2005 Nevada Revised Statutes - Chapter 253 — Public Administrators and Guardians
CHAPTER 253 - PUBLIC ADMINISTRATORS ANDGUARDIANS
PUBLIC ADMINISTRATORS
NRS 253.010 Election;term of office; qualifications; certain county officers ex officio publicadministrators.
NRS 253.020 Oathand bond.
NRS 253.025 Deputies:Appointment; oath; recording of appointment; liability of public administrator.
NRS 253.030 Vacancy:Applicable law governing appointment; qualification of appointee.
NRS 253.040 Authorityto administer estates; application for letters of administration; bond.
NRS 253.0403 Administrationof estate in which gross value of decedents property does not exceed $20,000.
NRS 253.0405 Circumstancesunder which public administrator may secure property of deceased.
NRS 253.0407 Authorityand procedure for donation or destruction of certain property of estate.
NRS 253.041 Applicabilityof NRS 253.0415 to
NRS 253.0415 Serviceas guardian or as administrator of estate of intestate decedent.
NRS 253.042 Accessto information.
NRS 253.0425 Administrationof or petition to set aside estate after investigation of gross value.
NRS 253.0435 Facilities;supplies; subordinates, consultants and assistants.
NRS 253.044 Serviceas guardian or administrator in county whose population is less than 100,000.
NRS 253.0445 Accessto information.
NRS 253.0447 Paymentfor expenses incurred in performance of duties.
NRS 253.045 Additionalduties in county whose population is less than 100,000.
NRS 253.050 Compensation.
NRS 253.060 Applicabilityof rules and laws governing other administrators and executors.
NRS 253.070 Officersand other persons to furnish information.
NRS 253.080 Institutionand maintenance of actions.
NRS 253.091 Reportsto and investigations by board of county commissioners.
NRS 253.110 Prohibitionagainst interest in expenditures.
NRS 253.120 Expirationof term: Surrender of books and papers; successor administrator.
PUBLIC GUARDIANS
NRS 253.150 Establishmentof office by county commissioners; appointment or designation; compensation.
NRS 253.160 Bond;oath.
NRS 253.170 Vacancy.
NRS 253.175 Deputies:Appointment; oath; recording of appointment; liability of public guardian;compensation.
NRS 253.180 Subordinates,consultants and assistants.
NRS 253.190 Records.
NRS 253.200 Qualificationsof person for whom public guardian may be appointed; petition for appointment.
NRS 253.210 Powers,duties, rights and responsibilities.
NRS 253.215 Retentionof attorney.
NRS 253.220 Investigationof financial status of person for whom public guardian is requested.
NRS 253.230 Allocationof costs incurred in appointment proceedings and administrative costs.
NRS 253.240 Valueof guardians services allowable as claim against wards estate; deposit ofmoney received by public guardian.
NRS 253.250 Terminationof appointment.
_________
PUBLIC ADMINISTRATORS
NRS
1. Except as otherwise provided in subsection 4,public administrators must be elected by the qualified electors of theirrespective counties.
2. Public administrators must be chosen by theelectors of their respective counties at the general election in 1922 and atthe general election every 4 years thereafter, and shall enter upon the dutiesof their office on the first Monday of January after their election.
3. The public administrator of a county must:
(a) Be a qualified elector of the county;
(b) Be at least 21 years of age on the date he willtake office;
(c) Not have been convicted of a felony for which hiscivil rights have not been restored by a court of competent jurisdiction; and
(d) Not have been found liable in a civil actioninvolving a finding of fraud, misrepresentation, material omission,misappropriation, theft or conversion.
4. The district attorneys of Lander, Lincoln and WhitePine Counties are ex officio public administrators of Lander County, LincolnCounty and White Pine County, respectively. The Clerk of Carson City shallserve as Public Administrator of Carson City.
[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 17:108:1866; A 1921, 96; NCL 4781] + [Part 2:88:1883; BH 2222; C 2373; RL 1616; NCL 2093](NRS A 1969, 1466; 1971, 496; 1987,56; 2003, 2650)
1. Every person elected to fill the office of publicadministrator must qualify as required in this section on or before the firstMonday of January next after his election.
2. Every public administrator shall:
(a) Take the constitutional official oath, which is forthe faithful performance of the duties of his office, and which must be takenand subscribed upon both the certificate of election or appointment and theofficial bond. The oath upon the bond must be recorded with the bond.
(b) Give an official bond in an amount not less than$10,000, as required and fixed by the board of county commissioners of hiscounty by an order entered in the minutes of the board, unless a blanketfidelity bond is furnished by the county. The bond must be conditioned,secured, approved and recorded as the bonds of other county officers are, ormay be required by law to be, and must be so conditioned as to hold theprincipal and sureties liable for any breach thereof made by the publicadministrator while acting or illegally refusing to act in his officialcapacity.
3. The official bond and oath of office of a publicadministrator are in lieu of the bonds and oaths required of privateadministrators. The court may require the public administrator to execute aseparate bond for any estate in the manner prescribed in
4. The board of county commissioners may, uponreasonable cause therefor shown, require a new bond or an additional bond atany time, to be given upon 10 days notice in writing. If the new or additionalbond is not given, the board shall declare the office vacant.
[Part 2:88:1883; BH 2222; C 2373; RL 1616; NCL 2093](NRS A 1979, 289; 1989, 1039)
NRS
1. A public administrator may appoint as many deputiesas he deems necessary to perform fully the duties of his office. A deputy soappointed may perform all duties required of the public administrator and hasthe corresponding powers and responsibilities. Before entering upon thedischarge of his duties each deputy must take and subscribe to theconstitutional oath of office. The appointment of a deputy must not beconstrued to confer upon that deputy policymaking authority for the office ofthe county public administrator or the county by which the deputy is employed.
2. Each appointment must be in writing and recordedwith the oath of office of that deputy in the office of the county recorder.Any revocation or resignation of an appointment must be recorded in the officeof the county recorder.
3. The public administrator is responsible on hisofficial bond for any official malfeasance or nonfeasance of his deputies andmay require a bond for the faithful performance of the official duties of hisdeputies.
(Added to NRS by 1983, 1596; A
NRS
1. The board of county commissioners shall fill avacancy in the office of public administrator by appointment of a personpursuant to NRS 245.170.
2. Any person appointed to the office of publicadministrator shall, within 10 days, qualify in the same manner as if electedthereto.
[Part 2:88:1883; BH 2222; C 2373; RL 1616; NCL 2093] + [Part 49:108:1866; A 1933, 165; 1939, 146; 1931 NCL 4813](NRS A1997, 1292)
NRS
1. Public administrators may administer on the estatesof any deceased persons in any cases where by law they are entitled toadminister by virtue of their office. Except as otherwise provided in
2. In counties whose population is 100,000 or more,the public administrator shall execute a bond to the State of Nevada in theamount of $100,000, conditioned that the public administrator will faithfullyexecute the duties of the trust according to law.
3. In counties whose population is less than 100,000,the official bond given pursuant to NRS253.020 may secure the faithful execution of the public administratorsduties for all estates for which he has been issued letters of administration,and all estates administered pursuant to NRS253.0403, if the aggregate value of all the estates does not exceed theamount of his bond.
[13:88:1883; A 1921, 9; NCL 2103](NRS A 1971, 829;1983, 678; 1989, 1039; 1991, 196;
NRS
1. When the gross value of a decedents propertysituated in this State does not exceed $20,000, a public administrator may,without procuring letters of administration, administer the estate of thatperson upon filing with the court an affidavit of his right to do so.
2. The affidavit must provide:
(a) The public administrators name and address, andhis attestation that he is entitled by law to administer the estate;
(b) The decedents place of residence at the time ofhis death;
(c) That the gross value of the decedents property inthis State does not exceed $20,000;
(d) That at least 40 days have elapsed since the deathof the decedent;
(e) That no application or petition for the appointmentof a personal representative is pending or has been granted in this State;
(f) A description of the personal property of thedecedent;
(g) Whether there are any heirs or next of kin known tothe affiant, and if known, the name and address of each such person;
(h) If heirs or next of kin are known to the affiant, adescription of the method of service he used to provide to each of them noticeof the affidavit and that at least 10 days have elapsed since the notice wasprovided;
(i) That all debts of the decedent, including funeraland burial expenses, have been paid or provided for; and
(j) The name of each person to whom the affiant intendsto distribute the decedents property.
3. Before filing the affidavit with the court, thepublic administrator shall take reasonable steps to ascertain whether any ofthe decedents heirs or next of kin exist. If the administrator determines thatheirs or next of kin exist, he shall serve each of them with a copy of theaffidavit. Service must be made personally or by certified mail.
4. If the affiant:
(a) Submits an affidavit which does not meet therequirements of subsection 2 or which contains statements which are notentirely true, any money or property he receives or distributes is subject toall debts of the decedent, based on the priority for payment of debts andcharges specified in NRS 147.195.
(b) Fails to give notice to heirs or next of kin asrequired by subsection 3, any money or property he holds or distributes toothers shall be deemed to be held in trust for those heirs and next of kin whodid not receive notice and have an interest in the property.
5. A person who receives an affidavit containing theinformation required by subsection 2 is entitled to rely upon such information,and if he relies in good faith, he is immune from civil liability for actionsbased on that reliance.
6. Upon receiving proof of the death of the decedent,an affidavit containing the information required by this section and thewritten approval of the public administrator to do so:
(a) A transfer agent of any security shall change theregistered ownership of the security claimed from the decedent to the personclaiming to succeed to ownership of that security.
(b) A governmental agency required to issuecertificates of title, ownership or registration to personal property shallissue a new certificate of title, ownership or registration to the personclaiming to succeed to ownership of the property.
(Added to NRS by 1991, 195; A
NRS
1. There are no relatives of the deceased who are ableto protect the property; and
2. Failure to do so could endanger the property.
(Added to NRS by 1983, 1597; A 1991, 197;
NRS
1. Except as otherwise provided in subsection 2, apublic administrator, with regard to the personal property of the estate of award or a decedent, may donate property that has a value of less than $250 to anonprofit organization, or destroy property that has a value of less than $100,if:
(a) The property, if that of a ward, is not necessaryfor the care or comfort of the ward; and
(b) A notice of intent to donate or destroy theproperty is:
(1) Mailed by certified mail to the wards ordecedents next of kin at his last known home address; or
(2) Personally delivered to him,
and thatperson fails to claim the property within 15 days.
2. A public administrator may authorize the immediatedestruction of the property of a ward or decedent, without giving notice to thenext of kin, if:
(a) The administrator determines that the property hasbeen contaminated by vermin or biological or chemical agents;
(b) The expenses related to the decontamination of theproperty cause salvage to be impractical;
(c) The property constitutes an immediate threat topublic health or safety;
(d) The handling, transfer or storage of the propertymay endanger public health or safety or exacerbate contamination; and
(e) The value of the property is less than $100 or, ifthe value of the property is $100 or more, a state or local health officer hasendorsed the destruction of the property.
(Added to NRS by 1991, 12; A
NRS
(Added to NRS by 1979, 991; A 1979, 991; 1987, 115)
NRS
1. The public administrator shall:
(a) Investigate:
(1) The financial status of any proposed wardfor whom he has been requested to serve as guardian to determine whether he iseligible to serve in that capacity.
(2) The financial status of any decedent forwhom he has been requested to serve as administrator to determine the assetsand liabilities of the estate.
(3) Whether there is any qualified person who iswilling and able to serve as guardian for a ward or administrator of the estateof an intestate decedent to determine whether he is eligible to serve in thatcapacity.
(b) Petition the court for appointment as guardian ofthe person and estate of any ward if, after investigation, the publicadministrator finds that he is eligible to serve. Except as otherwise providedin subsection 2, this petition for appointment as guardian must be made by thepublic administrator regardless of the amount of assets in the guardianshipestate if no other qualified person having a prior right is willing and able toserve.
(c) Except as otherwise provided in
(d) Upon court order, act as:
(1) Guardian of the person and estate of anadult ward; or
(2) Administrator of the estate of a persondying intestate,
regardlessof the amount of assets in the estate of the ward or decedent if no otherqualified person is willing and able to serve.
2. The public administrator is not eligible to serveas a guardian of the person and estate of a ward if the board of countycommissioners of his county has established the office of public guardianpursuant to NRS 253.150, unless theboard has designated the public administrator as ex officio public guardian.
(Added to NRS by 1979, 991; A 1989, 1040; 1991, 197;
NRS
1. Require any proposed ward or any spouse, parent,child or other kindred of the proposed ward to give any information and toexecute any written requests or authorizations necessary to provide the publicadministrator with access to records, otherwise confidential, needed toevaluate the public administrators eligibility to serve.
2. Obtain information from the public records in anyoffice of the State or any of its agencies or subdivisions upon request andwithout payment of any fee.
(Added to NRS by 1979, 991)
NRS
1. If the public administrator finds that there is noqualified person willing and able to administer the estate of a particulardecedent, he shall investigate further to estimate its gross value.
2. If the estate appears to have a gross value of$50,000 or less, he shall:
(a) Assist a proper person to petition to have it setaside without administration or directly receive the assets from a custodian,as the facts may warrant;
(b) Himself petition to have the estate set asidewithout administration and properly distributed; or
(c) Administer the estate pursuant to
3. If the estate appears to have a gross value of morethan $50,000:
(a) He shall proceed with summary or fulladministration as the value of the estate requires.
(b) He may retain an attorney to assist him, rotatingthis employment in successive estates among the attorneys practicing in thecounty who are qualified by experience and willing to serve. The attorneys feeis a charge upon the estate.
(Added to NRS by 1979, 992; A 1989, 1040; 1991, 197;
NRS
1. Be provided with sufficient facilities and suppliesfor the proper performance of his duties.
2. Employ subordinates necessary for the properperformance of his duties.
3. Contract for the services of consultants orassistants.
4. Consult with the district attorney in mattersrelating to the performance of his duties.
(Added to NRS by 1979, 992)
NRS
1. Investigate:
(a) The financial status of any proposed ward for whoma request to serve as guardian has been received to determine whether there isa need for a guardian to be appointed and whether the public administrator orother suitable person designated by the board is able and eligible to serve inthat capacity.
(b) Whether there is any qualified person who iswilling and able to serve as guardian for a ward or administrator of the estateof an intestate decedent, and to determine whether there is a need for aguardian or an administrator and whether the public administrator or othersuitable person designated by the board is eligible to serve in that capacity.
2. Petition the court for appointment as guardian ofthe person or as guardian of the person and estate of any ward if, afterinvestigation, the public administrator or other suitable person designated bythe board finds that there is a need for such an appointment and that he isable and eligible to serve. If no other qualified person having a prior rightis willing and able to serve, the public administrator or other suitable persondesignated by the board shall petition for appointment as guardian regardlessof the amount of assets in the estate of the proposed ward.
3. Petition the court for letters of administration ofthe estate of a person dying intestate if, after investigation, the publicadministrator or other suitable person designated by the board finds that thereis no other qualified person having a prior right who is willing and able toserve.
4. File an affidavit pursuant to
5. Act, upon order of a court, as:
(a) Guardian of the person and estate of an adult ward;or
(b) Administrator of the estate of a person dyingintestate,
regardlessof the amount of assets in the estate of the ward or decedent if no otherqualified person is willing and able to serve.
(Added to NRS by 1987, 1378; A 1991, 198;
NRS
1. Require any proposed ward or any spouse, parent,child or other kindred of the proposed ward to give any information and toexecute any written requests or authorizations necessary to provide the publicadministrator or other suitable person designated by the board with access torecords, otherwise confidential, needed to evaluate the public administratorsor other suitable persons eligibility to serve.
2. Obtain information from the public records in anyoffice of the State or any of its agencies or subdivisions upon request andwithout payment of any fee.
(Added to NRS by 1987, 1379)
NRS
(Added to NRS by 1987, 1379)
NRS
1. Obtain all information concerning deceased personsand their estates which is required to be given to him by:
(a) The county health officer;
(b) The sheriff or any constable; or
(c) Any other public officers.
2. Contact the next of kin of any deceased personlisted in the report filed by the county health officer concerning theadministration of that persons estate.
(Added to NRS by 1971, 507; A 1979, 524)
1. For the administration of the estates of deceasedpersons, public administrators are entitled to be paid as other administratorsor executors are paid, subject to the provisions of
2. The district attorneys of Lander, Lincoln and WhitePine counties as ex officio public administrators and the clerk of Carson Cityserving as public administrator of Carson City may retain all fees provided bylaw received by them as public administrators.
3. The public administrator is entitled tocompensation from the estate or from beneficiaries for the reasonable value ofhis services performed in preserving the property of an estate of a deceasedperson before the appointment of an administrator. Compensation must be set bythe board of county commissioners.
[Part 3:88:1883; BH 2223; C 2374; RL 1617; NCL 2094](NRS A 1967, 1057; 1969, 1466; 1973, 8; 1979, 994; 1987, 56, 115, 117;1989, 1041)
NRS
[9:88:1883; BH 2229; C 2380; RL 1623; NCL 2100]
NRS
[Part 8:88:1883; BH 2228; C 2379; RL 1622; NCL 2099]
NRS
[Part 8:88:1883; BH 2228; C 2379; RL 1622; NCL 2099]
NRS
1. The board of county commissioners shall:
(a) Establish regulations for the form of any reportsmade by the public administrator.
(b) Review reports submitted to the board by the publicadministrator.
(c) Investigate any complaint received by the boardagainst the public administrator.
2. The board of county commissioners may at any timeinvestigate any guardianship or estate for which the public administrator isserving as guardian or administrator.
(Added to NRS by 1979, 992)
NRS
1. Interested in any expenditures of any kind, made onaccount of any estate of a deceased person which he is administering, except asnecessarily made in the course of the administration.
2. Associated in business with anyone so interested.
[6:88:1883; BH 2226; C 2377; RL 1620; NCL 2097](NRS A 1987, 109)
NRS
[14:88:1883; A 1921, 149; NCL 2104]
PUBLIC GUARDIANS
NRS
1. The board of county commissioners of any county mayestablish the office of public guardian.
2. The board of county commissioners may:
(a) Appoint a public guardian, who serves at thepleasure of the board, for a term of 4 years from the day of appointment; or
(b) Designate an elected or appointed county officer asex officio public guardian.
3. The compensation of a public guardian appointed ordesignated pursuant to subsection 2 must be fixed by the board of countycommissioners and paid out of the county general fund.
(Added to NRS by 1977, 486; A 1989, 1041;
1. Upon taking office, a public guardian shall filewith the county clerk a general bond in an amount fixed by the board of countycommissioners payable to the State of Nevada with sureties approved by theboard of county commissioners. The premium for the bond shall be paid from thegeneral funds of the county and be conditioned upon the public guardiansfaithful performance of his duties.
2. The general bond and oath of office of a publicguardian are in lieu of the bonds and oaths required of private guardians.
3. The oath and bond of an elected or appointed publicofficer designated ex officio public guardian pursuant to subsection 2 of
(Added to NRS by 1977, 486; A 1989, 1041)
1. If a vacancy occurs in the office of publicguardian before the expiration of a normal term, the vacancy shall be filledpromptly by the board of county commissioners.
2. The board of county commissioners may designate anyqualified person to serve as acting public guardian until a vacancy in suchoffice is filled.
(Added to NRS by 1977, 486; A
NRS
1. A public guardian may appoint deputies to performthe duties of his office. A deputy so appointed may transact all officialbusiness relating to the office of the public guardian to the same extent asthe public guardian, except that the deputy is not authorized to employ orterminate the employment of subordinates in the office. Before entering uponthe discharge of his duties, each deputy must take and subscribe to theconstitutional oath of office. The appointment of a deputy must not beconstrued to confer upon that deputy policymaking authority for the office ofthe county public guardian or the county by which the deputy is employed.
2. Each appointment must be in writing and recorded,with the oath of office of that deputy, in the office of the county recorder. Anyrevocation or resignation of an appointment must be recorded in the office ofthe county recorder.
3. The public guardian is responsible on his officialbond for any official malfeasance or nonfeasance of his deputies and mayrequire a bond for the faithful performance of the official duties of hisdeputies.
4. The compensation of a deputy public guardian mustbe fixed by the board of county commissioners and paid out of the countygeneral fund.
(Added to NRS by
NRS
1. Employ such subordinates, including, withoutlimitation, deputies appointed pursuant to NRS253.175, as authorized by the board of county commissioners and as necessaryfor the proper performance of his duties.
2. Contract for the services of consultants orassistants.
(Added to NRS by 1977, 486; A
NRS
(Added to NRS by 1977, 487)
NRS
1. A resident of Nevada is eligible to have the publicguardian appointed as his individual guardian if he:
(a) Has no relative or friend able and willing to serveas his guardian; or
(b) Lacks sufficient assets to provide the requisitecompensation to a private guardian.
2. A person so qualified, or anyone on his behalf, maypetition the district court of the county in which he resides to make theappointment.
(Added to NRS by 1977, 487; A
NRS
1. A person appointed as public guardian or designatedas acting public guardian succeeds immediately to all powers and duties of theindividual guardianships created by appointments of the public guardian asguardian for particular wards.
2. In the administration of any guardianship to whichthe public guardian is appointed pursuant to subsection 1, the public guardianhas all powers, duties, rights and responsibilities contained in titles 12 and13 of NRS.
(Added to NRS by 1977, 487; A 1979, 994)
NRS
(Added to NRS by 1983, 1597)
NRS
(Added to NRS by 1977, 487)
NRS
1. Except as otherwise provided in
2. The financial ability of the ward to pay such costsshall be measured according to his ability to compensate a private guardian.This ability depends upon:
(a) The nature, extent and liquidity of the wardsassets;
(b) His disposable net income;
(c) The nature of the guardianship;
(d) The type, duration and complexity of the servicesrequired; and
(e) Any other foreseeable expenses.
(Added to NRS by 1977, 487; A 1983, 1597)
NRS
(Added to NRS by 1977, 487)
NRS
(Added to NRS by 1977, 487)
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