Title 3

NRS 39.560 Master to return evidences of authority with master’s report. The master shall return with the report required by NRS 39.140 the evidences of authority presented to the master by persons other than the parties mentioned in the order of the court by which they claim the…

NRS 39.570 Expenses of master and others apportioned among parties. The expenses of the master and those of a surveyor and the surveyor’s assistant, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the m…

NRS 39.600 Short title. NRS 39.600 to 39.705, inclusive, may be cited as the Uniform Partition of Heirs Property Act. (Added to NRS by 2011, 309)

NRS 39.605 Definitions. As used in NRS 39.600 to 39.705, inclusive, unless the context otherwise requires, the words and terms defined in NRS 39.610 to 39.650, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2011, 310)

NRS 39.610 “Ascendant” defined. “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (Added to NRS by 2011, 310)

NRS 39.615 “Collateral” defined. “Collateral” means an individual who is related to another individual under the law of intestate succession of this State but who is not the other individual’s ascendant or descendant. (Added to NRS by 2011, 310)

NRS 39.620 “Descendant” defined. “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual. (Added to NRS by 2011, 310)

NRS 39.625 “Determination of value” defined. “Determination of value” means an order of a court determining the fair market value of heirs property under NRS 39.670 or 39.690 or adopting the valuation of the property agreed to by all cotenants. (Added to NRS by 2011, 310)

NRS 39.630 “Heirs property” defined. “Heirs property” means real property held in tenancy in common which satisfies all the following requirements as of the filing of a partition action: 1. There is no agreement in a record binding all the cotenants which governs the partition of…

NRS 39.635 “Partition by sale” defined. “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids or open-market sale conducted under NRS 39.690. (Added to NRS by 2011, 310)

NRS 39.640 “Partition in kind” defined. “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels. (Added to NRS by 2011, 310)

NRS 39.645 “Record” defined. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2011, 310)

NRS 39.650 “Relative” defined. “Relative” means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this State other than NRS 39.600 to 39.705, inclusive. (Added to NRS by 2011, 310)

NRS 39.655 Applicability; relation to other law. 1. In an action to partition real property under NRS 39.010 to 39.490, inclusive, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be p…

NRS 39.660 Manner of service; notice by posting. 1. NRS 39.600 to 39.705, inclusive, do not limit or affect the method by which service of a summons and complaint in a partition action may be made. 2. If the plaintiff in a partition action seeks to provide notice by publication p…

NRS 39.665 Masters appointed by court. If the court appoints a master pursuant to the provisions of NRS 39.010 to 39.490, inclusive, each master, in addition to the requirements and disqualifications applicable to masters in NRS 39.010 to 39.490, inclusive, must be disinterested,…

NRS 39.670 Determination of value. 1. Except as otherwise provided in subsections 2 and 3, if the court determines that the property which is the subject of the partition action is heirs property, the court shall determine the fair market value of the property by ordering an appr…

NRS 39.675 Cotenant buyout. 1. If any cotenant requested partition by sale, after the determination of value under NRS 39.670, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy the interest of any cotenant that…

NRS 39.680 Partition alternatives. 1. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to NRS 39.675 or if, after conclusion of the buyout under NRS 39.675, a cotenant remains that has requested partition in kind…

NRS 39.685 Considerations for partition in kind. 1. In determining under subsection 1 of NRS 39.680 whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (a) Whether the heirs property practicably may be div…

NRS 39.690 Open-market sale; sale by sealed bids or auction. 1. If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of t…

NRS 39.695 Report of open-market sale. 1. Unless required to do so within a shorter time by NRS 39.010 to 39.490, inclusive, a broker appointed under subsection 2 of NRS 39.690 to offer heirs property for open-market sale shall file a report not later than 7 days after receiving …

NRS 39.700 Applying and construing Uniform Act to promote uniformity. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NRS by 2011, 315)

NRS 39.705 Relation to Electronic Signatures in Global and National Commerce Act. NRS 39.600 to 39.705, inclusive, modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede s…