NRS 132.010 Constructionof title. This title must be liberallyconstrued so that a speedy settlement of estates is accomplished at the leastexpense to the parties.

[Part 307:107:1941; 1931 NCL 9882.307](NRS A 1999, 2254)

NRS 132.025 Definitions. As used in this title, unless the context otherwiserequires, the words and terms defined in NRS132.030 to 132.370, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1999, 2249; A 2001, 2340)

NRS 132.030 Abatementdefined. Abatement means a proportionalreduction of a pecuniary devise when the money or other assets out of which thedevise is payable are not sufficient to pay the devise in full.

(Added to NRS by 1999, 2249)

NRS 132.035 Acknowledgmentdefined. Acknowledgment means a declarationthat an instrument has been executed for the purposes stated therein and, ifthe instrument was executed in a representative capacity, that the instrumentwas signed with proper authority and executed as the act of the personrepresented and identified therein.

(Added to NRS by 1999, 2249)

NRS 132.040 Administratordefined. Administrator means a person notdesignated in a will who is appointed by the court to administer an estate.

(Added to NRS by 1999, 2249)

NRS 132.045 Agentdefined. Agent means a person authorized torepresent or act for another person, including an attorney-in-fact under adurable or nondurable power of attorney and a person authorized to makedecisions concerning the health care of another person.

(Added to NRS by 1999, 2249)

NRS 132.050 Beneficiarydefined. Beneficiary, as it relates to:

1. A trust, includes a person who has a present or futureinterest, vested or contingent, and the owner of an interest by assignment orother transfer;

2. A charitable trust, includes any person entitled toenforce the trust;

3. An instrument designating a beneficiary, includes abeneficiary of an insurance policy or annuity, of an account designated aspayable on death, of a security registered as transferable on death or of apension, profit-sharing, retirement or similar benefit plan or other nonprobatetransfer at death; and

4. A beneficiary designated in a governing instrument,includes a grantee of a deed, a devisee, a beneficiary of a trust, abeneficiary under a designation, a donee, an appointee or a taker in defaultunder a power of appointment, or a person in whose favor a power of attorney ora power held in any individual, fiduciary or representative capacity isexercised,

but does notinclude a person who receives less than $100 under a will.

(Added to NRS by 1999, 2249)

NRS 132.055 Childdefined. Child includes a person entitled totake as a child by intestate succession from the parent whose relationship isinvolved and excludes a person who is a stepchild, a foster child, a grandchildor any more remote descendant.

(Added to NRS by 1999, 2250)

NRS 132.060 Citationdefined. Citation means a document issued bythe clerk of the court, as authorized by statute or ordered by the court,requiring a person to appear, directing a person to act or conduct himself in aspecified way, or notifying a person of a hearing.

(Added to NRS by 1999, 2250)

NRS 132.065 Claimdefined. Claim, in respect to the estate ofa decedent, includes a liability of the decedent, whether arising in contract,in tort or otherwise, that arises before the death of the decedent.

(Added to NRS by 1999, 2250)

NRS 132.070 Codicildefined. Codicil means an addition to a willthat may modify or revoke one or more provisions of the will, or add one ormore provisions to the will, and is signed with the same formalities as awitnessed will, electronic will or holographic will.

(Added to NRS by 1999, 2250; A 2001, 2340)

NRS 132.075 Communityproperty defined. Community property hasthe meaning ascribed to it in NRS 123.220.

(Added to NRS by 1999, 2250)

NRS 132.080 Communityproperty with right of survivorship defined. Communityproperty with right of survivorship means community property in which a rightof survivorship exists pursuant to NRS111.064 or 115.060 or any otherprovision of law.

(Added to NRS by 1999, 2250)

NRS 132.085 Descendantdefined. Descendant includes descendants ofall generations. For the purposes of this section, the relationship of parentand child at each generation is determined by the definitions of child andparent contained in this title.

(Added to NRS by 1999, 2250)

NRS 132.090 Designationof beneficiary defined. Designation of beneficiarymeans a governing instrument naming a beneficiary of an insurance policy orannuity, of an account designated as payable on death, of a security registeredas transferable on death, or of a pension, profit-sharing, retirement orsimilar benefit plan or other nonprobate transfer at death.

(Added to NRS by 1999, 2250)

NRS 132.095 Devisedefined. Devise, used as a noun, means atestamentary disposition of real or personal property and, used as a verb,means to dispose of real or personal property by will.

(Added to NRS by 1999, 2250)

NRS 132.100 Deviseedefined. Devisee means a person designatedin a will to receive a devise. For the purposes of chapters133, 134, 135and 148 of NRS, in the case of a devise to anexisting trust or trustee, or to a trustee of a trust described by will, theterm means the trust or trustee, and not a beneficiary of the trust.

(Added to NRS by 1999, 2250)

NRS 132.105 Disclaimantdefined. Disclaimant means a person whoexecutes a disclaimer. The term includes a beneficiary and his guardian,personal representative, general attorney-in-fact, and special attorney-in-factwith power to disclaim.

(Added to NRS by 1999, 2250)

NRS 132.110 Disclaimerdefined. Disclaimer means a written instrumentthat declines, refuses, renounces or disclaims an interest to which a beneficiarywould otherwise succeed.

(Added to NRS by 1999, 2250)

NRS 132.115 Distributeedefined. Distributee means a person who hasreceived property of a decedent from his personal representative other than asa creditor or purchaser. A testamentary trustee is a distributee only to theextent of distributed assets or increment thereto remaining in his hands. Abeneficiary of a testamentary trust to whom the trustee has distributedproperty received from a personal representative is a distributee of thepersonal representative. As used in this section, testamentary trusteeincludes a trustee to whom assets are transferred by will to the extent of thedevised assets.

(Added to NRS by 1999, 2250)

NRS 132.117 Electronicrecord defined. Electronic record means arecord created, generated or stored by electronic means.

(Added to NRS by 2001, 2340)

NRS 132.118 Electronicsignature defined. Electronic signaturemeans an electronic sound, symbol or process attached to or logicallyassociated with a record and executed or adopted by a person with the intent tosign the record.

(Added to NRS by 2001, 2340)

NRS 132.119 Electronicwill defined. Electronic will means a testamentarydocument that complies with the requirements of NRS 133.085.

(Added to NRS by 2001, 2340)

NRS 132.120 Estatedefined. Estate includes the property of thedecedent or trust whose affairs are subject to this title as it is originallyconstituted and as it exists from time to time during administration.

(Added to NRS by 1999, 2251)

NRS 132.125 Estatetax defined. Estate tax means federalestate tax, including any interest and penalty thereon.

(Added to NRS by 1999, 2251)

NRS 132.130 Executordefined. Executor means a person nominatedin a will and appointed by the court to execute the provisions of the will andadminister the estate of the decedent.

(Added to NRS by 1999, 2251)

NRS 132.135 Expensesof administration defined. Expenses of administrationmeans funeral expenses and expenses actually and properly incurred by apersonal representative in the administration of an estate, plus the fees ofthe personal representative, any attorney retained by him and any otherconsultant engaged by him.

(Added to NRS by 1999, 2251)

NRS 132.140 Familyallowance defined. Family allowance meansthe money allocated from the estate by the court pursuant to NRS 146.030.

(Added to NRS by 1999, 2251)

NRS 132.145 Fiduciarydefined. Fiduciary includes a personal representative,guardian and trustee.

(Added to NRS by 1999, 2251)

NRS 132.150 Giftdefined. Gift means a gratuitous transfer ofproperty to a recipient for less than full market value.

(Added to NRS by 1999, 2251)

NRS 132.155 Governinginstrument defined. Governing instrumentmeans:

1. A deed, will, trust, insurance policy or annuity,designated as payable on death;

2. A security registered as transferable on death;

3. A pension, profit-sharing, retirement or similarbenefit plan;

4. An instrument creating or exercising a power ofappointment or a power of attorney; or

5. A dispositive, appointive or nominative instrumentof any similar type.

(Added to NRS by 1999, 2251)

NRS 132.160 Guardiandefined. Guardian means a person who hasqualified as the guardian of a minor or incapacitated person pursuant totestamentary or judicial appointment, but does not include a guardian ad litem.

(Added to NRS by 1999, 2251)

NRS 132.165 Heirsdefined. Heirs means persons, including thesurviving spouse and the state, who are entitled by intestate succession to theproperty of a decedent.

(Added to NRS by 1999, 2251)

NRS 132.170 Holographicwill defined. Holographic will means atestamentary document that complies with the requirements of NRS 133.090.

(Added to NRS by 1999, 2251)

NRS 132.175 Incapacitatedperson defined. Incapacitated person meansa person who is impaired by reason of mental illness, mental deficiency, advancedage, disease, weakness of mind or any other cause except minority, to theextent of lacking sufficient understanding or capacity to make or communicate responsibledecisions.

(Added to NRS by 1999, 2251)

NRS 132.180 Interestdefined. Interest means:

1. The whole of any property, real or personal, legalor equitable, present or future, or any part thereof, or any other estatetherein;

2. A power to appoint, consume, apply or expendproperty; or

3. Any other right, power, privilege or immunityrelating to property.

(Added to NRS by 1999, 2251)

NRS 132.185 Interestedperson defined. Interested person includesan heir, devisee, child, spouse, creditor, beneficiary and any other personhaving a property right in or claim against a trust estate or the estate of adecedent. The term includes a person having priority for appointment as apersonal representative and other fiduciaries representing interested persons.The meaning as it relates to particular persons must be determined according tothe particular purposes of, and matter involved in, a proceeding.

(Added to NRS by 1999, 2252)

NRS 132.190 Intestatedefined. Intestate, used as a noun, means adecedent who dies without leaving a will.

(Added to NRS by 1999, 2252)

NRS 132.195 Intestateestate defined. Intestate estate includesan estate where no will has been offered or admitted to probate as the lastwill and testament and an estate where the will does not distribute the entireestate.

(Added to NRS by 1999, 2252)

NRS 132.200 Inventorydefined. Inventory means the description ofassets required by NRS 144.040.

(Added to NRS by 1999, 2252)

NRS 132.205 Issuedefined. Issue means children, grandchildrenor more remote lineal descendants.

(Added to NRS by 1999, 2252)

NRS 132.210 Jointtenants with right of survivorship defined. Jointtenants with right of survivorship includes co-owners of property held undercircumstances that entitle one or more to the whole of the property on thedeath of the other or others.

(Added to NRS by 1999, 2252)

NRS 132.215 Leasedefined. Lease includes an oil, gas or othermineral lease.

(Added to NRS by 1999, 2252)

NRS 132.220 Lettersdefined. Letters includes letterstestamentary, letters of administration, letters of administration with willannexed and letters of special administration.

(Added to NRS by 1999, 2252)

NRS 132.225 Liendefined. Lien means a charge upon propertyfor the satisfaction of a debt, including an obligation not satisfied, ajudgment, unpaid taxes and an unpaid obligation for materials or labor.

(Added to NRS by 1999, 2252)

NRS 132.230 Minordefined. Minor means a person who is under18 years of age.

(Added to NRS by 1999, 2252)

NRS 132.235 Mortgagedefined. Mortgage means a conveyance,agreement or arrangement in which property is encumbered or used as security.

(Added to NRS by 1999, 2252)

NRS 132.240 Noticedefined. Notice means information providedpursuant to NRS 155.010 or 155.020 or any other statute requiringadvance information of an opportunity, obligation or the occurrence of anevent.

(Added to NRS by 1999, 2252)

NRS 132.245 Oathdefined. Oath means a form of attestationwhich affirms that the taker will faithfully perform the duties of a specifiedoffice.

(Added to NRS by 1999, 2252)

NRS 132.250 Orderdefined. Order includes a declaration,decree or judgment by a court and is a final judgment for all purposes,including an appeal under NRS 155.190.

(Added to NRS by 1999, 2252)

NRS 132.255 Parentdefined. Parent includes any person entitledto take, or who would be entitled to take if the child died without a will, asa parent by intestate succession from the child whose relationship is inquestion and excludes any person who is a stepparent, foster parent orgrandparent.

(Added to NRS by 1999, 2252)

NRS 132.260 Persondefined. Person includes a natural person,organization, government or a governmental subdivision, agency or instrumentality.

(Added to NRS by 1999, 2252)

NRS 132.265 Personalrepresentative defined. Personalrepresentative includes an executor, an administrator, a successor personal representative,a special administrator and persons who perform substantially the same functionunder the law governing their status.

(Added to NRS by 1999, 2252)

NRS 132.270 Petitiondefined. Petition means a verified written requestto the court for an order.

(Added to NRS by 1999, 2252)

NRS 132.275 Probatedefined. Probate, used as a noun, means alegal proceeding in which the court has jurisdiction to administer, pay out anddistribute the assets of a decedent to the persons entitled to them, includingdevisees, heirs, creditors and others.

(Added to NRS by 1999, 2253)

NRS 132.280 Probatehomestead defined. Probate homestead meansa homestead that can be set apart by the court pursuant to NRS 146.020.

(Added to NRS by 1999, 2253)

NRS 132.285 Propertydefined. Property means anything that may bethe subject of ownership, and includes both real and personal property and anyinterest therein.

(Added to NRS by 1999, 2253)

NRS 132.287 Recorddefined. Record means information that is inscribedon a tangible medium, or that is stored in an electronic medium and is retrievablein perceivable form.

(Added to NRS by 2001, 2340)

NRS 132.290 Rightof representation defined. Right ofrepresentation means the method of distributing property by which, throughinheritance or succession, the descendants of a deceased heir take the sameshare or right in the estate of another person that their parent or otherancestor would have taken if living. A posthumous child is deemed living at thedeath of his parent.

(Added to NRS by 1999, 2253)

NRS 132.295 Securitydefined. Security includes any note, stock,treasury stock, bond, debenture, evidence of indebtedness, certificate ofinterest or participation in an oil, gas or mining title or lease or inpayments out of production under such a title or lease, collateral trustcertificate, transferable share, voting trust certificate or, in general, anyinterest or instrument commonly known as a security, or any certificate ofinterest or participation, any temporary or interim certificate, receipt orcertificate of deposit for, or any warrant or right to subscribe to or purchaseany of the foregoing.

(Added to NRS by 1999, 2253)

NRS 132.300 Separateproperty defined. Separate property has themeaning ascribed to it in NRS 123.130.

(Added to NRS by 1999, 2253)

NRS 132.305 Settlementdefined. Settlement, in reference to theestate of a decedent, includes administration, distribution and closing.

(Added to NRS by 1999, 2253)

NRS 132.310 Settlordefined. Settlor means the person who createsa trust, however described in the trust instrument.

(Added to NRS by 1999, 2253)

NRS 132.315 Specialadministrator defined. Specialadministrator means a personal representative appointed pursuant to chapter 140 of NRS.

(Added to NRS by 1999, 2253)

NRS 132.320 Statedefined. State means a state of the UnitedStates, the District of Columbia, Puerto Rico, the United States VirginIslands, or any territory or insular possession subject to the jurisdiction ofthe United States.

(Added to NRS by 1999, 2253)

NRS 132.325 Successorpersonal representative defined. Successorpersonal representative means a personal representative, other than a specialadministrator, who is appointed to succeed a previously appointed personalrepresentative.

(Added to NRS by 1999, 2253)

NRS 132.330 Successorsdefined. Successors means persons, otherthan creditors, who are entitled to property of a decedent under the terms ofhis will or pursuant to this title.

(Added to NRS by 1999, 2253)

NRS 132.335 Taxdefined. Tax includes an income, property,excise, estate, gift or inheritance tax.

(Added to NRS by 1999, 2253)

NRS 132.340 Testateestate defined. Testate estate means anestate with respect to which a will has been offered and admitted to probate.

(Added to NRS by 1999, 2253)

NRS 132.345 Testatordefined. Testator means a person who makes awill.

(Added to NRS by 1999, 2253)

NRS 132.350 Trustdefined. Trust means an interest in propertyheld by one person for the benefit of another, established by an instrumentexecuted during the life of the settlor or by his will. The term includes anexpress trust, private or charitable, with additions thereto, wherever andhowever created. The term also includes a trust created or determined byjudgment or decree under which the trust is to be administered in the manner ofan express trust.

(Added to NRS by 1999, 2253)

NRS 132.355 Trusteedefined. Trustee includes an original,additional or successor trustee, whether or not appointed or confirmed by acourt.

(Added to NRS by 1999, 2254)

NRS 132.360 Verificationdefined. Verification means a declaration thata statement is true, made under oath or affirmation under penalty of perjuryfor false statement.

(Added to NRS by 1999, 2254)

NRS 132.365 Wardand minor ward defined. Ward means aperson for whom a guardian has been appointed. A minor ward is one for whom aguardian has been appointed solely by reason of minority.

(Added to NRS by 1999, 2254)

NRS 132.370 Willdefined. Will means a formal document thatprovides for the distribution of the property of a decedent upon his death. Theterm includes a codicil and a testamentary instrument that merely appoints anexecutor, revokes or revises another will, nominates a guardian, or expresslyexcludes or limits the right of an individual or class to succeed to propertyof the decedent passing by intestate succession.

(Added to NRS by 1999, 2254)

NRS 132.380 Terms:Writing or written. As used in this title,unless the context otherwise requires, when the term writing or written isused in reference to a will, the term includes an electronic will.

(Added to NRS by 2001, 2340)

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