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- 81st Session (2021)
with the court. (NRS 139.050) Section 15 of this bill requires the requester to
provide his or her current address and telephone number in the written request and
provides that failure to provide such information voids the written request. Existing
law requires a petition for letters of administration to include certain information.
(NRS 139.090) Section 16 of this bill additionally requires such a petition to
include the names and addresses of the proposed appointed administrators and any
associated coadministrator. Existing law also requires notice of the hearing on the
petition to be given to the heirs of the decedent and the Director of the Department
of Health and Human Services. (NRS 139.100) Section 16.5 of this bill additionally
provides that if the petitioner is not the surviving spouse or certain kindred or
nominated by the surviving spouse or such kindred, notice must be given to the
public administrator of the county or a similar person.
Section 18 of this bill establishes the circumstances in which a person is
required to accept or not accept certified letters of administration or letters
testamentary and provides that a person who unlawfully refuses to accept such
certified letters is subject to a court order requiring acceptance of the certified
letters and liability for reasonable attorney’s fees and costs incurred in an action or
proceeding confirming the validity or mandating the acceptance of the certified
letters. Section 18 authorizes a person, after accepting certified letters of
administration or letters testamentary, to subsequently request newly certified
letters after a certain period for the purpose of validating the continued authority of
the personal representative.
Section 19 of this bill authorizes a person holding property of a decedent to
request the presentation of only certain items as a prerequisite to transferring such
property in accordance with a court order providing to whom such property is to be
transferred. Section 19 requires the person to accept and comply with such a court
order not later than 10 days after the presentation of all requested items unless
certain circumstances exist or, if the person does not request the presentation of any
items, not later than 10 days after being presented with such a court order. Section
19 provides that a person who unlawfully refuses to accept and comply with such a
court order is subject to a court order requiring acceptance of the order, liability for
reasonable attorney’s fees and costs incurred in an action or proceeding confirming
the validity of the court order and any damages resulting from the delay.
Existing law establishes provisions concerning the effect of the absence or
disability of a personal representative on acts taken by one or more other personal
representatives when more than one personal representative has been appointed.
(NRS 143.010) Section 20 of this bill provides that if there are two personal
representatives, one of whom has a conflict of interest, the acts of the other
personal representative alone are valid, and if there are more than two personal
representatives, the acts of a majority of the personal representatives are sufficient.
Existing law establishes provisions concerning the continuation of the operation
of a decedent’s business by a personal representative. (NRS 143.050, 143.520)
Sections 21 and 26 of this bill make various changes to such provisions.
Existing law authorizes a court to require a person to post a bond when
obtaining an ex parte order that restrains a personal representative from performing
certain actions, exercising any powers or discharging any duties of the office, or
any other order to secure proper performance of the duties of the office. (NRS
143.165) Section 22 of this bill provides that a public administrator or similar
person must not be required to post a bond for obtaining any such order.
Existing law requires the notice of a hearing on a petition filed by a personal
representative for full or limited authority to administer an estate to be given to
certain persons in certain circumstances. (NRS 143.345) Existing law generally
requires the court to grant the authority requested unless an interested person timely