NRS253.0403. Administration of estate in which gross value of decedent’s property does not exceed $20,000.

      1.  When the gross value of a decedent’s property situated in this State does not exceed $20,000, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.

      2.  The affidavit must provide:

      (a) The public administrator’s name and address, and his or her attestation that he or she is entitled by law to administer the estate;

      (b) The decedent’s place of residence at the time of his or her death;

      (c) That the gross value of the decedent’s property in this State does not exceed $20,000;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;

      (f) A description of the personal property of the decedent;

      (g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;

      (h) If heirs or next of kin are known to the affiant, a description of the method of service the affiant used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;

      (i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and

      (j) The name of each person to whom the affiant intends to distribute the decedent’s property.

      3.  Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedent’s heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, the administrator shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.

      4.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 147.195.

      (b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.

      5.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if the person relies in good faith, he or she is immune from civil liability for actions based on that reliance.

      6.  Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.

      (Added to NRS by 1991, 195; A 1999, 917; 2003, 478, 2515; 2005, 396)