2005 Nevada Revised Statutes - Chapter 139 — Appointment of Administrators

CHAPTER 139 - APPOINTMENT OF ADMINISTRATORS

COMPETENCY AND PRIORITY

NRS 139.010 Qualifications.

NRS 139.030 Survivingpartner.

NRS 139.040 Orderof priority for right to appointment; priority of nominee.

NRS 139.050 Nomination.

NRS 139.060 Relativesof whole blood preferred to those of half blood.

NRS 139.070 Discretionof the court.

NRS 139.080 Failureto claim letters.

PETITION FOR LETTERS OF ADMINISTRATION

NRS 139.090 Contentsof petition; effect of defect.

NRS 139.100 Clerkto set petition for hearing; notice of hearing.

NRS 139.110 Rightof contest: Filing of counterpetition; notice and hearing.

NRS 139.120 Factsto be proved.

NRS 139.130 Entryin minutes or written order conclusive evidence of notice.

REVOCATION OF LETTERS OF ADMINISTRATION

NRS 139.140 Rightof person with priority to petition for revocation and reissuance of letters.

NRS 139.150 Procedure.

NRS 139.160 Assertionof prior right.

NRS 139.170 Discretionof court.

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COMPETENCY AND PRIORITY

NRS 139.010 Qualifications. No person is entitled to letters of administration who:

1. Is under the age of majority;

2. Has been convicted of a felony relating to theposition of an administrator;

3. Upon proof, is adjudged by the court disqualified byreason of conflict of interest, drunkenness, improvidence, or lack of integrityor understanding; or

4. Is not a resident of the State of Nevada and whodoes not associate as coadministrator a resident of the State of Nevada orwhich, in the case of a banking corporation, is not authorized to do businessin this State and does not associate as coadministrator a resident of the Stateof Nevada or a banking corporation authorized to do business in this State.

[53:107:1941; 1931 NCL 9882.53](NRS A 1960, 347;1969, 1199; 1999,2272; 2001, 2344;2003, 2691)

NRS 139.030 Survivingpartner. The surviving partner of a decedentmust not be appointed administrator of the estate if any interested personobjects to the appointment.

[52:107:1941; 1931 NCL 9882.52](NRS A 1999, 2273)

NRS 139.040 Orderof priority for right to appointment; priority of nominee.

1. Administration of the intestate estate of adecedent must be granted to one or more of the persons mentioned in thissection, and they are respectively entitled to priority for appointment in thefollowing order:

(a) The surviving spouse.

(b) The children.

(c) The father or the mother.

(d) The brother or the sister.

(e) The grandchildren.

(f) Any other of the kindred entitled to share in thedistribution of the estate.

(g) The public administrator.

(h) Creditors who have become such during the lifetimeof the decedent.

(i) Any of the kindred not above enumerated, within thefourth degree of consanguinity.

(j) Any person or persons legally qualified.

2. A person in each of the foregoing classes isentitled:

(a) To appointment, if the person is:

(1) A resident of the State of Nevada orassociates as coadministrator a resident of the State of Nevada; or

(2) A banking corporation which is authorized todo business in this State or which associates as coadministrator a resident ofthe State of Nevada or a banking corporation authorized to do business in thisState.

(b) To nominate a resident of the State of Nevada or aqualified banking corporation for appointment, whether or not the nominator isa resident of the State of Nevada or a qualified banking corporation. Thenominee has the same priority as the nominator. That priority is independent ofthe residence or corporate qualification of the nominator.

3. If any heir who is otherwise entitled toappointment is a minor or an incompetent person for whom a guardian has beenappointed, the court may appoint the guardian of the minor or incompetentperson as administrator.

[49:107:1941; A 1945, 175; 1949, 13; 1943 NCL 9882.49](NRS A 1967, 1057; 1969, 1199; 1975, 1768; 1999, 2273; 2001, 2344)

NRS 139.050 Nomination. Administration may be granted upon petition to one or morequalified persons, although not otherwise entitled to serve, at the writtenrequest of the person entitled, filed in the court.

[61:107:1941; 1931 NCL 9882.61](NRS A 1960, 347; 1999, 2273)

NRS 139.060 Relativesof whole blood preferred to those of half blood. Whenthere shall be several persons claiming and equally entitled to the administration,relatives of the whole blood are preferred to those of the half blood.

[50:107:1941; 1931 NCL 9882.50](NRS A 1973, 634)

NRS 139.070 Discretionof the court. When there are several personsequally entitled to the administration, the court may, in its discretion, grantletters to one or more of them.

[51:107:1941; 1931 NCL 9882.51]

NRS 139.080 Failureto claim letters. Letters of administrationmay be granted to any petitioner, even if it appears that there are otherpersons having priority for appointment, if the latter fail to appear and claimthe issuance of letters to themselves after receiving due notice of theproceeding.

[60:107:1941; 1931 NCL 9882.60](NRS A 1999, 2273)

PETITION FOR LETTERS OF ADMINISTRATION

NRS 139.090 Contentsof petition; effect of defect.

1. A petition for letters of administration must be inwriting, signed by the petitioner or the attorney for the petitioner and filedwith the clerk of the court, and must state:

(a) The jurisdictional facts;

(b) The names and addresses of the heirs of thedecedent and their relationship to the decedent, so far as known to thepetitioner, and the age of any who is a minor;

(c) The character and estimated value of the propertyof the estate; and

(d) That the person to be appointed as administratorhas never been convicted of a felony.

2. No defect of form or in the statement ofjurisdictional facts actually existing voids an order appointing anadministrator or any of the subsequent proceedings.

[55:107:1941; 1931 NCL 9882.55](NRS A 1985, 2036;1995, 2770; 1999,2274)

NRS 139.100 Clerkto set petition for hearing; notice of hearing. Theclerk shall set the petition for hearing, and notice must be given to the heirsof the decedent and to the Director of the Department of Health and HumanServices as provided in NRS 155.020. Thenotice must state the filing of the petition, the object and the time forhearing.

[56:107:1941; 1931 NCL 9882.56](NRS A 1975, 1768;1995, 2572; 1999,2274; 2003, 880)

NRS 139.110 Rightof contest: Filing of counterpetition; notice and hearing. An interested person may contest the petition by filing awritten opposition on the ground that the petitioner is not qualified or mayassert the contestants own right to the administration and request thatletters be issued to the contestant. In the latter case, the contestant mustfile a petition and give the notice required for the original petition, and thecourt must hear the two petitions together.

[57:107:1941; 1931 NCL 9882.57](NRS A 1999, 2274)

NRS 139.120 Factsto be proved. Before letters are granted, thefact of death and that the decedent died intestate, and that notice has beengiven as required in this chapter, must be proved by the evidence of thepetitioner or others. The court may also examine the petitioner or any otherperson concerning the time, place and manner of death, the place of thedecedents residence at the time of death, the character and value of hisproperty, and whether or not the decedent left a will, and the court may compelany person to attend as a witness for that purpose.

[58:107:1941; 1931 NCL 9882.58](NRS A 1999, 2274)

NRS 139.130 Entryin minutes or written order conclusive evidence of notice. An entry in the minutes or in the written order appointingthe administrator that proof was made and that notice had been given accordingto law is conclusive evidence of the fact of such notice.

[59:107:1941; 1931 NCL 9882.59](NRS A 1999, 2274)

REVOCATION OF LETTERS OF ADMINISTRATION

NRS 139.140 Rightof person with priority to petition for revocation and reissuance of letters. When letters of administration have been granted to any personother than the surviving spouse or the spouses nominee, or the child, father,mother, brother or sister of the decedent, any one of them, if otherwisequalified, may obtain the revocation of the letters by presenting to the courta petition requesting the revocation, and that letters of administration beissued to the petitioner.

[62:107:1941; 1931 NCL 9882.62](NRS A 1999, 2274)

NRS 139.150 Procedure.

1. If a petition for revocation is filed, notice mustbe given as in the case of an original petition, and the petitioner shall servea citation on the administrator to appear and answer the petition at the timeappointed for the hearing. The citation must be served on the administrator inaccordance with NRS 155.050 at least 10days before the date of the hearing.

2. At the time appointed, upon proof that thecitation, together with a copy of the petition, has been duly served and noticegiven as required in subsection 1, the court shall take evidence upon thepetition, and if the right of the petitioner is established, and he isqualified, letters of administration must be granted to him and the letters ofthe former administrator revoked. The former administrator shall promptly filean accounting in accordance with NRS 150.080.

[63:107:1941; 1931 NCL 9882.63](NRS A 1999, 2275)

NRS 139.160 Assertionof prior right. The surviving spouse, ornominee of the surviving spouse, when letters of administration have beengranted to a child, parent, brother or sister of the decedent, or any of thoserelatives, when letters have been granted to any other of them, may assert theprior right of the spouse or nominee, and obtain letters of administration, andhave the previous letters revoked in the manner prescribed in NRS 139.150.

[64:107:1941; 1931 NCL 9882.64](NRS A 1999, 2275)

NRS 139.170 Discretionof court. The court may refuse to grantletters of administration as provided in this chapter to any person or to thenominee of any person who had actual notice of the first petition and anopportunity to contest it.

[65:107:1941; 1931 NCL 9882.65](NRS A 1999, 2275)