2022 Nevada Revised Statutes
Chapter 143 - Powers and Duties of Personal Representatives
NRS 143.165 - Ex parte order to restrain personal representative from performing administration, disbursement or distribution of estate: Issuance; hearing; notice; termination; prohibition on bond requirement in certain circumstances.

1. Except as otherwise provided in subsection 6, on petition or ex parte application of an interested person, the court, with or without bond, may enter an ex parte order restraining a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the personal representative otherwise may take action that would jeopardize unreasonably the interest of the petitioner, of some other interested person or the estate, the court may enter the ex parte order. A person with whom the personal representative may transact business may be made a party to the ex parte order.

2. Any ex parte orders entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the estate.

3. Notice of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the personal representative and the attorney of record of the personal representative, if any, to any other party named as a party in the ex parte order and as otherwise directed by the court.

4. The court may impose a fine on an interested person who obtains an ex parte order pursuant to this section without probable cause.

5. The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the personal representative if it no longer appears to the court that the personal representative otherwise may take action that would jeopardize unreasonably the interest of the petitioner, of some other interested person or the estate.

6. A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, must not be required to post a bond for obtaining any order pursuant to this section.

(Added to NRS by 1997, 1485; A 1999, 2295; 2017, 1678; 2019, 1856; 2021, 971)