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Current as of January 01, 2021 | Updated by FindLaw Staff
1. A person holding property that is attributable to a decedent may only request the presentation of the following items before transferring such property in accordance with a court order providing to whom such property is to be transferred:
(a) A certified copy of the court order providing to whom such property is to be transferred;
(b) A certified copy of letters of administration or letters testamentary;
(c) The identification and contact information of the personal representative;
(d) Tax information, if necessary; and
(e) Documents evidencing the death of the decedent.
2. Except as otherwise provided in subsection 3, if a person holding property that is attributable to a decedent:
(a) Requests the presentation of any of the items set forth in subsection 1, the person must accept and comply with the court order providing to whom such property is to be transferred not later than 10 days after the presentation of all items requested pursuant to subsection 1.
(b) Does not request the presentation of any of the items set forth in subsection 1, the person must accept and comply with the court order providing to whom such property is to be transferred not later than 10 days after being presented with the court order.
3. A person holding property that is attributable to a decedent is not required to transfer such property if:
(a) The certification of the court order, letters of administration or letters testamentary presented is older than 180 days;
(b) The court order is inconsistent with federal law; or
(c) The person has actual knowledge that the person presenting the court order is not a personal representative of the estate of the decedent.
4. The lack of legal or actual notice of the court proceeding resulting in the issuance of the court order providing to whom property is to be transferred is not a defense to not complying with the order unless an actual dispute exists over title to the property.
5. A person who timely complies with a court order in accordance with this section shall be held harmless.
6. A person who refuses to accept and comply with a court order in violation of this section is subject to:
(a) A court order requiring acceptance of the order; and
(b) Liability for reasonable attorney's fees and costs incurred in an action or proceeding confirming the validity of the court order, and any damages resulting from the delay beginning on the day of the presentation of all items requested pursuant to subsection 1.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 12. Wills and Estates of Deceased Persons § 143.372. Documents to be presented before transfer of property according to court order; compliance or refusal to comply with court order - last updated January 01, 2021 | https://codes.findlaw.com/nv/title-12-wills-and-estates-of-deceased-persons/nv-rev-st-143-372/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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