reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.270 - Hearing concerning confirmation of sale: Considerations; higher offer; continuance; confirmation of sale without bids of property subject to lien or mortgage exceeding value of property.

1. At the hearing, the court shall consider the necessity for the sale, or the advantage, benefit and interest of the estate in having the sale made, and must examine the return and the evidence in relation to the sale.
2. If it appears to the court that good reason existed for the sale, that the sale was legally made and fairly conducted, and complied with the requirements of NRS 148.260, that the sum bid is not disproportionate to the value, and it does not appear that a sum exceeding the bid by at least 5 percent if the bid is not more than $100,000, or by at least $5,000 if the bid is $100,000 or more, may be obtained, the court shall enter an order confirming the sale and directing conveyances to be executed. Otherwise, it shall vacate the sale. If the court directs that the property be resold, notice must be given and the sale in all respects conducted as if no previous sale had taken place.
3. If a written offer of 5 percent or $5,000 more in amount than that named in the return is made to the court by a responsible person, as provided in subsection 2, and the bid complies with all provisions of the law, the court may accept the offer and confirm the sale to that person, order a new sale or conduct a public auction in open court.
4. If a higher bid is received at the time of a hearing to confirm the sale, the court may continue the hearing if it finds that the original bidder was not notified of the hearing and might desire to increase his or her bid, but failure to notify the original bidder or to continue the hearing is not grounds to void an order confirming a sale.
5. If the court accepts a higher bid at the time of a hearing to confirm the sale, the court shall confirm the original purchase contract and include in the order confirming the sale the substitution of the new sale price and purchaser. The order confirming the sale is a sufficient addendum to the original contract to allow escrow to close.
6. Notwithstanding the provisions of this section, if the estate is subject to a lien or mortgage that exceeds the value of the property and the estate has entered into an agreement with the holder of the lien or mortgage to waive any deficiency as to other estate property and accept the net sales proceeds as full satisfaction of the lien or mortgage, the court shall confirm the sale without accepting bids on the property.
[161:107:1941; 1931 NCL § 9882.161]—(NRS A 1981, 554; 1999, 2320; 2017, 1682)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.280 - Conveyances after confirmation of sale.

1. If a sale is confirmed, a conveyance must be executed to the purchaser by the personal representative. The conveyance must refer to the order confirming sale, and a certified copy of the order must be recorded in the office of the recorder of the county in which the property, or any portion thereof, is located.
2. A conveyance so made conveys all the right, title, interest and estate of the decedent in the property at the time of the decedent’s death, and if before the sale, by operation of law or otherwise, the estate has acquired any right, title or interest in the property other than or in addition to that of the decedent at the time of his or her death, that right, title or interest also passes by the conveyance.
[162:107:1941; 1931 NCL § 9882.162]—(NRS A 1999, 2321)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.290 - Sale on credit.

1. If a sale is made upon credit, the personal representative shall take the note or notes of the purchaser for the unpaid portion of the purchase money, with a mortgage on the property to secure their payment.
2. The mortgage may contain a provision for release of parts of the property if the court approves the provision.
[163:107:1941; 1931 NCL § 9882.163]—(NRS A 1981, 554; 1999, 2321)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.300 - Failure of purchaser to complete sale.

If, after the confirmation, the purchaser neglects or refuses to comply with the terms of the sale, the court, on motion of the personal representative, and after notice to the purchaser, may vacate the order of confirmation and order a resale of the property. If the amount realized on the resale does not cover the bid and the expenses of the previous sale, the purchaser is liable to the estate for the deficiency.
[164:107:1941; 1931 NCL § 9882.164]—(NRS A 1999, 2321)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.310 - Fraudulent sale: Penalty.

A personal representative who fraudulently sells any real property of a decedent contrary to or otherwise than under 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 the person having an estate of inheritance therein.
[165:107:1941; 1931 NCL § 9882.165]—(NRS A 1999, 2321)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.320 - Periods of limitation.

The periods of limitation prescribed in NRS 11.270 apply to all actions for the recovery of any property sold by a personal representative in accordance with the provisions of this chapter, and to all actions to set aside such a sale.
[166:107:1941; 1931 NCL § 9882.166]—(NRS A 1959, 859; 1999, 2322)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.330 - Method of sale.

If a decedent, at the time of death, was a party to a contract for the purchase of property, the interest in the property and under the contract may be sold by the personal representative in the same manner as if the decedent had died seised of the property, and the same proceedings may be had for that purpose as are prescribed in this chapter for the sale of property of which he or she died seised, except as otherwise provided in this chapter.
[167:107:1941; 1931 NCL § 9882.167]—(NRS A 1999, 2322)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.340 - Sale subject to claims; bond of purchaser.

1. The sale must be made subject to all payments which are due at the time of sale or which may thereafter become due on the contract, and if there are any, the sale must not be confirmed by the court until the purchaser executes a bond to the personal representative for the benefit and indemnity of himself or herself and of the persons entitled to the interest of the decedent in the property so contracted for, in double the whole amount of payments then due and thereafter to become due on the contract, with such sureties as the court approves.
2. The bond must be conditioned that the purchaser will make all payments for the property which are then due or which become due after the date of the sale, and will fully indemnify the personal representative and the persons so entitled against all demands, cost, charges and expenses by reason of any covenant or agreement contained in the contract.
3. A bond need not be given if no claim has been made against the estate upon the contract and time for filing or presenting claims has expired, nor if the holder of the claim, by a signed and acknowledged instrument filed in the matter of the estate, releases the estate from all liability upon the claim.
[168:107:1941; 1931 NCL § 9882.168]—(NRS A 1999, 2322)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.350 - Assignment after confirmation.

Upon the confirmation of the sale, the personal representative shall execute to the purchaser an assignment of the contract, which vests in the purchaser, and the heirs and assigns of the purchaser, all the right, title and interest of the estate, or of the persons entitled to the interest of the decedent, in the property sold at the time of the sale, and the purchaser has the same rights and remedies against the seller of the property as the decedent would have had if living.
[169:107:1941; 1931 NCL § 9882.169]—(NRS A 1999, 2322)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.360 - Petition for sale: Notice.

1. To enter into an agreement to sell or to give an option to purchase a mining claim, or real property worked as a mine, belonging to the estate of a decedent, the personal representative, or an interested person, shall file a petition describing the property in question, stating the terms and general conditions of the proposed agreement or option, showing the advantage or advantages that may accrue to the estate from entering into it, and requesting an order authorizing or directing its execution.
2. The clerk shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner provided in NRS 155.010.
[170:107:1941; 1931 NCL § 9882.170]—(NRS A 1975, 1774; 1999, 2322)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.370 - Hearing; order authorizing sale.

1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented, and if, after a hearing, the court is satisfied that it will be to the advantage of the estate to enter into the proposed agreement, it shall enter an order directing the personal representative to enter into the agreement of sale or to give the option to purchase.
2. The order may prescribe the terms and conditions of the agreement or option.
3. A certified copy of the order must be recorded in the office of the county recorder of every county in which the property affected by the agreement or option, or any portion thereof, is located.
[171:107:1941; 1931 NCL § 9882.171]—(NRS A 1999, 2323)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.380 - Additional bond of personal representative; agreement or option to purchase.

1. The order must fix the amount of such additional bond as the court determines should be given by the personal representative, who is not entitled to receive any of the proceeds from the agreement or option until the bond is given and approved.
2. When the order is entered, the personal representative shall execute, acknowledge and deliver an agreement or option to purchase containing the conditions specified in the order and setting forth therein that it is made by authority of the order, and giving the date of the order.
[172:107:1941; 1931 NCL § 9882.172]—(NRS A 1999, 2323)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.390 - Failure to comply with agreement or option.

If the purchaser or option holder neglects or refuses to comply with the terms of the agreement or option, the court, on petition of the personal representative, and after notice to the purchaser or option holder, shall enter an order cancelling the agreement or option, but the cancellation does not affect any liability previously created.
[173:107:1941; 1931 NCL § 9882.173]—(NRS A 1999, 2323)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.400 - Procedure after compliance with agreement or option to purchase.

If the terms of an agreement to sell or option to purchase have been complied with by the purchaser or option holder, and all payments have been made according to the terms thereof, the personal representative shall make a return to the court and petition for confirmation. Notice must be given, a hearing had, an order made by the court confirming or refusing to confirm the proceedings and conveyances executed, in the same manner and with like effect as in the case of the sale of real property.
[174:107:1941; 1931 NCL § 9882.174]—(NRS A 1999, 2323)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.420 - Authorization of conveyance.

If a person who is bound by contract in writing to convey or transfer property dies before making the conveyance or transfer, and the decedent, if living, could have been compelled to make the conveyance or transfer, the court in which proceedings are pending for the administration of the estate of the decedent may enter an order directing the personal representative to convey or transfer the property to the persons entitled thereto.
(Added to NRS by 1999, 2314)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.430 - Petition and notice.

1. The personal representative, or the person claiming to be entitled to the conveyance or transfer, may file with the clerk a petition setting forth the facts upon which the claim is predicated.
2. The clerk shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010.
(Added to NRS by 1999, 2315)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.440 - Hearing and order.

1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall hear the petition and any objection that has filed or is presented.
2. If the court is satisfied that the conveyance or transfer should be made, it shall enter an order directing the personal representative to execute the conveyance or transfer to the person entitled thereto.
3. If the transaction relates to real property, a certified copy of the order must be recorded with the deed in the office of the county recorder of the county in which the real property is located.
(Added to NRS by 1999, 2315)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.450 - Effect of order; execution of order.

1. The order is prima facie evidence of the correctness of the proceedings and of the authority of the personal representative to make the conveyance or transfer, and after its entry, the person entitled to the conveyance or transfer has a right to the possession of the property contracted for, and to hold the property according to the terms of the intended conveyance or transfer, in like manner as if it had been conveyed or transferred pursuant to the order.
2. The personal representative shall execute the conveyance or transfer according to the directions of the order, and the court may enforce its execution by process. The conveyance or transfer passes title to the property contracted for as fully as if the contracting party had executed it while living.
(Added to NRS by 1999, 2315)
2023 Nevada Revised Statutes › Chapter 148 - Sales, Conveyances and Exchanges › NRS 148.500 - Authorization to exchange: Petition; notice.

If it appears advantageous to the estate to exchange any property of the estate for other property, the court may authorize the exchange, upon petition of the personal representative or of an interested person. The clerk shall set the petition for hearing, and the petitioner shall give notice of the hearing for the period and in the manner required by NRS 155.010.
(Added to NRS by 1999, 2315)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.010 - Authorization to borrow; purposes warranting borrowing; joint borrowing.

1. If it appears to be to the advantage of the estate to borrow money upon a note or notes, unsecured or to be secured by a security agreement or other lien upon the personal property of the decedent or any part thereof, or to be secured by a mortgage upon the real property of the decedent or any part thereof, or to mortgage or create a security interest or other lien upon the property or any part thereof, in order to pay the debts of the decedent, or devises, or expenses or charges of administration, or to pay, reduce, extend or renew a security interest or agreement or lien or mortgage existing upon property of the estate, and as often as occasion arises in the administration of the estate, the court may direct the personal representative to borrow the money and to execute such note or notes and, in a proper case, to execute such mortgage, or to give other security by way of security interest or other lien, or may authorize, in a proper case, the execution of an extension agreement.
2. If property of the estate consists of an undivided fractional interest in real or personal property, and it appears to be to the advantage of the estate to borrow money in order to improve, utilize, operate or preserve the property jointly with the other co-owner or co-owners, or in order to pay, reduce, extend or renew some security interest or agreement, lien or mortgage existing upon the property, including the other undivided interest or interests therein, the court may direct the personal representative to borrow the money required for those purposes and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such joint and several note or notes as may be necessary, and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such security agreement, lien or mortgage as may be required to secure the payment of the note or notes.
[175:107:1941; 1931 NCL § 9882.175]—(NRS A 1969, 3; 1999, 2325)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.020 - Petition.

1. The personal representative or an interested person shall file a petition showing:
(a) The particular purpose or purposes for which the order is sought.
(b) The necessity for or advantage to accrue from entry of the order.
(c) The amount of money proposed to be raised, if any.
(d) The rate of interest to be paid.
(e) The length of time the note or notes are to run.
(f) A general description of the property proposed to be mortgaged or subjected to the security agreement or other lien.
2. The clerk shall set the petition for hearing and the petitioner shall give notice of the hearing in the manner required by NRS 155.010 or as the court by order may require.
[176:107:1941; 1931 NCL § 9882.176]—(NRS A 1969, 4; 1975, 1775; 1999, 2325)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.030 - Hearing and order.

1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection that may have been filed or presented. If, after a hearing, the court is satisfied that it will be to the advantage of the estate, it shall enter an order directing the personal representative to borrow the money and to execute the note or notes, and, in a proper case, to execute the mortgage or give other security by way of security interest or other lien.
2. The court may direct that a lesser amount than that named in the petition be borrowed, and may prescribe the maximum rate of interest and the period of the loan, and require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof, and that the personal property to be subject to the security agreement or other lien, or any improvements on the premises to be mortgaged, are insured for the further security of the lender, and the premiums paid from the assets of the estate.
3. A certified copy of the order must be recorded in the office of the county recorder of every county in which the property affected by the order, or any portion thereof, is located.
[177:107:1941; 1931 NCL § 9882.177]—(NRS A 1969, 4; 1999, 2326)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.040 - Execution of instruments.

The personal representative shall execute, acknowledge and deliver the mortgage or other security, as directed, setting forth therein that it is made by authority of the order, giving the date of the order. The note or notes and mortgage or other security must be signed by the personal representative as such, and create no personal liability against him or her.
[178:107:1941; 1931 NCL § 9882.178]—(NRS A 1999, 2326)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.050 - Effect of proceedings under NRS 149.010 to 149.050, inclusive.

1. A mortgage or security agreement so made is effectual to mortgage or subject to the security agreement all right, title, interest and estate which the decedent had in the property described therein at the time of his or her death or previously and any right, title or interest in the property acquired by the estate of the decedent, by operation of law or otherwise, since the time of his or her death.
2. Jurisdiction of the court to administer the estate of the decedent is effectual to vest the court with jurisdiction to enter the order for the note or notes and mortgage or security agreement, and the jurisdiction conclusively inures to the benefit of the mortgagee named in the mortgage or the secured party named in the security agreement and the heirs, successors and assigns of the secured party.
3. No omission, error or irregularity in the proceedings impairs or invalidates them or the note or notes or mortgage or security agreement given in pursuance thereof, and the mortgagee or secured party and the heirs, successors and assigns of the secured party, have and possess the same rights and remedies on the note or notes and mortgage or security agreement as if it had been made by the decedent before his or her death, except that, upon any foreclosure or sale under the mortgage or security agreement, if the proceeds of the sale of the encumbered property are insufficient to pay the note or notes, the mortgage or security agreement, and the costs or expenses of sale, no judgment may be had or allowed except in cases where the note or notes or mortgage or security agreement was given to pay, reduce, extend or renew a lien, mortgage or security agreement existing at the time of the death of the decedent and the indebtedness secured thereby was an allowed and approved claim against the estate, in which case the part of the indebtedness remaining unsatisfied must be classed and paid with other allowed claims against the estate.
[179:107:1941; 1931 NCL § 9882.179]—(NRS A 1969, 5; 1999, 2326)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.060 - Authorization to lease.

If it appears to be to the advantage of the estate to lease any real property of the decedent, and as often as occasion arises in the administration of the estate, the court may direct the personal representative to execute the lease.
[180:107:1941; 1931 NCL § 9882.180]—(NRS A 1999, 2327)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.070 - Petition.

1. To obtain such an order the personal representative or an interested person shall file a petition, showing the advantage to accrue from giving the lease, a general description of the property proposed to be leased, and the term, rental and general conditions of the proposed lease.
2. The clerk shall set the petition for hearing, and the petitioner shall give notice of the hearing in the manner required by NRS 155.010 or as the court by order may require.
[181:107:1941; 1931 NCL § 9882.181]—(NRS A 1975, 1775; 1999, 2327)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.090 - Execution of lease; effect of omission, error or irregularity in proceedings.

1. The personal representative shall execute, acknowledge and deliver the lease as directed, setting forth therein that it is made by authority of the order, giving the date of the order.
2. A lease so made is effectual to lease the property described, at the rent, for the term and upon the conditions therein prescribed.
3. Jurisdiction of the court to administer the estate of the decedent is effectual to vest the court with jurisdiction to enter the order for the lease, and that jurisdiction conclusively inures to the benefit of the lessee, the lessee’s heirs, successors and assigns.
4. No omission, error or irregularity in the proceedings impairs or invalidates them or the lease made in pursuance thereof.
[183:107:1941; 1931 NCL § 9882.183]—(NRS A 1999, 2328)
2023 Nevada Revised Statutes › Chapter 149 - Notes, Mortgages and Leases › NRS 149.100 - Lease without court order.

A personal representative may lease property without an order of court if the tenancy is from month to month, or for a term not to exceed 1 year.
[184:107:1941; 1931 NCL § 9882.184]—(NRS A 1975, 1775; 1999, 2329)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.010 - Expenses and compensation of personal representative.

A personal representative must be allowed all necessary expenses in the administration and settlement of the estate, and fees for services as provided by law, but if the decedent by will makes some other provision for the compensation of the personal representative, this shall be deemed a full compensation for those services, unless within 60 days after his or her appointment the personal representative files a renunciation, in writing, of all claim for the compensation provided by the will.
[206:107:1941; 1931 NCL § 9882.206]—(NRS A 1999, 2329; 2003, 2514; 2011, 1455)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.020 - General compensation.

1. If no compensation is provided by the will, or the personal representative renounces all claims thereto, fees must be allowed upon the whole amount of the estate which has been accounted for, less liens and encumbrances, as follows:
(a) For the first $15,000, at the rate of 4 percent.
(b) For the next $85,000, at the rate of 3 percent.
(c) For all above $100,000, at the rate of 2 percent.
2. The same fees must be allowed to the personal representative if there is no will.
3. If there are two or more personal representatives, the compensation must be apportioned among them by the court according to the services actually rendered by each.
4. In addition to the fees described in subsection 1, the court may allow such fees as it deems just and reasonable if the fees authorized pursuant to subsection 1 are not sufficient to reasonably compensate the personal representative.
[207:107:1941; 1931 NCL § 9882.207]—(NRS A 1987, 511; 1999, 2330; 2009, 1632)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.025 - Compensation of personal representative who is an attorney.

1. Notwithstanding any provision to the contrary in the will, a personal representative who is an attorney retained to perform services for the personal representative may receive compensation for services as a personal representative or for services as an attorney for the personal representative, but not both, unless the court:
(a) Approves a different method of compensation in advance; and
(b) Finds that method of compensation to be for the advantage, benefit and best interests of the decedent’s estate.
2. The provisions of this section shall not be construed to disallow compensation for services rendered by an attorney as a personal representative if:
(a) Such services are included as part of the legal services of the attorney in a manner consistent with NRS 150.060; and
(b) The attorney does not receive compensation pursuant to subsection 1 of NRS 150.020.
3. The services which are rendered by a personal representative who is an attorney and for which compensation is requested pursuant to this section include services rendered by an employee, associate or partner in the same firm of such an attorney and services rendered by an affiliate of such an attorney.
4. As used in this section, "affiliate" has the meaning ascribed to it in NRS 163.020.
(Added to NRS by 2011, 1455)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.030 - Compensation for extraordinary services.

Such further allowances may be made as the court deems just and reasonable for any extraordinary services, such as:
1. Management, sales or mortgages of real or personal property.
2. Contested or litigated claims against the estate.
3. The adjustment and payments of extensive or complicated estate taxes.
4. Litigation in regard to the property of the estate.
5. The carrying on of the decedent’s business pursuant to an order of the court.
6. Such other litigation or special services as may be necessary for the personal representative to prosecute, defend or perform.
[208:107:1941; 1931 NCL § 9882.208]—(NRS A 1975, 1776; 1999, 2330)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.040 - Contracts for higher compensation void.

A contract between a personal representative and an heir or devisee for a higher compensation than that allowed by NRS 150.020 and 150.030 is void.
[209:107:1941; 1931 NCL § 9882.209]—(NRS A 1999, 2330)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.050 - Allowance on compensation.

1. A personal representative, at any time after the issuance of letters and upon such notice to the interested persons as the court requires, may apply to the court for an allowance upon his or her fees.
2. On the hearing, the court shall enter an order allowing a personal representative who applied to the court pursuant to subsection 1 such portion of the fees, for services rendered up to that time, as the court deems proper, and the portion so allowed may be charged against the estate.
[210:107:1941; 1931 NCL § 9882.210]—(NRS A 1977, 1017; 1999, 2330; 2011, 1455)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.0605 - Attorneys for petitioners generally: Compensation when estate’s value does not exceed $100,000.

If the estate is set aside pursuant to NRS 146.070, the court may order reasonable attorney’s fees and costs to be paid from the assets being set aside directly to the attorney for the petitioner.
(Added to NRS by 2011, 1455)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.061 - Attorneys for personal representatives: Compensation for extraordinary services.

1. If an attorney for a personal representative receives compensation pursuant to NRS 150.060 based on the value of the estate accounted for by the personal representative, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable after petition, notice and hearing in the manner provided in NRS 150.060.
2. Extraordinary services by the attorney for a personal representative for which the court may allow compensation include extraordinary services performed by a paralegal under the direction and supervision of the attorney.
3. The petition requesting approval for compensation for extraordinary services must include the following information:
(a) Reference to time and hours;
(b) The nature and extent of services rendered;
(c) The complexity of the work required;
(d) The hours spent and services performed by a paralegal if the compensation includes extraordinary services performed by a paralegal as described in subsection 2; and
(e) Other information considered to be relevant to a determination of entitlement.
4. An attorney for a personal representative may agree to perform extraordinary services on a contingency fee basis if:
(a) There is a written agreement between the personal representative and the attorney that sets forth the manner in which the compensation is to be calculated and that is approved by the court after a hearing; and
(b) The court determines that the compensation provided in the agreement is just and reasonable and that the agreement will be to the advantage of the estate and is in the best interests of the persons interested in the estate.
5. Notice of a hearing required by subsection 4 must be given for the period and in the manner provided in NRS 155.010.
6. As used in this section, "extraordinary services" include, without limitation:
(a) Sales or mortgages of real or personal property;
(b) Operating a decedent’s business;
(c) Participating in litigation relating to the estate;
(d) Securing a loan to pay debts relating to the estate; and
(e) Preparing and filing income tax returns for the estate.
(Added to NRS by 2009, 1629)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.063 - Attorneys for personal representatives: Apportionment of compensation for two or more attorneys.

1. If there are two or more attorneys for a personal representative, the compensation must be apportioned among the attorneys by the court according to the services actually rendered by each attorney unless otherwise provided in an agreement by the attorneys.
2. If there are two or more personal representatives and the personal representatives have separate legal representation, each attorney for each personal representative is entitled to have the compensation for attorneys apportioned among the attorneys by the court according to the services actually rendered by each attorney unless otherwise provided in an agreement by the attorneys.
(Added to NRS by 2009, 1630; A 2011, 1457)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.065 - Attorneys for personal representatives: Allowance of compensation after period for creditors to file claims against estate.

1. At any time after the expiration of the period for creditors of the estate to file their claims in a summary or full administration pursuant to NRS 145.060 or 147.040, as applicable, a personal representative or an attorney for a personal representative may file a petition with the court for an allowance upon the compensation of the attorney for the personal representative.
2. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition to the personal representative if he or she is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the compensation which the court will be requested to approve or allow and the manner in which the compensation was determined.
3. On the hearing, the court may enter an order allowing the portion of the compensation of the attorney for the personal representative for such services rendered up to that time as the court deems proper. The order must authorize the personal representative to charge against the estate the amount of compensation allowed by the court pursuant to this subsection.
(Added to NRS by 2009, 1630; A 2011, 1458)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.067 - Attorneys for personal representatives: Final compensation; petition; notice; hearing and order.

1. At the time of the filing of the final account and of a petition for an order for final distribution of the estate, the personal representative or the attorney for the personal representative may file a petition with the court for an order fixing and allowing the compensation of the attorney for the personal representative for all services rendered in the estate proceeding.
2. The request for compensation described in subsection 1 may be included in the final account or in the petition for an order for final distribution of the estate or may be made in a separate petition.
3. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition to the personal representative if he or she is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the compensation which the court will be requested to approve or allow and the manner in which the compensation was determined.
4. On the hearing, the court shall make an order fixing and allowing the compensation for all services rendered in the estate proceeding. The order must authorize the personal representative to pay the attorney out of the estate the amount of compensation allowed by the court pursuant to this subsection less any amount paid to the attorney out of the estate pursuant to NRS 150.065.
(Added to NRS by 2009, 1631)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.070 - Liability of personal representative; accounting required for property sold over inventoried value.

1. A personal representative is accountable for the whole estate that comes into the possession of the personal representative at the value of the appraisement contained in the inventory, except as otherwise provided in this title, and for all the interest, profit and income of the estate.
2. A personal representative is not accountable for any debts due the decedent that remain uncollected without his or her fault.
3. A personal representative shall not make profit by the increase nor suffer loss by the decrease or destruction of any part of the estate without his or her fault. The personal representative shall account for the excess when any part of the estate is sold for more than the inventoried value and, if any assets are sold for less than that value, the personal representative is not responsible for the loss if the sale has been made according to law.
[203:107:1941; 1931 NCL § 9882.203] + [204:107:1941; 1931 NCL § 9882.204] + [205:107:1941; 1931 NCL § 9882.205]—(NRS A 1999, 2331)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.080 - First account: Filing and contents.

Within 6 months after the appointment of a personal representative, or sooner if required by the court, upon its own motion or upon the petition of an interested person, a personal representative shall file with the clerk the first, verified account, showing:
1. The amount of money received and expended by the personal representative.
2. The claims filed or presented against the estate, giving the name of each claimant, the nature of his or her claim, when it became due or will become due, whether it was allowed or rejected by the personal representative, or not yet acted upon.
3. All other matters necessary to show the condition of the estate.
[213:107:1941; 1931 NCL § 9882.213]—(NRS A 1999, 2332; 2001, 164)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.100 - Penalties for failure to file first account.

1. If the personal representative fails to file the first account within the time specified in NRS 150.080, the court shall order a citation to issue requiring the personal representative to file the account by a time to be stated in the citation, as fixed by the court, or appear and show cause why the personal representative should not be compelled to file the account.
2. If the personal representative fails to file the account by the time stated, or show cause why not, the court, by attachment or other proper process, may compel the personal representative to file such an account or may revoke the letters, or both, and like action may be taken in reference to any subsequent account the personal representative may be required to file.
[214:107:1941; 1931 NCL § 9882.214]—(NRS A 1999, 2332)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.105 - Annual account: Contents.

Until all remaining property is delivered pursuant to an order of final distribution, a personal representative shall file with the court, annually, an account showing the income the personal representative has received, what expenditures he or she has made, what property has been disbursed, or sold and at what price, and the nature and value of the property remaining on hand.
(Added to NRS by 1999, 2329)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.110 - Final account: Filing; penalties for failure to file.

1. If all the property of an estate has been sold or there is money available for the payment of all debts due by the estate, and the estate is in a proper condition to be closed, the personal representative shall file a final account and request a settlement of his or her administration.
2. If the personal representative neglects to file a final account, the same proceedings may be had as prescribed in this chapter in regard to the first account to be filed by the personal representative, and all the provisions relative to the first account, and the notice and settlement thereof, apply to the account for final settlement.
[Part 231:107:1941; A 1953, 179] + [232:107:1941; 1931 NCL § 9882.232]—(NRS A 1999, 2332)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.115 - Supplementary account to final account.

A supplementary account of any receipts and disbursements by the personal representative since the filing of the final account of the personal representative must be filed before or at the time of making a final distribution, unless the distribution is only of real property. A settlement of the supplementary account, together with an estimate of the expense of closing the estate, must be entered by the court and included in the order. The court may order notice of the settlement of the supplementary account.
(Added to NRS by 1999, 2329)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.120 - Accounting when authority of personal representative ceases.

If the authority of a personal representative ceases or is revoked for any reason, the personal representative may be cited by the court to account, at the instance of the person succeeding to the administration of the same estate, in like manner as the personal representative might have been by any interested person during the term of the appointment.
[221:107:1941; 1931 NCL § 9882.221]—(NRS A 1999, 2333)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.130 - Accounts of deceased or incapacitated personal representative: Accounting by personal representative, guardian or attorney.

1. If a personal representative dies or becomes incapacitated, the accounts may be presented to the court by the personal representative or guardian of the former personal representative. Upon petition of a successor to the deceased or incapacitated personal representative, the court shall compel the personal representative or guardian to file an account of the administration. The court shall settle such an account as in other cases.
2. In the absence of a personal representative or guardian of the deceased or incapacitated personal representative, the court may compel an attorney to file an account of the administration to the extent that the attorney has information or records available for that purpose. The account of the attorney need not be verified. A fee must be allowed the attorney by the court for this extraordinary service.
[Part 231:107:1941; A 1953, 179]—(NRS A 1999, 2333)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.140 - Revocation of letters when personal representative absconds and fails to account.

If the personal representative absconds, or if, after reasonable diligence, he or she cannot be found, so that a citation cannot be personally served, and the personal representative neglects to file an account within 20 days after the time fixed for that purpose, the letters must be revoked.
[222:107:1941; 1931 NCL § 9882.222]—(NRS A 1999, 2333)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.150 - Vouchers for payments: Filing not required; examination and audit; lost or unavailable.

1. A personal representative need not file vouchers with the court to substantiate payments made in the administration of the estate, but shall retain possession of the vouchers and permit their examination by the court or an interested person.
2. The court, on its own motion or on application ex parte for good cause by an interested person, may order production for examination and audit the vouchers that support an account specified in the order.
3. If any vouchers are lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the expenses were paid in good faith and were legal charges against the estate, the personal representative must be allowed those expenses.
[217:107:1941; A 1953, 505]—(NRS A 1967, 870; 1999, 2333)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.160 - Account and petition for settlement: Hearing and notice.

1. If an account and a petition for settlement thereof is filed, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner required by NRS 155.010.
2. If the account is for a final settlement and a petition for the final distribution of the estate is filed with the account, the notice of settlement must so state, and on the settlement of the account, distribution of the estate to those entitled thereto may be made as soon as possible.
[215:107:1941; 1931 NCL § 9882.215]—(NRS A 1975, 1777; 1987, 782; 1999, 2334)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.170 - Contest of account: Rights of interested person; hearing.

1. An interested person may appear and file written objections to the account and contest it.
2. Upon the hearing, the personal representative may be examined under oath concerning the account and the property and effects of the decedent and the disposition thereof.
3. All matters, including allowed claims not addressed in the settlement of any former account and not reduced to judgment, may be contested for cause shown.
[216:107:1941; 1931 NCL § 9882.216]—(NRS A 1999, 2334)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.180 - Appointment of attorney to represent minor, unborn, incapacitated or absent heirs and devisees; fees.

1. If a minor is interested in the estate who has no legally appointed guardian, the court may appoint a disinterested attorney to represent the minor who may contest the account as any other interested person might contest it.
2. The court may also appoint an attorney to represent unborn, incapacitated or absent heirs and devisees.
3. An attorney so appointed must be paid as provided in NRS 150.060.
[218:107:1941; 1931 NCL § 9882.218]—(NRS A 1971, 504; 1999, 2335; 2001, 2348)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.190 - Proof of notice necessary before allowance of account.

No account may be allowed by the court until it is first proved that the notice required by this chapter has been given, and the order must show that such proof was made to the satisfaction of the court. The order is conclusive evidence of the fact.
[220:107:1941; 1931 NCL § 9882.220]—(NRS A 1999, 2335)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.200 - Allowance and confirmation of account.

If an account comes before the court for allowance and there are no objections filed by any interested person, and the account is made to appear to the court to be correct and according to law, the court shall allow and confirm the account.
[234:107:1941; 1931 NCL § 9882.234]—(NRS A 1999, 2335)
2023 Nevada Revised Statutes › Chapter 150 - Compensation and Accounting › NRS 150.210 - Effect of order settling account.

An order settling and allowing an account, when it becomes final, is conclusive against all interested persons, but a person under legal disability has the right to move for cause to reopen and examine the account, or to proceed by action against the personal representative or his or her sureties at any time before final distribution, and in any such action, the order is prima facie evidence of the correctness of the account.
[219:107:1941; 1931 NCL § 9882.219]—(NRS A 1999, 2335)