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
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TRUSTEES OF ESTATES OF PERSONS MISSING 90 DAYS OR MORE
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(Added to NRS by 1959, 504; A
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(Added to NRS by 1959, 505)
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(Added to NRS by 1959, 505)
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(Added to NRS by 1959, 505; A 1979, 143)
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(Added to NRS by 1959, 505)
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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)
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(Added to NRS by 1959, 505)
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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
(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;
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(Added to NRS by 1959, 506)
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(Added to NRS by 1959, 506)
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(Added to NRS by 1959, 506)
ADMINISTRATION OF ESTATES OF PERSONS MISSING 3 YEARS ORMORE
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(Added to NRS by 1959, 506; A 1991, 965)
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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
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
(Added to NRS by 1959, 506; A 1991, 965)
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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;
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(Added to NRS by 1959, 507; A 1969, 95)
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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)
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(Added to NRS by 1959, 507)
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(Added to NRS by 1959, 507; A 1991, 966;
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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;
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(Added to NRS by 1959, 508)
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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;
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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;
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(Added to NRS by 1959, 509; A 1991, 967)
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(Added to NRS by 1959, 509; A 1991, 967;
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(Added to NRS by 1959, 509)
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(Added to NRS by 1959, 509)
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