NRS 143.035
Duty to use reasonable diligence

  • report required if estate not closed within certain times
  • hearing and determinations by court.

1.

A personal representative shall use reasonable diligence in performing the duties of the personal representative and in pursuing the administration of the estate.

2.

In the absence of pending litigation or a contested proceeding involving the estate, a personal representative in charge of an estate that has not been closed shall:

(a)

Within 6 months after the personal representative’s appointment, where no federal estate tax return is required to be filed for the estate; or

(b)

Within 18 months after the personal representative’s appointment, where a federal estate tax return is required to be filed for the estate,
Ê file with the court a report explaining why the estate has not been closed.

3.

Upon receiving the report, the clerk shall set a time and place for a hearing of the report. The personal representative shall send a copy of the report and shall give notice of the hearing, for the period and in the manner provided in NRS 155.010, to:

(a)

Each person whose interest is affected as an heir or devisee; and

(b)

The Department of Health and Human Services, if the Department has filed a claim against the estate.

4.

At the hearing, the court shall determine whether or not the personal representative has used reasonable diligence in the administration of the estate, and if the personal representative has not, the court may:

(a)

Subject to the provisions of NRS 143.037:

(1)

Prescribe the time within which the estate must be closed; or

(2)

Allow the personal representative additional time for closing and order a subsequent report; or

(b)

Revoke the letters of the personal representative, appoint a successor and prescribe a reasonable time within which the successor shall close the estate.

Source: Section 143.035 — Duty to use reasonable diligence; report required if estate not closed within certain times; hearing and determinations by court., https://www.­leg.­state.­nv.­us/NRS/NRS-143.­html#NRS143Sec035.

143.010
Multiple personal representatives: Effect of absence or disability 143.020
Right to possession of decedent’s property. 143.030
Duty to take possession of estate and collect debts 143.035
Duty to use reasonable diligence 143.037
Duty to close estate within 18 months after appointment 143.040
Rights of surviving partner. 143.050
Continuing business of decedent 143.060
Extent of power to sue and be sued. 143.065
Statute of limitations for cause of action of decedent. 143.070
Actions by personal representative for conversion or trespass. 143.080
Actions against personal representative for conversion or trespass. 143.090
Action on bond of former personal representative. 143.100
Action for conversion before letters granted. 143.110
Procedure when conversion alleged: Citation 143.120
Procedure when conversion alleged: Commitment for refusal to appear for examination 143.130
Accounting by person holding assets of estate for personal representative 143.140
Discharging debtor of estate, compromising claims and renewing obligations: Procedure. 143.150
Action to recover fraudulently conveyed property for benefit of creditors. 143.160
Costs 143.165
Ex parte order to restrain personal representative from performing administration, disbursement or distribution of estate: Issuance 143.170
Purchase of property of estate by personal representative. 143.175
Power to make certain investments. 143.180
Power to make loans, advances of credit and other investments insured by Federal Housing Administrator 143.185
Power to invest in farm loan bonds and other obligations issued by federal land banks and banks for cooperatives. 143.187
Power to hold stock in name of nominee 143.188
Power to direct termination of certain electronic or digital accounts or assets. 143.190
Cumulative method of service of process on personal representative 143.200
Actions not to abate on death, disqualification, resignation or removal of personal representative 143.210
Necessary parties to actions.
Last Updated

Jun. 24, 2021

§ 143.035’s source at nv​.us