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
[46:107:1941; 1931 NCL 9882.46] + [Part66:107:1941; 1931 NCL 9882.66](NRS A
NRS
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
NRS
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
NRS
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
NRS
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
DISABILITY AND SUBSTITUTION
NRS
[92:107:1941; 1931 NCL 9882.92](NRS A
NRS
[90:107:1941; 1931 NCL 9882.90](NRS A
NRS
[91:107:1941; 1931 NCL 9882.91](NRS A 1959, 47;1977, 410; 1999, 2282)
RESIGNATION, SUSPENSION AND REMOVAL
NRS
[93:107:1941; 1931 NCL 9882.93](NRS A
NRS
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
NRS
(Added to NRS by
NRS
[277:107:1941; 1931 NCL 9882.277](NRS A
NRS
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
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
NRS
[279:107:1941; 1931 NCL 9882.279](NRS A
NRS
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
NRS
[94:107:1941; 1931 NCL 9882.94](NRS A
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