2005 Nevada Revised Statutes - Chapter 151 — Adjustments; Distribution and Discharge
CHAPTER 151 - ADJUSTMENTS; DISTRIBUTION ANDDISCHARGE
GENERAL PROVISIONS
NRS 151.003 Orderof priority for payment of devises.
AGREEMENTS
NRS 151.005 Agreementby distributees to alter interests, shares or amounts to which they areotherwise entitled under terms of will: Requirements; exceptions; personalrepresentative to abide by terms.
PARTIAL DISTRIBUTION
NRS 151.010 Petitionfor partial distribution; bond.
NRS 151.020 Petitionfor hearing and notice of hearing.
NRS 151.030 Contestof petition.
NRS 151.040 Orderfor distribution: Prerequisites to order; bond; assumption of personalliability by heir or devisee.
NRS 151.050 Orderof repayment: Action on bond or other security; action against distributee ifno bond or other security given.
NRS 151.060 Partitionwhen partial distribution ordered.
NRS 151.070 Costs.
FINAL DISTRIBUTION
NRS 151.080 Petitionfor final distribution.
NRS 151.090 Noticeof hearing of petition.
NRS 151.095 Mannerof distribution; distribution without proration.
NRS 151.110 Orderand distribution; recording of copy of order conveying real property.
ADVANCEMENTS, SATISFACTION OF TESTAMENTARY GIFTS, ADEMPTIONSAND ABATEMENT
NRS 151.120 Whengift before death not deemed advancement.
NRS 151.130 Computationof share of estate if heir or devisee received advancement.
NRS 151.140 Valueof property advanced.
NRS 151.150 Predeceasedheir or devisee.
NRS 151.160 Determinationof questions as to advancements.
NRS 151.161 Whengift before death not deemed satisfaction of testamentary gift.
NRS 151.162 Valueof gift in satisfaction of testamentary gift.
NRS 151.163 Effectof abatement.
NRS 151.167 Propertysold to pay debts, expenses or family allowances: Contribution betweendevisees.
DISCHARGE
NRS 151.170 Paymentsto county treasurer for person who cannot be found, minor or incapacitatedperson without guardian, and others.
NRS 151.190 Saleof unclaimed personal property; disposition of proceeds.
NRS 151.210 Claimof money paid into State Treasury; order of court.
NRS 151.230 Orderof discharge; court may excuse filing of receipt; order for distribution ofestate from recovery of distributed property.
REOPENING
NRS 151.240 Subsequentadministration; limitation on reopening estate.
NRS 151.250 Petition;hearing and notice.
NRS 151.260 Supplementalorders.
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GENERAL PROVISIONS
NRS
1. The property which is expressly appropriated by thewill for the specific devise.
2. Property not disposed of by the will.
3. Property which is devised to a residuary devisee.
(Added to NRS by
AGREEMENTS
NRS
(Added to NRS by 1997, 1491; A
PARTIAL DISTRIBUTION
NRS
1. At any time after the lapse of 3 months from theissuing of letters, the personal representative or any heir or devisee, or theassignee, grantee or successor in interest of any heir or devisee, may petitionthe court to distribute a share of the estate, or any portion thereof, to anyperson entitled thereto, upon the person giving a bond, with approved security,for the payment of the persons proportion of the debts of the estate.
2. The court may dispense with a bond if it is made toappear that the bond is unnecessary.
[235:107:1941; A 1955, 161](NRS A
NRS
[236:107:1941; A 1955, 161](NRS A
NRS
[237:107:1941; A 1955, 161](NRS A
NRS
1. Subject to the provisions of subsection 3, if itappears at the hearing that the estate has little debt and that the share orshares of the party or parties petitioning may be allowed without injury to thecreditors of the estate, the court shall enter an order in conformity with therequest of the petitioner or petitioners.
2. The order may direct the personal representative todeliver to the petitioner or petitioners the whole portion of the estate towhich each is entitled, or a part of the portion, if there is sufficientproperty remaining in the estate to satisfy the debts or if there is filed withthe court an assumption of liability for a contingent or disputed debt asprovided in subsection 3. The court may impose any other conditions it determinesare just, including a requirement that a distributee give a security interestin all or part of the property distributed or give bond in an amount determinedby the court. The bond must be payable to the personal representative andconditioned for the payment by the distributee, whenever required, of hisproportion of the debts of the estate.
3. As a condition of an order under subsection 2, ifdirected by the court, each heir or devisee shall file with the court a signedand acknowledged agreement assuming personal liability for the contingent ordisputed debt and consenting to jurisdiction in this State for the enforcementof the debt if it becomes absolute or established. The personal liability ofeach heir or devisee does not exceed the fair market value on the date ofdistribution of the property distributed less the amount of any liens orencumbrances. If there is more than one heir or devisee, their personalliability is joint and several.
[238:107:1941; 1931 NCL 9882.238] + [239:107:1941;1931 NCL 9882.239](NRS A
NRS
1. If a bond or other security has been executed anddelivered as prescribed in NRS 151.040,and the personal representative ascertains that it is necessary for thesettlement of the estate to require the payment of any part of the moneythereby secured, he shall petition the court for an order requiring the paymentand cause a citation to be issued and served upon the parties bound, requiringthem, at a time and place, not more than 10 days after the date of thecitation, to be stated therein, to appear and show cause why the order shouldnot be made.
2. The court, if satisfied of the necessity for thepayment to be made, shall enter an order designating the amount and giving atime in which it shall be paid.
3. If the money is not paid within the time allowed,an action may be maintained by the personal representative on the bond or othersecurity.
4. Similar proceedings may be initiated against anheir or devisee if no bond or other security is given.
[242:107:1941; 1931 NCL 9882.242](NRS A
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[240:107:1941; 1931 NCL 9882.240](NRS A
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[241:107:1941; 1931 NCL 9882.241](NRS A
FINAL DISTRIBUTION
NRS
1. If a personal representative files his finalaccount with a petition requesting the allowance and confirmation thereof, hemay also include in the petition a request for the distribution of the estate.Upon the settlement and allowance of the final account, the court may alsoorder a distribution of the residue of the estate, if any, among the personswho are by law entitled thereto.
2. If a final account is settled and allowed withoutan order of distribution, the personal representative, or an heir or devisee,or an assignee or grantee of an heir or devisee, at any time thereafter, maypetition the court for an order distributing the estate.
[Part 243:107:1941; 1931 NCL 9882.243](NRS A
NRS
1. When a petition for final distribution is filed,the clerk shall set the petition for hearing and the petitioner shall givenotice for the period and in the manner provided in
2. The court may order such further notice as it deemsproper.
[Part 243:107:1941; 1931 NCL 9882.243](NRS A 1975,1778; 1985, 2037; 1997, 1492;
NRS
1. Except as otherwise provided in subsection 2 or inthe will, a personal representative may distribute property and money:
(a) In divided or undivided interests; and
(b) With or without proration.
2. Each affected beneficiary must agree before anyproperty or money is distributed without proration, unless the will authorizesa personal representative to distribute property and money without proration.
(Added to NRS by
NRS
1. After the accounts of a personal representativehave been settled and an order for the distribution of the estate entered bythe court, the personal representative shall, without any unnecessary delay,distribute the estate remaining undistributed as directed by the order.
2. In the order, the court shall name the persons andthe proportion or parts to which each is entitled, and that person has theright to demand and recover a respective share from the personal representativeor any other person having possession of it.
3. The personal representative shall, within 10 daysafter the entry of an order of distribution conveying any real property, recorda certified copy of the order with the county recorder of the county in whichthe order was entered and of any other county in which the real property, orany portion of it, is located.
[233:107:1941; 1931 NCL 9882.233] + [Part244:107:1941; A 1947, 38; 1943 NCL 9882.244](NRS A 1963, 17;
ADVANCEMENTS, SATISFACTION OF TESTAMENTARY GIFTS,ADEMPTIONS AND ABATEMENT
NRS
1. So expressed in the gift or grant;
2. Charged in writing by the decedent as anadvancement; or
3. Acknowledged in writing by the donee to be such.
[303:107:1941; 1931 NCL 9882.303](NRS A
NRS
1. Any property given by a decedent during thelifetime of the decedent as an advancement to a donee must be considered aspart of the estate for the sole purpose of computing the respective shares ofthe distributees and must be taken by the donee toward his share of the estateof the decedent.
2. If the amount of the advancement exceeds the shareof the heir or devisee so advanced, the heir or devisee is excluded from anyfurther portion in the distribution and division of the estate, but he is notrequired to refund any part of the advancement. If the amount so received isless than his share, he is entitled to as much more as will give him his fullshare of the estate of the decedent.
[301:107:1941; 1931 NCL 9882.301] + [302:107:1941;1931 NCL 9882.302](NRS A
NRS
[304:107:1941; 1931 NCL 9882.304](NRS A
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[305:107:1941; 1931 NCL 9882.305](NRS A
NRS
[267:107:1941; 1931 NCL 9882.267](NRS A
NRS
1. So expressed in the instrument providing for thegift or grant;
2. Charged in a writing by the decedent as partial orcomplete satisfaction of a testamentary gift; or
3. Acknowledged in writing by the donee to be such.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
DISCHARGE
NRS
[268:107:1941; 1931 NCL 9882.268](NRS A
NRS
[269:107:1941; 1931 NCL 9882.269](NRS A
NRS
1. If personal property remains in the possession of apersonal representative unclaimed for 1 year, or if the distributee refuses toaccept or give a proper receipt for the property, or is a minor orincapacitated person and has no legally qualified guardian of his estate, andit appears to the court that it is for the benefit of those interested, or ifthe personal representative desires his discharge and it appears to the courtthat no injury will result to those interested, the court shall order theproperty to be sold.
2. The proceeds, after deducting such expenses of saleas may be allowed by the court, must be paid into the State Treasury. Thedepositor must take from the Treasurer a receipt, which must be filed with thecourt.
[270:107:1941; 1931 NCL 9882.270](NRS A
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[272:107:1941; 1931 NCL 9882.272](NRS A
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[273:107:1941; 1931 NCL 9882.273](NRS A
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1. If an estate has been fully administered, and it isshown by the personal representative, by the production of satisfactoryreceipts, that all sums of money due and all the property of the estate hasbeen distributed to the persons entitled to it and all acts lawfully requiredhave been performed, the court shall enter an order discharging sureties fromall liability thereafter to be incurred.
2. The court may excuse the filing of a receipt on aproper showing that the personal representative is unable, after reasonableeffort, to obtain a receipt and that the property has been delivered to or isin the possession of the distributee or creditor.
3. The provisions of this section do not bar asuccessful appellant from an order for the distribution of an estate from therecovery of any property distributed to an heir or devisee pursuant to theorder.
[274:107:1941; 1931 NCL 9882.274](NRS A 1981, 463;1999, 2346)
REOPENING
NRS
1. Except as otherwise provided in subsection 2, thefinal settlement of an estate does not prevent:
(a) The reopening of the estate for the purpose ofadministering other property which has been discovered or for correcting errorsmade in the description of the property administered.
(b) The subsequent issuance of letters if it becomesnecessary or proper for any cause that letters should again be issued.
2. In the absence of fraud, an estate must not bereopened based upon the discovery of:
(a) A will, if the estate was administered as if thedecedent had died intestate; or
(b) A will dated later than the will that was probated.
[275:107:1941; 1931 NCL 9882.275](NRS A 1983, 196;1991, 132; 1999, 2346)
NRS
(Added to NRS by 1983, 196; A
NRS
1. Reopen the estate.
2. Order the administration of other property whichhas been discovered.
3. Enter any necessary orders to correct errors madein the description of the estate previously administered.
In theabsence of fraud, no proceedings may be taken by the court after the reopeningof an estate except as necessary to administer other property which has beendiscovered or to correct errors made in the description of the estatepreviously administered. Any orders of the court made necessary by thereopening of the estate must be designated as supplemental orders.
(Added to NRS by 1983, 196; A
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