1. If any other person within 1 year after the appointment and qualification of the representative files a petition claiming that the missing person died subsequent to the commencement of the 3-year period provided herein, and the petitioner is entitled to the property in the estate, or any portion thereof, as successor in interest to the rights of the missing person, and if the petitioner causes a copy of the petition to be served personally or by registered or certified mail upon the personal representative of the estate and upon each of the heirs and devisees, the court shall determine the truth of the facts contained in the petition.
2. The court may, upon application or on its own motion, require the claimant to give security to be approved by the court for all costs and expenses involved in the hearing and determination of the truth of the facts contained in the petition, in case the hearing is decided adverse to the claimant.
3. If the hearing is decided in favor of the claimant, the court shall make and enter such order as the circumstances require.
(Added to NRS by 1959, 508; A 1969, 95; 1991, 966; 2001, 168)
Structure Nevada Revised Statutes
Chapter 156 - Administration of Estates of Missing Persons
NRS 156.020 - Notice of hearing: Publication by clerk; court may direct further notice.
NRS 156.030 - Hearing; appointment of trustee.
NRS 156.040 - Who may be appointed trustee.
NRS 156.050 - Bond of trustee.
NRS 156.060 - Trustee’s powers and duties; payments for family expenses or support.
NRS 156.070 - Accountings by trustee; removal and appointment of another trustee.
NRS 156.080 - Sale or mortgage of property: Filing of petition by trustee; notice of hearing.
NRS 156.100 - Accounting if missing person returns.
NRS 156.120 - Person deemed missing after 3 years; administration of property; procedure.
NRS 156.130 - Jurisdiction of proceedings; residence of absentee; entitlement of proceedings.
NRS 156.150 - Manner of giving notice of hearing.
NRS 156.170 - No sale, mortgage or distribution of property for 1 year; exceptions.
NRS 156.180 - Distribution of property to heirs and devisees: Time; bond of distributee; conditions.
NRS 156.200 - Order vacating proceedings; exceptions; delivery of residue to claimant.
NRS 156.220 - Final distribution; conclusive presumption of death.
NRS 156.230 - Distribution without bond if absence exceeds 5 years.
NRS 156.240 - Limitation of actions.
NRS 156.250 - Powers and duties of administrators and executors.
NRS 156.260 - Applicability of NRS 156.120 to 156.260, inclusive.