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2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.030 - Letters of administration with will annexed.

Letters of administration with the will annexed may be in substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Administration With the Will
………………………………..) Annexed
On ……… (day) …… (month) …… (year), the court entered an order admitting the decedent’s will to probate and appointing
(name)
as administrator with the will annexed 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 administrator with the will annexed, after being duly qualified, may act and has the authority and duties of administrator with the will annexed.
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 administrator with the will annexed, 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.
…………………………………………
Administrator With the Will Annexed
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ……… (year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ...................................................
NOTARY PUBLIC
County of ……… State of ...........
[48:107:1941; 1931 NCL § 9882.48]—(NRS A 1999, 2280)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.040 - Letters of administration.

Letters of administration may be in substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Administration
...................................................... )
On ……… (day) …… (month) ……. (year), the court entered an order appointing
(name)
as administrator 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 administrator, after being duly qualified, may act and has the authority and duties of administrator.
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 administrator, 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.
…………………………
Administrator
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ……… (year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ...................................................
NOTARY PUBLIC
County of ……… State of ...........
[Part 66:107:1941; 1931 NCL § 9882.66]—(NRS A 1999, 2281)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.045 - Letters of special administration.

Letters of special administration may be in substantially the following form, after properly entitling the court:
In the Matter of the Estate of )
) Case No.
)
deceased. ) Letters of Special Administration
...................................................... )
On ……… (day) …… (month) ……. (year), the court entered an order appointing
(name)
as special administrator 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 special administrator, after being duly qualified, may act and has the authority and duties of special administrator.
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 special administrator, 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.
…………………………
Special Administrator
SUBSCRIBED AND AFFIRMED before me this ….…. (day) of ….…. (month) of ……… (year).
CLERK OF COURT
By .....................................................
Deputy Clerk
(or) ...................................................
NOTARY PUBLIC
County of ……… State of ...........
(Added to NRS by 1999, 2278; A 2003, 2509)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.050 - Effect of subsequent probate.

If, after granting letters of administration on the ground of intestacy, a will of the decedent is duly proved and allowed by the court, the letters of administration must be revoked and the power of the administrator ceases, and the administrator shall render an account of his or her administration within such time as the court directs. In such a case, the executor of the will, or the administrator with the will annexed, is entitled to demand, maintain an action for and collect all the goods, chattels and effects of the decedent, remaining unadministered, and may prosecute to final judgment any action commenced by or against the administrator before the revocation of that administrator’s letters.
[92:107:1941; 1931 NCL § 9882.92]—(NRS A 1999, 2282)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.060 - Incapacity of joint personal representatives.

If one of several personal representatives of the same estate to whom letters have been granted dies, becomes incapacitated or disqualified, or otherwise becomes incapable of executing the duties of the office, or if the letters are revoked or annulled according to law with respect to one personal representative, the remaining personal representative shall proceed and complete the administration of the estate.
[90:107:1941; 1931 NCL § 9882.90]—(NRS A 1999, 2282)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.070 - Incapacity of all personal representatives.

If all the personal representatives die or from any cause become incapable of executing the duties of their office, or the authority of all of them is revoked or annulled according to law, the court shall direct letters to be issued according to the priority established in NRS 139.040. The successor personal representative shall post such bond as the court may require.
[91:107:1941; 1931 NCL § 9882.91]—(NRS A 1959, 47; 1977, 410; 1999, 2282)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.080 - Procedure for resigning appointment of personal representative.

A personal representative may resign the appointment at any time, by a writing filed with the court, to take effect upon the settlement of the accounts. If, however, by reason of any delay in the settlement or for any other cause, the circumstances of the estate or the rights of those interested therein require it, the court, at any time after the tendering of the resignation, may revoke the letters of the personal representative and appoint a successor personal representative in the same manner as is directed in relation to original letters. The liability of the previous personal representative or of the sureties on the bond of the personal representative is not discharged, released or affected by the resignation or appointment, but continues until the personal representative has delivered up all the estate to the successor and filed an accounting in accordance with NRS 150.080, and the accounting has been approved by the court.
[93:107:1941; 1931 NCL § 9882.93]—(NRS A 1999, 2283)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.090 - Causes for suspending appointment of personal representative.

If a court has reason to believe, from its own knowledge or from credible information, that a personal representative:
1. Has wasted, converted to the personal representative’s own use or mismanaged, or is about to waste or convert to the personal representative’s own use, the property of the estate committed to the personal representative’s charge;
2. Has committed or is about to commit any wrong or fraud upon the estate;
3. Has become disqualified to act;
4. Has wrongfully neglected the estate;
5. Has a conflict of interest with the estate; or
6. Has unreasonably delayed the performance of necessary acts in any particular as personal representative,
the court may, by an order entered upon the minutes, suspend the powers of the personal representative until the matter can be investigated, or take such other action as it deems appropriate under the circumstances.
[276:107:1941; A 1953, 170]—(NRS A 1999, 2283; 2003, 2510)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.095 - Powers of personal representative limited after receiving notice of proceeding to suspend or remove appointment; disposition or transfer of assets after removal.

After receipt of notice of a proceeding to suspend or remove a person as personal representative, the person shall not act except to account, correct malfeasance or misfeasance of administration, or preserve the estate. If removal is ordered, the court shall also order the disposition or transfer of the assets remaining in the name or under the control of the personal representative being removed.
(Added to NRS by 1999, 2279)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.100 - Appointment of special administrator during suspension of personal representative; bond.

During the suspension of the powers of a personal representative, as provided in NRS 141.090 and 142.110, the court, if the condition of the estate requires, may appoint a special administrator to take charge of the estate. The special administrator must post such bond as the court may require.
[277:107:1941; 1931 NCL § 9882.277]—(NRS A 1999, 2283)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.110 - Personal representative cited to show cause after suspension; service of citation.

1. If an order of suspension is entered, the clerk shall issue a citation, reciting the order of suspension, to the personal representative to appear before the court at a time stated, as fixed by the court, to show cause why the letters of the personal representative should not be revoked.
2. The citation must be served as provided in NRS 155.050.
3. If the personal representative has absconded or has left the State, the citation may be served by leaving a copy with the personal representative’s attorney of record, if available, or in such manner as the court may direct, and the court has jurisdiction to proceed as if the citation had been personally served.
[Part 278:107:1941; 1931 NCL § 9882.278] + [280:107:1941; 1931 NCL § 9882.280]—(NRS A 1999, 2284)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.120 - Interested person may file charges for removal of personal representative.

Except as otherwise provided in NRS 155.165, an interested person may appear at the hearing and file allegations in writing, showing that the personal representative should be removed.
[279:107:1941; 1931 NCL § 9882.279]—(NRS A 1999, 2284; 2011, 1436)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.130 - Hearing for removal of personal representative; powers of court.

1. If the personal representative fails to appear as required by the citation, or if the personal representative appears and the court is satisfied that good grounds exist for removal, the letters of the personal representative must be revoked, and new letters must issue.
2. In proceedings for the removal of a personal representative, the court may compel the attendance of the personal representative by proper process, and may require the personal representative to answer questions, on oath, relating to the administration, and, upon refusal to do so, may commit the personal representative to jail until the personal representative obeys or may revoke the letters, or both.
[Part 278:107:1941; 1931 NCL § 9882.278] + [281:107:1941; 1931 NCL § 9882.281]—(NRS A 1999, 2284)
2023 Nevada Revised Statutes › Chapter 141 - Letters Generally; Changes in Administration › NRS 141.140 - Acts of personal representative before revocation.

All acts of a personal representative before the revocation of the letters of the personal representative are as valid, for all intents and purposes, as if the personal representative had continued lawfully to execute the duties of the office.
[94:107:1941; 1931 NCL § 9882.94]—(NRS A 1999, 2284)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.010 - Oath or affirmation of personal representative.

1. Before letters may be issued to a personal representative, the personal representative must take and subscribe an oath or affirmation, before a person authorized to administer oaths, that the personal representative will perform according to law the duties of a personal representative. The oath must be filed by the clerk.
2. The oath of a corporation appointed as a personal representative may be taken and subscribed by an authorized representative upon its behalf.
[67:107:1941; 1931 NCL § 9882.67]—(NRS A 1975, 1769; 1985, 1213; 1999, 2284)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.020 - Requirement of bond discretionary with court; proof of blocked account; additional bond; amount of bond.

1. The requirement of a bond of a personal representative is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:
(a) Require a bond if it determines a bond is desirable; or
(b) Dispense with the requirement of a bond if:
(1) The court determines a bond is unnecessary; or
(2) The assets of the estate are deposited with a financial institution pursuant to subsection 3.
2. The bond must be conditioned so that the personal representative will faithfully execute the duties of the office according to law, and the bond must be filed by the clerk.
3. Personal assets of an estate may be deposited with a domestic credit union or other domestic financial institution upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit is subject to the further order of the court. The personal representative shall file with the clerk the acknowledgment of an authorized representative of the financial institution that holds the assets deposited, which may be in the following form:
PROOF OF BLOCKED ACCOUNT
The undersigned affirms that ..........................................., as personal representative of the estate of ............................., deceased, has established an account, number ........., entitled "...........," in the amount of $............
The undersigned acknowledges that this account bears a blocked/frozen designation, and that no money may be removed without first presenting an order from the court authorizing the withdrawal.
Dated on .......................... (date). By: ...............................................
Title: ............................................
4. During the pendency of the administration, any person, including a creditor, having an interest in an estate whose value exceeds $10,000 may file a petition requesting that the personal representative submit additional bond. Upon the filing of the petition, the clerk shall set it for hearing, and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. Upon hearing the petition, the court may require the personal representative to file additional bond in the amount of the claim of the petitioner, unless it determines that bond should be dispensed with or set in a different amount.
5. The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court or required pursuant to subsection 4.
6. If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this State is appointed the personal representative of the estate of a decedent, no bond is required unless otherwise specifically required by the court.
[68:107:1941; 1931 NCL § 9882.68]—(NRS A 1959, 500; 1969, 1189; 1971, 1009; 1973, 385; 1983, 199; 1999, 1457, 2285; 2001, 91; 2017, 1675)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.030 - Nature of surety’s liability: Extent of bond.

The bond is not void upon the first recovery, but may be sued upon from time to time by any person aggrieved in that person’s own name until the whole penalty is exhausted.
[69:107:1941; 1931 NCL § 9882.69]—(NRS A 1999, 2286)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.035 - Jurisdiction of court over surety; clerk of court appointed as agent of surety; enforcement of liability of surety.

If a personal representative is required by a court pursuant to the provisions of this chapter to provide security in the form of cash or a bond, stipulation or other undertaking with one or more sureties, each surety for that security submits to the jurisdiction of the court which ordered the security, and irrevocably appoints the clerk of that court as the agent upon whom any papers affecting the surety’s liability on the security may be served. The liability of the surety may be enforced on petition without the necessity of an independent action. The petition and such notice of the hearing upon the petition as the court prescribes may be served on the clerk of the court, who shall mail copies to the surety at the surety’s last known address.
(Added to NRS by 1995, 19; A 1999, 2286)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.040 - Justification on oath required by surety.

If a bond is required under this chapter, the sureties must justify on oath before the court or clerk or before a notary public, or a justice of the peace of the county, to the effect that they are householders, or freeholders, within this State, and worth the amount for which they become surety, over and above all just debts and liabilities, exclusive of property exempt from execution. The justification must be signed by the sureties and certified by the person taking the justification, and endorsed on or attached to and filed with the bond.
[70:107:1941; 1931 NCL § 9882.70]—(NRS A 1985, 1214; 1999, 2286)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.050 - Hearing to determine accuracy of justification of surety; additional security.

1. Before a court approves any bond required under this chapter, it may, on its own motion, or at any time after the approval of a bond upon petition of an interested person, supported by affidavit that any one or all of the sureties is or are not worth as much as justified to, order a citation to issue, requiring the surety or sureties to appear before the court at a particular time and place to testify relating to the property and its value. The court shall, at the time the citation is issued, cause a notice or subpoena to issue to the personal representative requiring the appearance of the personal representative at the return of the citation.
2. Upon the return of the citation, the court shall question the surety and such witnesses as may be produced concerning the property of the surety or sureties and its value. If, upon such investigation, the court is satisfied that the bond is insufficient, it may require sufficient additional security within such time as it may set.
[71:107:1941; 1931 NCL § 9882.71]—(NRS A 1999, 2287)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.060 - Appointment of person next entitled.

If sufficient security is not given within the time fixed by the court’s order, or such further time as the court may allow, the right of the personal representative to administer the estate ceases and the person next entitled to the administration of the estate, who will post a sufficient bond, must be appointed to the administration.
[72:107:1941; 1931 NCL § 9882.72]—(NRS A 1999, 2287)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.070 - Bond may be required despite provisions of will.

If it is expressly provided in the will of a decedent that no bond may be required of the personal representative, letters may issue without any bond being given, but a personal representative to whom letters have been issued without bond may, at any time afterward, if it is shown for any cause to be necessary or proper, be required to provide and file a bond as in other cases.
[73:107:1941; 1931 NCL § 9882.73]—(NRS A 1999, 2287)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.080 - Petition for additional security; court may require additional security; petition for increase in bond.

1. If an interested person discovers that the sureties of a personal representative have become or are becoming insolvent, or that any one of them has removed from, or is about to remove from the State, or that from any other cause the bond is insufficient, the interested person may file a petition with the court requesting that further security be given.
2. If it comes to the knowledge of the court that the bond is for any cause insufficient, it may, on its own motion, without any petition, require further security.
3. A personal representative or the counsel of the personal representative, if either becomes aware of facts causing a need therefor, shall petition the court for an order ex parte increasing a bond to the total appraised value of personal property on hand plus 1 year’s estimated income from real and personal property. In an accounting, if a bond has been posted, a separate paragraph must be included describing the total bond posted, the appraised value of personal property on hand plus the estimated annual income from real and personal property and a statement of any additional bond thereby required.
[74:107:1941; 1931 NCL § 9882.74]—(NRS A 1999, 2287)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.090 - Hearing on sufficiency: Issuance and service of citation; order.

1. If the court is satisfied from a petition for additional bond or otherwise believes that the matter requires investigation, a citation must be issued to the personal representative requiring the personal representative to appear before the court at a designated time and place, to show cause why the personal representative should not give further security. The citation must be served on the personal representative pursuant to NRS 155.050.
2. On the return of the citation or at such other time as the court may appoint, it shall proceed to hear the matter, and if it satisfactorily appears that the security, from any cause, is insufficient, it shall enter an order requiring the personal representative to give further security, or to file a new bond in the usual form, within a reasonable time, not less than 5 nor more than 30 days.
[75:107:1941; 1931 NCL § 9882.75]—(NRS A 1999, 2288)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.100 - Appointment of person next in order.

If sufficient security or additional security is not given within the time fixed by the court’s order, the right of the personal representative to administer the estate ceases, and the person next entitled to administer the estate, who will post a sufficient bond, must be appointed. If letters have already been issued to the personal representative, the letters must be revoked and the authority of the personal representative thereupon ceases. The person next entitled to administer the estate, who will post a proper bond, must be appointed, upon giving the notice required by NRS 155.010.
[76:107:1941; 1931 NCL § 9882.76]—(NRS A 1999, 2288)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.110 - Suspension of powers pending hearing; effect of order of suspension.

1. If a petition is presented requesting that a personal representative be required to give further security, and if it is also alleged on oath or affirmation that the personal representative is wasting the property of the estate, the court may, by order, suspend the powers of the personal representative until the matter can be heard and determined.
2. If an order of suspension is entered, the personal representative is restrained as provided in NRS 141.095. After the suspension, the personal representative must be cited to show cause and the matter must be heard and determined pursuant to NRS 141.130.
[77:107:1941; 1931 NCL § 9882.77]—(NRS A 1999, 2288)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.130 - Petition of surety for discharge; issuance and service of citation.

If a surety of a personal representative desires to be released from responsibility on account of future acts, the surety may petition the court for relief. The court shall cite the personal representative to appear at a designated time and place and give other security. If the personal representative cannot be found after due diligence and inquiry, the citation may be served by leaving a copy of it at the residence of the personal representative, or by serving the attorney of the personal representative, or by such publication as the court orders pursuant to the provisions of NRS 143.190.
[79:107:1941; 1931 NCL § 9882.79]—(NRS A 1999, 2289)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.140 - Revocation for failure to give new sureties.

If the personal representative neglects or refuses to give new sureties, to the satisfaction of the court, on the return of the citation, the court being satisfied the citation has been served, or within such reasonable time as the court allows, not exceeding 5 days unless the surety petitioning consents to a longer extension of time, the court shall revoke the letters granted.
[81:107:1941; 1931 NCL § 9882.81]—(NRS A 1999, 2289)
2023 Nevada Revised Statutes › Chapter 142 - Oaths and Bonds › NRS 142.150 - Discharge of sureties.

If new sureties are given to the satisfaction of the court, it shall thereupon enter an order that the surety who applied for relief is not liable for any subsequent act, default or misconduct of the personal representative.
[80:107:1941; 1931 NCL § 9882.80]—(NRS A 1999, 2289)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.010 - Multiple personal representatives: Effect of absence, legal disability or conflict of interest; sufficiency of acts of majority.

If there are two personal representatives, the acts of one alone are valid if the other is absent from the state, or for any cause is laboring under any legal disability or conflict of interest, and if there are more than two, the acts of a majority are sufficient.
[Part 44:107:1941; 1931 NCL § 9882.44]—(NRS A 1999, 2289; 2021, 970)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.020 - Right to possession of decedent’s property.

Except as otherwise provided in NRS 143.030 and 146.010, a personal representative has a right to the possession of all the real, as well as personal, property of the decedent and may receive the rents and profits of the property until the estate is settled, or until delivered over by order of the court to the heirs or devisees, and shall make a reasonable effort to preserve and maintain all such property, including, without limitation, by keeping in good tenantable repair all houses, buildings and appurtenances thereon which are under the control of the personal representative.
[106:107:1941; 1931 NCL § 9882.106]—(NRS A 1999, 2290; 2009, 1665; 2017, 1676)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.030 - Duty to take possession of estate and collect debts; exception for certain assets held by guardian.

1. A personal representative shall take into possession all the estate of the decedent, real and personal, except that exempted as provided in this title, and shall collect all receivables due the decedent or the estate.
2. For the purpose of bringing actions to quiet title or for partition of the estate, the possession of the personal representative shall be deemed the possession of the heirs or devisees. The possession of heirs or devisees is subject, however, to the possession of the personal representative for all other purposes.
3. A personal representative shall not take into possession any assets held by a guardian of the decedent pursuant to chapter 159 or 159A of NRS until the guardianship is terminated according to the provisions of NRS 159.1905, 159.191, 159A.1905 or 159A.191 and the guardian is ordered to distribute the assets to the personal representative.
[191:107:1941; 1931 NCL § 9882.191]—(NRS A 1999, 2290; 2009, 1665; 2017, 889)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.035 - Duty to use reasonable diligence; report required if estate not closed within certain times; hearing and determinations by court.

1. A personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate.
2. In the absence of pending litigation or a contested proceeding involving the estate, a personal representative in charge of an estate that has not been closed shall:
(a) Within 6 months after the personal representative’s appointment, where no federal estate tax return is required to be filed for the estate; or
(b) Within 18 months after the personal representative’s appointment, where a federal estate tax return is required to be filed for the estate,
file with the court a report explaining why the estate has not been closed.
3. Upon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to:
(a) Each person whose interest is affected as an heir or devisee; and
(b) The Department of Health and Human Services, if the Department has filed a claim against the estate.
4. At the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may:
(a) Subject to the provisions of NRS 143.037:
(1) Prescribe the time within which the estate must be closed; or
(2) Allow the personal representative additional time for closing and order a subsequent report; or
(b) Revoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.
(Added to NRS by 1975, 1765; A 1997, 336; 1999, 2290; 2003, 880; 2017, 1677)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.037 - Duty to close estate within 18 months after appointment; exceptions.

1. Except as otherwise provided in this section, a personal representative shall close an estate within 18 months after appointment.
2. If an estate is not closed within 18 months after the appointment of a personal representative and:
(a) A claim against the estate is in litigation or in summary determination pursuant to subsection 5 of NRS 145.060, a petition for determination of the validity of the claim has been filed pursuant to subsection 2 of NRS 147.130 or the amount of federal estate tax has not been determined, a devisee, creditor or heir may file a petition seeking an order that:
(1) A certain amount of money, or certain other assets, be retained by the personal representative to:
(I) Satisfy the claim or tax; and
(II) Pay any fees or costs related to the claim or tax, including fees for appraisals, attorney’s fees and court costs; and
(2) The remainder of the estate be distributed.
(b) A contest of the will or a proceeding to determine heirship is pending, a devisee, creditor or heir may file a petition requesting the court which appointed the personal representative to order that:
(1) A certain amount of money, or certain other assets, be retained and the remainder of the estate distributed; or
(2) The entire distributable estate be retained pending disposition of the contest or proceeding.
3. A court shall not enter an order distributing the assets of an estate pursuant to this section if such a distribution will result in there being insufficient assets to enable the personal representative to discharge any tax liability, claims of creditors, administrative expenses or any other just obligation of the estate.
(Added to NRS by 1997, 335; A 1999, 2291; 2001, 2344; 2017, 1677)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.040 - Rights of surviving partner.

1. If a partnership existed between the decedent, at the time of death, and any other person, the surviving partner may continue in possession of the effects of the partnership and settle its business, but the interest of the decedent must be included in the inventory and appraised as an asset of the estate.
2. The surviving partner shall proceed to settle the affairs of the partnership without delay, and shall account to the personal representative and pay over such balance as may be, from time to time, payable to the estate of the decedent.
3. Upon the petition of the personal representative, the court may, whenever it may appear necessary, order the surviving partner to render an accounting, and in case of neglect or refusal, may, after notice, compel it by any lawful process, and the personal representative may maintain against the surviving partner any action which the decedent could have maintained.
4. Upon any sale of a partnership interest, the surviving partner may be a bidder.
[Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1999, 2291)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.050 - Continuing business of decedent; exception; prohibition on separate compensation for continuing business.

1. Except as otherwise provided in subsection 2, NRS 143.520 or the decedent’s will, after notice given as provided in NRS 155.010 or in such other manner as the court directs:
(a) Subject to the partnership agreement and the applicable provisions of chapter 87, 87A or 88 of NRS, the personal representative may continue as a general partner in any partnership in which the decedent was a general partner at the time of death;
(b) Subject to the operating agreement and the applicable provisions of chapter 86 of NRS, the personal representative may continue as a manager or managing member in any limited-liability company in which the decedent was a manager or managing member at the time of death;
(c) The personal representative may continue operation of any of the following:
(1) An unincorporated business or joint venture in which the decedent was engaged at the time of death; or
(2) An unincorporated business or joint venture which was wholly or partly owned by the decedent at the time of death; and
(d) The personal representative may continue to exercise any shareholder, partnership or membership rights owned by the decedent at the time of death to which the personal representative has succeeded during the administration of the estate.
2. The court may, upon its own motion or upon the petition of an interested person, restrict the actions of the personal representative set forth in subsection 1 as the court determines to be in the best interest of the estate and any interested persons.
3. Unless specifically authorized by the will or by the court, the personal representative may not receive any separate compensation for continuing the operation of the decedent’s business pursuant to this section.
[Part 195:107:1941; 1931 NCL § 9882.195]—(NRS A 1975, 1766; 1999, 2292; 2011, 1454; 2017, 1678; 2021, 971)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.060 - Extent of power to sue and be sued.

Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against a personal representative in all cases in which the actions might have been maintained by or against the decedent.
[192:107:1941; 1931 NCL § 9882.192]—(NRS A 1999, 2292)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.065 - Statute of limitations for cause of action of decedent.

A statute of limitations running on a cause of action belonging to a decedent, that was not barred as of the date of death, does not bar the cause of action sooner than 1 year after the death. A cause of action that, but for this section, would be barred less than 1 year after the death of the decedent is barred after 1 year unless the running of the statute is tolled under other law.
(Added to NRS by 1999, 2289; A 2003, 2510)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.070 - Actions by personal representative for conversion or trespass.

1. A personal representative may commence or maintain an action against any person who has wasted, destroyed, taken, carried away or converted the goods of the decedent.
2. A personal representative may also commence or maintain an action for trespass committed on the real property of the decedent while living.
[193:107:1941; 1931 NCL § 9882.193]—(NRS A 1999, 2292)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.080 - Actions against personal representative for conversion or trespass.

Any person or the personal representative has a right of action against the personal representative of a decedent who, in the lifetime of the decedent wasted, destroyed, took, carried away or converted the goods or chattels of that person, or committed any trespass on the real property of that person.
[194:107:1941; 1931 NCL § 9882.194]—(NRS A 1999, 2292)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.090 - Action on bond of former personal representative.

A successor personal representative may, for the use and benefit of all interested persons, maintain an action on the bond of a former personal representative of the same estate.
[196:107:1941; 1931 NCL § 9882.196]—(NRS A 1999, 2292)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.100 - Action for conversion before letters granted.

If any person, before the granting of letters, converts, takes or alienates any of the money, goods, chattels or effects of a decedent, that person is chargeable and liable to an action by the personal representative for triple the value of the property so converted, taken or alienated, to be recovered for the benefit of the estate.
[107:107:1941; 1931 NCL § 9882.107]—(NRS A 1999, 2292; 2007, 895)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.110 - Procedure when conversion alleged: Citation; examination; allowance of necessary expenses.

1. If a personal representative or other interested person alleges in a petition to the court that any person has, or is suspected to have, concealed, converted, conveyed away or otherwise disposed of any money, goods, chattels or effects of the decedent, or that the person has possession or knowledge of any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title or interest of the decedent in or to any real or personal property, or any claim or demand, or any last will of the decedent, the court may cause that person to be cited to appear before the court to answer, upon oath, upon the matter of the petition.
2. If the person is not in the county where letters have been granted, the person may be cited and examined either before the court of the county where the person may be found, or before the court issuing the citation. If the person appears, and is found innocent, his or her necessary expenses must be allowed out of the estate.
[108:107:1941; 1931 NCL § 9882.108]—(NRS A 1999, 2293)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.120 - Procedure when conversion alleged: Commitment for refusal to appear for examination; order requiring delivery of property to personal representative.

1. If the person so cited refuses to appear and submit to examination or to testify concerning the matter of the complaint, the court may commit the person to the county jail, there to remain confined until the person obeys the order of the court or is discharged according to law.
2. If, upon examination, it appears that the person has concealed, converted, smuggled, conveyed away, or in any manner disposed of any money, goods or chattels of the decedent, or that the person has possession or control of any deeds, conveyances, bonds, contracts or other writings which contain evidence of, or tend to disclose the right, title, interest or claim of the decedent to any real or personal property, claim or demand, or any last will of the decedent, the court may enter an order requiring the person to deliver any such property or effects to the personal representative at such time as the court may fix. If the person fails to comply with the order, the court may commit the person to the county jail until the order is complied with or the person is discharged according to law.
3. The order of the court for the delivery of the property is prima facie evidence of the right of the personal representative to the property in any action that may be brought for its recovery, and any judgment recovered must be for treble damages equal to three times the value of the property.
4. In addition to the examination of the party, witnesses may be produced and examined on either side.
[109:107:1941; 1931 NCL § 9882.109]—(NRS A 1999, 2293; 2003, 2511)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.130 - Accounting by person holding assets of estate for personal representative; penalty for failure or refusal to comply with order.

The court, upon the petition of a personal representative, may require any person entrusted by the personal representative with any part of the estate of the decedent to appear before the court and render on oath a full accounting of any money, goods, chattels, bonds, accounts, or other papers or effects belonging to the estate which have come into the possession of the person in trust for the personal representative. If the person so cited fails or refuses to appear and render the accounting, the court may proceed against the person as provided in NRS 143.120.
[110:107:1941; 1931 NCL § 9882.110]—(NRS A 1999, 2294)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.140 - Discharging debtor of estate, compromising claims and renewing obligations: Procedure.

1. Except as otherwise provided in NRS 143.440, 143.455, 143.465, 143.650 or 143.655, if a debtor of the decedent is unable to pay all debts, the personal representative, with the approval of the court, may give the person a discharge upon such terms as may appear to the court to be for the best interest of the estate.
2. A compromise may also be authorized by the court when it appears to be just and for the best interest of the estate.
3. The court may also authorize the personal representative, on such terms and conditions as may be approved by it, to extend or renew, or in any manner modify the terms of, any obligation owing to or running in favor of the decedent or the estate of the decedent.
4. To obtain approval or authorization the personal representative shall file a petition showing the advantage of the settlement, compromise, extension, renewal or modification. The clerk shall set the petition for hearing by the court, and the petitioner shall give notice for the period and in the manner required by NRS 155.010.
[198:107:1941; 1931 NCL § 9882.198]—(NRS A 1999, 2294; 2011, 1454)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.150 - Action to recover fraudulently conveyed property for benefit of creditors.

1. If the decedent conveyed any real property or any rights or interests therein, with intent to defraud creditors or to avoid any obligation, debt or duty owed another, or so conveyed the property that by law the deeds of conveyance are void as against creditors, or made a gift of property in contemplation of death, and there is a deficiency of assets in the hands of the personal representative to pay all the expenses and debts of the estate, the personal representative, on petition of any creditor, shall commence and prosecute to final judgment any proper action for the recovery of the property for the benefit of the creditors.
2. The personal representative may also, for the benefit of the creditors, maintain an action for and recover all goods, chattels, rights or credits, or their value, which may have been so fraudulently conveyed by the decedent, whatever may have been the manner of fraudulent conveyance.
[199:107:1941; 1931 NCL § 9882.199]—(NRS A 1999, 2294)
2023 Nevada Revised Statutes › Chapter 143 - Powers and Duties of Personal Representatives › NRS 143.160 - Costs; disposal of property recovered; proceeds.

1. A personal representative is not bound to maintain an action for the estate, pursuant to NRS 143.150, for the benefit of the creditors, unless a creditor of the decedent:
(a) Files a petition; and
(b) Pays the costs and expense of the litigation or gives such security as the court directs.
2. All real property so recovered must be sold for the payment of debts in the same manner as prescribed in this title for sales of real property by personal representatives.
3. The proceeds of all goods, chattels, rights or credits so received, after reimbursement of costs and expenses of litigation advanced by the creditor, must be applied in payment of debts in the same manner as other personal property in the hands of a personal representative.
[200:107:1941; 1931 NCL § 9882.200] + [201:107:1941; 1931 NCL § 9882.201]—(NRS A 1999, 2295)