Nev. Rev. Stat. § 143.352

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 143.352 - Acceptance of or refusal to accept letters of administration or letters testamentary

1. Except as otherwise provided in subsection 2:

(a) A person shall either accept letters of administration or letters testamentary that have been certified within 60 days after presentation of the certified letters of administration or letters testamentary for acceptance, or request a translation or an opinion of counsel, not later than 10 days after such presentation;

(b) If a person requests a translation or an opinion of counsel, the person shall accept the certified letters of administration or letters testamentary not later than 5 days after receipt of the translation or opinion of counsel; and

(c) A person may not require an additional or different form of certified letters of administration or letters testamentary for authority granted in the letters presented.

2. A person is not required to accept certified letters of administration or letters testamentary if:

(a) The person is not otherwise required to engage in a transaction with the personal representative in the same circumstances;

(b) Engaging in a transaction with the personal representative in the same circumstances would be inconsistent with federal law;

(c) The person has actual knowledge of the termination of the personal representative's authority before the exercise of authority; or

(d) A request for a translation or an opinion of counsel is refused.

3. A person who refuses to accept certified letters of administration or letters testamentary in violation of this section is subject to:

(a) A court order mandating acceptance of the certified letters of administration or letters testamentary; and

(b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the certified letters of administration or letters testamentary or mandates acceptance of the certified letters of administration or letters testamentary.

4. After accepting certified letters of administration or letters testamentary, a person may request newly certified letters of administration or letters testamentary any time after the 6-month period following the date of the previous acceptance of certified letters of administration or letters testamentary for the purpose of validating the continued authority of the personal representative.

NRS 143.352

Added to NRS by 2021, 969

Added by 2021, Ch. 209,§18, eff. 10/1/2021.