2005 Nevada Revised Statutes - Chapter 141 — Letters Generally; Changes in Administration

CHAPTER 141 - LETTERS GENERALLY; CHANGES INADMINISTRATION

FORM OF LETTERS

NRS 141.010 Signingand sealing.

NRS 141.020 Letterstestamentary.

NRS 141.030 Lettersof administration with will annexed.

NRS 141.040 Lettersof administration.

NRS 141.045 Lettersof special administration.

DISABILITY AND SUBSTITUTION

NRS 141.050 Effectof subsequent probate.

NRS 141.060 Incapacityof joint personal representatives.

NRS 141.070 Incapacityof all personal representatives.

RESIGNATION, SUSPENSION AND REMOVAL

NRS 141.080 Procedurefor resigning appointment of personal representative.

NRS 141.090 Causesfor suspending appointment of personal representative.

NRS 141.095 Powersof personal representative limited after receiving notice of proceeding tosuspend or remove his appointment; disposition or transfer of assets afterremoval.

NRS 141.100 Appointmentof special administrator during suspension of personal representative; bond.

NRS 141.110 Personalrepresentative cited to show cause after suspension; service of citation.

NRS 141.120 Interestedperson may file charges for removal of personal representative.

NRS 141.130 Hearingfor removal of personal representative; powers of court.

NRS 141.140 Actsof personal representative before revocation.

_________

FORM OF LETTERS

NRS 141.010 Signingand sealing. Letters testamentary, letters ofadministration with the will annexed, letters of special administration andletters of administration must be signed by the clerk and under the seal of thecourt.

[46:107:1941; 1931 NCL 9882.46] + [Part66:107:1941; 1931 NCL 9882.66](NRS A 1999, 2279)

NRS 141.020 Letterstestamentary. Letters testamentary may be insubstantially the following form, after properly entitling the court:

 

In the Matter of the Estate of )

) CaseNo.

)

deceased. ) LettersTestamentary

....................................................... )

 

On . (day) (month) (year), the court entered anorder admitting the decedents will to probate and appointing       (name)      as executor of the decedents estate. The order includes:

[ ] a directive for the establishment of a blockedaccount for sums in excess of $;

[ ] a directive for the posting of a bond in the sum of$.; or

[ ] a directive for both the establishment of a blockedaccount for sums in excess of $. and the posting of a bond in the sum of$..

The executor, after being duly qualified, may act andhas the authority and duties of an executor.

In testimony of which, I have this date signed theseletters and affixed the seal of the court.

 

CLERKOF THE COURT

By.........................................

DeputyClerk (date)

 

OATH

I,, whose mailing address is., solemnly affirm that I will faithfully perform accordingto law the duties of executor, and that all matters stated in any petition orpaper filed with the court by me are true of my own knowledge or, if anymatters are stated on information and belief, I believe them to be true.

...............................................

Executor

 

SUBSCRIBED AND AFFIRMED before me this .. (day) of ..(month) of (year).

 

CLERKOF COURT

By.....................................................

DeputyClerk

(or)....................................................

NOTARYPUBLIC

Countyof State of ............

 

[47:107:1941; 1931 NCL 9882.47](NRS A 1999, 2279; 2001, 164)

NRS 141.030 Lettersof administration with will annexed. Lettersof administration with the will annexed may be in substantially the followingform, after properly entitling the court:

 

In the Matter of the Estate of )

) CaseNo.

)

deceased. ) Lettersof Administration With the Will Annexed

..)

 

On (day) (month) (year), the court entered anorder admitting the decedents will to probate and appointing       (name)      as administrator with the will annexed of the decedents estate. The orderincludes:

[ ] a directive for the establishment of a blockedaccount for sums in excess of $ .;

[ ] a directive for the posting of a bond in the sum of$ .; or

[ ] a directive for both the establishment of a blockedaccount for sums in excess of $ . and the posting of a bond in the sum of $...

The administrator with the will annexed, after beingduly qualified, may act and has the authority and duties of administrator withthe will annexed.

In testimony of which, I have this date signed theseletters and affixed the seal of the court.

 

CLERKOF THE COURT

By.

DeputyClerk (date)

 

OATH

I, , whose mailing address is., solemnly affirm that I will faithfully perform according tolaw the duties of administrator with the will annexed, and that all mattersstated in any petition or paper filed with the court by me are true of my ownknowledge or, if any matters are stated on information and belief, I believethem to be true.

AdministratorWith the Will Annexed

 

SUBSCRIBED AND AFFIRMED before me this .. (day) of ..(month) of (year).

 

CLERKOF COURT

By.....................................................

DeputyClerk

(or)....................................................

NOTARYPUBLIC

Countyof State of ............

 

[48:107:1941; 1931 NCL 9882.48](NRS A 1999, 2280)

NRS 141.040 Lettersof administration. Letters of administrationmay be in substantially the following form, after properly entitling the court:

 

In the Matter of the Estate of )

) CaseNo.

)

deceased. ) Lettersof Administration

....................................................... )

 

On (day) (month) . (year), the court enteredan order appointing       (name)      as administrator of the decedents estate. The order includes:

[ ] a directive for the establishment of a blockedaccount for sums in excess of $ .;

[ ] a directive for the posting of a bond in the sum of$ .; or

[ ] a directive for both the establishment of a blockedaccount for sums in excess of $ . and the posting of a bond in the sum of $....

The administrator, after being duly qualified, may actand has the authority and duties of administrator.

In testimony of which, I have this date signed theseletters and affixed the seal of the court.

 

CLERKOF THE COURT

By.

DeputyClerk (date)

 

OATH

I, , whose mailing address is., solemnly affirm that I will faithfully perform according tolaw the duties of administrator, and that all matters stated in any petition orpaper filed with the court by me are true of my own knowledge or, if anymatters are stated on information and belief, I believe them to be true.

Administrator

 

SUBSCRIBED AND AFFIRMED before me this .. (day) of ..(month) of (year).

 

CLERKOF COURT

By.....................................................

DeputyClerk

(or)....................................................

NOTARYPUBLIC

Countyof State of ............

 

[Part 66:107:1941; 1931 NCL 9882.66](NRS A 1999, 2281)

NRS 141.045 Lettersof special administration. Letters of specialadministration may be in substantially the following form, after properlyentitling the court:

 

In the Matter of the Estate of )

) CaseNo.

)

deceased. ) Lettersof Special Administration

....................................................... )

 

On (day) (month) . (year), the court enteredan order appointing       (name)      as special administrator of the decedents estate. The order includes:

[ ] a directive for the establishment of a blockedaccount for sums in excess of $.;

[ ] a directive for the posting of a bond in the sum of$.; or

[ ] a directive for both the establishment of a blockedaccount for sums in excess of $ . and the posting of a bond in the sum of$.....

The special administrator, after being duly qualified,may act and has the authority and duties of special administrator.

In testimony of which, I have this date signed theseletters and affixed the seal of the court.

 

CLERKOF THE COURT

By.

DeputyClerk (date)

 

OATH

I, , whose mailing address is., solemnly affirm that I will faithfully perform according tolaw the duties of special administrator, and that all matters stated in anypetition or paper filed with the court by me are true of my own knowledge or,if any matters are stated on information and belief, I believe them to be true.

SpecialAdministrator

 

SUBSCRIBED AND AFFIRMED before me this .. (day) of ..(month) of (year).

 

CLERKOF COURT

By.....................................................

DeputyClerk

(or)....................................................

NOTARYPUBLIC

Countyof State of ............

 

(Added to NRS by 1999, 2278; A 2003, 2509)

DISABILITY AND SUBSTITUTION

NRS 141.050 Effectof subsequent probate. If, after grantingletters of administration on the ground of intestacy, a will of the decedent isduly proved and allowed by the court, the letters of administration must berevoked and the power of the administrator ceases, and the administrator shallrender an account of his administration within such time as the court directs.In such a case, the executor of the will, or the administrator with the willannexed, is entitled to demand, maintain an action for and collect all thegoods, chattels and effects of the decedent, remaining unadministered, and mayprosecute to final judgment any action commenced by or against theadministrator before the revocation of that administrators letters.

[92:107:1941; 1931 NCL 9882.92](NRS A 1999, 2282)

NRS 141.060 Incapacityof joint personal representatives. If one ofseveral personal representatives of the same estate to whom letters have beengranted dies, becomes incapacitated or disqualified, or otherwise becomesincapable of executing the duties of the office, or if the letters are revokedor annulled according to law with respect to one personal representative, theremaining personal representative shall proceed and complete the administrationof the estate.

[90:107:1941; 1931 NCL 9882.90](NRS A 1999, 2282)

NRS 141.070 Incapacityof all personal representatives. If all thepersonal representatives die or from any cause become incapable of executingthe duties of their office, or the authority of all of them is revoked orannulled according to law, the court shall direct letters to be issuedaccording to the priority established in NRS139.040. The successor personal representative shall post such bond as thecourt may require.

[91:107:1941; 1931 NCL 9882.91](NRS A 1959, 47;1977, 410; 1999, 2282)

RESIGNATION, SUSPENSION AND REMOVAL

NRS 141.080 Procedurefor resigning appointment of personal representative. Apersonal representative may resign the appointment at any time, by a writingfiled with the court, to take effect upon the settlement of the accounts. If,however, by reason of any delay in the settlement or for any other cause, thecircumstances of the estate or the rights of those interested therein requireit, the court, at any time after the tendering of the resignation, may revokethe letters of the personal representative and appoint a successor personalrepresentative in the same manner as is directed in relation to originalletters. The liability of the previous personal representative or of thesureties on the bond of the personal representative is not discharged, releasedor affected by the resignation or appointment, but continues until the personalrepresentative has delivered up all the estate to the successor and filed anaccounting in accordance with NRS 150.080,and the accounting has been approved by the court.

[93:107:1941; 1931 NCL 9882.93](NRS A 1999, 2283)

NRS 141.090 Causesfor suspending appointment of personal representative.If a court has reason to believe, from its own knowledge or fromcredible information, that a personal representative:

1. Has wasted, converted to the personalrepresentatives own use or mismanaged, or is about to waste or convert to thepersonal representatives own use, the property of the estate committed to thepersonal representatives charge;

2. Has committed or is about to commit any wrong orfraud upon the estate;

3. Has become disqualified to act;

4. Has wrongfully neglected the estate;

5. Has a conflict of interest with the estate; or

6. Has unreasonably delayed the performance ofnecessary acts in any particular as personal representative,

the courtmay, by an order entered upon the minutes, suspend the powers of the personalrepresentative until the matter can be investigated, or take such other actionas it deems appropriate under the circumstances.

[276:107:1941; A 1953, 170](NRS A 1999, 2283; 2003, 2510)

NRS 141.095 Powersof personal representative limited after receiving notice of proceeding tosuspend or remove his appointment; disposition or transfer of assets afterremoval. After receipt of notice of aproceeding to suspend or remove a person as personal representative, the personshall not act except to account, correct malfeasance or misfeasance ofadministration, or preserve the estate. If removal is ordered, the court shallalso order the disposition or transfer of the assets remaining in the name orunder the control of the personal representative being removed.

(Added to NRS by 1999, 2279)

NRS 141.100 Appointmentof special administrator during suspension of personal representative; bond. During the suspension of the powers of a personalrepresentative, as provided in NRS 141.090and 142.110, the court, if the conditionof the estate requires, may appoint a special administrator to take charge ofthe estate. The special administrator must post such bond as the court mayrequire.

[277:107:1941; 1931 NCL 9882.277](NRS A 1999, 2283)

NRS 141.110 Personalrepresentative cited to show cause after suspension; service of citation.

1. If an order of suspension is entered, the clerkshall issue a citation, reciting the order of suspension, to the personalrepresentative to appear before the court at a time stated, as fixed by thecourt, to show cause why the letters of the personal representative should notbe revoked.

2. The citation must be served as provided in NRS 155.050.

3. If the personal representative has absconded or hasleft the State, the citation may be served by leaving a copy with the personalrepresentatives attorney of record, if available, or in such manner as thecourt may direct, and the court has jurisdiction to proceed as if the citationhad been personally served.

[Part 278:107:1941; 1931 NCL 9882.278] +[280:107:1941; 1931 NCL 9882.280](NRS A 1999, 2284)

NRS 141.120 Interestedperson may file charges for removal of personal representative. An interested person may appear at the hearing and fileallegations in writing, showing that the personal representative should beremoved.

[279:107:1941; 1931 NCL 9882.279](NRS A 1999, 2284)

NRS 141.130 Hearingfor removal of personal representative; powers of court.

1. If the personal representative fails to appear asrequired by the citation, or if the personal representative appears and thecourt is satisfied that good grounds exist for removal, the letters of thepersonal representative must be revoked, and new letters must issue.

2. In proceedings for the removal of a personal representative,the court may compel the attendance of the personal representative by properprocess, and may require the personal representative to answer questions, onoath, relating to the administration, and, upon refusal to do so, may committhe personal representative to jail until the personal representative obeys ormay revoke the letters, or both.

[Part 278:107:1941; 1931 NCL 9882.278] +[281:107:1941; 1931 NCL 9882.281](NRS A 1999, 2284)

NRS 141.140 Actsof personal representative before revocation. Allacts of a personal representative before the revocation of the letters of thepersonal representative are as valid, for all intents and purposes, as if thepersonal representative had continued lawfully to execute the duties of theoffice.

[94:107:1941; 1931 NCL 9882.94](NRS A 1999, 2284)

 

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