2005 Nevada Revised Statutes - Chapter 140 — Special Administrators

CHAPTER 140 - SPECIAL ADMINISTRATORS

NRS 140.010 Causesfor appointment.

NRS 140.020 Notice and order ofappointment; order not appealable.

NRS 140.030 Bondand oath.

NRS 140.040 Powers, duties andimmunity from liability for certain claims.

NRS 140.050 Paymentof mortgage or lien; payment of interest.

NRS 140.060 Appointment pendingcontest of will or appeal from order; appointment before contest of will.

NRS 140.070 Effectof grant of letters testamentary or letters of administration.

NRS 140.080 Account of specialadministrator.

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NRS 140.010 Causesfor appointment. The court shall appoint aspecial administrator to collect and take charge of the estate of the decedent,in whatever county or counties the estate may be found, and to exercise suchother powers as may be necessary to preserve the estate:

1. If there is a delay in granting letterstestamentary or letters of administration, from any cause.

2. If letters are granted irregularly.

3. If no sufficient bond is filed as required by thecourt.

4. If no petition is filed for letters.

5. If an executor or administrator dies or issuspended or removed, and the circumstances of the estate require the immediateappointment of a personal representative.

6. If there may be no assets subject to administrationbut good cause exists for the appointment of a personal representative of thedecedent.

7. In any other proper case.

[82:107:1941; 1931 NCL 9882.82](NRS A 1999, 2275)

NRS 140.020 Noticeand order of appointment; order not appealable.

1. The appointment of a special administrator may bemade at chambers or in open court, and without notice or upon such notice tosuch interested persons as the court deems reasonable, and must be made byentry upon the minutes of the court or by written order signed and filed, whichmust specify the powers to be exercised by the special administrator.

2. Upon the filing of the order, and after the personappointed has given bond if fixed by the court, the clerk shall issue specialletters of administration, with a copy of the order attached.

3. In making the appointment of a specialadministrator, the court may give preference to the person or persons entitledto letters testamentary or letters of administration, but no appeal may betaken from the appointment.

[83:107:1941; 1931 NCL 9882.83] + [84:107:1941;1931 NCL 9882.84](NRS A 1999, 2276)

NRS 140.030 Bondand oath. Before letters issue to a person asa special administrator, the person must:

1. Give bond in such sum as the court directs, withsureties to the satisfaction of the court, conditioned for the faithfulperformance of the duties, unless the court waives bond; and

2. Take the usual oath of office.

[85:107:1941; 1931 NCL 9882.85](NRS A 1999, 2276)

NRS 140.040 Powers,duties and immunity from liability for certain claims.

1. A special administrator shall:

(a) Collect and preserve for the executor oradministrator when appointed all the goods, chattels and receivables of thedecedent, and all incomes, rents, issues, profits, claims and demands of theestate.

(b) Take charge and management of the real property andenter upon and preserve it from damage, waste and injury.

2. A special administrator may:

(a) For all necessary purposes, commence, maintain ordefend actions and other legal proceedings as a personal representative.

(b) Without prior order of the court, sell anyperishable property of the estate, as provided in NRS 148.170.

(c) Exercise such other powers as have been conferredby the order of appointment.

(d) Obtain leave of the court to borrow money or tolease or mortgage real property in the same manner as an executor oradministrator.

3. A special administrator is not liable:

(a) To any creditor on any claim against the estate; or

(b) For any claim against the decedent except a claiminvolving wrongful death, personal injury or property damage if the estatecontains no assets other than a policy of liability insurance.

[Part 86:107:1941; 1931 NCL 9882.86](NRS A 1971,647; 1983, 668; 1999,2276)

NRS 140.050 Paymentof mortgage or lien; payment of interest.

1. If any property in the control or possession of aspecial administrator is subject to a mortgage or lien to secure the payment ofmoney, and there is danger that the holder of the security may enforce orforeclose the encumbrance, and the value of the property exceeds the amount ofthe obligation thereon, then, upon petition of the special administrator or aninterested person and upon such notice as the court deems proper, the court mayauthorize or direct the special administrator to make one or more payments onall or any part of the amount so secured.

2. The order may also direct that interest not yetaccrued be paid as it becomes due, and the order shall remain in effect andcover such future interest unless and until for good cause set aside ormodified by the court upon petition and notice, in the same manner as anexecutor or administrator.

[Part 86:107:1941; 1931 NCL 9882.86](NRS A 1999, 2277)

NRS 140.060 Appointmentpending contest of will or appeal from order; appointment before contest ofwill.

1. If a special administrator is appointed pendingdetermination of a contest of a will instituted before it is admitted toprobate, or pending an appeal from an order appointing, suspending or removingan executor or administrator, the special administrator has the same powers,duties and obligations as an executor or administrator, and the letters ofadministration issued to him must recite that the special administrator isappointed with those powers.

2. If a special administrator has been appointed, andthereafter a proceeding to contest a will before it is admitted to probate hasbeen instituted, the court shall enter an order granting to the specialadministrator the additional powers, duties and obligations of an executor oradministrator and requiring such additional bond as the court deems proper. Theorder is not appealable.

[87:107:1941; 1931 NCL 9882.87](NRS A 1999, 2277)

NRS 140.070 Effectof grant of letters testamentary or letters of administration. If letters testamentary or letters of administration aregranted, the powers of a special administrator cease, and the specialadministrator shall immediately deliver to the executor or administrator allthe property and effects of the decedent in the possession of the specialadministrator and the executor or administrator may prosecute to final judgmentany action commenced by the special administrator.

[88:107:1941; 1931 NCL 9882.88](NRS A 1999, 2277)

NRS 140.080 Accountof special administrator. A specialadministrator shall also render an account, under oath, of the proceedings inlike manner as other administrators are required to do, but if a person servingas special administrator is appointed the succeeding administrator or theexecutor, the accounting otherwise due from the special administrator may beincluded in the first accounting as administrator or executor.

[89:107:1941; 1931 NCL 9882.89](NRS A 1975, 1769;1981, 520; 1999, 2277)