Nevada Revised Statutes
Chapter 151 - Adjustments; Distribution and Discharge
NRS 151.040 - Order for distribution: Prerequisites to order; bond; assumption of personal liability by heir or devisee.


1. Subject to the provisions of subsection 3, if it appears at the hearing that the estate has little debt and that the share or shares of the party or parties petitioning may be allowed without injury to the creditors of the estate, the court shall enter an order in conformity with the request of the petitioner or petitioners.
2. The order may direct the personal representative to deliver to the petitioner or petitioners the whole portion of the estate to which each is entitled, or a part of the portion, if there is sufficient property remaining in the estate to satisfy the debts or if there is filed with the court an assumption of liability for a contingent or disputed debt as provided in subsection 3. The court may impose any other conditions it determines are just, including a requirement that a distributee give a security interest in all or part of the property distributed or give bond in an amount determined by the court. The bond must be payable to the personal representative and conditioned for the payment by the distributee, whenever required, of his or her proportion of the debts of the estate.
3. As a condition of an order under subsection 2, if directed by the court, each heir or devisee shall file with the court a signed and acknowledged agreement assuming personal liability for the contingent or disputed debt and consenting to jurisdiction in this State for the enforcement of the debt if it becomes absolute or established. The personal liability of each heir or devisee does not exceed the fair market value on the date of distribution of the property distributed less the amount of any liens or encumbrances. If there is more than one heir or devisee, their personal liability is joint and several.
[238:107:1941; 1931 NCL § 9882.238] + [239:107:1941; 1931 NCL § 9882.239]—(NRS A 1999, 2342)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 151 - Adjustments; Distribution and Discharge

NRS 151.003 - Order of priority for payment of devises.

NRS 151.005 - Agreement by distributees to alter interests, shares or amounts to which they are otherwise entitled under terms of will: Requirements; exceptions; personal representative to abide by terms.

NRS 151.010 - Petition for partial distribution; bond.

NRS 151.020 - Petition for hearing and notice of hearing.

NRS 151.030 - Contest of petition.

NRS 151.040 - Order for distribution: Prerequisites to order; bond; assumption of personal liability by heir or devisee.

NRS 151.050 - Order of repayment: Action on bond or other security; action against distributee if no bond or other security given.

NRS 151.060 - Partition when partial distribution ordered.

NRS 151.070 - Costs.

NRS 151.080 - Petition for final distribution.

NRS 151.090 - Notice of hearing of petition.

NRS 151.095 - Manner of distribution; distribution without proration.

NRS 151.110 - Order and distribution; recording of copy of order conveying real property.

NRS 151.120 - When gift before death not deemed advancement.

NRS 151.130 - Computation of share of estate if heir or devisee received advancement.

NRS 151.140 - Value of property advanced.

NRS 151.150 - Predeceased heir or devisee.

NRS 151.160 - Determination of questions as to advancements.

NRS 151.161 - When gift before death not deemed satisfaction of testamentary gift.

NRS 151.162 - Value of gift in satisfaction of testamentary gift.

NRS 151.163 - Effect of abatement.

NRS 151.167 - Property sold to pay debts, expenses or family allowances: Contribution between devisees.

NRS 151.170 - Payments to county treasurer for person who cannot be found, minor or incapacitated person without guardian, and others.

NRS 151.180 - Distribution to guardians of nonresident minors and incapacitated persons.

NRS 151.190 - Sale of unclaimed personal property; disposition of proceeds.

NRS 151.210 - Claim of money paid into State Treasury; order of court.

NRS 151.220 - Specific devise of personal property for life only.

NRS 151.230 - Order of discharge; court may excuse filing of receipt; order for distribution of estate from recovery of distributed property.

NRS 151.240 - Subsequent administration; limitation on reopening estate.

NRS 151.250 - Petition; hearing and notice.

NRS 151.260 - Supplemental orders.