Title 12

NRS 155.093 Definitions. As used in NRS 155.093 to 155.098, inclusive, unless the context otherwise requires, the words and terms defined in NRS 155.0935 to 155.0965, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2011, 1459; A 2015, 3534)

NRS 155.0935 “Caregiver” defined. “Caregiver” means a person who provides health or social services to a dependent adult for remuneration other than a donative transfer pursuant to this chapter or the reimbursement of expenses. (Added to NRS by 2011, 1459; A 2015, 3534)

NRS 155.0937 “Dependent adult” defined. “Dependent adult” means a person who at the time of executing a transfer instrument pursuant to this chapter is 18 years of age or older and: 1. Is unable, without assistance, to provide properly for his or her personal needs for physical h…

NRS 155.0939 “Health and social services” defined. “Health and social services” means services provided to a dependent adult because of his or her dependent condition, including, without limitation, the administration of medicine, medical testing, wound care, assistance with hygi…

NRS 155.094 “Independent attorney” defined. 1. “Independent attorney” means an attorney, other than an attorney who: (a) Is a transferee described in subsection 2 of NRS 155.097; or (b) Served as an attorney for a person who is described in subsection 2 of NRS 155.097 at the time…

NRS 155.0945 “Related to, affiliated with or subordinate to any person” defined. “Related to, affiliated with or subordinate to any person” includes, without limitation: 1. The person’s spouse; 2. A relative of the person within the third degree of consanguinity; 3. A co-owner of…

NRS 155.0955 “Transfer instrument” defined. “Transfer instrument” means a legal document intended to effectuate a transfer of property for less than fair market value, whether such transfer becomes effective during the life of the transferor or on or after the transferor’s death …

NRS 155.096 “Transferee” defined. “Transferee” means a devisee, a beneficiary of trust, a grantee of a deed, including a grantee of a deed pursuant to NRS 111.655 to 111.699, inclusive, and any other person designated in a transfer instrument to receive a nonprobate transfer or o…

NRS 155.0965 “Transferor” defined. “Transferor” means a testator, settlor, grantor of a deed and a decedent whose interest is transferred pursuant to a nonprobate transfer. (Added to NRS by 2011, 1460)

NRS 155.0967 Jurisdiction over assets of estate or trust of decedent; jurisdiction over certain persons; sanctions. 1. In a proceeding involving the estate of a decedent or a testamentary trust, the court has jurisdiction over the assets of the estate or trust as a proceeding in …

NRS 155.097 Validity; circumstances in which transfer is presumed void; rebuttable presumption; exceptions. 1. Regardless of when a transfer instrument is made, to the extent the court finds that a transfer was the product of fraud, duress or undue influence, the transfer is void…

NRS 155.0975 Exceptions to presumption that certain transfers are void. The presumption established by NRS 155.097 does not apply: 1. To the spouse of the transferor. 2. To a transfer of property which is triggered by the transferor’s death if the transferee is an heir of the tra…

NRS 155.098 Common law. The provisions of NRS 155.097 and 155.0975 do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of NRS 155.097 and 155.0975. (Added to NRS by 2011, 1461) ORDERS

NRS 155.100 Entry of minutes by clerk. The clerk shall enter a minute of all proceedings in matters of estates, as in other actions. [Part 282:107:1941; 1931 NCL § 9882.282]

NRS 155.110 Transcripts of minutes or copies of order and certificate of clerk have same force as letters. 1. A transcript from the minutes of court, or a copy of the signed order of the court, showing the appointment of any person as personal representative, together with the ce…

NRS 155.120 Recordation of order setting apart homestead. If an order is entered setting apart a homestead, a certified copy of the order shall be recorded in the office of the county recorder of the county where the property is located. [292:107:1941; 1931 NCL § 9882.292]—(NRS A…

NRS 155.123 Temporary restraining orders or injunctions issued to protect assets of estate or trust. In accordance with the provisions of NRS 33.010 and the Nevada Rules of Civil Procedure, and upon such terms and conditions as the court deems just and appropriate, the court may …

NRS 155.127 Order nunc pro tunc to correct previous order: Issuance; form; use of original order; manner of correction. 1. If through inadvertence or mistake an order entered fails to state correctly the order made by the court, and the inadvertence or mistake is brought to the a…

NRS 155.130 Proceedings concerning estate are proceedings of record. All proceedings in matters of estate shall be proceedings of record as other actions and proceedings. [Part 307:107:1941; 1931 NCL § 9882.307]

NRS 155.140 General rules: Contents of pleading; effect of certain orders binding persons; notices; appointment of guardian ad litem or attorney; attorney’s fees and costs. 1. In a proceeding involving the estate of a decedent or a testamentary trust: (a) Interests to be affected…

NRS 155.150 Issues of fact and questions of costs. 1. All issues of fact in matters of an estate must be disposed of in the same manner as is by law provided upon the trial of issues of fact in a common-law action, but all matters must be tried by the court except as otherwise pr…

NRS 155.160 Responses and objections to proceedings. 1. An interested person may appear and make a response or objection in writing at or before the hearing. 2. An interested person may appear and make a response or objection orally at the hearing. The court may hear and determin…

NRS 155.165 Finding of vexatious litigant; sanctions; standing of interested party and vexatious litigant under certain circumstances. 1. The court may find that a person, including, without limitation, a personal representative or trustee, is a vexatious litigant if the person f…

NRS 155.170 Civil procedure. Unless otherwise ordered by the court, upon the filing of a proceeding pursuant to this title and service of the notice of hearing to other interested persons, an interested person who has appeared in the proceeding and given notice of his or her appe…

NRS 155.180 Applicability of laws and rules regulating civil actions and appeals. Except as otherwise specially provided in this title, all the provisions of law and the Nevada Rules of Civil Procedure regulating proceedings in civil cases apply in matters of probate, when approp…

NRS 155.185 Facsimile of petitions, notices, objections and other papers may be filed. If a petition, notice, objection, consent, waiver or other paper may be filed, a true and correct facsimile of it may be filed, if the original is filed within a reasonable time. (Added to NRS …

NRS 155.190 Appealable orders. 1. Except as otherwise provided in subsection 2, in addition to any order from which an appeal is expressly permitted by this title, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme C…

NRS 155.195 Effect of appeal of order. Unless otherwise ordered by the court, an appeal pursuant to NRS 155.190 does not stay any order or proceeding in the estate or trust. The court may grant a stay, pending the appeal, of an order from which the appeal was taken, upon such bon…

NRS 155.200 No undertaking on appeal required of personal representative. An appeal by a personal representative who has given an official bond as provided in this title is complete and effectual without an undertaking on appeal. [295:107:1941; 1931 NCL § 9882.295]—(NRS A 1999, 2…

NRS 155.210 Power of appellate court on appeal. 1. Upon an appeal, the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution may reverse, affirm or modify the order appealed from, a…

NRS 155.220 Reversal of order appointing personal representative. If an order appointing a personal representative is reversed on appeal, all lawful acts in administration of the estate performed by the personal representative are as valid as if the order had been affirmed. [Part…

NRS 156.010 Presentment of petition for appointment of trustee; filing; appointment of day for hearing. If any resident of this State, who owns or is entitled to the possession of any real or personal property situate therein, is missing, or the resident’s whereabouts is unknown,…

NRS 156.020 Notice of hearing: Publication by clerk; court may direct further notice. The clerk of the court shall thereupon cause a notice to be published in some daily or weekly newspaper published in the county, at least 10 days prior to such hearing, stating that such petitio…

NRS 156.030 Hearing; appointment of trustee. The court shall hear the evidence offered in support of or in opposition to the petition, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his or her whereabouts unknown, it shall appoi…

NRS 156.040 Who may be appointed trustee. In appointing such trustee, the court shall prefer the spouse of the missing person, or the spouse’s nominee, and, in the absence of a spouse, some relative of the missing person. (Added to NRS by 1959, 505; A 1979, 143)

NRS 156.050 Bond of trustee. Every trustee appointed under NRS 156.010 to 156.110, inclusive, shall give a bond in an amount to be fixed by the court. (Added to NRS by 1959, 505)

NRS 156.060 Trustee’s powers and duties; payments for family expenses or support. 1. The trustee shall take possession of the real and personal estate in this State of such missing person, and collect and receive the rents, income and proceeds thereof, collect all indebtedness ow…

NRS 156.070 Accountings by trustee; removal and appointment of another trustee. The trustee shall, when directed by the court, account to it for all his or her acts as trustee, and the court may, from time to time, upon good cause shown, remove any trustee, and appoint another in…

NRS 156.080 Sale or mortgage of property: Filing of petition by trustee; notice of hearing. 1. The trustee may sell any of the personal property or sell, mortgage or give a deed of trust upon any of the real property of the missing person when the court considers such an action t…

NRS 156.090 Sale or mortgage of property: Hearing; order for sale or mortgage; limitations and procedure. Proof shall be offered at the hearing provided for in NRS 156.080 showing the reasons for making the sale, mortgage or deed of trust. If the court finds that it will be for t…

NRS 156.100 Accounting if missing person returns. If the missing person returns, the court, upon application of such person, or upon its own motion, shall require the trustee to render and file a verified account of the administration of the trust. The provisions of this title re…

NRS 156.110 Settlement of account on return of missing person; order requiring delivery of property. Upon settling the account of the trustee, the court shall order the property of the missing person remaining in the hands of the trustee to be delivered to the owner thereof. (Add…

NRS 156.120 Person deemed missing after 3 years; administration of property; procedure. If any person owning property in this State has been absent from his or her last known place of residence for a continuous period of 3 years, with his or her whereabouts for that period unknow…

NRS 156.130 Jurisdiction of proceedings; residence of absentee; entitlement of proceedings. 1. If such person was a resident of this State at the time of his or her disappearance, the district court of the county in which that residence was located shall have jurisdiction of all …

NRS 156.140 Petition for administration or probate; contents and verification of petition; appointment of day for hearing. 1. If a petition is presented to the court having jurisdiction, as provided in NRS 156.130, by a missing person’s spouse or any of the missing person’s famil…

NRS 156.150 Manner of giving notice of hearing. Notice of hearing the petition for administration of the estate or probate of the will of the missing person shall be given in the manner provided in this title for giving notice of hearing in the administration of estates of deceas…