Title 14 — Trusts, Estates and Protective Proceedings

A. All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed. B. If the estate either in this state or as a whole is insufficient to cover all family exem…

The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of…

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by allowanc…

A. Except as provided in subsection B, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: 1. Property not disposed of by the will. 2. Residuary devises. 3. General devises. 4. Specific devises. For purpo…

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest, but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery …

Unless a contrary intention is indicated by the will, general pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment.

A. Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions: 1. A specific devisee is entitled to distribution of the thing devised to …

A. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the property. B. The names and addresses of each distri…

Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against …

Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property or money improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its i…

If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transf…

When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court before the formal or informal closing of the estate, t…

Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy, in any way that they provide in a writte…

A. Before distributing to a trustee, the personal representative may require that the trustee inform the beneficiaries as provided in section 14-10813, subsection B, paragraph 3, and if the state in which it is to be administered provides for registration, that the trust be regis…

A. If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, otherwise in cash to the department of revenue for deposit, pursuant to sections 35-146 and 35-147, in the permanent school…

A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this title or otherwise to give a valid receipt and discharge for the distribution.

In making a division or distribution of community property held in the decedent's estate, the personal representative may consider community property held outside the estate so that the division of community property held in the estate and outside the estate is based on equal val…

A. A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal re…

A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may…

A. Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than four months after the date of original appointment of a general pe…

After assets of an estate have been distributed and subject to section 14-3936, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, allowance in l…

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims against the personal representative for breach of fiduciary duty have not otherwise been barred are barred unless a proceeding to asser…

A. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant, other than a creditor of the decedent, to recover from a distributee who is liable to pay the claim,…

After his appointment has terminated, the personal representative, his sureties or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive…

If other property of the estate is discovered after an estate has been settled and the personal representative has been discharged or after one year after a closing statement has been filed, the registrar, if the original application was or could have been brought under article 3…

A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity or effect of any probated will, the rights or interests in the estate of the decedent, of any successor, or the administra…

The procedure for securing court approval of a compromise is as follows: 1. The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having clai…

A. At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing, not in excess of $5,000, on being presented an affidavit made by or on be…

A. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of t…

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable an…

A. Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of section 14-3973 by filing with the court, at any time after disb…

In this chapter, unless the context otherwise requires: 1. "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 3. 2. "Local personal representative" includes any personal represe…

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action…

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.

Payment or delivery under section 14-4201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not…

If local administration, application or petition is not pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located certified copies of the appointment and of any offic…

A domiciliary foreign personal representative who has complied with section 14-4204 may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident part…

The power of a domiciliary foreign personal representative under section 14-4201 or section 14-4205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates th…

In respect to a nonresident decedent, the provisions of chapter 3 of this title govern both: 1. Proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concern…

A. A foreign personal representative submits personally to the jurisdiction of the courts of this state, in any proceeding relating to the estate, by any of the following: 1. Filing certified copies of appointment as provided in section 14-4204. 2. Receiving payment of money or t…

In addition to jurisdiction conferred by section 14-4301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.

A. Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registere…

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.

In this title, unless the context otherwise requires: 1. "Contact" includes in-person contact, written communication and all forms of electronic communications. 2. "Contact order" means an order allowing contact between a ward and a person with a significant relationship to the w…

A. The court has jurisdiction over protective proceedings and guardianship proceedings. B. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

A. Any person under a duty to pay or deliver money or personal property to a minor, including monies related to the settlement of a civil claim, may perform this duty, in amounts not exceeding ten thousand dollars per annum, by paying or delivering the money or property to any of…

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to conse…

Guardians coming into the possession or control of funds or other property of persons under disability may be required by the court to furnish a bond in an amount and under the conditions set forth for conservators in section 14-5411 and 14-5412.

A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information: 1. Whether or not the proposed appointee has be…

A. A military member who is a parent or guardian of a minor child or ward may delegate to another person, for a period not to exceed one year, any powers the parent or guardian have regarding care, custody or property of the minor child or ward, except the power to consent to mar…