2005 Nevada Revised Statutes - Chapter 146 — Support of Family; Small Estates

CHAPTER 146 - SUPPORT OF FAMILY; SMALLESTATES

GENERAL PROVISIONS

NRS 146.005 Effectof premarital agreement between decedent and surviving spouse.

SUPPORT OF FAMILY

NRS 146.010 Survivingspouse and minor children entitled to homestead and provisions.

NRS 146.020 Afterfiling of inventory, court to set apart exempt personal property and homestead.

NRS 146.025 Recordingof order setting apart homestead.

NRS 146.030 Familyallowance from estate if property set apart is insufficient; where persons haveother support.

NRS 146.040 Preferenceof family allowance.

NRS 146.050 Vestingof homestead; debts of spouse.

DISTRIBUTION OF SMALL ESTATES

NRS 146.070 Estatesnot exceeding $75,000: Petition; notice; fees; distribution of interest ofminor.

NRS 146.080 Estatesnot exceeding $20,000: Transfer of assets without issuance of letters ofadministration or probate of will; affidavit showing right to assets.

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GENERAL PROVISIONS

NRS 146.005 Effectof premarital agreement between decedent and surviving spouse. The provisions of this chapter are inapplicable to theextent that they are inconsistent with the provisions of a premarital agreementbetween the decedent and the surviving spouse which is enforceable pursuant to chapter 123A of NRS.

(Added to NRS by 1989, 1009; A 1999, 2303)

SUPPORT OF FAMILY

NRS 146.010 Survivingspouse and minor children entitled to homestead and provisions. Except as provided in NRS125.510, if a person dies leaving a surviving spouse or a minor child orminor children, the surviving spouse, minor child or minor children areentitled to remain in possession of the homestead and of all the wearingapparel and provisions in the possession of the family, and all the householdfurniture, and are also entitled to a reasonable provision for their support,to be allowed by the court.

[111:107:1941; 1931 NCL 9882.111](NRS A 1973, 401;1979, 144; 1999, 2303)

NRS 146.020 Afterfiling of inventory, court to set apart exempt personal property and homestead. Upon the filing of the inventory or at any time thereafterduring the administration of the estate, the court, on its own motion or uponpetition by an interested person, shall set apart for the use of the family ofthe decedent all of the personal property which is exempt by law fromexecution, and shall set apart the homestead, as designated by the generalhomestead law then in force, whether the homestead has theretofore previouslybeen selected as required by law or not, and the property thus set apart is notsubject to administration.

[112:107:1941; 1931 NCL 9882.112](NRS A 1999, 2303)

NRS 146.025 Recordingof order setting apart homestead. If an orderis entered setting apart a homestead, a certified copy of the order must berecorded in the office of the county recorder of the county in which theproperty is located.

(Added to NRS by 1999, 2303)

NRS 146.030 Familyallowance from estate if property set apart is insufficient; where persons haveother support.

1. If the whole property exempt by law is set apartand is not sufficient for the support of the surviving spouse, minor child orminor children, the court shall make such reasonable allowance out of theestate as is necessary for the maintenance of the family according to their circumstancesduring the progress of the administration of the estate, which, in case of aninsolvent estate, may not be longer than 1 year after granting letters ofadministration.

2. If the surviving spouse or any minor child has areasonable maintenance derived from other property, and there are other personsentitled to a family allowance, the allowance must be granted only to those whodo not have such maintenance, or the allowance may be apportioned in suchmanner as may be just.

[113:107:1941; 1931 NCL 9882.113] + [118:107:1941;1931 NCL 9882.118](NRS A 1979, 144; 1999, 2304)

NRS 146.040 Preferenceof family allowance. An allowance made by thecourt in accordance with the provisions of this chapter must be paid by thepersonal representative in preference to all other charges, except funeralcharges, expenses of last illness and expenses of administration. This may, inthe discretion of the court granting it, take effect from the death of thedecedent.

[114:107:1941; 1931 NCL 9882.114](NRS A 1999, 2304)

NRS 146.050 Vestingof homestead; debts of spouse.

1. If the homestead was selected by the spouses, oreither of them, during their marriage, and recorded while both were living, asprovided in chapter 115 of NRS, it vests, onthe death of either spouse, absolutely in the survivor, unless vesting is otherwiserequired pursuant to subsection 2 of NRS115.060.

2. If nohomestead was so selected, a homestead may be set apart by the court to thefamily of the decedent for a limited period if deemed advisable considering theneeds and resources of the family and the nature, character and obligations ofthe estate. The duration of the homestead must be designated in the ordersetting it apart and may not extend beyond the lifetime of the surviving spouseor the minority of any child of the decedent, whichever is longer. A homesteadso set apart then vests, subject to the setting apart:

(a) If setapart from the separate property of the decedent, in the heirs or devisees ofthe decedent.

(b) If setapart from community property, one-half in the surviving spouse and one-half inthe devisees of the decedent, or if no disposition is made, then entirely inthe surviving spouse.

3. In either case referred to in subsection 1 or 2,the homestead is not subject to the payment of any debt or liability existingagainst the spouses, or either of them, at the time of death of either, unlessthe debt or liability is secured by a mortgage or lien.

[115:107:1941; 1931 NCL 9882.115](NRS A 1965, 60;1973, 191; 1983, 667; 1999,2304)

DISTRIBUTION OF SMALL ESTATES

NRS 146.070 Estatesnot exceeding $75,000: Petition; notice; fees; distribution of interest ofminor.

1. If a persondies leaving an estate the gross value of which, after deducting anyencumbrances, does not exceed $75,000, and there is a surviving spouse or minorchild or minor children of the decedent, the estate must not be administeredupon, but the whole estate, after directing such payments as may be deemedjust, must be, by an order for that purpose, assigned and set apart for thesupport of the surviving spouse or minor child or minor children, or for thesupport of the minor child or minor children, if there is no surviving spouse.Even if there is a surviving spouse, the court may, after directing suchpayments, set aside the whole of the estate to the minor child or minorchildren, if it is in their best interests.

2. If there isno surviving spouse or minor child of the decedent and the gross value of adecedents estate, after deducting any encumbrances, does not exceed $75,000,upon good cause shown, the court shall order that the estate not be administeredupon, but the whole estate be assigned and set apart in the following order:

(a) To thepayment of funeral expenses, expenses of last illness, money owed to theDepartment of Health and Human Services as a result of payment of benefits forMedicaid and creditors, if there are any; and

(b) Any balanceremaining to the claimant or claimants entitled thereto pursuant to a validwill of the decedent, and if there is no valid will, pursuant to intestate succession.

3. Proceedingstaken under this section, whether or not the decedent left a valid will, mustnot begin until at least 30 days after the death of the decedent and must beoriginated by a petition containing:

(a) A specificdescription of all the decedents property.

(b) A list ofall the liens and mortgages of record at the date of the decedents death.

(c) An estimateof the value of the property.

(d) A statementof the debts of the decedent so far as known to the petitioner.

(e) The namesand residences of the heirs and devisees of the decedent and the age of any whois a minor and the relationship of the heirs and devisees to the decedent, sofar as known to the petitioner.

4. The clerkshall set the petition for hearing and the petitioner shall give notice of thepetition and hearing in the manner provided in NRS 155.010 to the decedents heirs anddevisees and to the Director of the Department of Health and Human Services. Ifa complete copy of the petition is not enclosed with the notice, the noticemust include a statement setting forth to whom the estate is being set aside.

5. No court orclerks fees may be charged for the filing of any petition in, or order ofcourt thereon, or for any certified copy of the petition or order in an estatenot exceeding $2,500 in value.

6. If the court finds that the gross value of theestate, less encumbrances, does not exceed the sum of $75,000, the court maydirect that the estate be distributed to the father or mother of a minor heiror devisee, with or without the filing of any bond, or to a custodian under chapter 167 of NRS, or may require that a generalguardian be appointed and that the estate be distributed to the guardian, withor without bond, as in the discretion of the court is deemed to be in the bestinterests of the minor. The court may direct the manner in which the money maybe used for the benefit of the minor.

[117:107:1941; A 1941, 130; 1931 NCL 9882.117](NRSA 1963, 1271; 1965, 171; 1973, 431; 1975, 1772; 1981, 1794; 1983, 193; 1989,647; 1995, 2573; 1997, 113, 1249, 1487; 1999, 2305; 2003, 881, 2512)

NRS 146.080 Estatesnot exceeding $20,000: Transfer of assets without issuance of letters ofadministration or probate of will; affidavit showing right to assets.

1. If adecedent leaves no real property, nor interest therein, nor mortgage or lienthereon, in this State, and the gross value of the decedents property in thisState, over and above any amounts due to the decedent for services in the ArmedForces of the United States, does not exceed $20,000, a person who has a rightto succeed to the property of the decedent pursuant to the laws of successionfor a decedent who died intestate or pursuant to the valid will of a decedentwho died testate, on behalf of all persons entitled to succeed to the propertyclaimed, or the Director of the Department of Health and Human Services orpublic administrator on behalf of the State or others entitled to the property,may, 40 days after the death of the decedent, without procuring letters ofadministration or awaiting the probate of the will, collect any money due thedecedent, receive the property of the decedent, and have any evidences ofinterest, indebtedness or right transferred to the claimant upon furnishing theperson, representative, corporation, officer or body owing the money, havingcustody of the property or acting as registrar or transfer agent of theevidences of interest, indebtedness or right, with an affidavit showing theright of the affiant or affiants to receive the money or property or to havethe evidence transferred.

2. Anaffidavit made pursuant to this section must state:

(a) Theaffiants name and address, and that the affiant is entitled by law to succeedto the property claimed;

(b) The dateand place of death of the decedent;

(c) That thegross value of the decedents property in this State, except amounts due thedecedent for services in the Armed Forces of the United States, does not exceed$20,000, and that the property does not include any real property nor interesttherein, nor mortgage or lien thereon;

(d) That atleast 40 days have elapsed since the death of the decedent, as shown in acertified copy of the certificate of death of the decedent attached to theaffidavit;

(e) That nopetition for the appointment of a personal representative is pending or hasbeen granted in any jurisdiction;

(f) That alldebts of the decedent, including funeral and burial expenses, and money owed tothe Department of Health and Human Services as a result of the payment ofbenefits for Medicaid, have been paid or provided for;

(g) Adescription of the personal property and the portion claimed;

(h) That theaffiant has given written notice, by personal service or by certified mail,identifying the affiants claim and describing the property claimed, to every personwhose right to succeed to the decedents property is equal or superior to thatof the affiant, and that at least 14 days have elapsed since the notice wasserved or mailed;

(i) That theaffiant is personally entitled, or the Department of Health and Human Servicesis entitled, to full payment or delivery of the property claimed or is entitledto payment or delivery on behalf of and with the written authority of all othersuccessors who have an interest in the property; and

(j) That theaffiant acknowledges an understanding that filing a false affidavit constitutesa felony in this State.

3. If theaffiant:

(a) Submits anaffidavit which does not meet the requirements of subsection 2 or whichcontains statements which are not entirely true, any money or property theaffiant receives is subject to all debts of the decedent.

(b) Fails togive notice to other successors as required by subsection 2, any money orproperty the affiant receives is held by the affiant in trust for all other successorswho have an interest in the property.

4. A personwho receives an affidavit containing the information required by subsection 2is entitled to rely upon that information, and if the person relies in goodfaith, the person is immune from civil liability for actions based on thatreliance.

5. Uponreceiving proof of the death of the decedent and an affidavit containing theinformation required by this section:

(a) A transferagent of any security shall change the registered ownership of the securityclaimed from the decedent to the person claiming to succeed to ownership ofthat security.

(b) Agovernmental agency required to issue certificates of title, ownership orregistration to personal property shall issue a new certificate of title,ownership or registration to the person claiming to succeed to ownership of theproperty.

6. If anyproperty of the estate not exceeding $20,000 is located in a state whichrequires an order of a court for the transfer of the property, or if the estateconsists of stocks or bonds which must be transferred by an agent outside thisState, any person qualified pursuant to the provisions of subsection 1 to havethe stocks or bonds or other property transferred may do so by obtaining acourt order directing the transfer. The person desiring the transfer must filea petition, which may be ex parte, containing:

(a) A specificdescription of all the property of the decedent.

(b) A list ofall the liens and mortgages of record at the date of the decedents death.

(c) An estimateof the value of the property of the decedent.

(d) The names,ages of any minors and residences of the decedents heirs and devisees.

(e) A requestfor the court to issue an order directing the transfer of the stocks or bondsor other property if the court finds the gross value of the estate does not exceed$20,000.

(f) An attachedcopy of the executed affidavit made pursuant to subsection 2.

If the courtfinds that the gross value of the estate does not exceed $20,000 and the personrequesting the transfer is entitled to it, the court may enter an order directingthe transfer.

(Added to NRS by 1957, 130; A 1975, 1773; 1979, 478;1983, 194; 1995, 2574; 1997, 1250, 1488; 1999, 2306; 2001, 2346; 2003, 476, 882)

 

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