2005 Nevada Revised Statutes - Chapter 139 — Appointment of Administrators
CHAPTER 139 - APPOINTMENT OF ADMINISTRATORS
COMPETENCY AND PRIORITY
NRS 139.010 Qualifications.
NRS 139.030 Survivingpartner.
NRS 139.040 Orderof priority for right to appointment; priority of nominee.
NRS 139.050 Nomination.
NRS 139.060 Relativesof whole blood preferred to those of half blood.
NRS 139.070 Discretionof the court.
NRS 139.080 Failureto claim letters.
PETITION FOR LETTERS OF ADMINISTRATION
NRS 139.090 Contentsof petition; effect of defect.
NRS 139.100 Clerkto set petition for hearing; notice of hearing.
NRS 139.110 Rightof contest: Filing of counterpetition; notice and hearing.
NRS 139.120 Factsto be proved.
NRS 139.130 Entryin minutes or written order conclusive evidence of notice.
REVOCATION OF LETTERS OF ADMINISTRATION
NRS 139.140 Rightof person with priority to petition for revocation and reissuance of letters.
NRS 139.150 Procedure.
NRS 139.160 Assertionof prior right.
NRS 139.170 Discretionof court.
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COMPETENCY AND PRIORITY
NRS
1. Is under the age of majority;
2. Has been convicted of a felony relating to theposition of an administrator;
3. Upon proof, is adjudged by the court disqualified byreason of conflict of interest, drunkenness, improvidence, or lack of integrityor understanding; or
4. Is not a resident of the State of Nevada and whodoes not associate as coadministrator a resident of the State of Nevada orwhich, in the case of a banking corporation, is not authorized to do businessin this State and does not associate as coadministrator a resident of the Stateof Nevada or a banking corporation authorized to do business in this State.
[53:107:1941; 1931 NCL 9882.53](NRS A 1960, 347;1969, 1199; 1999,2272; 2001, 2344;2003, 2691)
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[52:107:1941; 1931 NCL 9882.52](NRS A
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1. Administration of the intestate estate of adecedent must be granted to one or more of the persons mentioned in thissection, and they are respectively entitled to priority for appointment in thefollowing order:
(a) The surviving spouse.
(b) The children.
(c) The father or the mother.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in thedistribution of the estate.
(g) The public administrator.
(h) Creditors who have become such during the lifetimeof the decedent.
(i) Any of the kindred not above enumerated, within thefourth degree of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing classes isentitled:
(a) To appointment, if the person is:
(1) A resident of the State of Nevada orassociates as coadministrator a resident of the State of Nevada; or
(2) A banking corporation which is authorized todo business in this State or which associates as coadministrator a resident ofthe State of Nevada or a banking corporation authorized to do business in thisState.
(b) To nominate a resident of the State of Nevada or aqualified banking corporation for appointment, whether or not the nominator isa resident of the State of Nevada or a qualified banking corporation. Thenominee has the same priority as the nominator. That priority is independent ofthe residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled toappointment is a minor or an incompetent person for whom a guardian has beenappointed, the court may appoint the guardian of the minor or incompetentperson as administrator.
[49:107:1941; A 1945, 175; 1949, 13; 1943 NCL 9882.49](NRS A 1967, 1057; 1969, 1199; 1975, 1768;
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[61:107:1941; 1931 NCL 9882.61](NRS A 1960, 347;
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[50:107:1941; 1931 NCL 9882.50](NRS A 1973, 634)
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[51:107:1941; 1931 NCL 9882.51]
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[60:107:1941; 1931 NCL 9882.60](NRS A
PETITION FOR LETTERS OF ADMINISTRATION
NRS
1. A petition for letters of administration must be inwriting, signed by the petitioner or the attorney for the petitioner and filedwith the clerk of the court, and must state:
(a) The jurisdictional facts;
(b) The names and addresses of the heirs of thedecedent and their relationship to the decedent, so far as known to thepetitioner, and the age of any who is a minor;
(c) The character and estimated value of the propertyof the estate; and
(d) That the person to be appointed as administratorhas never been convicted of a felony.
2. No defect of form or in the statement ofjurisdictional facts actually existing voids an order appointing anadministrator or any of the subsequent proceedings.
[55:107:1941; 1931 NCL 9882.55](NRS A 1985, 2036;1995, 2770; 1999,2274)
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[56:107:1941; 1931 NCL 9882.56](NRS A 1975, 1768;1995, 2572; 1999,2274; 2003, 880)
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[57:107:1941; 1931 NCL 9882.57](NRS A
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[58:107:1941; 1931 NCL 9882.58](NRS A
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[59:107:1941; 1931 NCL 9882.59](NRS A
REVOCATION OF LETTERS OF ADMINISTRATION
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[62:107:1941; 1931 NCL 9882.62](NRS A
1. If a petition for revocation is filed, notice mustbe given as in the case of an original petition, and the petitioner shall servea citation on the administrator to appear and answer the petition at the timeappointed for the hearing. The citation must be served on the administrator inaccordance with NRS 155.050 at least 10days before the date of the hearing.
2. At the time appointed, upon proof that thecitation, together with a copy of the petition, has been duly served and noticegiven as required in subsection 1, the court shall take evidence upon thepetition, and if the right of the petitioner is established, and he isqualified, letters of administration must be granted to him and the letters ofthe former administrator revoked. The former administrator shall promptly filean accounting in accordance with NRS 150.080.
[63:107:1941; 1931 NCL 9882.63](NRS A
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[64:107:1941; 1931 NCL 9882.64](NRS A
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[65:107:1941; 1931 NCL 9882.65](NRS A
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