2005 Nevada Revised Statutes - Chapter 143 — Powers and Duties of Personal Representatives

CHAPTER 143 - POWERS AND DUTIES OF PERSONALREPRESENTATIVES

NRS 143.010 Multiplepersonal representatives: Effect of absence or disability; sufficiency of actsof majority.

NRS 143.020 Rightto possession of decedents property.

NRS 143.030 Dutyto take possession of estate and collect debts.

NRS 143.035 Dutyto use reasonable diligence; report required if estate not closed withincertain times; hearing and determinations by court.

NRS 143.037 Dutyto close estate within 18 months after appointment; exceptions.

NRS 143.040 Rightsof surviving partner.

NRS 143.050 Continuingbusiness of decedent.

NRS 143.060 Extentof power to sue and be sued.

NRS 143.065 Statuteof limitations for cause of action of decedent.

NRS 143.070 Actionsby personal representative for conversion or trespass.

NRS 143.080 Actionsagainst personal representative for conversion or trespass.

NRS 143.090 Actionon bond of former personal representative.

NRS 143.100 Actionfor conversion before letters granted.

NRS 143.110 Procedurewhen conversion alleged: Citation; examination; allowance of necessaryexpenses.

NRS 143.120 Procedurewhen conversion alleged: Commitment for refusal to appear for examination;order requiring delivery of property to personal representative.

NRS 143.130 Accountingby person holding assets of estate for personal representative; penalty forfailure or refusal to comply with order.

NRS 143.140 Dischargingdebtor of estate, compromising claims and renewing obligations: Procedure.

NRS 143.150 Actionto recover fraudulently conveyed property for benefit of creditors.

NRS 143.160 Costs;disposal of property recovered; proceeds.

NRS 143.165 Temporaryorder to restrain personal representative from performing administration,disbursement or distribution of estate: Issuance; hearing.

NRS 143.170 Purchaseof property of estate by personal representative.

NRS 143.175 Powerto make certain investments.

NRS 143.180 Powerto make loans, advances of credit and other investments insured by FederalHousing Administrator; validation of loans, advances of credit and purchases ofobligations made before October 1, 1999.

NRS 143.185 Powerto invest in farm loan bonds and other obligations issued by federal land banksand banks for cooperatives.

NRS 143.187 Powerto hold stock in name of nominee; personal liability of personalrepresentative.

NRS 143.190 Cumulativemethod of service of process on personal representative; written statementcontaining permanent address of personal representative to be filed with clerk.

NRS 143.200 Actionsnot to abate on death, disqualification, resignation or removal of personalrepresentative; substitution of successor.

NRS 143.210 Necessaryparties to actions.

_________

 

NRS 143.010 Multiplepersonal representatives: Effect of absence or disability; sufficiency of actsof majority. If there are two personalrepresentatives, the acts of one alone are valid if the other is absent fromthe state, or for any cause is laboring under any legal disability, and ifthere are more than two, the acts of a majority are sufficient.

[Part 44:107:1941; 1931 NCL 9882.44](NRS A 1999, 2289)

NRS 143.020 Rightto possession of decedents property. Exceptas otherwise provided in NRS 146.010, apersonal representative has a right to the possession of all the real, as wellas personal, property of the decedent and may receive the rents and profits ofthe property until the estate is settled, or until delivered over by order ofthe court to the heirs or devisees, and shall make a reasonable effort to keepin good tenantable repair all houses, buildings and appurtenances thereon whichare under the control of the personal representative.

[106:107:1941; 1931 NCL 9882.106](NRS A 1999, 2290)

NRS 143.030 Dutyto take possession of estate and collect debts.

1. A personal representative shall take intopossession all the estate of the decedent, real and personal, except thatexempted as provided in this title, and shall collect all receivables due thedecedent or the estate.

2. For the purpose of bringing actions to quiet titleor for partition of the estate, the possession of the personal representativeshall be deemed the possession of the heirs or devisees. The possession ofheirs or devisees is subject, however, to the possession of the personalrepresentative for all other purposes.

[191:107:1941; 1931 NCL 9882.191](NRS A 1999, 2290)

NRS 143.035 Dutyto use reasonable diligence; report required if estate not closed withincertain times; hearing and determinations by court.

1. A personalrepresentative shall use reasonable diligence in performing the duties of thepersonal representative and in pursuing the administration of the estate.

2. A personalrepresentative in charge of an estate that has not been closed shall:

(a) Within 6months after the personal representatives appointment, where no federal estatetax return is required to be filed for the estate; or

(b) Within 15months after the personal representatives appointment, where a federal estatetax return is required to be filed for the estate,

file with the court a reportexplaining why the estate has not been closed.

3. Uponreceiving the report, the clerk shall set a time and place for a hearing of thereport. The personal representative shall send a copy of the report and shallgive notice of the hearing, for the period and in the manner provided in NRS 155.010, to:

(a) Each personwhose interest is affected as an heir or devisee; and

(b) TheDepartment of Health and Human Services, if the Department has filed a claimagainst the estate.

4. At thehearing, the court shall determine whether or not the personal representativehas used reasonable diligence in the administration of the estate, and if thepersonal representative has not, the court may:

(a) Subject tothe provisions of NRS 143.037:

(1) Prescribethe time within which the estate must be closed; or

(2) Allowthe personal representative additional time for closing and order a subsequentreport; or

(b) Revoke the letters of the personal representative,appoint a successor and prescribe a reasonable time within which the successorshall close the estate.

(Added to NRS by 1975, 1765; A 1997, 336; 1999, 2290; 2003, 880)

NRS 143.037 Dutyto close estate within 18 months after appointment; exceptions.

1. Except asotherwise provided in this section, a personal representative shall close anestate within 18 months after appointment.

2. If a claimagainst the estate is in litigation or in summary determination pursuant tosubsection 5 of NRS 145.060 orsubsection 2 of NRS 147.130 or theamount of federal estate tax has not been determined, the court, upon petitionof a devisee, creditor or heir, shall order that:

(a) A certainamount of money, or certain other assets, be retained by the personalrepresentative to:

(1) Satisfythe claim or tax; and

(2) Payany fees or costs related to the claim or tax, including fees for appraisals,attorneys fees and court costs; and

(b) Theremainder of the estate be distributed.

3. If acontest of the will or a proceeding to determine heirship is pending, the courtwhich appointed the personal representative:

(a) Shall orderthat a certain amount of money, or certain other assets, be retained and theremainder of the estate distributed; or

(b) May, for good cause shown, order that the entiredistributable estate be retained pending disposition of the contest orproceeding.

(Added to NRS by 1997, 335; A 1999, 2291; 2001, 2344)

NRS 143.040 Rightsof surviving partner.

1. If apartnership existed between the decedent, at the time of death, and any otherperson, the surviving partner may continue in possession of the effects of thepartnership and settle its business, but the interest of the decedent must beincluded in the inventory and appraised as an asset of the estate.

2. Thesurviving partner shall proceed to settle the affairs of the partnershipwithout delay, and shall account to the personal representative and pay oversuch balance as may be, from time to time, payable to the estate of thedecedent.

3. Upon thepetition of the personal representative, the court may, whenever it may appearnecessary, order the surviving partner to render an accounting, and in case ofneglect or refusal, may, after notice, compel it by any lawful process, and thepersonal representative may maintain against the surviving partner any actionwhich the decedent could have maintained.

4. Upon any sale of a partnership interest, thesurviving partner may be a bidder.

[Part 195:107:1941; 1931 NCL 9882.195](NRS A 1999, 2291)

NRS 143.050 Continuing business of decedent. After notice given as provided in NRS 155.010 or in such other manner as thecourt directs, the court may authorize the personal representative to continuethe operation of the decedents business to such an extent and subject to suchrestrictions as may seem to the court to be for the best interest of the estateand any interested persons.

[Part 195:107:1941; 1931 NCL 9882.195](NRS A 1975,1766; 1999, 2292)

NRS 143.060 Extentof power to sue and be sued. Actions for therecovery of any property, real or personal, or for the possession thereof, orto quiet title thereto, or to determine any adverse claim thereon, and allactions founded upon contracts, may be maintained by and against a personalrepresentative in all cases in which the actions might have been maintained byor against the decedent.

[192:107:1941; 1931 NCL 9882.192](NRS A 1999, 2292)

NRS 143.065 Statuteof limitations for cause of action of decedent. Astatute of limitations running on a cause of action belonging to a decedent,that was not barred as of the date of death, does not bar the cause of actionsooner than 1 year after the death. A cause of action that, but for thissection, would be barred less than 1 year after the death of the decedent isbarred after 1 year unless the running of the statute is tolled under otherlaw.

(Added to NRS by 1999, 2289; A 2003, 2510)

NRS 143.070 Actionsby personal representative for conversion or trespass.

1. A personalrepresentative may commence or maintain an action against any person who haswasted, destroyed, taken, carried away or converted the goods of the decedent.

2. A personal representative may also commence ormaintain an action for trespass committed on the real property of the decedentwhile living.

[193:107:1941; 1931 NCL 9882.193](NRS A 1999, 2292)

NRS 143.080 Actionsagainst personal representative for conversion or trespass. Any person or the personal representative has a right ofaction against the personal representative of a decedent who, in the lifetimeof the decedent wasted, destroyed, took, carried away or converted the goods orchattels of that person, or committed any trespass on the real property of thatperson.

[194:107:1941; 1931 NCL 9882.194](NRS A 1999, 2292)

NRS 143.090 Actionon bond of former personal representative. Asuccessor personal representative may, for the use and benefit of allinterested persons, maintain an action on the bond of a former personalrepresentative of the same estate.

[196:107:1941; 1931 NCL 9882.196](NRS A 1999, 2292)

NRS 143.100 Actionfor conversion before letters granted. If anyperson, before the granting of letters, converts, takes or alienates any of themoney, goods, chattels or effects of a decedent, that person is chargeable andliable to an action by the personal representative for double the value of theproperty so converted, taken or alienated, to be recovered for the benefit ofthe estate.

[107:107:1941; 1931 NCL 9882.107](NRS A 1999, 2292)

NRS 143.110 Procedurewhen conversion alleged: Citation; examination; allowance of necessaryexpenses.

1. If apersonal representative or other interested person alleges in a petition to thecourt that any person has, or is suspected to have, concealed, converted, conveyedaway or otherwise disposed of any money, goods, chattels or effects of thedecedent, or that the person has possession or knowledge of any deeds,conveyances, bonds, contracts or other writings which contain evidence of, ortend to disclose the right, title or interest of the decedent in or to any realor personal property, or any claim or demand, or any last will of the decedent,the court may cause that person to be cited to appear before the court toanswer, upon oath, upon the matter of the petition.

2. If the person is not in the county where lettershave been granted, the person may be cited and examined either before the courtof the county where the person may be found, or before the court issuing thecitation. If the person appears, and is found innocent, his necessary expensesmust be allowed out of the estate.

[108:107:1941; 1931 NCL 9882.108](NRS A 1999, 2293)

NRS 143.120 Procedurewhen conversion alleged: Commitment for refusal to appear for examination;order requiring delivery of property to personal representative.

1. If theperson so cited refuses to appear and submit to examination or to testifyconcerning the matter of the complaint, the court may commit the person to thecounty jail, there to remain confined until the person obeys the order of thecourt or is discharged according to law.

2. If, uponexamination, it appears that the person has concealed, converted, smuggled,conveyed away, or in any manner disposed of any money, goods or chattels of thedecedent, or that the person has possession or control of any deeds, conveyances,bonds, contracts or other writings which contain evidence of, or tend todisclose the right, title, interest or claim of the decedent to any real orpersonal property, claim or demand, or any last will of the decedent, the courtmay enter an order requiring the person to deliver any such property or effectsto the personal representative at such time as the court may fix. If the personfails to comply with the order, the court may commit the person to the countyjail until the order is complied with or the person is discharged according tolaw.

3. The orderof the court for the delivery of the property is prima facie evidence of theright of the personal representative to the property in any action that may bebrought for its recovery, and any judgment recovered must be for treble damagesequal to three times the value of the property.

4. In addition to the examination of the party,witnesses may be produced and examined on either side.

[109:107:1941; 1931 NCL 9882.109](NRS A 1999, 2293; 2003, 2511)

NRS 143.130 Accountingby person holding assets of estate for personal representative; penalty forfailure or refusal to comply with order. Thecourt, upon the petition of a personal representative, may require any personentrusted by the personal representative with any part of the estate of thedecedent to appear before the court and render on oath a full accounting of anymoney, goods, chattels, bonds, accounts, or other papers or effects belongingto the estate which have come into the possession of the person in trust forthe personal representative. If the person so cited fails or refuses to appearand render the accounting, the court may proceed against the person as providedin NRS 143.120.

[110:107:1941; 1931 NCL 9882.110](NRS A 1999, 2294)

NRS 143.140 Dischargingdebtor of estate, compromising claims and renewing obligations: Procedure.

1. If a debtorof the decedent is unable to pay all debts, the personal representative, withthe approval of the court, may give the person a discharge upon such terms asmay appear to the court to be for the best interest of the estate.

2. Acompromise may also be authorized by the court when it appears to be just andfor the best interest of the estate.

3. The courtmay also authorize the personal representative, on such terms and conditions asmay be approved by it, to extend or renew, or in any manner modify the termsof, any obligation owing to or running in favor of the decedent or the estateof the decedent.

4. To obtain approval or authorization the personalrepresentative shall file a petition showing the advantage of the settlement,compromise, extension, renewal or modification. The clerk shall set thepetition for hearing by the court, and the petitioner shall give notice for theperiod and in the manner required by NRS155.010.

[198:107:1941; 1931 NCL 9882.198](NRS A 1999, 2294)

NRS 143.150 Actionto recover fraudulently conveyed property for benefit of creditors.

1. If thedecedent conveyed any real property or any rights or interests therein, withintent to defraud creditors or to avoid any obligation, debt or duty owed another,or so conveyed the property that by law the deeds of conveyance are void asagainst creditors, or made a gift of property in contemplation of death, andthere is a deficiency of assets in the hands of the personal representative topay all the expenses and debts of the estate, the personal representative, onpetition of any creditor, shall commence and prosecute to final judgment anyproper action for the recovery of the property for the benefit of thecreditors.

2. The personal representative may also, for thebenefit of the creditors, maintain an action for and recover all goods,chattels, rights or credits, or their value, which may have been sofraudulently conveyed by the decedent, whatever may have been the manner offraudulent conveyance.

[199:107:1941; 1931 NCL 9882.199](NRS A 1999, 2294)

NRS 143.160 Costs;disposal of property recovered; proceeds.

1. A personalrepresentative is not bound to maintain an action for the estate, pursuant to NRS 143.150, for the benefit of thecreditors, unless a creditor of the decedent:

(a) Files apetition; and

(b) Pays thecosts and expense of the litigation or gives such security as the courtdirects.

2. All realproperty so recovered must be sold for the payment of debts in the same manneras prescribed in this title for sales of real property by personal representatives.

3. The proceeds of all goods, chattels, rights orcredits so received, after reimbursement of costs and expenses of litigationadvanced by the creditor, must be applied in payment of debts in the samemanner as other personal property in the hands of a personal representative.

[200:107:1941; 1931 NCL 9882.200] + [201:107:1941;1931 NCL 9882.201](NRS A 1999, 2295)

NRS 143.165 Temporaryorder to restrain personal representative from performing administration,disbursement or distribution of estate: Issuance; hearing.

1. On petition of an interested person, the court bytemporary order may restrain a personal representative from performingspecified acts of administration, disbursement or distribution, or exercisingany powers or discharging any duties of the office, or enter any other order tosecure proper performance of the duties of the office, if it appears to thecourt that the personal representative otherwise may take some action thatwould jeopardize unreasonably the interest of the petitioner or of some otherinterested person. A person with whom the personal representative may transactbusiness may be made a party to the temporary order.

2. The matter must be set for hearing within 10 daysafter entry of the temporary order unless the parties otherwise agree. Noticeas the court directs must be given by the petitioner to the personalrepresentative and the attorney of record of the personal representative, ifany, and to any other party named as a party in the temporary order.

(Added to NRS by 1997, 1485; A 1999, 2295)

NRS 143.170 Purchaseof property of estate by personal representative. Unlessapproved in advance by a court after application, notice and a hearing on thematter, a personal representative shall not directly or indirectly purchase anyproperty of the estate represented by the personal representative.

[190:107:1941; 1931 NCL 9882.190](NRS A 1999, 2295; 2001, 2345)

NRS 143.175 Power to make certain investments.

1. A personalrepresentative may, with court approval:

(a) Invest theproperty of the estate, make loans and accept security therefor, in the mannerand to the extent authorized by the court; and

(b) Exerciseoptions of the estate to purchase or exchange securities or other property.

2. A personalrepresentative may, without prior approval of the court, invest the property ofthe estate in:

(a) Savingsaccounts in a bank, credit union or savings and loan association in this State,to the extent that the deposit is insured by the Federal Deposit InsuranceCorporation, the National Credit Union Share Insurance Fund or a privateinsurer approved pursuant to NRS 678.755;

(b) Interest-bearingobligations of, or fully guaranteed by, the United States;

(c) Interest-bearingobligations of the United States Postal Service or the Federal NationalMortgage Association;

(d) Interest-bearingobligations of this State or of a county, city or school district of this State;

(e) Money-marketmutual funds that are invested only in obligations listed in paragraphs (a) to(d), inclusive; or

(f) Any other investment authorized by the will of thedecedent.

(Added to NRS by 1975, 1766; A 1999, 1458, 2295; 2001, 91)

NRS 143.180 Powerto make loans, advances of credit and other investments insured by FederalHousing Administrator; validation of loans, advances of credit and purchases ofobligations made before October 1, 1999.

1. Subject tosuch regulations as may be prescribed by the Federal Housing Administrator, apersonal representative may:

(a) Make suchloans and advances of credit, and purchases of obligations representing theloans and advances of credit, as are eligible for insurance by the FederalHousing Administrator, and obtain such insurance.

(b) Make suchloans secured by mortgage on real property as are eligible for insurance by theFederal Housing Administrator, and obtain such insurance.

(c) Purchase,invest in, and dispose of notes or bonds secured by mortgage insured by theFederal Housing Administrator, securities of national mortgage associations,and debentures issued by the Federal Housing Administrator.

2. No law ofthis State prescribing the nature, amount or form of security or requiringsecurity upon which loans or advances of credit may be made, or prescribing orlimiting interest rates upon loans or advances of credit, or prescribing orlimiting the period for which loans or advances of credit may be made, appliesto loans, advances of credit or purchases made pursuant to subsection 1.

3. All above-described loans, advances of credit, andpurchases of obligations made and insured pursuant to the terms of the NationalHousing Act before October 1, 1999, are hereby validated and confirmed.

[Part 1:58:1935; A 1937, 147; 1939, 43; 1931 NCL 3652.01] + [Part 2:58:1935; 1931 NCL 3652.02] + [3:58:1935; 1931 NCL 3652.03](NRS A 1999,2296)

NRS 143.185 Power to invest in farm loan bondsand other obligations issued by federal land banks and banks for cooperatives. A personal representative may purchase, invest in, anddispose of:

1. Farm loanbonds, consolidated farm loan bonds, debentures, consolidated debentures andother obligations issued by federal land banks and federal intermediate creditbanks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. 636 to 1012, inclusive, and 1021 to 1129, inclusive, and the Farm Credit Actof 1971, 12 U.S.C. 2001 et seq., as amended; and

2. Bonds, debentures, consolidated debentures andother obligations issued by banks for cooperatives under the authority of theFarm Credit Act of 1933, formerly 12 U.S.C. 1131 to 1138e, inclusive, andthe Farm Credit Act of 1971, 12 U.S.C. 2001 et seq., as amended.

(Added to NRS by 1959, 33; A 1973, 1088; 1991, 461; 1999, 2297)

NRS 143.187 Powerto hold stock in name of nominee; personal liability of personalrepresentative.

1. A personalrepresentative holding certificates of stock in that capacity may hold thestock in the name of a nominee without mention in the stock certificate orregistration books, if:

(a) The recordsof the personal representative and all reports and accountings the personalrepresentative renders clearly show the holding and the facts regarding it; and

(b) The nomineedeposits with the personal representative a signed statement of the trueinterest of the personal representative.

2. A personal representative is personally liable forany loss to the estate resulting from any act of the nominee in connection withstock so held.

(Added to NRS by 1961, 471; A 1999, 2297)

NRS 143.190 Cumulativemethod of service of process on personal representative; written statementcontaining permanent address of personal representative to be filed with clerk.

1. Beforeletters are delivered to a personal representative, the personal representativeshall file with the county clerk of the county in which the administration ofthe estate is pending a written statement containing the name and permanentaddress of the personal representative. The permanent address may, from time totime, be changed by filing with the county clerk a written statement giving thechanged address. The permanent address shall be deemed to be that contained inthe last statement so filed by the personal representative.

2. The takingof his oath of office by a personal representative constitutes an appointmentof the county clerk of the county in which the administration of the estate ispending to be the true and lawful attorney, upon whom all legal process in anyaction or proceeding against the personal representative may be served, withthe same legal force and effect as if served upon the personal representativepersonally within the State of Nevada.

3. Service ofprocess may be made by mailing by registered or certified mail a copy of theprocess, and if the process is a summons, there must be attached thereto a copyof the complaint certified by the clerk or the plaintiffs attorney, directlyto the personal representative at the address contained in the statement filedwith the clerk. This service is sufficient personal service upon the personalrepresentative if proof of the service is filed with the clerk.

4. The courtin which the action is pending may order such continuances as may be necessaryto afford the personal representative reasonable opportunity to defend theaction.

5. The foregoing method of service is cumulative, anddoes not prevent the personal service of process upon the personalrepresentative within the State of Nevada.

[324:107:1941; 1931 NCL 9882.324](NRS A 1969, 95;1983, 262; 1999, 2297)

NRS 143.200 Actionsnot to abate on death, disqualification, resignation or removal of personalrepresentative; substitution of successor. Noaction to which a personal representative is a party abates by reason of thedeath, disqualification, resignation or removal of the personal representative,but the person who is appointed, qualifies and is acting as the successor must,upon motion, be substituted as a party to the action.

[325:107:1941; 1931 NCL 9882.325](NRS A 1999, 2298)

NRS 143.210 Necessaryparties to actions. In actions brought by oragainst personal representatives, it is not necessary to join those as partieswho have not qualified.

[197:107:1941; 1931 NCL 9882.197](NRS A 1999, 2298)

 

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