2005 Nevada Revised Statutes - Chapter 138 — Appointment of Personal Representatives

CHAPTER 138 - APPOINTMENT OF PERSONALREPRESENTATIVES

NRS 138.010 Powersof personal representative before issuance of letters.

NRS 138.020 Qualificationsof executor; letters with will annexed.

NRS 138.040 Executornot specifically named may be appointed.

NRS 138.045 Appointmentof substitute executors and coexecutors.

NRS 138.050 Successorto corporate executor.

NRS 138.060 Objectionsto appointment.

NRS 138.070 Executorof deceased executor; account of deceased personal representative.

NRS 138.080 Failureto appoint all named executors.

NRS 138.090 Administratorswith will annexed: Order of appointment.

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NRS 138.010 Powersof personal representative before issuance of letters.

1. If a will has been admitted to probate, the courtshall direct letters thereon to issue to the personal representative named inthe will, who shall appear and qualify.

2. No person has any power as a personalrepresentative until he qualifies, except that, before letters are issued, hemay pay the funeral charges and take necessary measures for the preservation ofthe estate.

[37:107:1941; 1931 NCL 9882.37](NRS A 1999, 2270)

NRS 138.020 Qualificationsof executor; letters with will annexed.

1. No person is qualified to serve as an executor who,at the time the will is probated:

(a) Is under the age of majority;

(b) Has been convicted of a felony relating to theposition of an executor;

(c) Upon proof, is adjudged by the court disqualifiedto execute the duties of executor by reason of conflict of interest,drunkenness, improvidence or lack of integrity or understanding; or

(d) Is a bank not authorized to do business in the Stateof Nevada, unless it associates as coexecutor a bank authorized to do businessin this State. An out-of-state bank is qualified to appoint a substituteexecutor, pursuant to NRS 138.045,without forming such an association, but any natural person so appointed mustbe a resident of this State.

2. If a disqualified person is named as the soleexecutor in a will, or if all persons so named are disqualified or renouncetheir right to act, or fail to appear and qualify, letters of administrationwith the will annexed must issue.

[38:107:1941; 1931 NCL 9882.38](NRS A 1969, 1198;1971, 148; 1975, 1767; 1995, 496; 1999, 2270; 2003, 2509, 2690)

NRS 138.040 Executornot specifically named may be appointed. If itappears by the terms of a will that it was the intention of the testator tocommit the execution of the will and the administration of the estate of thetestator to any person as executor, that person, although not named executor,is entitled to letters testamentary in like manner as if that person had beennamed executor.

[39:107:1941; 1931 NCL 9882.39](NRS A 1999, 2271)

NRS 138.045 Appointmentof substitute executors and coexecutors.

1. A person who is named as executor under a will,either alone or with another or others, who is otherwise qualified to act underNRS 138.020, may appoint a substituteif:

(a) The person named in the will is unwilling or unableto undertake or continue the execution of the will; and

(b) The testator has not designated an alternate toserve in place of the named executor, or the alternate designated in the willis unwilling or unable to serve.

2. A person named as alternate executor who is notdisqualified under NRS 138.020 mayappoint a substitute if:

(a) The named alternate is unwilling or unable toundertake or continue the execution of the will; and

(b) A named executor is disqualified or has notdesignated a substitute within 30 days after being notified that the namedalternate is unwilling or unable to serve.

3. A qualified person who alone is named as theexecutor under a will may appoint a coexecutor if:

(a) The person named is unwilling or unable toundertake or continue the sole execution of the will; and

(b) The testator has not designated an alternate toserve in place of the named executor, or the named alternate is unwilling orunable to serve.

4. The substitute or coexecutor, unless otherwisedisqualified under this chapter, is entitled to letters testamentary in likemanner as if the substitute or coexecutor had been named in the will.

(Added to NRS by 1969, 484; A 1981, 241; 1999, 2271)

NRS 138.050 Successorto corporate executor. If the executor namedin the will is a corporation or national banking association that has sold itsbusiness and assets to, or has consolidated or merged with, or is in any mannerprovided by law succeeded by, another corporation or national bankingassociation authorized and qualified to act as executor, the court may issueletters thereon to the successor corporation or association as if the successorwere named in the will.

[40:107:1941; 1931 NCL 9882.40](NRS A 1999, 2271)

NRS 138.060 Objectionsto appointment.

1. An interested person may file objections in writingto the granting of letters testamentary to the person or persons named asexecutors, or any of them, and those objections must be heard and determined bythe court.

2. A petition may also be filed for the issuance ofletters of administration, with the will annexed, in all proper cases.

[41:107:1941; 1931 NCL 9882.41](NRS A 1999, 2271)

NRS 138.070 Executorof deceased executor; account of deceased personal representative.

1. No executor of the will of a deceased executor, assuch, is authorized to administer the estate of the first testator, but on thedeath of the sole or surviving executor of any last will, letters ofadministration with the will annexed of the estate of the first testator leftunadministered must be issued. If no executor is named in the will, or if thesole executor or all the executors named therein are dead or incapacitated, orneglect or fail to apply for letters, or to appear and qualify, or die afterthe issuance of letters and before the completion of the administration,letters of administration with the will annexed must be granted.

2. The account of a deceased personal representativemay be settled, duties may be terminated, and sureties may be released ofliability subsequently incurred, upon the petition of either the attorney whorepresented the deceased personal representative in the probate oradministration or upon the petition of any of the sureties, and upon suchnotice as the court directs.

[43:107:1941; 1931 NCL 9882.43](NRS A 1999, 2272)

NRS 138.080 Failureto appoint all named executors. If all thepersons named as executors are not appointed by the court, those appointed havethe same authority to perform every act and discharge every duty required bythe will, and their acts are effectual for every purpose as if all had beenappointed.

[Part 44:107:1941; 1931 NCL 9882.44](NRS A 1999, 2272)

NRS 138.090 Administratorswith will annexed: Order of appointment.

1. Administrators with the will annexed have the sameauthority as the executor named in the will would have had if the executor hadqualified, and their acts are as effectual for every purpose, but if the poweror authority conferred upon the executor is discretionary, and is not conferredby law, it is not conferred upon an administrator with the will annexed.

2. Persons and their nominees and appointees areentitled to appointment as administrators with the will annexed in the sameorder of priority as in the appointment of administrators, except that, as toforeign letters, an interested person has priority over one who is not.

[45:107:1941; 1931 NCL 9882.45](NRS A 1999, 2272)

 

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