2005 Nevada Revised Statutes - Chapter 145 — Summary Administration of Estates

CHAPTER 145 - SUMMARY ADMINISTRATION OFESTATES

NRS 145.010 Applicationof chapter.

NRS 145.020 Contentsof petition seeking summary administration.

NRS 145.030 Noticerequired.

NRS 145.040 Conditionsfor ordering summary administration.

NRS 145.060 Creditorsclaims: Notice, filing, approval and payment; procedure if claim of Departmentof Health and Human Services rejected.

NRS 145.070 Salesof real property: Notice and procedure.

NRS 145.075 Hearingand notices required upon filing of final account and petition fordistribution.

NRS 145.080 Closeof administration and distribution.

NRS 145.110 Revocationof summary administration.

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NRS 145.010 Applicationof chapter. The provisions of this chapterapply only to estates of which summary administration is ordered. Upon thegranting of summary administration, all regular proceedings and further noticesrequired by this title are waived, except for the notices required by NRS 144.010, 145.060, 145.070and 145.075.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 2001, 2345)

NRS 145.020 Contentsof petition seeking summary administration. Allproceedings taken under this chapter, whether or not the decedent left a will,must be originated by a petition for letters testamentary or letters ofadministration containing:

1. Jurisdictional information;

2. A description of the property of the decedent,including the character and estimated value of the property;

3. The namesand residences of the heirs and devisees of the decedent and the age of any whois a minor and the relationship of each heir and devisee to the decedent, sofar as known to the petitioner; and

4. A statement that the person to be appointed aspersonal representative has never been convicted of a felony.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 1997,1487; 1999, 2301)

NRS 145.030 Noticerequired. Notice of a petition for the probateof a will and the issuance of letters must be given as provided in NRS 155.010.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 1975,1770; 1987, 780; 1989, 647; 1995, 2572; 1999, 2302)

NRS 145.040 Conditionsfor ordering summary administration. If it ismade to appear to the court that the gross value of the estate does not exceed$200,000, the court may, if deemed advisable considering the nature, characterand obligations of the estate, enter an order for a summary administration ofthe estate.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 1965,172; 1973, 431; 1975, 1770; 1983, 294; 1997, 1487; 1999, 2302)

NRS 145.060 Creditorsclaims: Notice, filing, approval and payment; procedure if claim of Departmentof Health and Human Services rejected.

1. A personal representative shall publish and mailnotice to creditors in the manner provided in NRS155.020.

2. Creditors of the estate must file their claims, dueor to become due, with the clerk, within 60 days after the mailing to thecreditors for those required to be mailed, or 60 days after the firstpublication of the notice to creditors pursuant to NRS 155.020, and within 15 days thereafterthe personal representative shall allow or reject the claims filed.

3. Any claim which is not filed within the 60 days isbarred forever, except that if it is made to appear, by the affidavit of theclaimant or by other proof to the satisfaction of the court, that the claimantdid not have notice as provided in NRS155.020, the claim may be filed at any time before the filing of the finalaccount.

4. Every claim which is filed as provided in thissection and allowed by the personal representative must then, and not untilthen, be ranked as an acknowledged debt of the estate and be paid in the courseof administration, except that payment of small debts in advance may be madepursuant to subsection 3 of NRS 150.230.

5. If a claim filed by the Department of Health andHuman Services is rejected by the personal representative, the Director of theDepartment may, within 20 days after receipt of the written notice ofrejection, petition the court for summary determination of the claim. Apetition for summary determination must be filed with the clerk, who shall setthe petition for hearing, and the petitioner shall give notice for the periodand in the manner required by NRS 155.010.Allowance of the claim by the court is sufficient evidence of its correctness,and it must be paid as if previously allowed by the personal representative.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 1975,1771; 1987, 781; 1995, 2572; 1999, 2302; 2001, 2345; 2003, 881, 2511)

NRS 145.070 Salesof real property: Notice and procedure. Allsales of real property, if summary administration is ordered, must be made uponnotice given and in the manner required by chapter148 of NRS.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 1999, 2303)

NRS 145.075 Hearingand notices required upon filing of final account and petition for distribution.

1. Upon the filing of a final account and petition fordistribution of an estate for which summary administration was ordered, thenotice of hearing, the account and petition, together with notice of the amountagreed or requested as attorneys fees, must be given to the persons entitledthereto.

2. The petitioner shall give notice of hearing for theperiod and in the manner provided in NRS155.010.

(Added to NRS by 1999, 2301)

NRS 145.080 Closeof administration and distribution. Theadministration of the estate may be closed and distribution made at any timeafter the expiration of the time for the personal representative to act on theclaims, if it appears to the court that all the debts of the estate, expensesand charges of administration and allowances to the family, if any, have beenpaid, and the estate is in condition to be finally settled.

[Part 308:107:1941; 1931 NCL 9882.308](NRS A 1971,1163; 1999, 2303)

NRS 145.110 Revocationof summary administration. If at any timeafter the entry of an order for the summary administration of an estate itappears that the gross value of the estate exceeds $200,000 as of the death ofthe decedent, the personal representative shall petition the court for an orderrevoking summary administration. The court may, if deemed advisable consideringthe nature, character and obligations of the estate, provide in its orderrevoking summary administration that regular administration of the estate mayproceed unabated upon providing such portions of the regular proceedings andnotices as were dispensed with by the order for summary administration.

(Added to NRS by 1999, 2301)

 

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