1.  Subject to the provisions of subsections 2 and 3, before the issuance of the letters of administration for an estate, before filing an affidavit to administer an estate pursuant to NRS 253.0403, before petitioning to have an estate set aside pursuant to NRS 253.0425, and without giving notice to the next of kin, the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may act on behalf of the estate of a deceased person to identify and secure all tangible and intangible assets of the estate if the administrator or person finds that:

Terms Used In Nevada Revised Statutes 253.0405

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Personal property: All property that is not real property.
  • Trustee: A person or institution holding and administering property in trust.

(a) There are no relatives of the deceased who are able to protect the property; or

(b) Failure to do so could endanger the property.

2.  A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, shall not distribute, liquidate or otherwise administer any assets of an estate which are identified and secured pursuant to subsection 1 unless:

(a) A court has issued letters of administration for the estate; or

(b) A court order authorizing the public administrator or person to act as administrator of the estate has been issued.

3.  A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, may, for the purpose of protecting the assets of an estate which are identified and secured pursuant to subsection 1, authorize any of the following persons to access the real and personal property of the estate:

(a) A relative of the deceased;

(b) A named executor or named trustee of the estate; or

(c) An attorney or any other natural person designated by the next of kin of the deceased.

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