2005 Nevada Revised Statutes - Chapter 156 — Administration of Estates of Missing Persons

CHAPTER 156 - ADMINISTRATION OF ESTATES OFMISSING PERSONS

TRUSTEES OF ESTATES OF PERSONS MISSING 90 DAYS OR MORE

NRS 156.010 Presentmentof petition for appointment of trustee; filing; appointment of day for hearing.

NRS 156.020 Noticeof hearing: Publication by clerk; court may direct further notice.

NRS 156.030 Hearing;appointment of trustee.

NRS 156.040 Whomay be appointed trustee.

NRS 156.050 Bondof trustee.

NRS 156.060 Trusteespowers and duties; payments for family expenses or support.

NRS 156.070 Accountingsby trustee; removal and appointment of another trustee.

NRS 156.080 Saleor mortgage of property: Filing of petition by trustee; notice of hearing.

NRS 156.090 Saleor mortgage of property: Hearing; order for sale or mortgage; limitations andprocedure.

NRS 156.100 Accountingif missing person returns.

NRS 156.110 Settlementof account on return of missing person; order requiring delivery of property.

ADMINISTRATION OF ESTATES OF PERSONS MISSING 3 YEARS OR MORE

NRS 156.120 Persondeemed missing after 3 years; administration of property; procedure.

NRS 156.130 Jurisdictionof proceedings; residence of absentee; entitlement of proceedings.

NRS 156.140 Petitionfor administration or probate; contents and verification of petition;appointment of day for hearing.

NRS 156.150 Mannerof giving notice of hearing.

NRS 156.160 Hearing;appointment of administrator or executor; time fixed when person becamemissing; finding concerning death.

NRS 156.170 Nosale, mortgage or distribution of property for 1 year; exceptions.

NRS 156.180 Distributionof property to heirs and devisees: Time; bond of distributee; conditions.

NRS 156.190 Petitionof person claiming to be missing person: Contents; service; security for costs;trial of issue of identity.

NRS 156.200 Ordervacating proceedings; exceptions; delivery of residue to claimant.

NRS 156.210 Petitionclaiming death of missing person: Service; security for costs; trial of issue;order.

NRS 156.220 Finaldistribution; conclusive presumption of death.

NRS 156.230 Distributionwithout bond if absence exceeds 5 years.

NRS 156.240 Limitationof actions.

NRS 156.250 Powersand duties of administrators and executors.

NRS 156.260 Applicabilityof NRS 156.120 to 156.260, inclusive.

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TRUSTEES OF ESTATES OF PERSONS MISSING 90 DAYS OR MORE

NRS 156.010 Presentmentof petition for appointment of trustee; filing; appointment of day for hearing. If any resident of this State, who owns or is entitled tothe possession of any real or personal property situate therein, is missing, orhis whereabouts is unknown, for 90 days or more, and a petition is presented tothe district court of the county in which his last known residence was locatedby any member of his family or any friend, representing that his whereaboutshas been, for such time, and still is, unknown, and that his estate requiresattention, supervision and care of ownership, the court shall order suchpetition to be filed, and appoint a day for its hearing, not less than 10 daysfrom the date of the order.

(Added to NRS by 1959, 504; A 2001, 168)

NRS 156.020 Noticeof hearing: Publication by clerk; court may direct further notice. The clerk of the court shall thereupon cause a notice tobe published in some daily or weekly newspaper published in the county, atleast 10 days prior to such hearing, stating that such petition will be heardat the courtroom of the court at the time appointed for the hearing. The courtmay direct further notice of the application to be given in such manner and tosuch persons as it may deem proper.

(Added to NRS by 1959, 505)

NRS 156.030 Hearing;appointment of trustee. The court shall hear theevidence offered in support of or in opposition to the petition, and, ifsatisfied that the allegations thereof are true, and that such person remainsmissing, and his whereabouts unknown, it shall appoint some suitable person astrustee to take charge and possession of such estate and manage and control itunder the direction of the court.

(Added to NRS by 1959, 505)

NRS 156.040 Whomay be appointed trustee. In appointing suchtrustee, the court shall prefer the spouse of the missing person, or thespouses nominee, and, in the absence of a spouse, some relative of the missingperson.

(Added to NRS by 1959, 505; A 1979, 143)

NRS 156.050 Bondof trustee. Every trustee appointed under NRS 156.010 to 156.110, inclusive, shall give a bond in anamount to be fixed by the court.

(Added to NRS by 1959, 505)

NRS 156.060 Trusteespowers and duties; payments for family expenses or support.

1. The trustee shall take possession of the real andpersonal estate in this State of such missing person, and collect and receivethe rents, income and proceeds thereof, collect all indebtedness owing to him,and pay such indebtedness of the missing person as may be authorized by thecourt.

2. The court may direct the trustee to pay to thefamily of the missing person such sums of money for family expenses and supportfrom the income and principal of the estate as it may, from time to time,determine.

(Added to NRS by 1959, 505)

NRS 156.070 Accountingsby trustee; removal and appointment of another trustee. The trustee shall, when directed by the court, account toit for all his acts as trustee, and the court may, from time to time, upon goodcause shown, remove any trustee, and appoint another in his place.

(Added to NRS by 1959, 505)

NRS 156.080 Saleor mortgage of property: Filing of petition by trustee; notice of hearing.

1. The trustee may sell any of the personal propertyor sell, mortgage or give a deed of trust upon any of the real property of themissing person when the court considers such an action to be in the bestinterest of the estate and all parties concerned, including devisees and thosewho would be, in case of the death of the missing person, the heirs at law. Forthat purpose, the trustee may file a petition with the court asking for anorder authorizing such a sale, mortgage or deed of trust.

2. The clerk shall set the petition for hearing andgive notice of the hearing, in the manner prescribed in NRS 155.010, to the persons described inthat section and to:

(a) Each of the persons who would be heirs at law ofthe missing person if he were dead; and

(b) If it appears that the missing person left a will,each devisee mentioned therein.

3. If the address of any such person is unknown, thenotice must be mailed by registered or certified mail to that person at thecounty seat of the county in which the court is held, and the trustee shallfile his affidavit showing that the address is unknown and stating what effortshe has made to learn the address.

(Added to NRS by 1959, 505; A 1969, 95; 1983, 670; 2001, 168)

NRS 156.090 Saleor mortgage of property: Hearing; order for sale or mortgage; limitations andprocedure. Proof shall be offered at thehearing provided for in NRS 156.080showing the reasons for making the sale, mortgage or deed of trust. If thecourt finds that it will be for the best interests of all persons concerned inthe estate of the missing person to make such sale, mortgage or deed of trust,it shall order the trustee to proceed therewith in the manner provided in thistitle for the sales, mortgages and deeds of trusts of deceased persons. No suchsale, mortgage or deed of trust may take place prior to the expiration of 8months from the date of the appointment and qualification of the trustee.

(Added to NRS by 1959, 506)

NRS 156.100 Accountingif missing person returns. If the missingperson returns, the court, upon application of such person, or upon its ownmotion, shall require the trustee to render and file a verified account of theadministration of the trust. The provisions of this title relating toaccounting by executors and administrators of estates of deceased persons shallapply to such accounting.

(Added to NRS by 1959, 506)

NRS 156.110 Settlementof account on return of missing person; order requiring delivery of property. Upon settling the account of the trustee, the court shallorder the property of the missing person remaining in the hands of the trusteeto be delivered to the owner thereof.

(Added to NRS by 1959, 506)

ADMINISTRATION OF ESTATES OF PERSONS MISSING 3 YEARS ORMORE

NRS 156.120 Persondeemed missing after 3 years; administration of property; procedure. If any person owning property in this State has beenabsent from his last known place of residence for a continuous period of 3years, with his whereabouts for that period unknown to the persons most likelyto know thereof, he shall be deemed to be a missing person, and all property ofthe person in this State may be administered, as though he were deceased, inthe same manner provided in this title for the administration of estates ofdeceased persons, subject to the conditions, restrictions and limitationsprescribed in NRS 156.120 to 156.260, inclusive.

(Added to NRS by 1959, 506; A 1991, 965)

NRS 156.130 Jurisdictionof proceedings; residence of absentee; entitlement of proceedings.

1. If such person was a resident of this State at thetime of his disappearance, the district court of the county in which thatresidence was located shall have jurisdiction of all proceedings initiatedunder NRS 156.120 to 156.260, inclusive.

2. If such person was a nonresident of this State, thedistrict court in any county where any real property of the missing person islocated, or of the county where any personal property is located, if there isno real property in the State, shall have jurisdiction in such proceedings.

3. The title of all proceedings commenced andprosecuted under NRS 156.120 to 156.260, inclusive, shall be entitled Inthe matter of the estate of ................, a missing person.

(Added to NRS by 1959, 506; A 1991, 965)

NRS 156.140 Petitionfor administration or probate; contents and verification of petition;appointment of day for hearing.

1. If a petition is presented to the court havingjurisdiction, as provided in NRS 156.130,by his spouse or any of his family or friends, representing that his whereaboutshas been for the required period and still is unknown and that he left anestate which requires administration, the clerk of the court shall appoint aday for hearing the petition, not less than 3 months from the date of filing.

2. The petition may be for administration of theestate or probate of the will of the person, as the case may be, and must beverified to the best knowledge and belief of the petitioner.

3. The petition must set forth a statement of facts asrequired in the case of administration of estates of deceased persons and mustcontain allegations as to the last known place of residence of the missingperson, when he disappeared therefrom, the fact that he has not been heard fromby the person most likely to hear, naming the person and his relationship, fora period of 3 years or more, and the fact that his whereabouts is unknown tothe person and the petitioner.

(Added to NRS by 1959, 506; A 1991, 965; 2001, 168)

NRS 156.150 Mannerof giving notice of hearing. Notice of hearingthe petition for administration of the estate or probate of the will of themissing person shall be given in the manner provided in this title for givingnotice of hearing in the administration of estates of deceased persons, andnotice shall be mailed by registered or certified mail to the last knownaddress of the missing person, and proof by affidavit of such notices shall befiled prior to or at the hearing.

(Added to NRS by 1959, 507; A 1969, 95)

NRS 156.160 Hearing;appointment of administrator or executor; time fixed when person becamemissing; finding concerning death.

1. The court shall hear all evidence in support of orin opposition to the petition provided for in NRS156.140, and, if satisfied that the allegations thereof are true, and thatthe missing person has remained missing for a continuous period of 3 years ormore and that his whereabouts is unknown, shall appoint some qualified personas administrator or executor in the manner provided in this title for theestates of deceased persons.

2. If the court grants the order, it shall:

(a) Fix and determine the time when the person left hislast place of residence and abode and became missing and that his whereaboutshas not been known continuously for a period of at least 3 years; and

(b) Make a finding stating the fact and date of death.

3. At the hearing the court may consider the testimonyof any witnesses likely to know the last place of residence and whereabouts ofthe missing person, and may receive in evidence and consider the affidavits anddepositions of other competent persons.

(Added to NRS by 1959, 507; A 1991, 965)

NRS 156.170 Nosale, mortgage or distribution of property for 1 year; exceptions. Except for the purposes of paying taxes, assessments,liens, insurance premiums, allowing claims for debts contracted by the missingperson before his disappearance or to prevent the depreciation of property onaccount of neglect or waste, or to specifically perform contracts made by themissing person before his disappearance, no sale, mortgage or other dispositionor distribution of the property of such person shall be made until the lapse of1 year after the appointment and qualification of the executor oradministrator.

(Added to NRS by 1959, 507)

NRS 156.180 Distributionof property to heirs and devisees: Time; bond of distributee; conditions. No distribution of the property of the missing person tothe heirs or devisees of the missing person may be made until the lapse of 1year after the appointment and qualification of the executor or administrator,unless the distributee gives a bond in a penal sum not less than the value ofthe property distributed and for such additional amount as the courtprescribes, conditioned for the return of the property or the value thereof tothe personal representative of the estate in case the missing person beadjudicated to be still living since the commencement of the 3-year period, andalso conditioned to save the personal representative of the estate harmlessfrom the damages and expenses of all suits brought by the missing person oranyone succeeding to his rights, by reason of the distribution during theperiod of 1 year.

(Added to NRS by 1959, 507; A 1991, 966; 2001, 168)

NRS 156.190 Petitionof person claiming to be missing person: Contents; service; security for costs;trial of issue of identity.

1. If any person, within 1 year after the appointmentand qualification of a personal representative, files a petition, claiming tobe the missing person, and causes a copy of the petition to be servedpersonally or by registered or certified mail upon the personal representativeand upon each of the persons entitled to share in the estate of the missingperson upon the death of the missing person, and the devisees, the court shalldetermine the identity of the claimant at a hearing for that purpose.

2. The court may, upon application or of its ownmotion, require the claimant to give security to be approved by the court forall costs and expenses involved in the hearing and ultimate determination ofthe action, in case the outcome of the hearing be adverse to the claimant.

3. The petition must set forth the facts andcircumstances of the claimants disappearance and continued absence, and otherfacts and circumstances upon which he relies for his identification.

(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168)

NRS 156.200 Ordervacating proceedings; exceptions; delivery of residue to claimant. If the court determines that the claimant is the missingperson, an order shall be made vacating all of the proceedings foradministration, except those providing for the payment of taxes, assessments,liens, insurance premiums, allowed claims, the specific performance ofcontracts, preservation of the property, and any sale, encumbrance or otherdisposition of the property made in compliance with an order of the court. Theremainder of the estate, less fees, costs and expenses incurred, shall besurrendered and delivered to the claimant.

(Added to NRS by 1959, 508)

NRS 156.210 Petitionclaiming death of missing person: Service; security for costs; trial of issue;order.

1. If any other person within 1 year after theappointment and qualification of the representative files a petition claimingthat the missing person died subsequent to the commencement of the 3-yearperiod provided herein, and the petitioner is entitled to the property in theestate, or any portion thereof, as successor in interest to the rights of themissing person, and if the petitioner causes a copy of the petition to beserved personally or by registered or certified mail upon the personalrepresentative of the estate and upon each of the heirs and devisees, the courtshall determine the truth of the facts contained in the petition.

2. The court may, upon application or on its ownmotion, require the claimant to give security to be approved by the court forall costs and expenses involved in the hearing and determination of the truthof the facts contained in the petition, in case the hearing is decided adverseto the claimant.

3. If the hearing is decided in favor of the claimant,the court shall make and enter such order as the circumstances require.

(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168)

NRS 156.220 Finaldistribution; conclusive presumption of death.

1. If no claims are made during the 1-year period byany person claiming to be the missing person or a person claiming to havesucceeded to the rights of that person, a conclusive presumption arises thatthe missing person died before the filing of the petition for theadministration of his estate or the probate of his will.

2. In such event, the estate must be finallydistributed accordingly, so far as the same has not already been accomplished,and the court shall order the estate closed and all liability of sureties, thepersonal representative and the distributees ended, and all bonds cancelled.

(Added to NRS by 1959, 508; A 1991, 967; 2001, 168)

NRS 156.230 Distributionwithout bond if absence exceeds 5 years. Ifthe petition provided in NRS 156.140 isfiled more than 5 years after the disappearance of the missing person, theestate of the person may be finally distributed and closed at the end of 1 yearafter the filing of the petition, without a bond being given.

(Added to NRS by 1959, 509; A 1991, 967)

NRS 156.240 Limitationof actions. No claims against the estate of amissing person, or against the personal representative of the estate or anysurety or distributee may be brought by any person, including the missingperson and persons claiming under him, after the expiration of 5 years from thedate of disappearance as determined in the manner provided in NRS 156.160.

(Added to NRS by 1959, 509; A 1991, 967; 2001, 168)

NRS 156.250 Powersand duties of administrators and executors. Theadministrator or executor to whom letters have been issued as provided in NRS 156.120 to 156.260, inclusive, shall administer anddistribute the estate of the missing person in the same manner and method andwith the same force and effect as provided in this title for the administrationand settlement of estates of deceased persons, except as otherwise provided in NRS 156.120 to 156.260, inclusive.

(Added to NRS by 1959, 509)

NRS 156.260 Applicabilityof NRS156.120 to 156.260, inclusive. The provisions of NRS 156.120to 156.260, inclusive, apply to allmissing persons, whether their absence commenced prior to March 30, 1959, isstill continuing, or commences subsequent to March 30, 1959.

(Added to NRS by 1959, 509)

 

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