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2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.086 - Guardian of estate to cause appraisal or valuation of assets of guardianship estate; record or statement in lieu of appraisal.

1. Except as otherwise provided in subsection 2, the guardian of an estate shall cause an appraisal or valuation of any asset of a guardianship estate to be conducted by a disinterested appraiser, certified public accountant or expert in valuation and file the appraisal or valuation with the court.
2. In lieu of an appraisal, the guardian may file:
(a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation:
(1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and
(2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000.
(b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.
(Added to NRS by 2003, 1758)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0865 - Certification of appraiser, certified public accountant or expert in valuation; form of appraisal or valuation; purchase by appraiser, certified public accountant or expert in valuation without disclosure prohibited; penalties.

1. Before appraising or valuing any asset of the guardianship estate, each appraiser, certified public accountant or expert in valuation shall certify that the appraiser, accountant or expert will truthfully, honestly and impartially appraise or value the property according to the best of his or her knowledge and ability. The certification must be included in the appraisal or valuation and filed with the court.
2. The appraisal or valuation must list each asset that has a value of more than $100 separately with a statement of the value of the asset opposite the asset.
3. An appraiser, certified public accountant or expert in valuation who performs an appraisal or valuation of a guardianship estate is entitled to reasonable compensation for the appraisal or valuation and may be paid by the guardian out of the estate at any time after the appraisal or valuation is completed.
4. An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any asset of an estate without full disclosure to and approval by the court is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void, and the asset sold may be recovered by the guardian, protected person or proposed protected person.
(Added to NRS by 2003, 1758)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.087 - Recording letters of guardianship.

1. Not later than 60 days after the date of the appointment of a guardian of the estate, the guardian shall record, or cause to be recorded, in the office of the recorder of each county in which real property of the protected person is located, a copy, certified by the clerk of the court, of the letters of guardianship.
2. The guardian shall attach, or cause to be attached, to the copy of the letters of guardianship recorded pursuant to subsection 1 a cover sheet containing:
(a) The name, address and telephone number of the guardian;
(b) The assessor’s parcel number and the address of the real property of the protected person; and
(c) If the estate of the protected person includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.
3. As used in this section:
(a) "Manufactured home" has the meaning ascribed to it in NRS 489.113.
(b) "Mobile home" has the meaning ascribed to it in NRS 489.120.
(Added to NRS by 1969, 419; A 2003, 1788; 2011, 2410)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.089 - Possession of and title to property of protected person; guardian to secure certain documents.

1. A guardian of the estate shall take possession of:
(a) All of the property of substantial value of the protected person;
(b) Rents, income, issues and profits from the property, whether accruing before or after the appointment of the guardian; and
(c) The proceeds from the sale, mortgage, lease or other disposition of the property.
2. The guardian may permit the protected person to have possession and control of the personal property and funds as are appropriate to the needs and capacities of the protected person.
3. The title to all property of the protected person is in the protected person and not in the guardian.
4. A guardian shall secure originals, when available, or copies of any:
(a) Contract executed by the protected person;
(b) Power of attorney executed by the protected person;
(c) Estate planning document prepared by the protected person, including, without limitation, a last will and testament, durable power of attorney and revocable trust of the protected person;
(d) Revocable or irrevocable trust in which the protected person has a vested interest as a beneficiary; and
(e) Writing evidencing a present or future vested interest in any real or intangible property.
(Added to NRS by 1969, 419; A 2003, 1788)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0893 - Access to account or other assets of protected person.

1. A guardian shall present a copy of the court order appointing the guardian and letters of guardianship to a bank or other financial institution that holds any account or other assets of the protected person before the guardian may access the account or other assets.
2. The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access to the account or other assets of the protected person, subject to any limitations set forth in the court order.
3. Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is not entitled to a copy of any:
(a) Capacity evaluation of the protected person or any other confidential information concerning the medical condition or the placement of the protected person; or
(b) Inventory or accounting of the estate of the protected person.
(Added to NRS by 2013, 904; A 2017, 3911)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.0895 - Assets retained to pay expenses of funeral and disposal of remains of protected person: Amount exempt from all claims; placement in account or trust; reversion of excess to estate of protected person.

1. The guardian may retain assets for the anticipated expense of the funeral of the protected person and the disposal of his or her remains. Of the amount so retained, $3,000 is exempt from all claims, including those of this state.
2. The guardian may place assets so retained in a pooled account or trust. If the assets are invested in a savings account or other financial account, they are not subject to disposition as unclaimed property during the lifetime of the protected person.
3. Assets so retained may be disbursed for the funeral of the protected person or the disposal of his or her remains without prior authorization of the court. An amount not so disbursed becomes part of the estate of the protected person.
(Added to NRS by 1999, 1396; A 2009, 1657)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.091 - Discovery of debts or property.

Upon the filing of a petition in the guardianship proceeding by the guardian, the protected person or any other interested person, alleging that any person is indebted to the protected person, has or is suspected of having concealed, embezzled, converted or disposed of any property of the protected person or has possession or knowledge of any such property or of any writing relating to such property, the court may require the person to appear and answer under oath concerning the matter.
(Added to NRS by 1969, 419; A 2003, 1788)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.093 - Collecting obligations due protected person.

1. A guardian of the estate:
(a) Shall demand all debts and other choses in action due to the protected person; and
(b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the protected person.
2. A guardian of the estate, with prior approval of the court by order, may compound or compromise any debt or other chose in action due to the protected person and give a release and discharge to the debtor or other obligor.
(Added to NRS by 1969, 419; A 2003, 1789)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.095 - Representing protected person in legal proceedings.

1. A guardian of the estate shall appear for and represent the protected person in all actions, suits or proceedings to which the protected person is a party, unless the court finds that the interests of the guardian conflict with the interests of the protected person or it is otherwise appropriate to appoint a guardian ad litem in the action, suit or proceeding.
2. Upon final resolution of the action, suit or proceeding, the guardian of the estate or the guardian ad litem shall notify the court of the outcome of the action, suit or proceeding.
3. If the person of the protected person would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the protected person in the action, suit or proceeding.
4. If the protected person is a party to any criminal action, the guardian of the estate and the guardian of the person must be notified of the action.
(Added to NRS by 1969, 419; A 2003, 1789; 2013, 918; 2017, 3911)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.097 - Voidable contracts and transactions of protected person.

Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a protected person made by the protected person are voidable by the guardian of the estate if such contract or transaction was made at any time by the protected person while he or she was incapacitated or a minor.
(Added to NRS by 1969, 419; A 2017, 3912)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.099 - Liability of guardian of estate on contracts for protected person.

A guardian of the estate shall not be personally liable on any written or oral contract entered into for or on behalf of the protected person where the guardian is acting within his or her authority as such guardian. Any action, suit or proceeding on any such contract shall be brought against the guardian in his or her fiduciary capacity only, and any judgment or decree obtained in such action, suit or proceeding shall be satisfied only from property of the protected person.
(Added to NRS by 1969, 420)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.101 - Exercising rights under stock ownership of protected person.

1. A guardian of the estate may exercise the rights of the protected person which accrue pursuant to the ownership of the protected person of common or preferred stock, including, but not limited to, the right to:
(a) Vote for officers or directors;
(b) Approve or disapprove mergers or consolidations;
(c) Exercise stock options;
(d) Appoint proxies;
(e) Consent to dissolutions; and
(f) Exercise all rights which the protected person might exercise, if legally qualified, regarding the management of the corporation.
If the stock owned by the protected person in a corporation exceeds 20 percent of the total issued and outstanding stock having voting rights, the guardian must have prior approval of the court to consent to any merger, consolidation or dissolution of the corporation or the sale or encumbrance of its assets where the consent of the stockholders is required by law.
2. Whenever the estate of a protected person includes corporate stock, the guardian may hold it in the name of a nominee without mention of the guardianship in the stock certificate, if any, or the stock registration books, if:
(a) The guardian’s records and all reports or accounts rendered by the guardian clearly show the ownership of the stock by the estate of the protected person and the facts regarding its holding; and
(b) The nominee deposits with the guardian a signed statement showing ownership of the stock by the estate of the protected person, endorses any stock certificate in blank and does not have possession of the stock certificate or access to the certificate except under the immediate supervision of the guardian.
3. The guardian is personally liable for any loss to the estate of the protected person resulting from any act of the nominee in connection with stock held pursuant to subsection 2.
(Added to NRS by 1969, 420; A 1987, 586)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.103 - Claims against estate of protected person.

A guardian of the estate shall pay from the guardianship estate pursuant to NRS 159.105, 159.107 and 159.109 all just claims against the protected person, the estate or the guardian as such, whether accruing before or after the appointment of the guardian and whether arising in contract, in tort or otherwise.
(Added to NRS by 1969, 420)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.105 - Payment of claims of guardian and claims arising from contracts of guardian; report of claims and payment.

1. A guardian of the estate may pay from the guardianship estate the following claims without complying with the provisions of this section and NRS 159.107 and 159.109:
(a) The guardian’s claims against the protected person or the estate; and
(b) Any claims accruing after the appointment of the guardian which arise from contracts entered into by the guardian on behalf of the protected person.
2. The guardian shall report all claims and the payment of claims made pursuant to subsection 1 in the account that the guardian makes and files in the guardianship proceeding following each payment.
(Added to NRS by 1969, 420; A 2003, 1789; 2017, 3912)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.107 - Presentment and verification of claims.

Except as provided in NRS 159.105, all claims against the protected person, the guardianship estate or the guardian of the estate as such shall be presented to the guardian of the estate. Each such claim shall be in writing, shall describe the nature and the amount of the claim, if ascertainable, and shall be accompanied by the affidavit of the claimant, or someone on behalf of the claimant, who has personal knowledge of the fact. The affidavit shall state that within the knowledge of the affiant the amount claimed is justly due, no payments have been made thereon which are not credited and there is no counterclaim thereto, except as stated in the affidavit. If such claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the guardian or the court, upon demand, unless it is lost or destroyed, in which case the fact of its loss or destruction shall be stated in the claim.
(Added to NRS by 1969, 421)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.109 - Examination and allowance or rejection of claims by guardian.

1. A guardian of the estate shall examine each claim presented to the guardian for payment. If the guardian is satisfied that the claim is appropriate and just, the guardian shall:
(a) Endorse upon the claim the words "examined and allowed" and the date;
(b) Officially subscribe the notation; and
(c) Pay the claim from the guardianship estate.
2. If the guardian is not satisfied that the claim is just, the guardian shall:
(a) Endorse upon the claim the words "examined and rejected" and the date;
(b) Officially subscribe the notation; and
(c) Not later than 60 days after the date the claim was presented to the guardian, notify the claimant by personal service or by mailing a notice by registered or certified mail that the claim was rejected.
(Added to NRS by 1969, 421; A 2003, 1790)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.111 - Recourse of claimant when claim rejected or not acted upon.

1. If, not later than 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may:
(a) File a petition for approval of the rejected claim in the guardianship proceeding for summary determination by the court; or
(b) Commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity and any judgment or decree obtained must be satisfied only from property of the protected person.
2. If a claimant files a request for approval of a rejected claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice that he or she has filed such a request on the guardian.
3. Not later than 20 days after the date of service, the guardian may serve notice of objection to summary determination on the claimant. If the guardian serves the claimant with notice and files a copy of the notice with the court, the court shall not enter a summary determination and the claimant may commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity as provided in subsection 1.
4. If the guardian fails to serve the claimant with notice of objection to summary determination or file a copy of the notice with the court, the court shall:
(a) Hear the matter and determine the claim or like claim in a summary manner; and
(b) Enter an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from the order.
(Added to NRS by 1969, 421; A 2003, 1790)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.112 - Authorized actions by guardian of the person if guardian of the estate has not been appointed; payment of excess money to appointed guardian of the estate; certain compensation authorized.

1. If a guardian of the estate has not been appointed, a guardian of the person may:
(a) Institute proceedings to compel any person under a duty to support the protected person or to pay for the welfare of the protected person to perform that duty; and
(b) Receive money and tangible property deliverable to the protected person and apply such money and property for the support, care and education of the protected person. The guardian shall not use any money from the estate of the protected person to cover the cost of any room and board that the guardian or the spouse, parent or child of the guardian furnishes to the protected person unless a charge for the service is approved by a court order, after notice to at least one adult relative in the nearest degree of consanguinity to the protected person in which there is an adult. The guardian shall exercise care to conserve any excess money for the needs of the protected person.
2. If a guardian of the estate has been appointed, any money received by the guardian of the person that is in excess of the money expended to pay for the support, care and education of the protected person must be paid to the guardian of the estate for management of the estate. The guardian of the person shall account to the guardian of the estate for any money expended.
3. A guardian of the person of a protected person for whom a guardian of the estate also has been appointed may receive reasonable sums for any room and board furnished to the protected person if the guardian of the person presents a claim to the guardian of the estate pursuant to NRS 159.107 and 159.109.
4. A guardian of the person may request the guardian of the estate to make a payment from the estate of the protected person to another person or entity for the care and maintenance of the protected person in accordance with NRS 159.107 and 159.109.
(Added to NRS by 2017, 2551)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.115 - Notice of hearing of petition or account.

1. Except as otherwise ordered by the court, upon the filing of any petition under NRS 159.078 or 159.113, or any account, notice must be given to the protected person and the persons specified in NRS 159.034 in the manner prescribed by that section.
2. The notice must:
(a) Give the name of the protected person.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.
(Added to NRS by 1969, 422; A 1979, 789; 1995, 1077; 2003, 1791; 2007, 2397; 2009, 1659; 2013, 920; 2017, 3912)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.117 - Court approval required to make certain investments and loans and to exercise certain options; certain investments authorized without prior approval; investing property of two or more protected persons.

1. Upon approval of the court by order, a guardian of the estate may:
(a) Invest the property of the protected person, make loans and accept security therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the protected person to purchase or exchange securities or other property.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the protected person in the following:
(a) Savings accounts in any bank, credit union, savings and loan association or savings bank in this State, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 672.755.
(b) Interest-bearing obligations of or fully guaranteed by the United States.
(c) Interest-bearing obligations of the United States Postal Service.
(d) Interest-bearing obligations of the Federal National Mortgage Association.
(e) Interest-bearing general obligations of this State.
(f) Interest-bearing general obligations of any county, city or school district of this State.
(g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.
3. A guardian of the estate for two or more protected persons may invest the property of two or more of the protected persons in property in which each protected person whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each protected person in the investment and in the income, profits or proceeds therefrom. As used in this subsection, "protected person" includes a protected minor.
4. Upon approval of the court, for a period authorized by the court, a guardian of the estate may maintain the assets of the protected person in the manner in which the protected person had invested the assets before the incapacity of the protected person.
5. A guardian of the estate may access or manage a guardianship account via the Internet on a secured website established by the bank, credit union or broker holding the account.
(Added to NRS by 1969, 423; A 1971, 268; 1979, 590; 1993, 2771; 1995, 892; 1999, 1458; 2003, 1792; 2009, 1660; 2017, 883)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.119 - Continuing business of protected person.

A guardian of the estate, with prior approval of the court by order, may continue any business of the protected person. The order may provide for any one or more of the following:
1. The conduct or reorganization of the business solely by the guardian, jointly by the guardian with one or more of the partners, shareholders, members, or joint venturers of the protected person or as a corporation or limited-liability company of which the protected person is or becomes a shareholder or member.
2. The extent to which the guardian may incur liability of the estate of the protected person for obligations arising from the continuation of the business.
3. Whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate of the protected person allocated for use in the business or to the estate as a whole.
4. The period of time during which the business may be conducted.
5. Any other conditions, restrictions, regulations and requirements as the court considers proper.
(Added to NRS by 1969, 423; A 2003, 1793)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.121 - Borrowing money for protected person.

1. A guardian of the estate, with prior approval of the court by order, may borrow money for the account of the protected person when necessary:
(a) To continue any business of the protected person.
(b) To pay claims against the protected person, the guardianship estate or the guardian of the estate as such.
(c) To provide for the proper care, maintenance, education and support of the protected person and any person to whom the protected person owes a legal duty of support.
(d) For any other purpose that is in the best interests of the protected person.
2. If the court determines that the borrowing is necessary or proper, the court shall make an order approving the borrowing and may authorize one or more separate loans. The order shall prescribe the maximum amount of each loan, the maximum rate of interest and the date of final maturity of each loan, and may authorize the guardian to secure any loan by mortgage, deed of trust, pledge or other security transaction authorized by the laws of this state. The order shall describe the property, if any, to be given as security for each loan.
(Added to NRS by 1969, 423)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.123 - Contracts of protected person.

If a protected person for whom a guardian of the estate is appointed was, at the time of the appointment, a party to a contract which has not been fully performed, and which was made by the protected person while not under any legal disability, the guardian of the estate, with prior approval of the court by order, may complete the performance of such contract. If such contract requires the conveyance of any real or personal property, or any interest in such property, the court may authorize the guardian to convey the interest and estate of the protected person in the property, and the effect of such conveyance shall be the same as though made by the protected person while not under legal disability. If the contract requires a sale, no notice of sale is required under this section unless otherwise ordered by the court.
(Added to NRS by 1969, 424; A 2009, 1660)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.125 - Gifts from estate of protected person; expenditures for relatives of protected person.

1. A guardian of the estate, with prior approval of the court by order, may, from the estate of the protected person which is not necessary for the proper care, maintenance, education and support of the protected person and of persons to whom the protected person owes a legal duty of support:
(a) Make reasonable gifts directly, or into a trust, on behalf of the protected person.
(b) Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the protected person by blood, adoption or marriage.
(c) Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the protected person by blood, adoption or marriage.
2. Any petition filed by a guardian pursuant to this section must state whether:
(a) The purpose of the guardian in seeking approval to make the gift, payment or contribution is to dispose of assets to make the protected person eligible for Medicaid; and
(b) Making the gift, payment or contribution will cause the protected person to become eligible for Medicaid.
(Added to NRS by 1969, 424; A 1979, 591; 2003, 1793)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.127 - Purposes for which property of protected person may be sold, leased or placed in trust.

A guardian of the estate, with prior approval of the court by order, may sell, lease or place in trust any of the property of the protected person:
1. For the purpose of paying claims against the protected person, the guardianship estate or the guardian of the estate.
2. For the purpose of providing for the proper care, maintenance, education and support of the protected person and any person to whom the protected person owes a legal duty of support.
3. For the purpose of investing the proceeds.
4. To obtain income through rentals or royalties.
5. For any other purpose that is in the best interests of the protected person.
(Added to NRS by 1969, 424; A 1979, 591)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.132 - Property of protected person subject to sale.

1. Any interest of a protected person in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.
2. The interest of a protected person in a partnership or limited-liability company may be sold as personal property, and another partner or member may be the purchaser.
(Added to NRS by 1979, 788; A 2003, 1794)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.134 - Selling real property of protected person.

1. All sales of real property of a protected person must be confirmed by the court pursuant to NRS 159.146 before escrow closes for the sale and title to the real property passes to the purchaser.
2. A petition for confirmation of the sale must be filed with the court not later than 30 days after the date of the sale, which is the date on which the contract for the sale was signed.
3. The court shall set the date of the hearing for confirmation of the sale and give notice of the hearing in the manner required pursuant to NRS 159.115 or as the court may order.
4. An interested person may file written objections to the confirmation of the sale before the hearing for confirmation of the sale. If such objections are filed, the court shall conduct a hearing regarding those objections during which the interested person may offer witnesses in support of the objections. The court may, in its discretion, allow oral objections to the confirmation of the sale on the date of the hearing for confirmation of the sale.
5. Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to NRS 159.1425 and 159.144, unless the sale was exempt from notice pursuant to NRS 159.123.
(Added to NRS by 1979, 788; A 2003, 1794; 2009, 1660; 2017, 3912)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.136 - Order requiring guardian to sell real property of estate.

If the guardian neglects or refuses to sell any real property of the estate when it is necessary or in the best interests of the protected person, an interested person may petition the court for an order requiring the guardian to sell the property. The court shall set the petition for a hearing, and the petitioner shall serve notice on the guardian at least 10 days before the hearing.
(Added to NRS by 2003, 1759)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1365 - Application of money from sale of real property of protected person that is subject to mortgage or other lien.

If real property of the estate of a protected person is sold that is subject to a mortgage or other lien which is a valid claim against the estate, the money from the sale must be applied in the following order:
1. To pay the necessary expenses of the sale.
2. To satisfy the mortgage or other lien, including, without limitation, payment of interest and any other lawful costs and charges. If the mortgagee or other lienholder cannot be found, the money from the sale may be paid as ordered by the court and the mortgage or other lien shall be deemed to be satisfied.
3. To the estate of the protected person, unless the court orders otherwise.
(Added to NRS by 2003, 1760)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1375 - Sale of real property of protected person to holder of mortgage or lien on such property.

At a sale of real property that is subject to a mortgage or lien, the holder of the mortgage or lien may become the purchaser. The receipt for the amount owed to the holder from the proceeds of the sale is a payment pro tanto.
(Added to NRS by 2003, 1760)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.138 - Sale of equity of estate in real property of protected person that is subject to mortgage or lien and of property that is subject to mortgage or lien.

1. In the manner required by this chapter for the sale of like property, a guardian may sell:
(a) The equity of the estate in any real property that is subject to a mortgage or lien; and
(b) The property that is subject to the mortgage or lien.
2. If a claim has been filed upon the debt secured by the mortgage or lien, the court shall not confirm the sale unless the holder of the claim files a signed and acknowledged document which releases the estate from all liability upon the claim.
(Added to NRS by 2003, 1760)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1385 - Contract for sale of real property of protected person authorized; limitation on commission; liability of guardian and estate.

1. After the court has granted authority to sell real property of a protected person, a guardian may enter into a written contract with any bona fide agent, broker or multiple agents or brokers to secure a purchaser for such property. Such a contract may grant an exclusive right to sell the property to the agent, broker or multiple agents or brokers.
2. The guardian shall provide for the payment of a commission upon the sale of the real property which:
(a) Must be paid from the proceeds of the sale;
(b) Must be fixed in an amount not to exceed:
(1) Ten percent for unimproved real property; or
(2) Seven percent for real property with any type of improvement; and
(c) Must be authorized by the court by confirmation of the sale.
3. Upon confirmation of the sale by the court, the contract for the sale becomes binding and enforceable against the estate.
4. A guardian may not be held personally liable and the estate is not liable for the payment of any commission set forth in a contract entered into with an agent or broker pursuant to this section until the sale is confirmed by the court, and then is liable only for the amount set forth in the contract.
(Added to NRS by 2003, 1760; A 2017, 3913)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1415 - Presentation of offer to purchase real property to court for confirmation; division of commission for sale of such property.

1. Except as otherwise provided in subsection 10 of NRS 159.146, if a contract of sale to purchase real property of a guardianship estate is presented to the court for confirmation:
(a) Other persons may submit higher bids in open court; and
(b) The court may confirm the highest bid.
2. Upon confirmation of a sale of real property by the court, the commission for the sale must be divided between the listing agent or broker and the agent or broker who secured the purchaser to whom the sale was confirmed, if any, in accordance with the contract with the listing agent or broker.
(Added to NRS by 2003, 1760; A 2017, 3913)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.142 - Sale of interest of protected person in real property owned jointly with one or more persons.

1. If a protected person owns real property jointly with one or more other persons, after the court grants authority to sell the property, the interest owned by the protected person may be sold to one or more joint owners of the property only if:
(a) All joint owners of the property have been given notice that the court has granted the authority to sell the property;
(b) The guardian files a petition with the court to confirm the sale pursuant to NRS 159.134; and
(c) The court confirms the sale.
2. The court shall confirm the sale only if:
(a) The net amount of the proceeds from the sale to the estate of the protected person is not less than 90 percent of the fair market value of the portion of the property to be sold; and
(b) Upon confirmation, the estate of the protected person will be released from all liability for any mortgage or lien on the property.
(Added to NRS by 2003, 1761; A 2017, 3914)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1425 - Notice of sale of real property of protected person: When required; manner of providing; waiver; content.

1. Except as otherwise provided in this section and except for a sale pursuant to NRS 159.123 or 159.142, a guardian may sell the real property of a protected person only after the court grants authority for the sale pursuant to NRS 159.113 and notice of the sale is published:
(a) In a newspaper that is published in the county in which the property, or some portion of the property, is located;
(b) If a newspaper is not published in the county in which the property, or some portion of the property, is located:
(1) In a newspaper of general circulation in the county; or
(2) In such other newspaper as the court orders; or
(c) On a public property listing service for a period of not less than 30 days.
2. Except as otherwise provided in this section and except for a sale of real property pursuant to NRS 159.123 or 159.142, the notice of a sale must be published pursuant to paragraph (a) or (b) of subsection 1 not less than three times before the date on which the sale may be made, over a period of 14 days and 7 days apart.
3. For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.
4. The court may waive the requirement of publication pursuant to this section if:
(a) The guardian is the sole devisee or heir of the estate; or
(b) All devisees or heirs of the estate consent to the waiver in writing.
5. Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a net value of $10,000 or less. In lieu of publication, the guardian shall post notice of the sale in three of the most public places in the county in which the property, or some portion of the property, is located for at least 14 days before the date on or after which an offer will be accepted for a sale.
6. Any notice published or posted pursuant to this section must include, without limitation:
(a) A description of the real property which reasonably identifies the property to be sold; and
(b) The date, time and location on or after which an offer will be accepted.
(Added to NRS by 2003, 1761; A 2009, 1661; 2017, 3914)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.144 - Sale of real property of guardianship estate: Requirements for establishing date; manner of making offers.

1. Except for the sale of real property pursuant to NRS 159.123 or 159.142, a sale of real property of a guardianship estate:
(a) Must not occur before the date stated in the notice.
(b) Except as otherwise provided in this paragraph, must not occur sooner than 14 days after the date of the first publication or posting of the notice. For good cause shown, the court may shorten the time in which the sale may occur to not sooner than 8 days after the date of the first publication or posting of the notice. If the court so orders, the notice of the sale and the sale may be made to correspond with the court order.
(c) Must occur not later than 1 year after the date stated in the notice.
2. The offers made in a sale:
(a) Must be in writing; and
(b) May be delivered to the place designated in the notice or to the guardian at any time after the date of the first publication or posting of the notice.
(Added to NRS by 2003, 1762; A 2009, 1662; 2017, 3915)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1455 - Confirmation by court of sale of real property of guardianship estate.

1. Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate unless:
(a) The court is satisfied that the amount offered represents the fair market value of the property to be sold; and
(b) Except for a sale of real property pursuant to NRS 159.123, the real property has been appraised within 1 year before the date of the sale. If the real property has not been appraised within this period, a new appraisal must be conducted pursuant to NRS 159.086 and 159.0865 at any time before the sale or confirmation by the court of the sale.
2. The court may waive the requirement of an appraisal upon a showing to and specific findings by the court on the record that:
(a) An additional appraisal will unduly delay the sale; and
(b) The delay will impair the estate of the protected person.
(Added to NRS by 2003, 1762; A 2009, 1662; 2017, 3915)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1465 - Conveyance of real property of guardianship estate to purchaser upon confirmation of sale by court.

1. If the court confirms a sale of real property of a guardianship estate, the guardian shall execute a conveyance of the property to the purchaser.
2. The conveyance must include a reference to the court order confirming the sale, and a certified copy of the court order must be recorded in the office of the recorder of the county in which the property, or any portion of the property, is located.
3. A conveyance conveys all the right, title and interest of the protected person in the property on the date of the sale, and if, before the date of the sale, by operation of law or otherwise, the protected person has acquired any right, title or interest in the property other than or in addition to that of the protected person at the time of the sale, that right, title or interest also passes by the conveyance.
(Added to NRS by 2003, 1763)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1475 - Sale of real property made upon credit.

1. If a sale of real property is made upon credit, the guardian shall take:
(a) The note or notes of the purchaser for the unpaid portion of the sale; and
(b) A mortgage on the property to secure the payment of the notes.
2. The mortgage may contain a provision for release of any part of the property if the court approves the provision.
(Added to NRS by 2003, 1763)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.148 - Neglect or refusal of purchaser of real property to comply with terms of sale.

1. After confirmation of the sale of real property, if the purchaser neglects or refuses to comply with the terms of the sale, the court may set aside the order of confirmation and order the property to be resold:
(a) On motion of the guardian; and
(b) After notice is given to the purchaser.
2. If the amount realized on the resale of the property is insufficient to cover the bid and the expenses of the previous sale, the original purchaser is liable to the estate of the protected person for the deficiency.
(Added to NRS by 2003, 1763)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1495 - Fraudulent sale of real property of protected person by guardian.

A guardian who fraudulently sells any real property of a protected person in a manner inconsistent with the provisions of this chapter is liable for double the value of the property sold, as liquidated damages, to be recovered in an action by or on behalf of the protected person.
(Added to NRS by 2003, 1764)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1505 - Periods of limitation for actions to recover or set aside sale of real property.

The periods of limitation prescribed in NRS 11.260 apply to all actions:
1. For the recovery of real property sold by a guardian in accordance with the provisions of this chapter; and
2. To set aside a sale of real property.
(Added to NRS by 2003, 1764)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.1515 - Sale of certain personal property of protected person by guardian; destruction of certain personal property of protected person without notice.

1. Except as otherwise provided in subsection 2, a guardian may sell or dispose of personal property of the protected person that has a total value of less than $10,000 if:
(a) A notice of intent to sell or dispose of the property is mailed by certified mail or delivered personally to the protected person, his or her attorney and the persons specified in NRS 159.034; and
(b) No objection to the sale or disposal is made within 15 days after such notice is received.
2. A guardian may authorize the immediate destruction of the personal property of a protected person without notice if:
(a) The guardian determines that the property has been contaminated by vermin or biological or chemical agents;
(b) The expenses related to the decontamination of the property cause salvage to be impractical;
(c) The property constitutes an immediate threat to public health or safety;
(d) The handling, transfer or storage of the property might endanger public health or safety or exacerbate contamination; and
(e) The value of the property is less than $100 or, if the value of the property is $100 or more, a state or local health officer has endorsed the destruction of the property.
(Added to NRS by 2003, 1764; A 2017, 3917)
2023 Nevada Revised Statutes › Chapter 159 - Guardianship of Adults › NRS 159.152 - Sale of security of protected person by guardian.

A guardian may sell any security of the protected person if:
1. The guardian petitions the court for confirmation of the sale;
2. The clerk sets the date of the hearing;
3. The guardian gives notice in the manner required pursuant to NRS 159.034 unless, for good cause shown, the court shortens the period within which notice must be given or dispenses with notice; and
4. The court confirms the sale.
(Added to NRS by 2003, 1764)