intended to unreasonably oppose or frustrate the efforts of an interested person who is acting in good faith to enforce his or her rights.
2. If a court finds that a person is a vexatious litigant pursuant to subsection 1, the court may impose sanctions on the person in an amount sufficient to reimburse the estate or trust for all or part of the expenses, including, without limitation, reasonable attorney’s fees, incurred by the estate or trust to respond to the petition, objection, motion or other pleading and for any other pecuniary losses which are associated with the actions of the vexatious litigant. If a court finds that a personal representative or trustee is a vexatious litigant, the court may remove the personal representative or trustee and any sanctions imposed by the court must be imposed against the personal representative or trustee personally and not against the estate or trust. The court may make an order directing entry of judgment for the amount of such sanctions.
3. The court may deny standing to an interested party to bring a petition or motion if the court finds that:
(a) The subject matter of the petition or motion is unrelated to the interests of the interested party;
(b) The interests of the interested party are minimal as it relates to the subject matter of the petition or motion; or
(c) The interested party is a vexatious litigant pursuant to subsection 1.
4. If a court finds that a person is a vexatious litigant pursuant to subsection 1, that person does not have standing to:
(a) Object to the issuance of letters; or
(b) Request the removal of a personal representative or a trustee.
(Added to NRS by 2011, 1461; A 2015, 3537)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.170 - Civil procedure.

Unless otherwise ordered by the court, upon the filing of a proceeding pursuant to this title and service of the notice of hearing to other interested persons, an interested person who has appeared in the proceeding and given notice of his or her appearance to other interested persons:
1. May obtain discovery, perpetuate testimony or conduct examinations in any manner authorized by law or by the Nevada Rules of Civil Procedure relevant to such proceeding; and
2. Is not required to satisfy any rule requiring the initial disclosure of experts, attendance at an early case conference or the filing of a report on an early case conference as a prerequisite to commencing an action described in subsection 1.
[289:107:1941; 1931 NCL § 9882.289]—(NRS A 1999, 2364; 2011, 1464)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.180 - Applicability of laws and rules regulating civil actions and appeals.

Except as otherwise specially provided in this title, all the provisions of law and the Nevada Rules of Civil Procedure regulating proceedings in civil cases apply in matters of probate, when appropriate, or may be applied as auxiliary to the provisions of this title. The Nevada Rules of Appellate Procedure regulating appeals in civil cases apply to appeals taken pursuant to NRS 155.190.
[319:107:1941; 1931 NCL § 9882.319]—(NRS A 1999, 2364)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.185 - Facsimile of petitions, notices, objections and other papers may be filed.

If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time.
(Added to NRS by 1999, 2358)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.190 - Appealable orders.

1. Except as otherwise provided in subsection 2, in addition to any order from which an appeal is expressly permitted by this title, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of entry of an order:
(a) Granting or revoking letters testamentary or letters of administration.
(b) Admitting a will to probate or revoking the probate thereof.
(c) Setting aside an estate claimed not to exceed $100,000 in value.
(d) Setting apart property as a homestead, or claimed to be exempt from execution.
(e) Granting or modifying a family allowance.
(f) Directing or authorizing the sale or conveyance or confirming the sale of property.
(g) Settling an account of a personal representative or trustee.
(h) Instructing or appointing a trustee.
(i) Instructing or directing a personal representative.
(j) Directing or allowing the payment of a debt, claim, devise or attorney’s fee.
(k) Determining heirship or the persons to whom distribution must be made or trust property must pass.
(l) Distributing property.
(m) Refusing to make any order mentioned in this section.
(n) Making any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $10,000.
(o) Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.
(p) Granting an order for conveyance or transfer pursuant to NRS 148.410.
2. If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal pursuant to this section runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed not later than 30 days after the date of service of written notice of entry of that order:
(a) A motion for judgment under Rule 50(b);
(b) A motion under Rule 52(b) to amend or make additional findings of fact;
(c) A motion under Rule 59 to alter or amend the judgment; or
(d) A motion for a new trial under Rule 59.
[293:107:1941; 1931 NCL § 9882.293]—(NRS A 1981, 463; 1983, 670; 1995, 19; 1997, 1494; 1999, 2364; 2001, 2349; 2009, 1635; 2013, 1748)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.195 - Effect of appeal of order.

Unless otherwise ordered by the court, an appeal pursuant to NRS 155.190 does not stay any order or proceeding in the estate or trust. The court may grant a stay, pending the appeal, of an order from which the appeal was taken, upon such bond, undertaking or conditions as it deems just or appropriate.
(Added to NRS by 1999, 2358)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.200 - No undertaking on appeal required of personal representative.

An appeal by a personal representative who has given an official bond as provided in this title is complete and effectual without an undertaking on appeal.
[295:107:1941; 1931 NCL § 9882.295]—(NRS A 1999, 2365)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.210 - Power of appellate court on appeal.

1. Upon an appeal, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may reverse, affirm or modify the order appealed from, and as to any or all of the parties, and order a remittitur as in other cases, and may order costs to be paid by any party to the proceeding, or out of the estate, as justice may require.
2. Execution for costs may issue out of the district court.
[294a:107:1941; 1931 NCL § 9882.294a]—(NRS A 1999, 2365; 2013, 1749)
2023 Nevada Revised Statutes › Chapter 155 - Notices, Transfers, Orders, Procedure and Appeals › NRS 155.220 - Reversal of order appointing personal representative.

If an order appointing a personal representative is reversed on appeal, all lawful acts in administration of the estate performed by the personal representative are as valid as if the order had been affirmed.
[Part 296:107:1941; 1931 NCL § 9882.296]—(NRS A 1999, 2365)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.010 - Presentment of petition for appointment of trustee; filing; appointment of day for hearing.

If any resident of this State, who owns or is entitled to the possession of any real or personal property situate therein, is missing, or the resident’s whereabouts is unknown, for 90 days or more, and a petition is presented to the district court of the county in which his or her last known residence was located by any member of the resident’s family or any friend, representing that his or her whereabouts has been, for such time, and still is, unknown, and that his or her estate requires attention, supervision and care of ownership, the court shall order such petition to be filed, and appoint a day for its hearing, not less than 10 days from the date of the order.
(Added to NRS by 1959, 504; A 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.020 - Notice of hearing: Publication by clerk; court may direct further notice.

The clerk of the court shall thereupon cause a notice to be published in some daily or weekly newspaper published in the county, at least 10 days prior to such hearing, stating that such petition will be heard at the courtroom of the court at the time appointed for the hearing. The court may direct further notice of the application to be given in such manner and to such persons as it may deem proper.
(Added to NRS by 1959, 505)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.030 - Hearing; appointment of trustee.

The court shall hear the evidence offered in support of or in opposition to the petition, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his or her whereabouts unknown, it shall appoint some suitable person as trustee to take charge and possession of such estate and manage and control it under the direction of the court.
(Added to NRS by 1959, 505)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.040 - Who may be appointed trustee.

In appointing such trustee, the court shall prefer the spouse of the missing person, or the spouse’s nominee, and, in the absence of a spouse, some relative of the missing person.
(Added to NRS by 1959, 505; A 1979, 143)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.060 - Trustee’s powers and duties; payments for family expenses or support.

1. The trustee shall take possession of the real and personal estate in this State of such missing person, and collect and receive the rents, income and proceeds thereof, collect all indebtedness owing to him or her, and pay such indebtedness of the missing person as may be authorized by the court.
2. The court may direct the trustee to pay to the family of the missing person such sums of money for family expenses and support from the income and principal of the estate as it may, from time to time, determine.
(Added to NRS by 1959, 505)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.070 - Accountings by trustee; removal and appointment of another trustee.

The trustee shall, when directed by the court, account to it for all his or her acts as trustee, and the court may, from time to time, upon good cause shown, remove any trustee, and appoint another in his or her place.
(Added to NRS by 1959, 505)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.080 - Sale or mortgage of property: Filing of petition by trustee; notice of hearing.

1. The trustee may sell any of the personal property or sell, mortgage or give a deed of trust upon any of the real property of the missing person when the court considers such an action to be in the best interest of the estate and all parties concerned, including devisees and those who would be, in case of the death of the missing person, the heirs at law. For that purpose, the trustee may file a petition with the court asking for an order authorizing such a sale, mortgage or deed of trust.
2. The clerk shall set the petition for hearing and give notice of the hearing, in the manner prescribed in NRS 155.010, to the persons described in that section and to:
(a) Each of the persons who would be heirs at law of the missing person if the missing person were dead; and
(b) If it appears that the missing person left a will, each devisee mentioned therein.
3. If the address of any such person is unknown, the notice must be mailed by registered or certified mail to that person at the county seat of the county in which the court is held, and the trustee shall file his or her affidavit showing that the address is unknown and stating what efforts the trustee has made to learn the address.
(Added to NRS by 1959, 505; A 1969, 95; 1983, 670; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.090 - Sale or mortgage of property: Hearing; order for sale or mortgage; limitations and procedure.

Proof shall be offered at the hearing provided for in NRS 156.080 showing the reasons for making the sale, mortgage or deed of trust. If the court finds that it will be for the best interests of all persons concerned in the estate of the missing person to make such sale, mortgage or deed of trust, it shall order the trustee to proceed therewith in the manner provided in this title for the sales, mortgages and deeds of trusts of deceased persons. No such sale, mortgage or deed of trust may take place prior to the expiration of 8 months from the date of the appointment and qualification of the trustee.
(Added to NRS by 1959, 506)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.100 - Accounting if missing person returns.

If the missing person returns, the court, upon application of such person, or upon its own motion, shall require the trustee to render and file a verified account of the administration of the trust. The provisions of this title relating to accounting by executors and administrators of estates of deceased persons shall apply to such accounting.
(Added to NRS by 1959, 506)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.120 - Person deemed missing after 3 years; administration of property; procedure.

If any person owning property in this State has been absent from his or her last known place of residence for a continuous period of 3 years, with his or her whereabouts for that period unknown to the persons most likely to know thereof, he or she shall be deemed to be a missing person, and all property of the person in this State may be administered, as though he or she were deceased, in the same manner provided in this title for the administration of estates of deceased persons, subject to the conditions, restrictions and limitations prescribed in NRS 156.120 to 156.260, inclusive.
(Added to NRS by 1959, 506; A 1991, 965)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.130 - Jurisdiction of proceedings; residence of absentee; entitlement of proceedings.

1. If such person was a resident of this State at the time of his or her disappearance, the district court of the county in which that residence was located shall have jurisdiction of all proceedings initiated under NRS 156.120 to 156.260, inclusive.
2. If such person was a nonresident of this State, the district court in any county where any real property of the missing person is located, or of the county where any personal property is located, if there is no real property in the State, shall have jurisdiction in such proceedings.
3. The title of all proceedings commenced and prosecuted under NRS 156.120 to 156.260, inclusive, shall be entitled "In the matter of the estate of ................, a missing person."
(Added to NRS by 1959, 506; A 1991, 965)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.140 - Petition for administration or probate; contents and verification of petition; appointment of day for hearing.

1. If a petition is presented to the court having jurisdiction, as provided in NRS 156.130, by a missing person’s spouse or any of the missing person’s family or friends, representing that the missing person’s whereabouts has been for the required period and still is unknown and that the missing person left an estate which requires administration, the clerk of the court shall appoint a day for hearing the petition, not less than 3 months from the date of filing.
2. The petition may be for administration of the estate or probate of the will of the missing person, as the case may be, and must be verified to the best knowledge and belief of the petitioner.
3. The petition must set forth a statement of facts as required in the case of administration of estates of deceased persons and must contain allegations as to the last known place of residence of the missing person, when the missing person disappeared therefrom, the fact that the missing person has not been heard from by the person most likely to hear, naming the person and his or her relationship, for a period of 3 years or more, and the fact that the missing person’s whereabouts is unknown to the person and the petitioner.
(Added to NRS by 1959, 506; A 1991, 965; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.150 - Manner of giving notice of hearing.

Notice of hearing the petition for administration of the estate or probate of the will of the missing person shall be given in the manner provided in this title for giving notice of hearing in the administration of estates of deceased persons, and notice shall be mailed by registered or certified mail to the last known address of the missing person, and proof by affidavit of such notices shall be filed prior to or at the hearing.
(Added to NRS by 1959, 507; A 1969, 95)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.160 - Hearing; appointment of administrator or executor; time fixed when person became missing; finding concerning death.

1. The court shall hear all evidence in support of or in opposition to the petition provided for in NRS 156.140, and, if satisfied that the allegations thereof are true, and that the missing person has remained missing for a continuous period of 3 years or more and that his or her whereabouts is unknown, shall appoint some qualified person as administrator or executor in the manner provided in this title for the estates of deceased persons.
2. If the court grants the order, it shall:
(a) Fix and determine the time when the person left his or her last place of residence and abode and became missing and that the person’s whereabouts has not been known continuously for a period of at least 3 years; and
(b) Make a finding stating the fact and date of death.
3. At the hearing the court may consider the testimony of any witnesses likely to know the last place of residence and whereabouts of the missing person, and may receive in evidence and consider the affidavits and depositions of other competent persons.
(Added to NRS by 1959, 507; A 1991, 965)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.170 - No sale, mortgage or distribution of property for 1 year; exceptions.

Except for the purposes of paying taxes, assessments, liens, insurance premiums, allowing claims for debts contracted by the missing person before his or her disappearance or to prevent the depreciation of property on account of neglect or waste, or to specifically perform contracts made by the missing person before his or her disappearance, no sale, mortgage or other disposition or distribution of the property of such person shall be made until the lapse of 1 year after the appointment and qualification of the executor or administrator.
(Added to NRS by 1959, 507)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.180 - Distribution of property to heirs and devisees: Time; bond of distributee; conditions.

No distribution of the property of the missing person to the heirs or devisees of the missing person may be made until the lapse of 1 year after the appointment and qualification of the executor or administrator, unless the distributee gives a bond in a penal sum not less than the value of the property distributed and for such additional amount as the court prescribes, conditioned for the return of the property or the value thereof to the personal representative of the estate in case the missing person be adjudicated to be still living since the commencement of the 3-year period, and also conditioned to save the personal representative of the estate harmless from the damages and expenses of all suits brought by the missing person or anyone succeeding to the rights of the missing person, by reason of the distribution during the period of 1 year.
(Added to NRS by 1959, 507; A 1991, 966; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.190 - Petition of person claiming to be missing person: Contents; service; security for costs; trial of issue of identity.

1. If any person, within 1 year after the appointment and qualification of a personal representative, files a petition, claiming to be the missing person, and causes a copy of the petition to be served personally or by registered or certified mail upon the personal representative and upon each of the persons entitled to share in the estate of the missing person upon the death of the missing person, and the devisees, the court shall determine the identity of the claimant at a hearing for that purpose.
2. The court may, upon application or of its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and ultimate determination of the action, in case the outcome of the hearing be adverse to the claimant.
3. The petition must set forth the facts and circumstances of the claimant’s disappearance and continued absence, and other facts and circumstances upon which the claimant relies for his or her identification.
(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.200 - Order vacating proceedings; exceptions; delivery of residue to claimant.

If the court determines that the claimant is the missing person, an order shall be made vacating all of the proceedings for administration, except those providing for the payment of taxes, assessments, liens, insurance premiums, allowed claims, the specific performance of contracts, preservation of the property, and any sale, encumbrance or other disposition of the property made in compliance with an order of the court. The remainder of the estate, less fees, costs and expenses incurred, shall be surrendered and delivered to the claimant.
(Added to NRS by 1959, 508)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.210 - Petition claiming death of missing person: Service; security for costs; trial of issue; order.

1. If any other person within 1 year after the appointment and qualification of the representative files a petition claiming that the missing person died subsequent to the commencement of the 3-year period provided herein, and the petitioner is entitled to the property in the estate, or any portion thereof, as successor in interest to the rights of the missing person, and if the petitioner causes a copy of the petition to be served personally or by registered or certified mail upon the personal representative of the estate and upon each of the heirs and devisees, the court shall determine the truth of the facts contained in the petition.
2. The court may, upon application or on its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and determination of the truth of the facts contained in the petition, in case the hearing is decided adverse to the claimant.
3. If the hearing is decided in favor of the claimant, the court shall make and enter such order as the circumstances require.
(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.220 - Final distribution; conclusive presumption of death.

1. If no claims are made during the 1-year period by any person claiming to be the missing person or a person claiming to have succeeded to the rights of that person, a conclusive presumption arises that the missing person died before the filing of the petition for the administration of the estate of the missing person or the probate of his or her will.
2. In such event, the estate must be finally distributed accordingly, so far as the same has not already been accomplished, and the court shall order the estate closed and all liability of sureties, the personal representative and the distributees ended, and all bonds cancelled.
(Added to NRS by 1959, 508; A 1991, 967; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.230 - Distribution without bond if absence exceeds 5 years.

If the petition provided in NRS 156.140 is filed more than 5 years after the disappearance of the missing person, the estate of the person may be finally distributed and closed at the end of 1 year after the filing of the petition, without a bond being given.
(Added to NRS by 1959, 509; A 1991, 967)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.240 - Limitation of actions.

No claims against the estate of a missing person, or against the personal representative of the estate or any surety or distributee may be brought by any person, including the missing person and persons claiming under him or her, after the expiration of 5 years from the date of disappearance as determined in the manner provided in NRS 156.160.
(Added to NRS by 1959, 509; A 1991, 967; 2001, 168)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.250 - Powers and duties of administrators and executors.

The administrator or executor to whom letters have been issued as provided in NRS 156.120 to 156.260, inclusive, shall administer and distribute the estate of the missing person in the same manner and method and with the same force and effect as provided in this title for the administration and settlement of estates of deceased persons, except as otherwise provided in NRS 156.120 to 156.260, inclusive.
(Added to NRS by 1959, 509)
2023 Nevada Revised Statutes › Chapter 156 - Administration of Estates of Missing Persons › NRS 156.260 - Applicability of NRS 156.120 to 156.260, inclusive.

The provisions of NRS 156.120 to 156.260, inclusive, apply to all missing persons, whether their absence commenced prior to March 30, 1959, is still continuing, or commences subsequent to March 30, 1959.
(Added to NRS by 1959, 509)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.013 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.014 to 159.0265, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 412; A 1981, 1933; 2003, 1770; 2005, 815; 2009, 1644, 2519; 2017, 867, 2553)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.014 - "Care provider" defined.

"Care provider" includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of persons who are incapacitated or persons of limited capacity.
(Added to NRS by 1969, 412; A 1981, 1933; 2003, 1771; 2017, 867, 3901)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0145 - "Citation" defined.

"Citation" means a document issued by the clerk of the court, as authorized by statute or ordered by the court, requiring a person to appear, directing a person to act or conduct himself or herself in a specified way, or notifying a person of a hearing.
(Added to NRS by 2003, 1757)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.017 - "Guardian" defined.

"Guardian" means any person appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes an organization under NRS 662.245 and joint appointees. The term includes, without limitation, a special guardian or, if the context so requires, a person appointed in another state who serves in the same capacity as a guardian in this State.
(Added to NRS by 1969, 412; A 1971, 1010; 1981, 1933; 1999, 849; 2009, 1644)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.019 - "Incapacitated" defined.

A person is "incapacitated" if he or she, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.
(Added to NRS by 1969, 412; A 1999, 1396; 2003, 1770; 2017, 3901)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.022 - "Limited capacity" defined.

A person is of "limited capacity" if:
1. The person is able to make independently some but not all of the decisions necessary for the person’s own care and the management of the person’s property; and
2. The person is not a minor.
(Added to NRS by 1981, 1931; A 1999, 1396; 2003, 1771)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.023 - "Minor" defined.

"Minor" means any person who is:
1. Less than 18 years of age; or
2. Less than 19 years of age if guardianship of the person is continued until the person reaches the age of 19 years pursuant to NRS 159A.191.
(Added to NRS by 1969, 412; A 2003, 1771; 2017, 868)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.024 - "Private professional guardian" defined.

1. "Private professional guardian" means a person who receives compensation for services as a guardian to three or more protected persons who are not related to the guardian by blood or marriage and who meets the requirements set forth in NRS 159.0595.
2. For the purposes of this chapter, the term includes an entity that serves as a private professional guardian and is:
(a) Required to have a license issued pursuant to chapter 628B of NRS; or
(b) Exempt pursuant to NRS 159.0595, 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to chapter 628B of NRS.
3. The term does not include:
(a) A governmental agency.
(b) A public guardian appointed or designated pursuant to the provisions of chapter 253 of NRS.
4. As used in this section, "protected person" includes a protected minor.
(Added to NRS by 2005, 814; A 2009, 1644; 2015, 2365; 2017, 868, 2423)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.025 - "Proposed protected person" defined.

"Proposed protected person" means any person, other than a minor, for whom proceedings for the appointment of a guardian have been initiated in this State or, if the context so requires, for whom similar proceedings have been initiated in another state.
(Added to NRS by 1969, 412; A 2009, 1644; 2017, 868, 2553)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0255 - "Secured residential long-term care facility" defined.

1. "Secured residential long-term care facility" means a residential facility providing long-term care that is designed to restrict a resident of the facility from leaving the facility, a part of the facility or the grounds of the facility through the use of locks or other mechanical means unless the resident is accompanied by a staff member of the facility or another person authorized by the facility or the guardian.
2. The term does not include a residential facility providing long-term care which uses procedures or mechanisms only to track the location or actions of a resident or to assist a resident to perform the normal activities of daily living.
(Added to NRS by 2009, 2519)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.026 - "Special guardian" defined.

"Special guardian" means a guardian of a person of limited capacity, including, without limitation, such a guardian who is appointed because a person of limited capacity has voluntarily petitioned for the appointment and the court has determined that the person has the requisite capacity to make such a petition.
(Added to NRS by 1981, 1931; A 2003, 1771)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.028 - Terms: "Writing" or "written."

As used in this chapter, unless the context otherwise requires, when the term "writing" or "written" is used in reference to a will or instrument, the term includes an electronic will as defined in NRS 132.119 and an electronic trust as defined in NRS 163.0015.
(Added to NRS by 2001, 2350)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0345 - Court authorized to alter requirements concerning publication of notice or citation.

If publication of a notice or citation is required pursuant to this chapter, the court may, for good cause shown:
1. Allow fewer publications to be made within the time for publication; and
2. Extend or shorten the time in which the publications must be made.
(Added to NRS by 2003, 1769; A 2013, 906)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0355 - Facsimile of certain papers may be filed with court.

If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time or at such time prescribed by the court.
(Added to NRS by 2003, 1769)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.036 - Giving of notices and issuance of citations by clerk of court.

All notices required to be given by this chapter may be given by the clerk of the court without an order from the court, and when so given, for the time and in the manner required by law, they are legal and valid as though made upon an order from the court. If use of a citation is authorized or required by statute, the citation may be issued by the clerk of the court on the request of a party or the party’s attorney without a court order, unless an order is expressly required by statute.
(Added to NRS by 2003, 1769)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.037 - Venue for appointment of guardian.

1. The venue for the appointment of a guardian when the home state of the proposed protected person is this State must be the county where the proposed protected person resides.
2. If the proper venue may be in two or more counties, the county in which the proceeding is first commenced is the proper county in which to continue the proceedings.
3. Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.
(Added to NRS by 1969, 413; A 2003, 1771; 2009, 1645; 2017, 869)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.039 - Proceedings commenced in more than one county.

1. If proceedings for the appointment of a guardian for the same proposed protected person are commenced in more than one county in this State, and the home state of the proposed protected person is this State, they shall be stayed, except in the county where first commenced, until final determination of venue in that county. If the proper venue is finally determined to be in another county, the court shall cause a transcript of the proceedings and all original papers filed therein, all certified by the clerk of the court, to be sent to the clerk of the court of the proper county.
2. A proceeding is considered commenced by the filing of a petition.
3. The proceedings first legally commenced for the appointment of a guardian of the estate or of the person and estate extends to all the property of the proposed protected person which is in this state.
(Added to NRS by 1969, 413; A 2009, 1645; 2017, 869)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.041 - Transfer of proceedings to another county.

A court having before it any guardianship matter for a protected person or proposed protected person whose home state is this State may transfer the matter to another county in the interest of the protected person or proposed protected person or, if not contrary to the interest of the protected person or proposed protected person, for the convenience of the guardian. A petition for the transfer, setting forth the reasons therefor, may be filed in the guardianship proceeding. If the court is satisfied that the transfer is in the interest of the protected person or proposed protected person or, if not contrary to the interest of the protected person or proposed protected person, for the convenience of the guardian, the court shall make an order of transfer and cause a transcript of the proceedings in the matter, all original papers filed in such proceedings and the original bond filed by the guardian, to be certified by the clerk of the court originally hearing the matter and sent to the clerk of the court of the other county. Upon receipt of the transcript, papers and bond, and the filing of them for record, the court of the other county has complete jurisdiction of the matter, and thereafter all proceedings shall be as though they were commenced in that court.
(Added to NRS by 1969, 413; A 2009, 1645; 2017, 870)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.043 - Titles of petitions; captions of petitions and other documents.

1. All petitions filed in a guardianship proceeding pursuant to this chapter must bear the title of the court and cause.
2. The caption of all petitions and other documents filed in a guardianship proceeding pursuant to this chapter must read, "In The Matter of the Guardianship of ................ (the person, the estate, or the person and estate), ................ (the legal name of the person), adult, Protected Person."
(Added to NRS by 1969, 413; A 1981, 1934; 2003, 1772; 2017, 870, 2553)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0445 - Filing of proposed preliminary care plan and budget.

Upon the filing of a petition for the appointment of a guardian, the court may require a proposed guardian to file a proposed preliminary care plan and budget. The format of such a proposed preliminary care plan and budget and the timing of the filing thereof must be specified by a rule approved by the Supreme Court.
(Added to NRS by 2017, 3898)