Nevada Revised Statutes 139.040 – Order of priority for right to appointment; priority of nominee
1. Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:
Terms Used In Nevada Revised Statutes 139.040
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intestate: Dying without leaving a will.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probate: Proving a will
(a) The surviving spouse.
(b) The children.
(c) A parent.
(d) The brother or the sister.
(e) The grandchildren.
(f) Any other of the kindred entitled to share in the distribution of the estate.
(g) The public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable.
(h) Creditors who have become such during the lifetime of the decedent.
(i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.
(j) Any person or persons legally qualified.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if the person is:
(1) A resident of the State of Nevada or the person:
(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or
(II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or
(2) A banking corporation which is authorized to do business in this State or which:
(I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or
(II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.
(b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.
3. If any heir who is otherwise entitled to appointment is a minor or an incapacitated person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incapacitated person as administrator.