Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 143.380 - Sale of property of estate; requirements relating to consent and court confirmation of sales1. Except as otherwise provided in subsection 4, and subject to the limitations and requirements of NRS 143.370, when the personal representative exercises the authority to sell property of the estate after being granted full authority pursuant to NRS 143.300 to 143.815, inclusive, the personal representative may sell the property at public auction or private sale, and with or without notice, for cash or on credit, for such price and upon such terms and conditions as the personal representative may determine.2. The requirements applicable to court confirmation of sales of real property referenced in subsection 1 include, without limitation:(a) Publication of the notice of sale;(b) Court approval of agents' and brokers' commissions;(c) The sale being not less than 90 percent of appraised value of the real property;(d) An examination by the court into the necessity for the sale of the real property, including, without limitation, any advantage to the estate and benefit to interested persons; and(e) The efforts of the personal representative to obtain the highest and best price for the property reasonably attainable.3. The requirements applicable to court confirmation of sales of real property and sales of personal property do not apply to a sale pursuant to this section.4. If the personal representative determines that the sale of real property pursuant to this section will be less than 90 percent of the appraised value of the real property:(a) All interested persons must consent in writing to the sale before the personal representative may proceed with the sale; and(b) The sale must be confirmed by the court pursuant to NRS 148.060.Added to NRS by 2011, 1441; A 2015, 3528; 2021, 973Amended by 2021, Ch. 209,§25.5, eff. 10/1/2021.Amended by 2015, Ch. 524,§17, eff. 10/1/2015.(Added to NRS by 2011, 1441)