1. No person is qualified to serve as an executor who, at the time the will is probated:
(a) Is under the age of majority;
(b) Has been convicted of a felony, unless the court determines that such a conviction should not disqualify the person from serving in the position of an executor;
(c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of conflict of interest, drunkenness, improvidence, lack of integrity or understanding or other compelling reason; or
(d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this State. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed must be a resident of this State.
2. If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.
[38:107:1941; 1931 NCL § 9882.38]—(NRS A 1969, 1198; 1971, 148; 1975, 1767; 1995, 496; 1999, 2270; 2003, 2509, 2690; 2009, 1625; 2015, 3527)
Structure Nevada Revised Statutes
Chapter 138 - Appointment of Personal Representatives
NRS 138.010 - Powers of personal representative before issuance of letters.
NRS 138.020 - Qualifications of executor; letters with will annexed.
NRS 138.040 - Executor not specifically named may be appointed.
NRS 138.045 - Appointment of substitute executors and coexecutors.
NRS 138.050 - Successor to corporate executor.
NRS 138.060 - Objections to appointment.
NRS 138.070 - Executor of deceased executor; account of deceased personal representative.
NRS 138.080 - Failure to appoint all named executors.
NRS 138.090 - Administrators with will annexed: Order of appointment; exceptions.